SB2408 EnrolledLRB102 11366 BMS 16699 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 5. Energy Transition

 
5    Section 5-1. Short title. This Article may be cited as the
6Energy Transition Act. As used in this Article, "this Act"
7refers to this Article.
 
8    Section 5-5. Definitions. As used in this Act:
9    "Apprentice" means a participant in an apprenticeship
10program approved by and registered with the United States
11Department of Labor's Bureau of Apprenticeship and Training.
12    "Apprenticeship program" means an apprenticeship and
13training program approved by and registered with the United
14States Department of Labor's Bureau of Apprenticeship and
15Training.
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    "Community-based organizations" means an organization
22that: (1) provides employment, skill development, or related

 

 

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1services to members of the community; (2) includes community
2colleges, nonprofits, and local governments; (3) has at least
3one main operating office in the community or region it
4serves; and (4) demonstrates relationships with local
5residents and other organizations serving the community.
6    "Department" means the Department of Commerce and Economic
7Opportunity, unless the text solely specifies a particular
8Department.
9    "Director" means the Director of Commerce and Economic
10Opportunity.
11    "Equity eligible contractor" or "eligible contractor"
12means:
13        (1) a business that is majority-owned by equity
14    investment eligible individuals or persons who are or have
15    been participants in the Clean Jobs Workforce Network
16    Program, Clean Energy Contractor Incubator Program,
17    Returning Residents Clean Jobs Training Program, Illinois
18    Climate Works Preapprenticeship Program, or Clean Energy
19    Primes Contractor Accelerator Program;
20        (2) a nonprofit or cooperative that is
21    majority-governed by equity investment eligible
22    individuals or persons who are or have been participants
23    in the Clean Jobs Workforce Network Program, Clean Energy
24    Contractor Incubator Program, Returning Residents Clean
25    Jobs Training Program, Illinois Climate Works
26    Preapprenticeship Program, or Clean Energy Primes

 

 

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1    Contractor Accelerator Program; or
2        (3) an equity investment eligible person or an
3    individual who is or has been a participant in the Clean
4    Jobs Workforce Network Program, Clean Energy Contractor
5    Incubator Program, Returning Residents Clean Jobs Training
6    Program, Illinois Climate Works Preapprenticeship Program,
7    or Clean Energy Primes Contractor Accelerator Program and
8    who is offering personal services as an independent
9    contractor.
10    "Equity focused populations" means (i) low-income persons;
11(ii) persons residing in equity investment eligible
12communities; (iii) persons who identify as black, indigenous,
13and people of color; (iv) formerly convicted persons; (v)
14persons who are or were in the child welfare system; (vi)
15energy workers; (vii) dependents of displaced energy workers;
16(viii) women; (ix) LGBTQ+, transgender, or gender
17nonconforming persons; (x) persons with disabilities; and (xi)
18members of any of these groups who are also youth.
19    "Equity investment eligible community" and "eligible
20community" are synonymous and mean the geographic areas
21throughout Illinois which would most benefit from equitable
22investments by the State designed to combat discrimination and
23foster sustainable economic growth. Specifically, the eligible
24community means the following areas:
25        (1) R3 Areas as established pursuant to Section 10-40
26    of the Cannabis Regulation and Tax Act, where residents

 

 

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1    have historically been excluded from economic
2    opportunities, including opportunities in the energy
3    sector; and
4        (2) Environmental justice communities, as defined by
5    the Illinois Power Agency pursuant to the Illinois Power
6    Agency Act, but excluding racial and ethnic indicators,
7    where residents have historically been subject to
8    disproportionate burdens of pollution, including pollution
9    from the energy sector.
10    "Equity investment eligible person" and "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 persons means the following people:
15        (1) persons whose primary residence is in an equity
16    investment eligible community;
17        (2) persons who are graduates of or currently enrolled
18    in the foster care system; or
19        (3) persons who were formerly incarcerated.
20    "Climate Works Hub" means a nonprofit organization
21selected by the Department to act as a workforce intermediary
22and to participate in the Illinois Climate Works
23Preapprenticeship Program. To qualify as a Climate Works Hub,
24the organization must demonstrate the following:
25        (1) the ability to effectively serve diverse and
26    underrepresented populations, including by providing

 

 

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1    employment services to such populations;
2        (2) experience with the construction and building
3    trades;
4        (3) the ability to recruit, prescreen, and provide
5    preapprenticeship training to prepare workers for
6    employment in the construction and building trades; and
7        (4) a plan to provide the following:
8            (A) preparatory classes;
9            (B) workplace readiness skills, such as resume
10        preparation and interviewing techniques;
11            (C) strategies for overcoming barriers to entry
12        and completion of an apprenticeship program; and
13            (D) any prerequisites for acceptance into an
14        apprenticeship program.
 
15    Section 5-10. Findings. The General Assembly finds that
16the clean energy sector is a growing area of the economy in the
17State of Illinois. The General Assembly further finds that
18State investment in the clean energy economy in Illinois can
19be a vehicle for expanding equitable access to public health,
20safety, a cleaner environment, quality jobs, and economic
21opportunity.
22    It is in the public policy interest of the State to ensure
23that Illinois residents from communities disproportionately
24impacted by climate change, communities facing coal plant or
25coal mine closures, and economically disadvantaged communities

 

 

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1and individuals experiencing barriers to employment have
2access to State programs and good jobs and career
3opportunities in growing sectors of the State economy. To
4promote those interests in the growing clean energy sector,
5the General Assembly hereby creates this Act to increase
6access to and opportunities for education, training, and
7support services these individuals need to succeed in the
8labor market generally and the clean energy sector
9specifically. The General Assembly further finds that the
10programs included in this Act are essential to equitable,
11statewide access to quality training, jobs, and economic
12opportunities across the clean energy sector.
 
13    Section 5-15. Regional Administrators.
14    (a) Subject to appropriation, the Department shall select
153 unique Regional Administrators: one Regional Administrator
16for coordination of the work in the Northern Illinois Program
17Delivery Area, one Regional Administrator for coordination of
18the work in the Central Illinois Program Delivery Area, and
19one Regional Administrator for coordination of the work in the
20Southern Illinois Program Delivery Area.
21    (b) The Regional Administrators shall have strong
22capabilities, experience, and knowledge related to program
23development and fiscal management; cultural and language
24competency needed to be effective in their respective
25communities to be served; expertise in working in and with

 

 

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1BIPOC and environmental justice communities; knowledge and
2experience in working with employer or sectoral partnerships,
3if applicable, in clean energy or related sectors; and
4awareness of industry trends and activities, workforce
5development best practices, regional workforce development
6needs, regional and industry employers, and community
7development. The Regional Administrators shall demonstrate a
8track record of strong partnerships with community-based
9organizations and labor organizations.
10    (c) The Regional Administrators shall work together to
11administer the implementation of the Clean Jobs Workforce
12Network Program, the Illinois Climate Works Preapprenticeship
13Program, the Clean Energy Contractor Incubator Program, and
14the Returning Resident Clean Jobs Training Program.
 
15    Section 5-20. Clean Jobs Workforce Network Program.
16    (a) As used in this Section, "Program" means the Clean
17Jobs Workforce Network Program.
18    (b) Subject to appropriation, the Department shall develop
19and, through Regional Administrators, administer the Clean
20Jobs Workforce Network Program to create a network of 13
21Program delivery Hub Sites with program elements delivered by
22community-based organizations and their subcontractors
23geographically distributed across the State including at least
24one Hub Site located in or near each of the following areas:
25Chicago (South Side), Chicago (Southwest and West Sides),

 

 

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

 

 

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

 

 

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1formerly incarcerated person or foster care recipient;
2however, the Department or Regional Administrators may publish
3aggregated data on the number of participants that were
4formerly incarcerated or foster care recipients so long as
5that publication protects the identities of those persons.
6    Any person who applies to the program may elect not to
7share with the Department or Regional Administrators whether
8he or she is a graduate or currently enrolled in the foster
9care system or was formerly convicted.
10    (d) Program elements for each Hub Site shall be provided
11by a community-based organization. The Department shall
12initially select a community-based organization in each Hub
13Site and shall subsequently select a community-based
14organization in each Hub Site every 3 years. Community-based
15organizations delivering program elements outlined in
16subsection (e) may provide all elements required or may
17subcontract to other entities for provision of portions of
18program elements, including, but not limited to,
19administrative soft and hard skills for program participants,
20delivery of specific training in the core curriculum, or
21provision of other support functions for program delivery
22compliance.
23    (e) The Clean Jobs Workforce Hubs Network shall:
24        (1) coordinate with Energy Transition Navigators: (i)
25    to increase participation in the Clean Jobs Workforce
26    Network Program and clean energy and related sector

 

 

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1    workforce and training opportunities; (ii) coordinate
2    recruitment, communications, and ongoing engagement with
3    potential employers, including, but not limited to,
4    activities such as job matchmaking initiatives, hosting
5    events such as job fairs, and collaborating with other Hub
6    Sites to identify and implement best practices for
7    employer engagement; and (iii) leverage community-based
8    organizations, educational institutions, and
9    community-based and labor-based training providers to
10    ensure program-eligible individuals across the State have
11    dedicated and sustained support to enter and complete the
12    career pipeline for clean energy and related sector jobs;
13        (2) develop formal partnerships, including formal
14    sector partnerships between community-based organizations
15    and entities that provide clean energy jobs, including
16    businesses, nonprofit organizations, and worker-owned
17    cooperatives, to ensure that Program participants have
18    priority access to employment training and hiring
19    opportunities; and
20        (3) implement the Clean Jobs Curriculum to provide,
21    including, but not limited to, training, certification
22    preparation, job readiness, and skill development,
23    including soft skills, math skills, technical skills,
24    certification test preparation, and other development
25    needed, to Program participants.
26    (f) Funding for the Program is subject to appropriation

 

 

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1from the Energy Transition Assistance Fund.
2    (g) The Department shall require submission of quarterly
3reports, including program performance metrics by each Hub
4Site to the Regional Administrator of their Program Delivery
5Area. Program performance metrics include, but are not limited
6to:
7        (1) demographic data, including racial, gender,
8    residency in eligible communities, and geographic
9    distribution data, on Program trainees entering and
10    graduating the Program;
11        (2) demographic data, including racial, gender,
12    residency in eligible communities, and geographic
13    distribution data, on Program trainees who are placed in
14    employment, including the percentages of trainees by race,
15    gender, and geographic categories in each individual job
16    type or category and whether employment is union,
17    nonunion, or nonunion via temporary agency;
18        (3) trainee job acquisition and retention statistics,
19    including the duration of employment (start and end dates
20    of hires) by race, gender, and geography;
21        (4) hourly wages, including hourly overtime pay rate,
22    and benefits of trainees placed into employment by race,
23    gender, and geography;
24        (5) percentage of jobs by race, gender, and geography
25    held by Program trainees or graduates that are full-time
26    equivalent positions, meaning that the position held is

 

 

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1    full-time, direct, and permanent based on 2,080 hours
2    worked per year (paid directly by the employer, whose
3    activities, schedule, and manner of work the employer
4    controls, and receives pay and benefits in the same manner
5    as permanent employees); and
6        (6) qualitative data consisting of open-ended
7    reporting on pertinent issues, including, but not limited
8    to, qualitative descriptions accompanying metrics or
9    identifying key successes and challenges.
10    (h) Within 3 years after the effective date of this Act,
11the Department shall select an independent evaluator to review
12and prepare a report on the performance of the Program and
13Regional Administrators.
 
14    Section 5-25. Clean Jobs Curriculum.
15    (a) As used in this Section, "clean energy jobs", subject
16to administrative rules, means jobs in the solar energy, wind
17energy, energy efficiency, energy storage, solar thermal,
18green hydrogen, geothermal, electric vehicle industries, other
19renewable energy industries, industries achieving emission
20reductions, and other related sectors including related
21industries that manufacture, develop, build, maintain, or
22provide ancillary services to renewable energy resources or
23energy efficiency products or services, including the
24manufacture and installation of healthier building materials
25that contain fewer hazardous chemicals. "Clean energy jobs"

 

 

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

 

 

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1        (3) include approaches to integrate broad occupational
2    training to provide career entry into the general
3    construction and building trades sector and any remedial
4    education and work readiness support necessary to achieve
5    educational and professional eligibility thresholds; and
6        (4) identify on-the-job training formats, where
7    relevant, and identify suggested trainer certification
8    standards, where relevant.
9    (c) The Department shall publish a report that includes
10the findings, recommendations, and core curriculum identified
11by the stakeholder group and shall post a copy of the report on
12its public website. The Department shall convene the process
13described to update and modify the recommended curriculum
14every 3 years to ensure the curriculum contents are current to
15the evolving clean energy industries, practices, and
16technologies.
17    (d) Organizations that receive funding to provide training
18under the Clean Jobs Workforce Network Program, including, but
19not limited to, community-based and labor-based training
20providers, and educational institutions must use the core
21curriculum that is developed under this Section.
 
22    Section 5-30. Energy Transition Barrier Reduction Program.
23    (a) As used in this Section, "Program" means the Energy
24Transition Barrier Reduction Program.
25    (b) Subject to appropriation, the Department shall create

 

 

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1and administer an Energy Transition Barrier Reduction Program.
2The Program shall be used to provide supportive services for
3individuals impacted by the energy transition. Services
4allowed are intended to help eligible individuals overcome
5financial and other barriers to participation in the Clean
6Jobs Workforce Network Program and the Illinois Climate Works
7Preapprenticeship Program.
8    (c) The Program shall be available to individuals eligible
9for participation in the Clean Jobs Workforce Network Program
10or Illinois Climate Works Preapprenticeship Program.
11    (d) The Department shall determine appropriate allowable
12program costs, elements, and financial supports to reduce
13barriers to successful participation in the Clean Jobs
14Workforce Program and the Illinois Climate Works
15Preapprenticeship Program for individuals eligible for these
16programs.
17    (e) Community-based organizations and other nonprofits
18selected by the Department shall provide supportive services
19described in this Section to eligible individuals
20participating in the Clean Jobs Workforce Network Program and
21Illinois Climate Works Preapprenticeship Program.
22    (f) The community-based organizations that provide support
23services under this Section shall coordinate with the Energy
24Transition Navigators to ensure eligible individuals have
25access to these services.
26    (g) Funding for the Program is subject to appropriation

 

 

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

 

 

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1include, but are not limited to, recruitment activities and
2events.
3    (c) For members of equity focused populations,
4prioritizing individuals eligible for the Clean Jobs Workforce
5Network Program or Illinois Climate Works Preapprenticeship
6Program, who may be interested in entrepreneurial pursuits,
7Energy Transition Navigators may connect these individuals
8with their area Small Business Development Center, Procurement
9Technical Assistance Centers, or economic development
10organization to engage in services, including, but not limited
11to, business consulting, business planning, regulatory
12compliance, marketing, training, accessing capital, government
13bid, and certification assistance.
14    (d) Energy Transition Navigators shall engage equity
15focused populations, prioritizing individuals eligible for the
16Clean Jobs Workforce Network Program or Illinois Climate Works
17Preapprenticeship Program, organizations working with these
18populations, local workforce innovation boards, and other
19relevant stakeholders to coordinate outreach initiatives to
20promote information regarding programs and services offered
21under the Clean Jobs Workforce Network Program, the Illinois
22Climate Works Preapprenticeship Program, and the Energy
23Transition Barrier Reduction Program. Energy Transition
24Navigators shall provide support where reasonable to
25individuals and entities applying for these services and
26programs.

 

 

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1    (e) Community education, outreach, and recruitment
2regarding the Clean Jobs Workforce Network Program, the
3Illinois Climate Works Preapprenticeship Program, and Energy
4Transition Barrier Reduction Program shall be targeted to the
5equity focused populations, prioritizing individuals eligible
6for the Clean Jobs Workforce Network Program or Illinois
7Climate Works Preapprenticeship Program.
8    (f) Community-based providers shall partner with
9educational institutions or organizations working with equity
10focused populations, local employers, labor unions, and others
11to identify members of equity focused populations in eligible
12communities who are unable to advance in their careers due to
13inadequate skills. Community-based providers shall provide
14information and consultation to equity focused populations,
15prioritizing individuals eligible for the Clean Jobs Workforce
16Network Program or Illinois Climate Works Preapprenticeship
17Program, on various educational opportunities and supportive
18services available to them.
19    (g) Community-based providers shall establish partnerships
20with employers, educational institutions, local economic
21development organizations, environmental justice
22organizations, trades groups, labor unions, and entities that
23provide jobs, including businesses and other nonprofit
24organizations, to target the skill needs of local industry.
25The community-based provider shall work with local workforce
26innovation boards and other relevant partners to develop skill

 

 

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1curriculum and career pathway support for disadvantaged
2individuals in equity focused populations, prioritizing
3individuals eligible for the Clean Jobs Workforce Network
4Program or Illinois Climate Works Preapprenticeship Program,
5that meets local employers' needs and establishes job
6placement opportunities after training.
7    (h) Funding for the Program is subject to appropriation
8from the Energy Transition Assistance Fund. Priority in
9awarding grants under this Section will be given to
10organizations that also have experience serving populations
11impacted by climate change.
12    (i) Each community-based organization that receives
13funding from the Department as an Energy Transition Navigator
14shall provide an annual report to the Department by April 1 of
15each calendar year. The annual report shall include the
16following information:
17        (1) a description of the community-based
18    organization's recruitment, screening, and training
19    efforts;
20        (2) the number of individuals who apply to,
21    participate in, and complete programs offered through the
22    Energy Transition Workforce Program, broken down by race,
23    gender, age, and location; and
24        (3) any other information deemed necessary by the
25    Department.
 

 

 

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1    Section 5-40. Illinois Climate Works Preapprenticeship
2Program.
3    (a) Subject to appropriation, the Department shall
4develop, and through Regional Administrators administer, the
5Illinois Climate Works Preapprenticeship Program. The goal of
6the Illinois Climate Works Preapprenticeship Program is to
7create a network of hubs throughout the State that will
8recruit, prescreen, and provide preapprenticeship skills
9training, for which participants may attend free of charge and
10receive a stipend, to create a qualified, diverse pipeline of
11workers who are prepared for careers in the construction and
12building trades and clean energy jobs opportunities therein.
13Upon completion of the Illinois Climate Works
14Preapprenticeship Program, the candidates will be connected to
15and prepared to successfully complete an apprenticeship
16program.
17    (b) Each Climate Works Hub that receives funding from the
18Energy Transition Assistance Fund shall provide an annual
19report to the Illinois Works Review Panel by April 1 of each
20calendar year. The annual report shall include the following
21information:
22        (1) a description of the Climate Works Hub's
23    recruitment, screening, and training efforts, including a
24    description of training related to construction and
25    building trades opportunities in clean energy jobs;
26        (2) the number of individuals who apply to,

 

 

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1    participate in, and complete the Climate Works Hub's
2    program, broken down by race, gender, age, and veteran
3    status;
4        (3) the number of the individuals referenced in
5    paragraph (2) of this subsection who are initially
6    accepted and placed into apprenticeship programs in the
7    construction and building trades; and
8        (4) the number of individuals referenced in paragraph
9    (2) of this subsection who remain in apprenticeship
10    programs in the construction and building trades or have
11    become journeymen one calendar year after their placement,
12    as referenced in paragraph (3) of this subsection.
13    (c) Subject to appropriation, the Department shall provide
14funding to 3 Climate Works Hubs throughout the State,
15including one to the Illinois Department of Transportation
16Region 1, one to the Illinois Department of Transportation
17Regions 2 and 3, and one to the Illinois Department of
18Transportation Regions 4 and 5. The Department shall initially
19select a community-based provider in each region and shall
20subsequently select a community-based provider in each region
21every 3 years.
22    (d) The Climate Works Hubs shall recruit, prescreen, and
23provide preapprenticeship training to equity investment
24eligible persons. This training shall include information
25related to opportunities and certifications relevant to clean
26energy jobs in the construction and building trades.

 

 

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1    (e) Funding for the Program is subject to appropriation
2from the Energy Transition Assistance Fund.
3    (f) The Department shall adopt any rules deemed necessary
4to implement this Section.
 
5    Section 5-45. Clean Energy Contractor Incubator Program.
6    (a) As used in this Section, "community-based
7organization" means a nonprofit organization, including an
8accredited public college or university that:
9        (1) has a history of providing business-related
10    assistance and knowledge to help entrepreneurs start, run,
11    and grow their businesses;
12        (2) has knowledge of construction and clean energy
13    trades;
14        (3) demonstrates relationships with local residents
15    and other organizations serving the community; and
16        (4) demonstrates the ability to effectively serve
17    diverse and underrepresented populations.
18    (b) Subject to appropriation, the Department shall
19develop, and through the Regional Administrators, administer
20the Clean Energy Contractor Incubator Program ("Program") to
21create a network of 13 Program delivery Hub Sites with program
22elements delivered by community-based organizations and their
23subcontractors geographically distributed across the State,
24including at least one Hub Site located in or near each of the
25following areas: Chicago (South Side), Chicago (Southwest and

 

 

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1West Sides), Waukegan, Rockford, Aurora, Joliet, Peoria,
2Champaign, Danville, Decatur, Carbondale, East St. Louis, and
3Alton.
4    (c) In admitting program participants, for each Contractor
5Incubator Hub Site the Regional Administrators shall:
6        (1) in each Hub Site where the applicant pool allows:
7            (A) dedicate at least one-third of program
8        placements to the owners of clean energy contractor
9        businesses and nonprofits who reside in a geographic
10        area that is impacted by economic and environmental
11        challenges, defined as an area that is both (i) an R3
12        Area, as defined pursuant to Section 10-40 of the
13        Cannabis Regulation and Tax Act, and (ii) an
14        environmental justice community, as defined by the
15        Illinois Power Agency, excluding any racial or ethnic
16        indicators used by the agency unless and until the
17        constitutional basis for their inclusion in
18        determining program admissions is established. Among
19        applicants that satisfy these criteria, preference
20        shall be given to applicants who face barriers to
21        employment, such as low educational attainment, prior
22        involvement with the criminal legal system, and
23        language barriers; and applicants that are graduates
24        of or currently enrolled in the foster care system;
25        and
26            (B) dedicate at least two-thirds of program

 

 

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1        placements to the owners of clean energy contractor
2        businesses and nonprofits that satisfy the criteria in
3        paragraph (1) or who reside in eligible communities.
4        Among applicants who live in eligible communities,
5        preference shall be given to applicants who face
6        barriers to employment, such as low educational
7        attainment, prior involvement with the criminal legal
8        system, and language barriers; and applicants that are
9        graduates of or currently enrolled in the foster care
10        system; and
11        (2) prioritize the remaining program placements for:
12    applicants who are displaced energy workers as defined in
13    the Energy Community Reinvestment Act; persons who face
14    barriers to employment, including low educational
15    attainment, prior involvement with the criminal legal
16    system, and language barriers; and applicants who are
17    graduates of or currently enrolled in the foster care
18    system, regardless of the applicants' area of residence.
19    Consideration shall also be given to any current or past
20participant in the Clean Jobs Workforce Network Program,
21Illinois Climate Works Preapprenticeship Program, or Returning
22Residents Clean Energy Jobs Training Program.
23    The Department and Regional Administrators shall protect
24the confidentiality of any personal information provided by
25program applicants regarding the applicant's status as a
26formerly incarcerated person or foster care recipient;

 

 

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1however, the Department or Regional Administrators may publish
2aggregated data on the number of participants that were
3formerly incarcerated or foster care recipients so long as
4that publication protects the identities of those persons.
5    Any person who applies to the program may elect not to
6share with the Department or Regional Administrators whether
7he or she is a graduate or currently enrolled in the foster
8care system or was formerly convicted.
9    (d) Program elements at each Hub Site shall be provided by
10a local community-based organization. The Department shall
11initially select a community-based organization in each Hub
12Site and shall subsequently select a community-based
13organization in each Hub Site every 3 years. Community-based
14organizations delivering program elements outlined in
15subsection (e) may provide all elements required or may
16subcontract to other entities for provision of portions of
17program elements, including, but not limited to,
18administrative soft and hard skills for program participants,
19delivery of specific training in the core curriculum, or
20provision of other support functions for program delivery
21compliance.
22    (e) The Clean Energy Contractor Incubator Program shall:
23        (1) provide access to low-cost capital for small clean
24    energy businesses and contractors;
25        (2) provide support for obtaining financial assurance,
26    including, but not limited to: bonding; back office

 

 

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1    services; insurance, permits, training and certifications;
2    business planning; and low-interest loans;
3        (3) train, mentor, and provide other support needed to
4    allow participant contractors to: (i) build their
5    businesses and connect to specific projects, (ii) register
6    as approved vendors, (iii) engage in approved vendor
7    subcontracting and qualified installer opportunities, (iv)
8    develop partnering and networking skills, (v) compete for
9    capital and other resources, and (vi) execute clean
10    energy-related project installations and subcontracts;
11        (4) ensure that participant contractors, community
12    partners, and potential contractor clients are aware of
13    and engaged in the Program;
14        (5) connect participant contractors with the
15    Department of Labor for resources, training, and technical
16    support on prevailing wage compliance;
17        (6) provide recruitment and ongoing engagement with
18    entities that hire contractors and subcontractors,
19    programs providing renewable energy resource-related
20    projects, incentive programs, and approved vendor and
21    qualified installer opportunities, including, but not
22    limited to, activities such as matchmaking, events, and
23    collaborating with other Hub Sites.
24    (f) Funding for the Program and independent evaluations as
25described in subsection (h) are subject to appropriation from
26the Energy Transition Assistance Fund.

 

 

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1    (g) The Department shall require submission of quarterly
2reports including program performance metrics by each Hub Site
3to the Regional Administrator of their Program Delivery Area.
4Program performance metrics include, but are not limited to:
5        (1) demographic data including: race, gender,
6    geographic location, R3 residency, Environmental Justice
7    Community residency, foster care system participation, and
8    justice-involvement for the owners of contractors
9    applying, accepted into, and graduating from the Program;
10        (2) the number of projects completed by participant
11    contractors, alone or in partnership, by race, gender,
12    geographic location, R3 residency, Environmental Justice
13    Community residency, foster care system participation, and
14    justice-involvement for the owners of contractors;
15        (3) the number of partnerships with participant
16    contractors that are expected to result in contracts for
17    work by the participant contractor, by race, gender,
18    geographic location, R3 residency, Environmental Justice
19    Community residency, foster care system participation, and
20    justice-involvement for the owners of contractors;
21        (4) changes in participant contractors' business
22    revenue, by race, gender, geographic location, R3
23    residency, Environmental Justice Community residency,
24    foster care system participation, and justice-involvement
25    for the owners of contractors;
26        (5) the number of new hires by participant

 

 

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1    contractors, by race, gender, geographic location, R3
2    residency, Environmental Justice Community residency,
3    foster care system participation, and justice-involvement;
4        (6) demographic data, including race, gender,
5    geographic location, R3 residency, Environmental Justice
6    Community residency, foster care system participation, and
7    justice-involvement, and average wage data, for new hires
8    by participant contractors;
9        (7) certifications held by participant contractors,
10    and number of participants holding each certification,
11    including, but not limited to, registration under the
12    Business Enterprise for Minorities, Women, and Persons
13    with Disabilities Act program and other programs intended
14    to certify BIPOC entities;
15        (8) the number of Program sessions attended by
16    participant contractors, aggregated by race; and
17        (9) indicators relevant for assessing the general
18    financial health of participant contractors.
19    (h) Within 3 years after the effective date of this Act,
20the Department shall select an independent evaluator to review
21and prepare a report on the performance of the Program and
22Regional Administrators. The report shall be posted publicly.
 
23    Section 5-50. Returning Residents Clean Jobs Training
24Program.
25    (a) Subject to appropriation, the Department shall develop

 

 

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1and, in coordination with the Department of Corrections,
2administer the Returning Residents Clean Jobs Training
3Program.
4    (b) As used in this Section:
5    "Commitment" means a judicially determined placement in
6the custody of the Department of Corrections on the basis of a
7conviction.
8    "Committed person" means a person committed to the
9Department of Corrections.
10    "Community-based organization" means an organization that:
11        (1) provides employment, skill development, or related
12    services to members of the community;
13        (2) includes community colleges, nonprofits, and local
14    governments; and
15        (3) has a history of serving committed persons or
16    justice-involved persons.
17    "Correctional institution or facility" means a Department
18of Corrections building or part of a Department of Corrections
19building where committed persons are detained in a secure
20manner.
21    "Department" means the Department of Commerce and Economic
22Opportunity.
23    "Discharge" means the end of a sentence or the final
24termination of a detainee's physical commitment to and
25confinement in the Department of Corrections.
26    "Program" means the Returning Residents Clean Jobs

 

 

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1Training Program.
2    "Program Administrator" means, for each Program Delivery
3Area, the administrator selected by the Department pursuant to
4paragraph (1) of subsection (g) of this Section.
5    "Returning resident" means any United States resident who
6is: (i) 17 years of age or older; (ii) in the physical custody
7of the Department of Corrections; and (iii) scheduled to be
8re-entering society within 36 months.
9    (c) Returning Residents Clean Jobs Training Program.
10        (1) Connected services. The Program shall prepare
11    graduates to work in the clean energy and related sector
12    jobs as defined in Section 5-25.
13        (2) Recruitment of participants. The Program
14    Administrators shall, in coordination with the Department
15    of Commerce and Economic Opportunity, educate committed
16    persons in both men's and women's correctional
17    institutions and facilities on the benefits of the Program
18    and how to enroll in the Program.
19        (3) Connection to employers. The Program
20    Administrators shall, with assistance from the Regional
21    Administrators, connect Program graduates with potential
22    employers in the clean energy jobs industries.
23        (4) Graduation. Participants who successfully complete
24    all assignments in the Program shall receive a Program
25    graduation certificate and any certifications or
26    credentials earned in the process.

 

 

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1        (5) Eligibility. A committed person in a correctional
2    institution or facility is eligible if the committed
3    person:
4            (i) is within 36 months of expected release;
5            (ii) consented in writing to participation in the
6        Program;
7            (iii) meets all Program and testing requirements;
8            (iv) is willing to follow all Program
9        requirements; and
10            (v) does not pose a safety and security risk for
11        the facility or any person.
12    The Department of Corrections shall have sole discretion
13to determine whether a committed person's participation in the
14Program poses a safety and security risk for the facility or
15any person. The Department of Corrections shall determine
16whether a committed person is eligible to participate in the
17Program.
18    (d) Program entry and testing requirements. To enter the
19Returning Residents Clean Jobs Training Program, committed
20persons must complete a simple application, undergo an
21interview and coaching session, and must score a minimum of a
226.0 or above on the Test for Adult Basic Education or the
23Illinois Community College Board approved assessment for
24determining basic skills deficiency. The Returning Residents
25Clean Jobs Training Program shall include a one-week
26pre-program orientation that ensures the candidates understand

 

 

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1and are interested in continuing the Program. Candidates that
2successfully complete the orientation may continue to the full
3Program.
4    (d-5) Training. Once approved for the new program,
5candidates must receive essential employability skills
6training as part of vocational or occupational training.
7Training must lead to certifications or credentials that
8prepare candidates for employment.
9    (e) Removal from the Program. The Department of
10Corrections may remove a committed person enrolled in the
11Program for violation of institutional rules; failure to
12participate or meet expectations of the Program; failure of a
13drug test; disruptive behavior; or for reasons of safety,
14security, and order of the facility.
15    (f) Drug testing. A clean drug test is required to
16complete the Returning Residents Clean Jobs Training Program.
17A drug test shall be administered at least once prior to
18graduation. The Department of Corrections shall be responsible
19for the drug testing of applicants.
20    (g) Curriculum.
21        (1) The Department of Commerce and Economic
22    Opportunity shall design a curriculum for the Program that
23    is as similar as practical to the Clean Jobs Curriculum
24    and meets in-facility requirements. The curriculum shall
25    focus on preparing graduates for employment in the clean
26    energy and related sector jobs as defined in Section 5-25.

 

 

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1    The Program shall include structured hands-on activities
2    in correctional institutions or facilities, including
3    classroom spaces and outdoor spaces, to instruct
4    participants in the core curriculum established in this
5    Act. The Department and the Department of Corrections
6    shall work together to ensure all curriculum elements may
7    be available within Department of Corrections facilities.
8        (2) The Program Administrators shall collaborate to
9    create and publish a guidebook that allows for the
10    implementation of the curriculum and provides information
11    on all necessary and useful resources for Program
12    participants and graduates.
13    (h) Program administration.
14        (1) The Department of Commerce and Economic
15    Opportunity shall select a Program Administrator for each
16    Program Delivery Area to administer and coordinate the
17    Program. The Program Administrators shall have strong
18    capabilities, experience, and knowledge related to program
19    development and economic management; cultural and language
20    competency needed to be effective in the communities to be
21    served; committed persons or justice-involved persons;
22    knowledge and experience in working with providers of
23    clean energy jobs; and awareness of clean energy and
24    related sector trends and activities, workforce
25    development best practices, regional workforce development
26    needs, and community development.

 

 

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1        The Program Administrator must pass a background check
2    administered by the Department of Corrections and be
3    approved by the Department of Corrections to work within a
4    secure facility prior to being hired by the Department of
5    Commerce and Economic Opportunity for a Program delivery
6    area.
7        (2) The Program Administrators shall:
8            (i) coordinate with Regional Administrators and
9        the Clean Jobs Workforce Network Program to ensure
10        that execution, performance, partnerships, marketing,
11        and Program access across the State consistent with
12        respecting regional differences;
13            (ii) work with community-based organizations
14        approved to provide industry-recognized credentials or
15        education institutions to deliver the Program;
16            (iii) collaborate to create and publish an
17        employer "Hiring Returning Residents" handbook that
18        includes benefits and expectations of hiring returning
19        residents, guidance on how to recruit, hire, and
20        retain returning residents, guidance on how to access
21        State and federal tax credits and incentives and State
22        and federal resources, guidance on how to update
23        company policies to support hiring and supporting
24        returning residents, and an understanding of the harm
25        in one-size-fits-all policies toward returning
26        residents. The handbook shall be updated every 5 years

 

 

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1        or more frequently if needed to ensure that its
2        contents are accurate. The handbook shall be made
3        available on the Department's website;
4            (iv) work with potential employers to promote
5        company policies to support hiring and supporting
6        returning residents via employee/employer liability,
7        coverage, insurance, bonding, training, hiring
8        practices, and retention support;
9            (v) provide services such as job coaching and
10        financial coaching to Program graduates to support
11        employment longevity; and
12            (vi) identify clean energy job opportunities and
13        assist participants in achieving employment. The
14        Program shall include at least one job fair; include
15        job placement discussions with clean energy employers;
16        establish a partnership with Illinois solar energy
17        businesses and trade associations to identify solar
18        employers that support and hire returning residents;
19        and involve the Department of Commerce and Economic
20        Opportunity, Regional Administrators, and the Advisory
21        Council in finding employment for participants and
22        graduates in the clean energy and related sector
23        industries.
24        (3) The Department shall select community-based
25    organizations to provide Program elements at each
26    facility. Community-based organizations shall be

 

 

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1    competitively selected by the Department of Commerce and
2    Economic Opportunity. Community-based organizations
3    delivering the Program elements outlined may provide all
4    elements required or may subcontract to other entities for
5    the provision of portions of Program elements. All
6    contractors who have regular interactions with committed
7    persons, regularly access a Department of Corrections
8    facility, or regularly access a committed person's
9    personal identifying information or other data elements
10    must pass a Department of Corrections background check
11    prior to being approved to administer the Program elements
12    at a facility.
13        (4) The Department of Corrections shall aim to include
14    training in conjunction with other pre-release procedures
15    and movements. Delays in a workshop being provided shall
16    not cause delays in discharge.
17        (5) The Program Administrators may establish shortened
18    Returning Resident Clean Jobs Training Programs to prepare
19    and place graduates in the Clean Jobs Workforce Network
20    Program or the Illinois Climate Works Preapprenticeship
21    Program following the graduate's release from commitment.
22    Graduates of these programs shall receive training that
23    leads to certification or credentials designed to lead to
24    employment and shall be prioritized for placement in a
25    Clean Jobs Workforce Hubs training program or the Illinois
26    Climate Works Preapprenticeship Program.

 

 

SB2408 Enrolled- 38 -LRB102 11366 BMS 16699 b

1        (6) The Director of Corrections shall:
2            (i) Ensure that the wardens or superintendents of
3        all correctional institutions and facilities visibly
4        post information on the Program in an accessible
5        manner for committed individuals.
6            (ii) Identify the institutions and facilities
7        within the Department of Corrections that will offer
8        the Program. The determination of which facility will
9        offer the Program shall be based on available
10        programming space, staffing, population, facility
11        mission, security concerns, and any other relevant
12        factor in determining suitable locations for the
13        Program.
14    (i) Performance metrics.
15        (1) The Program Administrators shall collect data to
16    evaluate and ensure Program and participant success,
17    including:
18            (i) the number of returning residents who enrolled
19        in the Program;
20            (ii) the number of returning residents who
21        completed the Program;
22            (iii) the total number of individuals discharged;
23            (iv) the demographics of each entering and
24        graduating class;
25            (v) the percentage of graduates employed at 6 and
26        12 months after release;

 

 

SB2408 Enrolled- 39 -LRB102 11366 BMS 16699 b

1            (vi) the recidivism rate of Program participants
2        at 3 and 5 years after release;
3            (vii) the candidates interviewed and hiring
4        status;
5            (viii) the graduate employment status, such as
6        hire date, pay rates, whether full-time, part-time, or
7        seasonal, and separation date; and
8            (ix) continuing education and certifications
9        gained by Program graduates.
10        (2) The Department of Commerce and Economic
11    Opportunity shall publish an annual report containing
12    these performance metrics. Data may be disaggregated by
13    institution, discharge, or residence address of resident,
14    and other factors.
15    (j) Funding. Funding for the Program is subject to
16appropriation from the Energy Transition Assistance Fund.
17Funding may be made available from other lawful sources,
18including donations, grants, and federal incentives.
19    (k) Access. The Program instructors and staff must pass a
20background check administered by the Department of Corrections
21prior to entering a Department of Corrections institution or
22facility. The Warden or Superintendent shall have the
23authority to deny a Program instructor or staff member entry
24into an institution or facility for safety and security
25concerns or failure to follow all facility procedures or
26protocols. A Program instructor or staff member administering

 

 

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1the Program may be terminated or have his or her contract
2canceled if the Program instructor or staff member is denied
3entry into an institution or facility for safety and security
4concerns.
 
5    Section 5-55. Clean Energy Primes Contractor Accelerator
6Program.
7    (a) As used in this Section:
8    "Approved vendor" means the definition of that term used
9and as may be updated by the Illinois Power Agency.
10    "Minority business" means a minority-owned business as
11defined in Section 2 of the Business Enterprise for
12Minorities, Women, and Persons with Disabilities Act.
13    "Minority Business Enterprise certification" means the
14certification or recognition certification affidavit from the
15State of Illinois Department of Central Management Services
16Business Enterprise Program or a program with equivalent
17requirements.
18    "Program" means the Clean Energy Primes Contractor
19Accelerator Program.
20    "Returning resident" has the meaning given to that term in
21Section 5-50 of this Act.
22    (b) Subject to appropriation, the Department shall
23develop, and through a Primes Program Administrator and
24Regional Primes Program Leads described in this Section,
25administer the Clean Energy Primes Contractor Accelerator

 

 

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1Program. The Program shall be administered in 3 program
2delivery areas: the Northern Illinois Program Delivery Area
3covering Northern Illinois, the Central Illinois Program
4Delivery Area covering Central Illinois, and the Southern
5Illinois Program Delivery Area covering Southern Illinois.
6Prior to developing the Program, the Department shall solicit
7public comments, with a 30-day comment period, to gather input
8on Program implementation and associated community outreach
9options.
10    (c) The Program shall be available to selected contractors
11who best meet the following criteria:
12        (1) 2 or more years of experience in a clean energy or
13    a related contracting field;
14        (2) at least $5,000 in annual business; and
15        (3) a substantial and demonstrated commitment of
16    investing in and partnering with individuals and
17    institutions in equity investment eligible communities.
18    (c-5) The Department shall develop scoring criteria to
19select contractors for the Program, which shall consider:
20        (1) projected hiring and industry job creation,
21    including wage and benefit expectations;
22        (2) a clear vision of strategic business growth and
23    how increased capitalization would benefit the business;
24        (3) past project work quality and demonstration of
25    technical knowledge;
26        (4) capacity the applicant is anticipated to bring to

 

 

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1    project development;
2        (5) willingness to assume risk;
3        (6) anticipated revenues from future projects;
4        (7) history of commitment to advancing equity as
5    demonstrated by, among other things, employment of or
6    ownership by equity investment eligible persons and a
7    history of partnership with equity focused community
8    organizations or government programs; and
9        (8) business models that build wealth in the larger
10    underserved community.
11    Applicants for Program participation shall be allowed to
12reapply for a future cohort if they are not selected, and the
13Primes Program Administrator shall inform each applicant of
14this option.
15    (d) The Department, in consultation with the Primes
16Program Administrator and Regional Primes Program Leads, shall
17select a new cohort of participant contractors from each
18Program Delivery Area every 18 months. Each regional cohort
19shall include between 3 and 5 participants. The Program shall
20cap contractors in the energy efficiency sector at 50% of
21available cohort spots and 50% of available grants and loans,
22if possible.
23    (e) The Department shall hire a Primes Program
24Administrator with experience in leading a large
25contractor-based business in Illinois; coaching and mentoring;
26the Illinois clean energy industry; and working with equity

 

 

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1investment eligible community members, organizations, and
2businesses.
3    (f) The Department shall select 3 Regional Primes Program
4Leads who shall report directly to the Primes Program
5Administrator. The Regional Primes Program Leads shall be
6located within their Program Delivery Area and have experience
7in leading a large contractor-based business in Illinois;
8coaching and mentoring; the Illinois clean energy industry;
9developing relationships with companies in the Program
10Delivery Area; and working with equity investment eligible
11community members, organizations, and businesses.
12    (g) The Department may determine how Program elements will
13be delivered or may contract with organizations with
14experience delivering the Program elements described in
15subsection (h) of this Section.
16    (h) The Clean Energy Primes Contractor Accelerator Program
17shall provide participants with:
18        (1) a 5-year, 6-month progressive course of one-on-one
19    coaching to assist each participant in developing an
20    achievable 5-year business plan, including review of
21    monthly metrics, and advice on achieving participant's
22    goals;
23        (2) operational support grants not to exceed
24    $1,000,000 annually to support the growth of participant
25    contractors with access to capital for upfront project
26    costs and pre-development funding, among others. The

 

 

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1    amount of the grant shall be based on anticipated project
2    size and scope;
3        (3) business coaching based on the participant's
4    needs;
5        (4) a mentorship of approximately 2 years provided by
6    a qualified company in the participant's field;
7        (5) access to Clean Energy Contractor Incubator
8    Program services;
9        (6) assistance with applying for Minority Business
10    Enterprise certification and other relevant certifications
11    and approved vendor status for programs offered by
12    utilities or other entities;
13        (7) assistance with preparing bids and Request for
14    Proposal applications;
15        (8) opportunities to be listed in any relevant
16    directories and databases organized by the Department of
17    Central Management Services;
18        (9) opportunities to connect with participants in
19    other Department programs;
20        (10) assistance connecting with and initiating
21    participation in the Illinois Power Agency's Adjustable
22    Block program, the Illinois Solar for All Program, and
23    utility programs; and
24        (11) financial development assistance programs such as
25    zero-interest and low-interest loans with the Climate Bank
26    as established by Article 850 of the Illinois Finance

 

 

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1    Authority Act or a comparable financing mechanism. The
2    Illinois Finance Authority shall retain authority to
3    determine loan repayment terms and conditions.
4    (i) The Primes Program Administrator shall:
5        (1) collect and report performance metrics as
6    described in this Section;
7        (2) review and assess:
8            (i) participant work plans and annual goals; and
9            (ii) the mentorship program, including approved
10        mentor companies and their stipend awards; and
11        (3) work with the Regional Primes Program Leads to
12    publicize the Program; design and implement a mentorship
13    program; and ensure participants are quickly on-boarded.
14    (j) The Regional Primes Program Leads shall:
15        (1) publicize the Program; the budget shall include
16    funds to pay community-based organizations with a track
17    record of working with equity investment eligible
18    communities to complete this work;
19        (2) recruit qualified Program applicants;
20        (3) assist Program applicants with the application
21    process;
22        (4) introduce participants to the Program offerings;
23        (5) conduct entry and annual assessments with
24    participants to identify training, coaching, and other
25    Program service needs;
26        (6) assist participants in developing goals on entry

 

 

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1    and annually, and assessing progress toward meeting the
2    goals;
3        (7) establish a metric reporting system with each
4    participant and track the metrics for progress against the
5    contractor's work plan and Program goals;
6        (8) assist participants in receiving their Minority
7    Business Enterprise certification and any other relevant
8    certifications and approved vendor statuses;
9        (9) match participants with Clean Energy Contractor
10    Incubator Program offerings and individualized expert
11    coaching, including training on working with returning
12    residents and companies that employ them;
13        (10) pair participants with a mentor company;
14        (11) facilitate connections between participants and
15    potential subcontractors and employees;
16        (12) dispense a participant's awarded operational
17    grant funding;
18        (13) connect participants to zero-interest and
19    low-interest loans from the Climate Bank as established by
20    Article 850 of the Illinois Finance Authority Act or a
21    comparable financing mechanism;
22        (14) encourage participants to apply for appropriate
23    State and private business opportunities;
24        (15) review a participant's progress and make a
25    recommendation to the Department about whether the
26    participant should continue in the Program, be considered

 

 

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1    a Program graduate, and whether adjustments should be made
2    to a participant's grant funding, loans, and related
3    services;
4        (16) solicit information from participants, which
5    participants shall be required to provide, necessary to
6    understand the participant's business, including financial
7    and income information, certifications that the
8    participant is seeking to obtain, and ownership, employee,
9    and subcontractor data, including compensation, length of
10    service, and demographics; and
11        (17) other duties as required.
12    (k) Performance metrics. The Primes Program Administrator
13and Regional Primes Program Leads shall collaborate to collect
14and report the following metrics quarterly to the Department
15and Advisory Council:
16        (1) demographic information on cohort recruiting and
17    formation, including racial, gender, geographic
18    distribution data, and data on the number and percentage
19    of R3 residents, environmental justice community
20    residents, foster care alumni, and formerly convicted
21    persons who are cohort applicants and admitted
22    participants;
23        (2) participant contractor engagement in other
24    Illinois clean energy programs such as the Adjustable
25    Block program, Illinois Solar for All Program, and the
26    utility-run energy efficiency and electric vehicle

 

 

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1    programs;
2        (3) retention of participants in each cohort;
3        (4) total projects bid, started, and completed by
4    participants, including information about revenue, hiring,
5    and subcontractor relationships with projects;
6        (5) certifications issued;
7        (6) employment data for contractor hires and industry
8    jobs created, including demographic, salary, length of
9    service, and geographic data;
10        (7) grants and loans distributed; and
11        (8) participant satisfaction with the Program.
12    The metrics in paragraphs (2), (4), and (6) shall be
13collected from Program participants and graduates for 10 years
14from their entrance into the Program to help the Department
15and Program Administrators understand the Program's long-term
16effect.
17    Data should be anonymized where needed to protect
18participant privacy.
19    The Department shall make such reports publicly available
20on its website.
21    (l) Mentorship Program.
22        (1) The Regional Primes Program Leads shall recruit,
23    and the Primes Program Administrator shall select, with
24    approval from the Department, private companies with the
25    following qualifications to mentor participants and assist
26    them in succeeding in the clean energy industry:

 

 

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1            (i) excellent standing with state clean energy
2        programs;
3            (ii) 4 or more years of experience in their field;
4        and
5            (iii) a proven track record of success in their
6        field.
7        (2) Mentor companies may receive a stipend, determined
8    by the Department, for their participation. Mentor
9    companies may identify what level of stipend they require.
10        (3) The Primes Program Administrator shall develop
11    guidelines for mentor company-mentee profit sharing or
12    purchased services agreements.
13        (4) The Regional Primes Program Leads shall:
14            (i) collaborate with mentor companies and
15        participants to create a plan for ongoing contact such
16        as on-the-job training, site walkthroughs, business
17        process and structure walkthroughs, quality assurance
18        and quality control reviews, and other relevant
19        activities;
20            (ii) recommend the mentor company-mentee pairings
21        and associated mentor company stipends for approval;
22            (iii) conduct an annual review of each mentor
23        company-mentee pairing and recommend whether the
24        pairing continues for a second year and the level of
25        stipend that is appropriate. The review shall also
26        ensure that any profit sharing and purchased services

 

 

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1        agreements adhere to the guidelines established by the
2        Primes Program Administrator.
3        (5) Contractors may request reassignment to a new
4    mentor company.
5    (m) Disparity study. The Program Administrator shall
6cooperate with the Illinois Power Agency in the conduct of a
7disparity study, as described in subsection (c-15) of Section
81-75 of the Illinois Power Agency Act, and in the effectuation
9of appropriate remedies necessary to address any
10discrimination that such study may find. Potential remedies
11shall include, but not be limited to, race-conscious remedies
12to rapidly eliminate discrimination faced by minority
13businesses and works in the industry this Program serves,
14consistent with the law. Remedies shall be developed through
15consultation with individuals, companies, and organizations
16that have expertise on discrimination faced in the market and
17potential legally permissible remedies for addressing it.
18Notwithstanding any other requirement of this Section, the
19Program Administrator shall modify program participation
20criteria or goals as soon as the report has been published, in
21such a way as is consistent with state and federal law, to
22rapidly eliminate discrimination on minority businesses and
23workers in the industry this Program serves by setting
24standards for Program participation. This study will be paid
25for with funds from the Energy Transition Assistance Fund or
26any other lawful source.

 

 

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1    (n) Program budget.
2        (1) The Department may allocate up to $3,000,000
3    annually to the Primes Program Administrator for each of
4    the 3 regional budgets from the Energy Transition
5    Assistance Fund.
6        (2) The Primes Program Administrator shall work with
7    the Illinois Finance Authority and the Climate Bank as
8    established by Article 850 of the Illinois Finance
9    Authority Act or comparable financing institution so that
10    loan loss reserves may be sufficient to underwrite
11    $7,000,000 in low-interest loans in each of the 3 Program
12    delivery areas.
13        (3) Any grant and loan funding shall be made available
14    to participants in a timely fashion.
 
15    Section 5-60. Jobs and Environmental Justice Grant
16Program.
17    (a) In order to provide upfront capital to support the
18development of projects, businesses, community organizations,
19and jobs creating opportunity for historically disadvantaged
20populations, and to provide seed capital to support community
21ownership of renewable energy projects, the Department of
22Commerce and Economic Opportunity shall create and administer
23a Jobs and Environmental Justice Grant Program. The grant
24program shall be designed to help remove barriers to project,
25community, and business development caused by a lack of

 

 

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1capital.
2    (b) The grant program shall provide grant awards of up to
3$1,000,000 per application to support the development of
4renewable energy resources as defined in Section 1-10 of the
5Illinois Power Agency Act, and energy efficiency measures as
6defined in Section 8-103B of the Public Utilities Act. The
7amount of a grant award shall be based on a project's size and
8scope. Grants shall be provided upfront, in advance of other
9incentives, to provide businesses, organizations, and
10community groups with capital needed to plan, develop, and
11execute a project. Grants shall be designed to coordinate with
12and supplement existing incentive programs, such as the
13Adjustable Block program, the Illinois Solar for All Program,
14the community renewable generation projects, and renewable
15energy procurements as described in the Illinois Power Agency
16Act, as well as utility energy efficiency measures as
17described in Section 8-103B of the Public Utilities Act.
18    (c) The Jobs and Environmental Justice Grant Program shall
19include 2 subprograms:
20        (1) the Equitable Energy Future Grant Program; and
21        (2) the Community Solar Energy Sovereignty Grant
22    Program.
23    (d) The Equitable Energy Future Grant Program is designed
24to provide seed funding and pre-development funding
25opportunities for equity eligible contractors.
26        (1) The Equitable Energy Future Grant shall be awarded

 

 

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1    to businesses and nonprofit organizations for costs
2    related to the following activities and project needs:
3            (i) planning and project development, including
4        costs for professional services such as architecture,
5        design, engineering, auditing, consulting, and
6        developer services;
7            (ii) project application, deposit, and approval;
8            (iii) purchasing and leasing of land;
9            (iv) permitting and zoning;
10            (v) interconnection application costs and fees,
11        studies, and expenses;
12            (vi) equipment and supplies;
13            (vii) community outreach, marketing, and
14        engagement; and
15            (viii) staff and operations expenses.
16        (2) Grants shall be awarded to projects that most
17    effectively provide opportunities for equity eligible
18    contractors and equity investment eligible communities,
19    and should consider the following criteria:
20            (i) projects that provide community benefits,
21        which are projects that have one or more of the
22        following characteristics: (A) greater than 50% of the
23        project's energy provided or saved benefits low-income
24        residents, or (B) the project benefits not-for-profit
25        organizations providing services to low-income
26        households, affordable housing owners, or

 

 

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1        community-based limited liability companies providing
2        services to low-income households;
3            (ii) projects that are located in equity
4        investment eligible communities;
5            (iii) projects that provide on-the-job training;
6            (iv) projects that contract with contractors who
7        are participating or have participated in the Clean
8        Energy Contractor Incubator Program, Clean Energy
9        Primes Contractor Accelerator Program, or similar
10        programs; and
11            (v) projects employ a minimum of 51% of its
12        workforce from participants and graduates of the Clean
13        Jobs Workforce Network Program, Illinois Climate Works
14        Preapprenticeship Program, and Returning Residents
15        Clean Jobs Training Program.
16        (3) Grants shall be awarded to applicants that meet
17    the following criteria:
18            (i) are equity eligible contractors per the equity
19        accountability systems described in subsection (c-10)
20        of Section 1-75 of the Illinois Power Agency Act, or
21        meet the equity building criteria in paragraph (9.5)
22        of subsection (g) of Section 8-103B of the Public
23        Utilities Act; and
24            (ii) provide demonstrable proof of a historical or
25        future, and persisting, long-term partnership with the
26        community in which the project will be located.

 

 

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1    (e) The Community Solar Energy Sovereignty Grant Program
2shall be designed to support the pre-development and
3development of community solar projects that promote community
4ownership and energy sovereignty.
5        (1) Grants shall be awarded to applicants that best
6    demonstrate the ability and intent to create community
7    ownership and other local community benefits, including
8    local community wealth building via community renewable
9    generation projects. Grants shall be prioritized to
10    applicants for whom:
11            (i) the proposed project is located in and
12        supporting an equity investment eligible community or
13        communities; and
14            (ii) the proposed project provides additional
15        benefits for participating low-income households.
16        (2) Grant funds shall be awarded to support project
17    pre-development work and may also be awarded to support
18    the development of programs and entities to assist in the
19    long-term governance, management, and maintenance of
20    community solar projects, such as community solar
21    cooperatives. For example, funds may be awarded for:
22            (i) early stage project planning;
23            (ii) project team organization;
24            (iii) site identification;
25            (iv) organizing a project business model and
26        securing financing;

 

 

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1            (v) procurement and contracting;
2            (vi) customer outreach and enrollment;
3            (vii) preliminary site assessments;
4            (viii) development of cooperative or community
5        ownership model; and
6            (ix) development of project models that allocate
7        benefits to equity investment eligible communities.
8        (3) Grant recipients shall submit reports to the
9    Department at the end of the grant term on the activities
10    pursued under their grant and any lessons learned for
11    publication on the Department's website so that other
12    energy sovereignty projects may learn from their
13    experience.
14        (4) Eligible applicants shall include community-based
15    organizations, as defined in the Illinois Power Agency's
16    long-term renewable resources procurement plan, or
17    technical service providers working in direct partnership
18    with community-based organizations.
19        (5) The amount of a grant shall be based on a projects'
20    size and scope. Grants shall allow for a significant
21    portion, or the entirety, of the grant value to be made
22    upfront, in advance of other incentives, to ensure
23    businesses and organizations have the capital needed to
24    plan, develop, and execute a project.
25    (f) The application process for both subprograms shall not
26be burdensome on applicants, nor require extensive technical

 

 

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1knowledge, and shall be able to be completed on less than 4
2standard letter-sized pages.
3    (g) These grant subprograms may be coordinated with
4low-interest and no-interest financing opportunities offered
5through the Clean Energy Jobs and Justice Fund.
6    (h) The grant subprograms may have a budget of up to
7$34,000,000 per year. No more than 25% of the allocated budget
8shall go to the Community Solar Energy Sovereignty Grant
9Program.
 
10    Section 5-65. Energy Workforce Advisory Council.
11    (a) The Energy Workforce Advisory Council is hereby
12created within the Department.
13    (b) The Council shall consist of the following voting
14members appointed by the Governor with the advice and consent
15of the Senate, chosen to ensure diverse geographic
16representation:
17        (1) two members representing trade associations
18    representing companies active in the clean energy
19    industries;
20        (2) two members representing a labor union;
21        (3) one member who has participated in the workforce
22    development programs created under this Act;
23        (4) two members representing higher education;
24        (5) two members representing economic development
25    organizations;

 

 

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1        (6) two members representing local workforce
2    innovation boards;
3        (7) two residents of environmental justice
4    communities;
5        (8) three members from community-based organizations
6    in environmental justice communities and community-based
7    organizations serving low-income persons and families;
8        (9) two members who are policy or implementation
9    experts on small business development, contractor
10    incubation, or small business lending and financing needs;
11        (10) two members who are policy or implementation
12    experts on workforce development for populations and
13    individuals such as low-income persons and families,
14    environmental justice communities, BIPOC communities,
15    formerly convicted persons, persons who are or were in the
16    child welfare system, energy workers, gender nonconforming
17    and transgender individuals, and youth; and
18        (11) two representatives of clean energy businesses,
19    nonprofit organizations, or other groups that provide
20    clean energy.
21    The President of the Senate, the Minority Leader of the
22Senate, the Speaker of the House of Representatives, and the
23Minority Leader of the House of Representatives shall each
24appoint 2 nonvoting members of the Council.
25    (c) The Council shall:
26        (1) coordinate and inform on worker and contractor

 

 

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1    support priorities beyond current federal, State, local,
2    and private programs and resources;
3        (2) advise and produce recommendations for further
4    federal, State, and local programs and activities;
5        (3) fulfill other duties determined by the Council to
6    further the success of the Workforce Hubs, Incubators, and
7    Returning Residents Programs;
8        (4) review program performance metrics;
9        (5) provide recommendations to the Department on the
10    administration of the following programs:
11            (i) the Clean Jobs Workforce Network Program;
12            (ii) the Illinois Climate Works Preapprenticeship
13        Program;
14            (iii) the Clean Energy Contractor Incubator
15        Program;
16            (iv) the Returning Residents Clean Jobs Training
17        Program; and
18            (v) the Clean Energy Primes Contractor Accelerator
19        Program;
20        (6) recommend outreach opportunities to ensure that
21    program contracting, training, and other opportunities are
22    widely publicized;
23        (7) participate in independent program evaluations;
24    and
25        (8) assist the Department by providing insight into
26    how relevant State, local, and federal programs are viewed

 

 

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1    by residents, businesses, and institutions within their
2    respective communities.
3    (d) The Council shall conduct its first meeting within 30
4days after all members have been appointed. The Council shall
5meet quarterly after its first meeting. Additional hearings
6and public meetings are permitted at the discretion of the
7members. The Council may meet in person or through video or
8audio conference. Meeting times may be varied to accommodate
9Council member schedules.
10    (e) Members shall serve without compensation and shall be
11reimbursed for reasonable expenses incurred in the performance
12of their duties from funds appropriated for that purpose.
 
13    Section 5-90. Repealer. This Act is repealed 24 years
14after the effective date of this Act.
 
15    Section 5-95. The Illinois Finance Authority Act is
16amended by changing Sections 801-1, 801-5, 801-10, and 801-40
17and adding Article 850 as follows:
 
18    (20 ILCS 3501/801-1)
19    Sec. 801-1. Short Title. Articles 801 through 850 845 of
20this Act may be cited as the Illinois Finance Authority Act.
21References to "this Act" in Articles 801 through 850 845 are
22references to the Illinois Finance Authority Act.
23(Source: P.A. 95-331, eff. 8-21-07.)
 

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

SB2408 Enrolled- 85 -LRB102 11366 BMS 16699 b

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

 

 

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

 

 

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1is substantially free (90% or more) of carbon dioxide
2emissions by design or operations, or that otherwise
3contributes to the reduction in emissions of environmentally
4hazardous materials or reduces the volume of environmentally
5dangerous materials.
6    (mm) The term "clean energy project" means the
7acquisition, construction, refurbishment, creation,
8development or redevelopment of any facility, equipment,
9machinery, real property, or personal property for use by the
10State or any unit of local government, school district, agency
11or instrumentality, office, department, division, bureau,
12commission, college, or university of the State, for use by
13any person or institution, public or private, for profit or
14not for profit, or for use in any trade or business, which the
15Authority determines will aid, assist, or encourage the
16development or implementation of clean energy in the State, or
17as otherwise contemplated by Article 850.
18    (nn) The term "Climate Bank" means the Authority in the
19exercise of those powers conferred on it by this Act related to
20clean energy or clean water, drinking water, or wastewater
21treatment.
22    (oo) "equity investment eligible community" and "eligible
23community" mean the geographic areas throughout Illinois that
24would most benefit from equitable investments by the State
25designed to combat discrimination. Specifically, the eligible
26communities shall be defined as the following areas:

 

 

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1        (1) R3 Areas as established pursuant to Section 10-40
2    of the Cannabis Regulation and Tax Act, where residents
3    have historically been excluded from economic
4    opportunities, including opportunities in the energy
5    sector; and
6        (2) Environmental justice communities, as defined by
7    the Illinois Power Agency pursuant to the Illinois Power
8    Agency Act, where residents have historically been subject
9    to disproportionate burdens of pollution, including
10    pollution from the energy sector.
11    (pp) "Equity investment eligible person" and "eligible
12person" mean the persons who would most benefit from equitable
13investments by the State designed to combat discrimination.
14Specifically, eligible persons means the following people:
15        (1) persons whose primary residence is in an equity
16    investment eligible community;
17        (2) persons who are graduates of or currently enrolled
18    in the foster care system; or
19        (3) persons who were formerly incarcerated.
20    (qq) "Environmental justice community" means the
21definition of that term based on existing methodologies and
22findings used and as may be updated by the Illinois Power
23Agency and its program administrator in the Illinois Solar for
24All Program.
25(Source: P.A. 100-919, eff. 8-17-18; 101-610, eff. 1-1-20.)
 

 

 

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1    (20 ILCS 3501/801-40)
2    Sec. 801-40. In addition to the powers otherwise
3authorized by law and in addition to the foregoing general
4corporate powers, the Authority shall also have the following
5additional specific powers to be exercised in furtherance of
6the purposes of this Act.
7    (a) The Authority shall have power (i) to accept grants,
8loans or appropriations from the federal government or the
9State, or any agency or instrumentality thereof, or, in the
10case of clean energy projects, any not-for-profit
11philanthropic or other charitable organization, public or
12private, to be used for the operating expenses of the
13Authority, or for any purposes of the Authority, including the
14making of direct loans of such funds with respect to projects,
15and (ii) to enter into any agreement with the federal
16government or the State, or any agency or instrumentality
17thereof, in relationship to such grants, loans or
18appropriations.
19    (b) The Authority shall have power to procure and enter
20into contracts for any type of insurance and indemnity
21agreements covering loss or damage to property from any cause,
22including loss of use and occupancy, or covering any other
23insurable risk.
24    (c) The Authority shall have the continuing power to issue
25bonds for its corporate purposes. Bonds may be issued by the
26Authority in one or more series and may provide for the payment

 

 

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

 

 

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

 

 

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1as the bond resolution shall provide. The Authority may grant
2a specific pledge or assignment of and lien on or security
3interest in such rights, revenues, income, or amounts and may
4grant a specific pledge or assignment of and lien on or
5security interest in any reserves, funds or accounts
6established in the resolution authorizing the issuance of
7bonds. Any such pledge, assignment, lien or security interest
8for the benefit of the holders of the Authority's bonds shall
9be valid and binding from the time the bonds are issued without
10any physical delivery or further act, and shall be valid and
11binding as against and prior to the claims of all other parties
12having claims against the Authority or any other person
13irrespective of whether the other parties have notice of the
14pledge, assignment, lien or security interest. As evidence of
15such pledge, assignment, lien and security interest, the
16Authority may execute and deliver a mortgage, trust agreement,
17indenture or security agreement or an assignment thereof. A
18remedy for any breach or default of the terms of any such
19agreement by the Authority may be by mandamus proceedings in
20any court of competent jurisdiction to compel the performance
21and compliance therewith, but the agreement may prescribe by
22whom or on whose behalf such action may be instituted. It is
23expressly understood that the Authority may, but need not,
24acquire title to any project with respect to which it
25exercises its authority.
26    (d) With respect to the powers granted by this Act, the

 

 

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1Authority may adopt rules and regulations prescribing the
2procedures by which persons may apply for assistance under
3this Act. Nothing herein shall be deemed to preclude the
4Authority, prior to the filing of any formal application, from
5conducting preliminary discussions and investigations with
6respect to the subject matter of any prospective application.
7    (e) The Authority shall have power to acquire by purchase,
8lease, gift or otherwise any property or rights therein from
9any person useful for its purposes, whether improved for the
10purposes of any prospective project, or unimproved. The
11Authority may also accept any donation of funds for its
12purposes from any such source. The Authority shall have no
13independent power of condemnation but may acquire any property
14or rights therein obtained upon condemnation by any other
15authority, governmental entity or unit of local government
16with such power.
17    (f) The Authority shall have power to develop, construct
18and improve either under its own direction, or through
19collaboration with any approved applicant, or to acquire
20through purchase or otherwise, any project, using for such
21purpose the proceeds derived from the sale of its bonds or from
22governmental loans or grants, and to hold title in the name of
23the Authority to such projects.
24    (g) The Authority shall have power to lease pursuant to a
25lease agreement any project so developed and constructed or
26acquired to the approved tenant on such terms and conditions

 

 

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

 

 

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1construction funds, debt service and other funds as provided
2by any resolution, mortgage or trust agreement of the
3Authority pursuant to which any bond is issued.
4    (h) The Authority has the power, upon the termination of
5any leasehold period of any project, to sell or lease for a
6further term or terms such project on such terms and
7conditions as the Authority shall deem reasonable and
8consistent with the purposes of the Act. The net proceeds from
9all such sales and the revenues or income from such leases
10shall be used to satisfy any indebtedness of the Authority
11with respect to such project and any balance may be used to pay
12any expenses of the Authority or be used for the further
13development, construction, acquisition or improvement of
14projects. In the event any project is vacated by a tenant prior
15to the termination of the initial leasehold period, the
16Authority shall sell or lease the facilities of the project on
17the most advantageous terms available. The net proceeds of any
18such disposition shall be treated in the same manner as the
19proceeds from sales or the revenues or income from leases
20subsequent to the termination of any initial leasehold period.
21    (i) The Authority shall have the power to make loans, or to
22purchase loan participations in loans made, to persons to
23finance a project, to enter into loan agreements or agreements
24with participating lenders with respect thereto, and to accept
25guarantees from persons of its loans or the resultant
26evidences of obligations of the Authority.

 

 

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1    (j) The Authority may fix, determine, charge and collect
2any premiums, fees, charges, costs and expenses, including,
3without limitation, any application fees, commitment fees,
4program fees, financing charges or publication fees from any
5person in connection with its activities under this Act.
6    (k) In addition to the funds established as provided
7herein, the Authority shall have the power to create and
8establish such reserve funds and accounts as may be necessary
9or desirable to accomplish its purposes under this Act and to
10deposit its available monies into the funds and accounts.
11    (l) At the request of the governing body of any unit of
12local government, the Authority is authorized to market such
13local government's revenue bond offerings by preparing bond
14issues for sale, advertising for sealed bids, receiving bids
15at its offices, making the award to the bidder that offers the
16most favorable terms or arranging for negotiated placements or
17underwritings of such securities. The Authority may, at its
18discretion, offer for concurrent sale the revenue bonds of
19several local governments. Sales by the Authority of revenue
20bonds under this Section shall in no way imply State guarantee
21of such debt issue. The Authority may require such financial
22information from participating local governments as it deems
23necessary in order to carry out the purposes of this
24subsection (1).
25    (m) The Authority may make grants to any county to which
26Division 5-37 of the Counties Code is applicable to assist in

 

 

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

 

 

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

 

 

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1limitations provided in this subsection.
2    (p) The Authority may award grants to universities and
3research institutions, research consortiums and other
4not-for-profit entities for the purposes of: remodeling or
5otherwise physically altering existing laboratory or research
6facilities, expansion or physical additions to existing
7laboratory or research facilities, construction of new
8laboratory or research facilities or acquisition of modern
9equipment to support laboratory or research operations
10provided that such grants (i) be used solely in support of
11project and equipment acquisitions which enhance technology
12transfer, and (ii) not constitute more than 60 percent of the
13total project or acquisition cost.
14    (q) Grants may be awarded by the Authority to units of
15local government for the purpose of developing the appropriate
16infrastructure or defraying other costs to the local
17government in support of laboratory or research facilities
18provided that such grants may not exceed 40% of the cost to the
19unit of local government.
20    (r) In addition to the powers granted to the Authority
21under subsection (i), and in all cases supplemental to it, the
22Authority may establish a direct loan program to make loans
23to, or may purchase participations in loans made by
24participating lenders to, individuals, partnerships,
25corporations, or other business entities for the purpose of
26financing an industrial project, as defined in Section 801-10

 

 

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1of this Act. For the purposes of such program and not by way of
2limitation on any other program of the Authority, including,
3without limitation, programs established under subsection (i),
4the Authority shall have the power to issue bonds, notes, or
5other evidences of indebtedness including commercial paper for
6purposes of providing a fund of capital from which it may make
7such loans. The Authority shall have the power to use any
8appropriations from the State made especially for the
9Authority's direct loan program, or moneys at any time held by
10the Authority under this Act outside the State treasury in the
11custody of either the Treasurer of the Authority or a trustee
12or depository appointed by the Authority, for additional
13capital to make such loans or purchase such loan
14participations, or for the purposes of reserve funds or
15pledged funds which secure the Authority's obligations of
16repayment of any bond, note or other form of indebtedness
17established for the purpose of providing capital for which it
18intends to make such loans or purchase such loan
19participations. For the purpose of obtaining such capital, the
20Authority may also enter into agreements with financial
21institutions, participating lenders, and other persons for the
22purpose of administering a loan participation program, selling
23loans or developing a secondary market for such loans or loan
24participations. Loans made under the direct loan program
25specifically established under this subsection (r), including
26loans under such program made by participating lenders in

 

 

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1which the Authority purchases a participation, may be in an
2amount not to exceed $600,000 and shall be made for a portion
3of an industrial project which does not exceed 50% of the total
4project. No loan may be made by the Authority unless approved
5by the affirmative vote of at least 8 members of the board. The
6Authority shall establish procedures and publish rules which
7shall provide for the submission, review, and analysis of each
8direct loan and loan participation application and which shall
9preserve the ability of each board member and the Executive
10Director, as applicable, to reach an individual business
11judgment regarding the propriety of each direct loan or loan
12participation. The collective discretion of the board to
13approve or disapprove each loan shall be unencumbered. The
14Authority may establish and collect such fees and charges,
15determine and enforce such terms and conditions, and charge
16such interest rates as it determines to be necessary and
17appropriate to the successful administration of the direct
18loan program, including purchasing loan participations. The
19Authority may require such interests in collateral and such
20guarantees as it determines are necessary to protect the
21Authority's interest in the repayment of the principal and
22interest of each loan and loan participation made under the
23direct loan program. The restrictions established under this
24subsection (r) shall not be applicable to any loan or loan
25participation made under subsection (i) or to any loan or loan
26participation made under any other Section of this Act.

 

 

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1    (s) The Authority may guarantee private loans to third
2parties up to a specified dollar amount in order to promote
3economic development in this State.
4    (t) The Authority may adopt rules and regulations as may
5be necessary or advisable to implement the powers conferred by
6this Act.
7    (u) The Authority shall have the power to issue bonds,
8notes or other evidences of indebtedness, which may be used to
9make loans to units of local government which are authorized
10to enter into loan agreements and other documents and to issue
11bonds, notes and other evidences of indebtedness for the
12purpose of financing the protection of storm sewer outfalls,
13the construction of adequate storm sewer outfalls, and the
14provision for flood protection of sanitary sewage treatment
15plans, in counties that have established a stormwater
16management planning committee in accordance with Section
175-1062 of the Counties Code. Any such loan shall be made by the
18Authority pursuant to the provisions of Section 820-5 to
19820-60 of this Act. The unit of local government shall pay back
20to the Authority the principal amount of the loan, plus annual
21interest as determined by the Authority. The Authority shall
22have the power, subject to appropriations by the General
23Assembly, to subsidize or buy down a portion of the interest on
24such loans, up to 4% per annum.
25    (v) The Authority may accept security interests as
26provided in Sections 11-3 and 11-3.3 of the Illinois Public

 

 

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1Aid Code.
2    (w) Moral Obligation. In the event that the Authority
3determines that monies of the Authority will not be sufficient
4for the payment of the principal of and interest on its bonds
5during the next State fiscal year, the Chairperson, as soon as
6practicable, shall certify to the Governor the amount required
7by the Authority to enable it to pay such principal of and
8interest on the bonds. The Governor shall submit the amount so
9certified to the General Assembly as soon as practicable, but
10no later than the end of the current State fiscal year. This
11subsection shall apply only to any bonds or notes as to which
12the Authority shall have determined, in the resolution
13authorizing the issuance of the bonds or notes, that this
14subsection shall apply. Whenever the Authority makes such a
15determination, that fact shall be plainly stated on the face
16of the bonds or notes and that fact shall also be reported to
17the Governor. In the event of a withdrawal of moneys from a
18reserve fund established with respect to any issue or issues
19of bonds of the Authority to pay principal or interest on those
20bonds, the Chairperson of the Authority, as soon as
21practicable, shall certify to the Governor the amount required
22to restore the reserve fund to the level required in the
23resolution or indenture securing those bonds. The Governor
24shall submit the amount so certified to the General Assembly
25as soon as practicable, but no later than the end of the
26current State fiscal year. The Authority shall obtain written

 

 

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1approval from the Governor for any bonds and notes to be issued
2under this Section. In addition to any other bonds authorized
3to be issued under Sections 825-60, 825-65(e), 830-25 and
4845-5, the principal amount of Authority bonds outstanding
5issued under this Section 801-40(w) or under 20 ILCS 3850/1-80
6or 30 ILCS 360/2-6(c), which have been assumed by the
7Authority, shall not exceed $150,000,000. This subsection (w)
8shall in no way be applied to any bonds issued by the Authority
9on behalf of the Illinois Power Agency under Section 825-90 of
10this Act.
11    (x) The Authority may enter into agreements or contracts
12with any person necessary or appropriate to place the payment
13obligations of the Authority under any of its bonds in whole or
14in part on any interest rate basis, cash flow basis, or other
15basis desired by the Authority, including without limitation
16agreements or contracts commonly known as "interest rate swap
17agreements", "forward payment conversion agreements", and
18"futures", or agreements or contracts to exchange cash flows
19or a series of payments, or agreements or contracts, including
20without limitation agreements or contracts commonly known as
21"options", "puts", or "calls", to hedge payment, rate spread,
22or similar exposure; provided that any such agreement or
23contract shall not constitute an obligation for borrowed money
24and shall not be taken into account under Section 845-5 of this
25Act or any other debt limit of the Authority or the State of
26Illinois.

 

 

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1    (y) The Authority shall publish summaries of projects and
2actions approved by the members of the Authority on its
3website. These summaries shall include, but not be limited to,
4information regarding the:
5        (1) project;
6        (2) Board's action or actions;
7        (3) purpose of the project;
8        (4) Authority's program and contribution;
9        (5) volume cap;
10        (6) jobs retained;
11        (7) projected new jobs;
12        (8) construction jobs created;
13        (9) estimated sources and uses of funds;
14        (10) financing summary;
15        (11) project summary;
16        (12) business summary;
17        (13) ownership or economic disclosure statement;
18        (14) professional and financial information;
19        (15) service area; and
20        (16) legislative district.
21    The disclosure of information pursuant to this subsection
22shall comply with the Freedom of Information Act.
23    (z) Consistent with the findings and declaration of policy
24set forth in item (j) of Section 801-5 of this Act, the
25Authority shall have the power to make loans to the Police
26Officers' Pension Investment Fund authorized by Section

 

 

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122B-120 of the Illinois Pension Code and to make loans to the
2Firefighters' Pension Investment Fund authorized by Section
322C-120 of the Illinois Pension Code. Notwithstanding anything
4in this Act to the contrary, loans authorized by Section
522B-120 and Section 22C-120 of the Illinois Pension Code may
6be made from any of the Authority's funds, including, but not
7limited to, funds in its Illinois Housing Partnership Program
8Fund, its Industrial Project Insurance Fund, or its Illinois
9Venture Investment Fund.
10(Source: P.A. 100-919, eff. 8-17-18; 101-610, eff. 1-1-20.)
 
11    (20 ILCS 3501/Art. 850 heading new)
12
ARTICLE 850
13
GENERAL PROVISIONS

 
14    (20 ILCS 3501/850-5 new)
15    Sec. 850-5. Climate Bank. The General Assembly designates
16the Authority as the Climate Bank to aid in all respects with
17providing financial assistance, programs, and products to
18finance and otherwise develop and facilitate opportunities to
19develop clean energy and provide clean water, drinking water,
20and wastewater treatment in the State. Nothing in this Section
21shall be deemed to supersede powers and regulatory duties
22conferred to other State agencies or governmental units.
 
23    (20 ILCS 3501/850-10 new)

 

 

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1    Sec. 850-10. Powers and duties.
2    (a) The Authority shall have the powers enumerated in this
3Act to assist in the development and implementation of clean
4energy in the State. The powers enumerated in this Article
5shall be in addition to all other powers of the Authority
6conferred in this Act, including those related to clean energy
7and the provision of clean water, drinking water, and
8wastewater treatment. The powers of the Authority to issue
9bonds, notes, and other obligations to finance loans
10administered by the Illinois Environmental Protection Agency
11under the Public Water Supply Loan Program or the Water
12Pollution Control Loan Program or other similar programs shall
13not be limited or otherwise affected by this amendatory Act of
14the 102nd General Assembly.
15    (b) In its role as the Climate Bank of the State, the
16Authority shall have the power to: (i) administer programs and
17funds appropriated by the General Assembly for clean energy
18projects in eligible communities and environmental justice
19communities or owned by eligible persons, (ii) support
20investment in the clean energy and clean water, drinking
21water, and wastewater treatment, (iii) support and otherwise
22promote investment in clean energy projects to foster the
23growth, development, and commercialization of clean energy
24projects and related enterprises, and (iv) stimulate demand
25for clean energy and the development of clean energy projects.
26    (c) In addition to, and not in limitation of, any other

 

 

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1power of the Authority set forth in this Section or any other
2provisions of the general statutes, the Authority shall have
3and may exercise the following powers in furtherance of or in
4carrying out its clean energy powers and purposes:
5        (1) To enter into joint ventures and invest in and
6    participate with any person, including, without
7    limitation, government entities and private corporations,
8    engaged primarily in the development of clean energy
9    projects, provided that members of the Authority or
10    officers may serve as directors, members, or officers of
11    any such business entity, and such service shall be deemed
12    to be in the discharge of the duties or within the scope of
13    the employment of any such member or officer, or Authority
14    or officers, as the case may be, so long as such member or
15    officer does not receive any compensation or direct or
16    indirect financial benefit as a result of serving in such
17    role.
18        (2) To utilize funding sources, including, but not
19    limited to:
20            (A) funds repurposed from existing programs
21        providing financing support for clean energy projects,
22        provided any transfer of funds from such existing
23        programs shall be subject to approval by the General
24        Assembly and shall be used for expenses of financing,
25        grants, and loans;
26            (B) any federal funds that can be used for clean

 

 

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1        energy purposes;
2            (C) charitable gifts, grants, and contributions as
3        well as loans from individuals, corporations,
4        university endowment funds, and philanthropic
5        foundations for clean energy projects or for the
6        provision of clean water, drinking water, and
7        wastewater treatment; and
8            (D) earnings and interest derived from financing
9        support activities for clean energy projects financed
10        by the Authority.
11        (3) To enter into contracts with private sources to
12    raise capital.
13    (d) The Authority may finance working capital, refinance
14outstanding indebtedness of any person, and otherwise assist
15in the investment of equity from any source, public or
16private, in connection with clean energy projects or any other
17projects authorized by this Act.
18    (e) The Authority may assess reasonable fees on its
19financing activities to cover its reasonable costs and
20expenses, as determined by the Authority.
21    (f) The Authority shall make information regarding the
22rates, terms and conditions for all of its financing support
23transactions available to the public for inspection, including
24formal annual reviews by both a private auditor and the
25Comptroller, and providing details to the public on the
26Internet, provided public disclosure shall be restricted for

 

 

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1patentable ideas, trade secrets, and proprietary or
2confidential commercial or financial information, disclosure
3of which may cause commercial harm to a nongovernmental
4recipient of such financing support and for other information
5exempt from public records disclosure pursuant to Section
61-210.
 
7    (20 ILCS 3501/850-15 new)
8    Sec. 850-15. Purposes; Climate Bank. In its role as the
9Climate Bank for the State, the Authority shall consider the
10following purposes:
11        (1) the distribution of the benefits of clean energy
12    in an equitable manner, including by evaluating benefits
13    to eligible communities and equity investment eligible
14    persons;
15        (2) making clean energy accessible to all, especially
16    eligible persons, through financing opportunities and
17    grants for minority-owned businesses, as defined in the
18    Business Enterprise for Minorities, Women, and Persons
19    with Disabilities Act, and for low-income communities,
20    eligible communities, environmental justice communities,
21    and the businesses that serve these communities; and
22        (3) accelerating the investment of private capital
23    into clean energy projects in a manner reflective of the
24    geographic, racial, ethnic, gender, and income-level
25    diversity of the State.
 

 

 

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1
Article 10. Energy Community Reinvestment Act

 
2    Section 10-1. Short title. This Article may be cited as
3the Energy Community Reinvestment Act. References in this
4Article to "this Act" mean this Article.
 
5    Section 10-5. Findings. The General Assembly finds that,
6as part of putting Illinois on a path to 100% renewable energy,
7the State of Illinois should ensure a just transition to that
8goal, providing support for the transition of Illinois'
9communities and workers impacted by closures or reduced use of
10fossil fuel power plants, nuclear power plants, or coal mines
11by allocating new economic development resources for business
12tax incentives, workforce training, site clean-up and reuse,
13and local tax revenue replacement.
14    The General Assembly finds and declares that the health,
15safety, and welfare of the people of this State are dependent
16upon a healthy economy and vibrant communities; that the
17closure of fossil fuel power plants, nuclear power plants, and
18coal mines across this State have a significant impact on
19their surrounding communities; that the expansion of renewable
20energy creates job growth and contributes to the health,
21safety, and welfare of the people of this State; that the
22continual encouragement, development, growth, and expansion of
23renewable energy within this State requires a cooperative and

 

 

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1continuous partnership between government and the renewable
2energy sector; and that there are certain areas in this State
3that have lost, or will lose, jobs due to the closure of fossil
4fuel power plants, nuclear power plants, and coal mines and
5need the particular attention of government, labor, and the
6residents of Illinois to help attract new investment into
7these areas and directly aid the local community and its
8residents.
9    Therefore, it is declared to be the purpose of this Act to
10explore ways of stimulating the growth of new private
11investment, including renewable energy investment, in this
12State and to foster job growth in areas impacted by the closure
13of coal energy plants, coal mines, and nuclear energy plants.
 
14    Section 10-10. Definitions. As used in this Act, unless
15the context otherwise requires:
16    "Agencies" or "State agencies" has the same meaning as
17"State agencies" under Section 1-7 of the Illinois State
18Auditing Act.
19    "Commission" means the Energy Transition Workforce
20Commission created in Section 10-15.
21    "Department" means the Department of Commerce and Economic
22Opportunity.
23    "Displaced energy worker" means an energy worker who has
24lost employment, or is anticipated by the Department to lose
25employment within the next 5 years, due to the reduced

 

 

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1operation or closure of a fossil fuel power plant, nuclear
2power plant, or coal mine.
3    "Energy worker" means a person who has been employed
4full-time for a period of one year or longer, and within the
5previous 5 years, at a fossil fuel power plant, a nuclear power
6plant, or a coal mine located within the State of Illinois,
7whether or not they are employed by the owner of the power
8plant or mine. Energy workers are considered to be full-time
9if they work at least 35 hours per week for 45 weeks a year or
10the 1,820 work-hour equivalent with vacations, paid holidays,
11and sick time, but not overtime, included in this computation.
12Classification of an individual as an energy worker continues
13for 5 years from the latest date of employment or the effective
14date of this Act, whichever is later.
15    "Environmental justice communities" shall have the meaning
16set forth in Section 1-56 of the Illinois Power Agency Act and
17the most recent Commission-approved long-term renewable
18resources procurement plan of the Illinois Power Agency.
19    "Investor-owned electric generating plant" means an
20electric generating unit or fossil fuel-fired unit that has a
21nameplate capacity or serves a generator that has a nameplate
22capacity greater than 25Mwe and that produces electricity,
23including, but not limited to, coal-fired, coal-derived,
24oil-fired, natural gas-fired, and cogeneration units.
25    "Local labor market area" means an economically integrated
26area within which individuals reside and find employment

 

 

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1within a reasonable distance of their places of residence or
2can readily change jobs without changing their places of
3residence.
4    "Low-income" means persons and families whose income does
5not exceed 80% of area median income, adjusted for family size
6and revised every 2 years.
7    "Renewable energy enterprise" means a company that is
8engaged in the production, manufacturing, distribution, or
9development of renewable energy resources and associated
10technologies.
11    "Renewable energy project" means a project conducted by a
12renewable energy enterprise for the purpose of generating
13renewable energy resources or energy storage.
14    "Renewable energy resources" has the meaning set forth in
15Section 1-10 of the Illinois Power Agency Act.
16    "Rule" has the meaning set forth in Section 1-70 of the
17Illinois Administrative Procedure Act.
 
18    Section 10-15. Energy Transition Workforce Commission.
19    (a) The Energy Transition Workforce Commission is hereby
20created within the Department of Commerce and Economic
21Opportunity.
22    (b) The Commission shall consist of the following members:
23        (1) the Director of Commerce and Economic Opportunity;
24        (2) the Director of Labor, or his or her designee, who
25    shall serve as chairperson;

 

 

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1        (3) 5 members appointed by the Governor, with the
2    advice and consent of the Senate, of which at least one
3    shall be a representative of a local labor organization,
4    at least one shall be a resident of an environmental
5    justice community, at least one shall be a representative
6    of a national labor organization, and at least one shall
7    be a representative of the administrator of workforce
8    training programs created by this Act. Designees shall be
9    appointed within 60 days after a vacancy; and
10        (4) the 3 Regional Administrators selected under
11    Section 5-15 of the Energy Transition Act.
12    (c) Members of the Commission shall serve without
13compensation, but may be reimbursed for necessary expenses
14incurred in the performance of their duties from funds
15appropriated for that purpose. The Department of Commerce and
16Economic Opportunity shall provide administrative support to
17the Commission.
18    (d) Within 240 days after the effective date of this Act,
19and in consultation with the Department of Revenue and the
20Environmental Protection Agency, the Commission shall produce
21an Energy Transition Workforce Report regarding the
22anticipated impact of the energy transition and a
23comprehensive set of recommendations to address changes to the
24Illinois workforce during the period of 2020 through 2050, or
25a later year. The report shall contain the following elements,
26designed to be used for the programs created in this Act:

 

 

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1        (1) Information related to the impact on current
2    workers, including:
3            (A) a comprehensive accounting of all employees
4        who currently work in fossil fuel energy generation,
5        nuclear energy generation, and coal mining in the
6        State; upon receipt of the employee's written
7        authorization for the employer's release of such
8        information to the Commission, this shall include
9        information on their location, employer, salary
10        ranges, full-time or part-time status, nature of their
11        work, educational attainment, union status, and other
12        factors the Commission finds relevant;
13            (B) the anticipated schedule of closures of fossil
14        fuel power plants, nuclear power plants, and coal
15        mines across the State; when information is
16        unavailable to provide exact data, the report shall
17        include approximations based upon the best available
18        information; and
19            (C) an estimate of worker impacts due to scheduled
20        closures, including layoffs, early retirements, salary
21        changes, and other factors the Commission finds
22        relevant.
23        (2) Information regarding impact on communities and
24    local governments, including:
25            (A) changes in the revenue for units of local
26        government in areas that currently or recently have

 

 

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1        had a closure or reduction in operation of a fossil
2        fuel power plant, nuclear power plant, coal mine, or
3        related industry;
4            (B) environmental impacts in areas that currently
5        or recently have had fossil fuel power plants, coal
6        mines, nuclear power plants, or related industry; and
7            (C) economic impacts of the energy transition,
8        including, but not limited to, the supply chain
9        impacts of the energy transition shift toward new
10        energy sources across the State.
11        (3) Information on emerging industries and State
12    economic development opportunities in regions that have
13    historically been the site of fossil fuel power plants,
14    nuclear power plants, or coal mining.
15    (e) The Department shall periodically review its findings
16in the developed reports and make modifications to the report
17and programs based on new findings. The Department shall
18conduct a comprehensive reevaluation of the report, and
19publish a modified version, on each of the following years
20following initial publication: 2023; 2027; 2030; 2035; 2040;
21and any year thereafter which the Department determines is
22necessary or prudent.
 
23    Section 10-20. Energy Transition Community Grants.
24    (a) Subject to appropriation, the Department shall
25establish an Energy Transition Community Grant Program to

 

 

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

 

 

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

 

 

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1    (j) Units of local government that are taxing authorities
2for a nuclear plant that was decommissioned before January 1,
32021 shall receive grants in proportional shares of $15 per
4kilogram of spent nuclear fuel stored at such a facility, less
5any payments made to such communities from the federal
6government based on the amount of waste stored at a
7decommissioned nuclear plant and any property tax payments.
 
8    Section 10-25. Displaced Energy Workers Bill of Rights.
9    (a) The Department, in collaboration with the Department
10of Employment Security, shall have the authority to implement
11the Displaced Energy Workers Bill of Rights, and shall be
12responsible for the implementation of the Displaced Energy
13Workers Bill of Rights programs and rights created under this
14Section. For purposes of this Section, "closure" means the
15permanent shutdown of an electric generating unit or coal
16mine. The Department shall provide the following benefits to
17displaced energy workers listed in paragraphs (1) through (4)
18of this subsection:
19        (1) Advance notice of power plant or coal mine
20    closure.
21            (A) The Department shall notify all energy workers
22        of the upcoming closure of any qualifying facility as
23        far in advance of the scheduled closing date as it can.
24        The Department shall engage the employer and energy
25        workers no later than within 30 days of a closure or

 

 

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1        deactivation notice being filed by the plant owner to
2        the Regional Transmission Organization of
3        jurisdiction, within 30 days of the announced closure
4        of a coal mine, within 30 days of a WARN notice being
5        filed with the Department, or within 30 days of an
6        announcement or requirement of cessation of operations
7        of a plant or mine from another authoritative source,
8        whichever is first.
9            (B) In providing the advance notice described in
10        this paragraph (1), the Department shall take
11        reasonable steps to ensure that all displaced energy
12        workers are educated on the various programs available
13        through the Department to assist with the energy
14        transition.
15        (2) Education on programs. The Department shall take
16    reasonable steps to ensure that all displaced energy
17    workers are educated on the various programs available
18    through the Department to assist with the energy
19    transition, including, but not limited to, the Illinois
20    Dislocated Worker and Rapid Response programs. The
21    Department will develop an outreach strategy, workforce
22    toolkit and quick action plan to deploy when closures are
23    announced. This strategy will include identifying any
24    additional resources that may be needed to aid worker
25    transitions that would require contracting services.
26        (3) The Department shall provide information and

 

 

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1    consultation to displaced energy workers on various
2    employment and educational opportunities available to
3    them, supportive services, and advise workers on which
4    opportunities meet their skills, needs, and preferences.
5            (A) Available services will include reemployment
6        services, training services, work-based learning
7        services, and financial and retirement planning
8        support.
9            (B) The Department will provide skills matching as
10        part of career counseling services to enable
11        assessment of the displaced energy worker's skills and
12        map those skills to emerging occupations in the region
13        or nationally, or both, depending on the displaced
14        worker's preferences.
15            (C) For energy workers who may be interested in
16        entrepreneurial pursuits, the Department will connect
17        these individuals with their area Small Business
18        Development Center, procurement technical assistance
19        centers, and economic development organization to
20        engage in services, including, but not limited to,
21        business consulting, business planning, regulatory
22        compliance, marketing, training, accessing capital,
23        and government bid certification assistance.
24        (4) Financial planning services. Displaced energy
25    workers shall be entitled to services as described in the
26    energy worker programs in this subsection, including

 

 

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1    financial planning services.
2    (b) Plant owners and the owners of coal mines located in
3Illinois shall be required to comply with the requirements set
4out in this subsection (b). The owners shall be required to
5take the following actions:
6        (1) Provide written notice of deactivation or closure
7    filing with the Regional Transmission Organization of
8    jurisdiction to the Department within 48 hours, if
9    applicable.
10        (2) Provide employment information for energy workers;
11    90 days prior to the closure of an electric generating
12    unit or mine, the owners of the power plant or mine shall
13    provide energy workers information on whether there are
14    employment opportunities provided by their employer.
15        (3) Annually report to the Department on announced
16    closures of qualifying facilities. The report must include
17    information on expected closure date, number of employees,
18    planning processes, services offered for employees (such
19    as training opportunities) leading up to the closure,
20    efforts made to retain employees through other employment
21    opportunities within the company, and any other
22    information that the Department requires in order to
23    implement this Section.
24        (4) Ninety days prior to closure date, provide a final
25    closure report to the Department that includes expected
26    closure date, number of employees and salaries, transition

 

 

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1    support the company is providing to employee and
2    timelines, including assistance for training
3    opportunities, transportation support or child care
4    resources to attend training, career counseling, resume
5    support, and others. The closure report will be made
6    available to the chief elected official of each municipal
7    and county government within which the employment loss,
8    relocation, or mass layoff occurs. It shall not be made
9    publicly available.
10        (5) Ninety days prior to closure date, provide job
11    descriptions for each employee at the plant or mine to the
12    Department and the entity providing career and training
13    counseling.
14        (6) Ninety days prior to closure date, make available
15    to the Department and the entity providing career and
16    training counseling any industry-related certifications
17    and on-the-job training the employee earned to allow union
18    training programs, community colleges, or other
19    certification programs to award credit for life
20    experiences in order to reduce the amount of time to
21    complete training, certificates, or degrees for the
22    dislocated employee.
 
23    Section 10-30. Displaced Energy Worker Dependent
24Transition Scholarship.
25    (a) Subject to appropriation, the benefits of this Section

 

 

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1shall be administered by and paid for out of funds made
2available to the Illinois Student Assistance Commission.
3    (b) Any natural child, legally adopted child, or stepchild
4of an eligible displaced energy worker who possesses all
5necessary entrance requirements shall, upon application and
6proper proof, be awarded a transition scholarship consisting
7of the equivalent of one calendar year of full-time
8enrollment, including summer terms, to the State-supported
9Illinois institution of higher learning of his or her choice.
10    (c) As used in this Section, "eligible displaced energy
11worker" means an energy worker who has lost employment due to
12the reduced operation or closure of a fossil fuel power plant
13or coal mine.
14    (d) Full-time enrollment means 12 or more semester hours
15of courses per semester, or 12 or more quarter hours of courses
16per quarter, or the equivalent thereof per term. Scholarships
17utilized by dependents enrolled in less than full-time study
18shall be computed in the proportion which the number of hours
19so carried bears to full-time enrollment.
20    (e) Scholarships awarded under this Section may be used by
21a child without regard to his or her age. The holder of a
22Scholarship awarded under this Section shall be subject to all
23examinations and academic standards, including the maintenance
24of minimum grade levels, that are applicable generally to
25other enrolled students at the Illinois institution of higher
26learning where the scholarship is being used.

 

 

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1    (f) An applicant is eligible for a scholarship under this
2Section when the Commission finds the applicant:
3        (1) is the natural child, legally adopted child, or
4    stepchild of an eligible displaced energy worker; and
5        (2) in the absence of transition scholarship
6    assistance, will be deterred by financial considerations
7    from completing an educational program at the
8    State-supported Illinois institution of higher learning of
9    his or her choice.
10    (g) Funds may be made available from the Energy Transition
11Assistance Fund to the Commission to provide these grants.
12    (h) The scholarship shall only cover tuition and fees at
13the rates offered to students residing within the State or in
14the district, but shall not exceed the cost equivalent of one
15calendar year of full-time enrollment, including summer terms,
16at the University of Illinois. The Commission shall determine
17the grant amount for each student.
 
18    Section 10-40. Energy Community Reinvestment Report.
19Beginning 365 days after the effective date of this Act, and at
20least once each calendar year thereafter, the Department shall
21create or commission the creation of a report on the energy
22worker and transition programs created in this Act and publish
23the report on its website. The report shall, at a minimum,
24contain information on program metrics, the demographics of
25participants, program impact, and recommendations for future

 

 

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1modifications to the services provided by the Department under
2these programs.
 
3    Section 10-70. Administrative review. All final
4administrative decisions, including, but not limited to,
5funding allocation and rules issued by the Department under
6this Act are subject to judicial review under the
7Administrative Review Law. No action may be commenced under
8this Section prior to 60 days after the complainant has given
9notice in writing of the action to the Department.
 
10    Section 10-90. Repealer. This Act is repealed 24 years
11after the effective date of this Act.
 
12
Article 15. Community Energy, Climate, and Jobs Planning Act

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

 

 

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

 

 

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

 

 

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1    cost-saving measure by the governing body.
2    "Energy project" means the installation or modification of
3an alternative energy improvement, energy efficiency
4improvement, or water use improvement, or the acquisition,
5installation, or improvement of a renewable energy system that
6is affixed to a stabilized existing property, including new
7construction.
8    "Environmental justice communities" means the proposed
9definition of that term based on existing methodologies and
10findings used by the Illinois Power Agency and its
11Administrator in its Illinois Solar for All Program.
12    "Equity investment eligible community" or "eligible
13community" are synonymous and mean the geographic areas
14throughout Illinois which would most benefit from equitable
15investments by the State designed to combat discrimination and
16foster sustainable economic growth. Specifically, eligible
17communities shall be defined as the following areas:
18        (1) R3 Areas as established pursuant to Section 10-40
19    of the Cannabis Regulation and Tax Act, where residents
20    have historically been excluded from economic
21    opportunities, including opportunities in the energy
22    sector; and
23        (2) Environmental justice communities, as defined by
24    the Illinois Power Agency pursuant to the Illinois Power
25    Agency Act, where residents have historically been subject
26    to disproportionate burdens of pollution, including

 

 

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1    pollution from the energy sector.
2    "Equity investment eligible person" or "eligible person"
3are synonymous and mean the persons who would most benefit
4from equitable investments by the State designed to combat
5discrimination and foster sustainable economic growth.
6Specifically, "eligible person" means the following people:
7        (1) a person whose primary residence is in an equity
8    investment eligible community;
9        (2) a person who is a graduate of or currently
10    enrolled in the foster care system; or
11        (3) a person who was formerly incarcerated.
12    "Governing body" means the county board or board of county
13commissioners of a county, the city council of a municipality,
14or the board of trustees of a village.
15    "Local Employment Plan" means a bidding option that public
16agencies may include in requests for proposals to incentivize
17bidders to voluntarily plan to retain and create high-skilled
18local manufacturing jobs; invest in preapprenticeship,
19apprenticeship, and training opportunities; and develop
20family-sustaining career pathways into clean energy industries
21for disadvantaged workers in a specified local area. The Local
22Employment Plan only applies to work that is not financed with
23federal money.
24    "Local unit of government" means a county, municipality,
25or village.
26    "Natural climate solutions" means conservation,

 

 

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1restoration, or improved land management actions that increase
2carbon storage or avoid greenhouse gas emissions on natural
3and working lands.
4    "Nature-based approaches for climate adaptation" means
5actions that preserve, enhance, or expand functions provided
6by nature that increase capacity to manage adverse conditions
7created or exacerbated by climate change. "Nature-based
8approaches for climate adaptation" includes, but is not
9limited to, the restoration of native ecosystems, especially
10floodplains; installation of bioswales, rain gardens, and
11other green stormwater infrastructure; and practices that
12increase soil health and reduce urban heat island effects.
13    "Public agency" means the State of Illinois or any of its
14government bodies and subdivisions, including the various
15counties, townships, municipalities, school districts,
16educational service regions, special road districts, public
17water supply districts, drainage districts, levee districts,
18sewer districts, housing authorities, and transit agencies.
19    "Renewable energy resource" includes energy and its
20associated renewable energy credit or renewable energy credits
21from wind energy, solar thermal energy, geothermal energy,
22photovoltaic cells and panels, biodiesel, anaerobic digestion,
23and hydropower that does not involve new construction or
24significant expansion of hydropower dams. For purposes of this
25Act, landfill gas produced in the State is considered a
26renewable energy resource. "Renewable energy resource" does

 

 

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1not include the incineration or burning of any solid material.
2    "Renewable energy system" means a fixture, product,
3device, or interacting group of fixtures, products, or devices
4on the customer's side of the meter that use one or more
5renewable energy resources to generate electricity, and
6specifically includes any renewable energy project, as defined
7in Section 825-65 of the Illinois Finance Authority Act.
8    "U.S. Employment Plan" means a bidding option that public
9agencies may include in requests for proposals to incentivize
10bidders to voluntarily plan to retain and create high-skilled
11U.S. manufacturing jobs; invest in preapprenticeship,
12apprenticeship, and training opportunities; and develop
13family-sustaining career pathways into clean energy industries
14for disadvantaged workers throughout the U.S. The U.S.
15Employment Plan only applies to work financed with federal
16Money.
17    "Water use improvement" means any fixture, product,
18system, device, or interacting group thereof for or serving
19any property that has the effect of conserving water resources
20through improved water management, efficiency, or thermal
21resource.
 
22    Section 15-15. Community Energy, Climate, and Jobs Plans;
23creation.
24    (a) Pursuant to the procedures in Section 15-20, a local
25unit of government may establish Community Energy, Climate,

 

 

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1and Jobs Plans and identify boundaries and areas covered by
2the Plans.
3    (b) Community Energy, Climate, and Jobs Plans are intended
4to aid local governments in developing a comprehensive
5approach to combining different energy, climate, and jobs
6programs and funding resources to achieve complementary
7impact. An effective planning process may:
8        (1) help communities discover ways that their local
9    government, businesses, and residents can control their
10    energy use and lower their bills;
11        (2) ensure a cost-effective transition away from
12    fossil fuels in the transportation sector;
13        (3) expand access to workforce development and job
14    training opportunities for disadvantaged workers in the
15    emerging clean energy economy;
16        (4) incentivize the creation and retention of quality
17    Illinois jobs (when federal funds are not involved) in the
18    emerging clean energy economy;
19        (5) incentivize the creation and retention of quality
20    U.S. jobs in the emerging clean energy economy;
21        (6) promote economic development through improvements
22    in community infrastructure, transit, and support for
23    local business;
24        (7) improve the health of Illinois communities,
25    especially eligible communities, by reducing emissions,
26    addressing existing brownfield areas, and promoting the

 

 

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1    integration of distributed energy resources;
2        (8) enable greater customer engagement, empowerment,
3    and options for energy services, and ultimately reduce
4    utility bills for Illinoisans;
5        (9) bring the benefits of grid modernization and the
6    deployment of distributed energy resources to economically
7    disadvantaged communities and eligible communities
8    throughout Illinois;
9        (10) support existing Illinois policy goals promoting
10    energy efficiency, demand response, and investments in
11    renewable energy resources;
12        (11) enable communities to better respond to extreme
13    heat and cold emergencies;
14        (12) explore opportunities to expand and improve
15    recreational amenities, wildlife habitat, flood
16    mitigation, agricultural production, tourism, and similar
17    co-benefits by deploying natural climate solutions and
18    nature-based approaches for climate adaptation; and
19        (13) ensure eligible persons, minorities, women,
20    people with disabilities, and veterans meaningfully
21    participate in the transition to a clean energy economy.
22    (c) A Community Energy, Climate, and Jobs Plan may include
23discussion of:
24        (1) the demographics of the community, including
25    information on the mix of residential and commercial areas
26    and populations, ages, languages, education, and workforce

 

 

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1    training, including an examination of the average utility
2    bills paid within the community by class and zip code, the
3    percentage and locations of individuals requiring energy
4    assistance, and participation of community members in
5    other assistance programs;
6        (2) an examination of the community's energy use, for
7    electricity, natural gas, transportation, and other fuels;
8        (3) the geography of the community, including the
9    amount of green space, brownfield sites, farmland,
10    waterways, flood zones, heat islands, areas for potential
11    development, location of critical infrastructure such as
12    emergency response facilities, health care and education
13    facilities, and public transportation routes;
14        (4) information on economic development opportunities,
15    commercial usage, and employment opportunities;
16        (5) the current status of zero emission vehicles
17    operated by or on behalf of public agencies within the
18    community; and
19        (6) other topics deemed applicable by the community.
20    (d) A Community Energy, Climate, and Jobs Plan may address
21the following areas:
22        (1) distributed energy resources, including energy
23    efficiency, demand response, dynamic pricing, energy
24    storage, and solar (thermal, rooftop, and community);
25        (2) building codes, both commercial and residential;
26        (3) alternative transportation funding;

 

 

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1        (4) transit options, including individual car
2    ownership, ridesharing, buses, trains, bicycles, and
3    pedestrian walkways;
4        (5) community assets related to extreme heat and cold
5    emergencies, such as cooling and warming centers;
6        (6) public agency procurements of zero emission,
7    electric vehicles; and
8        (7) networks of natural resources and infrastructure.
9    (e) A Community Energy, Climate, and Jobs Plan may
10conclude with proposals to:
11        (1) increase the use of electricity as a
12    transportation fuel at multi-unit dwellings;
13        (2) maximize the system-wide benefits of
14    transportation electrification;
15        (3) direct public agencies to implement tools, such as
16    the U.S. Employment Plan or a Local Employment Plan, to
17    incentivize manufacturers in clean energy industries to
18    create and retain quality jobs and invest in training,
19    workforce development, and apprenticeship programs in
20    connection to a major contract;
21        (4) test innovative load management programs or rate
22    structures associated with the use of electric vehicles by
23    residential customers to achieve customer fuel cost
24    savings relative to gasoline or diesel fuels and to
25    optimize grid efficiency;
26        (5) increase the integration of distributed energy

 

 

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1    resources in the community;
2        (6) significantly expand the percentage of net-zero
3    housing and net-zero buildings in the community;
4        (7) improve utility bill affordability;
5        (8) increase mass transit ridership;
6        (9) decrease vehicle miles traveled;
7        (10) reduce local emissions of greenhouse gases, NOx,
8    SOx, particulate matter, and other air pollutants;
9        (11) improve community assets that help residents
10    respond to extreme heat and cold emergencies; and
11        (12) expand opportunities for eligible persons,
12    minorities, women, people with disabilities, and veterans
13    to meaningfully participate in the transition to a clean
14    energy economy.
15    (f) A Community Energy, Climate, and Jobs Plan may be
16administered by one or more program administrators or the
17local unit of government.
 
18    Section 15-20. Community Energy, Climate, and Jobs
19Planning process.
20    (a) An effective planning process shall engage a diverse
21set of stakeholders in local communities, including:
22environmental justice organizations; economic development
23organizations; faith-based nonprofit organizations;
24educational institutions; interested residents; health care
25institutions; tenant organizations; housing institutions,

 

 

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1developers, and owners; elected and appointed officials; and
2representatives reflective of each local community.
3    (b) An effective planning process shall engage individual
4members of the community to the extent possible to ensure that
5the Plans receive input from as diverse a set of perspectives
6as possible.
7    (c) Plan materials and meetings related to the Plan shall
8be translated into languages that reflect the makeup of the
9local community.
10    (d) The planning process shall be conducted in an ethical,
11transparent fashion, and continually review its policies and
12practices to determine how best to meet its objectives.
13    (e) The Community, Energy, and Climate Plans shall take
14into account other applicable or relevant economic development
15plans, such as a Comprehensive Economic Development Strategy,
16developed by a local unit of government, economic development
17organization, or Regional Planning Council.
 
18    Section 15-25. Joint Community Energy, Climate, and Jobs
19Plans. A local unit of government may join with any other local
20unit of government, or with any public or private person, or
21with any number or combination thereof, under the
22Intergovernmental Cooperation Act, by contract or otherwise as
23may be permitted by law, for the implementation of a Community
24Energy, Climate, and Jobs Plan, in whole or in part.
 

 

 

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1    Section 15-90. Repealer. This Act is repealed 24 years
2after the effective date of this Act.
 
3
Article 20. Illinois Clean Energy
4
Jobs and Justice Fund Act

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

 

 

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1    contractors of color, and to businesses serving
2    low-income, environmental justice, and BIPOC communities;
3        (4) accelerate the flow of private capital into clean
4    energy markets;
5        (5) assist low-income, environmental justice, and
6    BIPOC community utility customers in paying for solar and
7    energy efficiency upgrades through energy cost savings;
8        (6) increase access to no-cost and low-cost loans for
9    MBE and other contractors of color;
10        (7) develop financing products designed to compensate
11    for historical and structural barriers preventing
12    low-income, environmental justice, and BIPOC communities
13    from accessing traditional financing;
14        (8) leverage private investment in clean energy
15    projects and in projects developed by MBEs and other
16    contractors of color; and
17        (9) pursue financial self-sustainability through
18    innovative financing products.
 
19    Section 20-10. Definitions. As used in this Act:
20    "Black, indigenous, and people of color" or "BIPOC" means
21people who are members of the groups described in
22subparagraphs (a) through (e) of paragraph (A) of subsection
23(1) of Section 2 of the Business Enterprise for Minorities,
24Women, and Persons with Disabilities Act.
25    "Board" means the Board of Directors of the Clean Energy

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (j) A director may not receive any compensation for his or
2her services but shall be reimbursed for necessary expenses,
3including travel expenses incurred in the discharge of duties.
4The Board shall establish standard allowances for mileage,
5room and meals and the purposes for which such allowances may
6be made and shall determine the reasonableness and necessity
7for such reimbursements.
8    (k) In the event of a vacancy on the Board, the Board of
9Directors shall appoint a temporary member, consistent with
10the requirements of the Board composition, to serve the
11remainder of the term for the vacant seat.
12    (l) The Board shall adopt rules for its own management and
13government, including bylaws and a conflict of interest
14policy.
15    (m) The Board of Directors of the Fund shall adopt written
16procedures for:
17        (1) adopting an annual budget and plan of operations,
18    including a requirement of Board approval before the
19    budget or plan may take effect;
20        (2) hiring, dismissing, promoting, and compensating
21    employees of the Fund, including an affirmative action
22    policy and a requirement of Board approval before a
23    position may be created or a vacancy filled;
24        (3) acquiring real and personal property and personal
25    services, including a requirement of Board approval for
26    any non-budgeted expenditure in excess of $5,000;

 

 

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1        (4) contracting for financial, legal, bond
2    underwriting and other professional services, including
3    requirements that the Fund (i) solicit proposals at least
4    once every 3 years for each such service that it uses, and
5    (ii) ensure equitable contracting with diverse suppliers;
6        (5) issuing and retiring bonds, bond anticipation
7    notes, and other obligations of the Fund; and
8        (6) awarding loans, grants and other financial
9    assistance, including (i) eligibility criteria, the
10    application process and the role played by the Fund's
11    staff and Board of Directors, and (ii) ensuring racial
12    equity in the awarding of loans, grants, and other
13    financial assistance.
14    (n) The Board shall develop a robust set of metrics to
15measure the degree to which the program is meeting the
16purposes set forth in Section 20-5 of this Act, and especially
17measuring adherence to the racial equity purposes set forth
18there, and a reporting format and schedule to be adhered to by
19the Fund officers and staff. These metrics and reports shall
20be posted quarterly on the Fund's website.
21    (o) The Board of Directors has the responsibility to make
22program adjustments necessary to ensure that the Clean Energy
23Jobs and Justice Fund is meeting the purposes set forth in this
24Act. Fund officers and staff and the Board of Directors are
25responsible for ensuring capital providers and Fund officers
26and staff, partners, and financial institutions are held to

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    in such role; and
2        (10) all other acts necessary or convenient to carry
3    out the purposes of this Act.
4    (c) Before making any loan, loan guarantee, or such other
5form of financing support or risk management for a clean
6energy project, the Fund shall develop standards to govern the
7administration of the Fund through rules, policies, and
8procedures that specify borrower eligibility, terms, and
9conditions of support, and other relevant criteria, standards,
10or procedures.
11    (d) Funding sources specifically authorized include, but
12are not limited to:
13        (1) funds repurposed from existing programs providing
14    financing support for clean energy projects, provided any
15    transfer of funds from such existing programs shall be
16    subject to approval by the General Assembly and shall be
17    used for expenses of financing, grants, and loans;
18        (2) any federal funds that can be used for the
19    purposes specified in this Act;
20        (3) charitable gifts, grants, contributions, as well
21    as loans from individuals, corporations, university
22    endowment funds, and philanthropic foundations; and
23        (4) earnings and interest derived from financing
24    support activities for clean energy projects backed by the
25    Fund.
26    (e) The Fund may enter into agreements with private

 

 

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1sources to raise capital.
2    (f) The Fund may assess reasonable fees on its financing
3activities to cover its reasonable costs and expenses, as
4determined by the Board.
5    (g) The Fund shall make information regarding the rates,
6terms and conditions for all of its financing support
7transactions available to the public for inspection, including
8formal annual reviews by both a private auditor conducted
9pursuant this Section and the Comptroller, and provide details
10to the public on the Internet, provided public disclosure
11shall be restricted for patentable ideas, trade secrets,
12proprietary or confidential commercial or financial
13information, disclosure of which may cause commercial harm to
14a nongovernmental recipient of such financing support and for
15other information exempt from public records disclosure.
16    (h) The powers enumerated in this Section shall be
17interpreted broadly to effectuate the purposes established in
18this Section and shall not be construed as a limitation of
19powers.
 
20    Section 20-30. Primary responsibilities in early program
21development.
22    (a) Consistent with the goals of this Act, the Fund has the
23authority to pursue a broad range of financial products and
24services. In early development of products and services
25offered, the Fund should consider the following programs as

 

 

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1its initial set of investment initiatives:
2        (1) a solar lease, power-purchase agreement, or
3    loan-to-own product specifically designed to complement
4    and grow the Illinois Solar for All Program;
5        (2) direct capitalization of contractors of color
6    participating in or graduating from the workforce and
7    business development programs established in the Energy
8    Transition Act;
9        (3) providing direct capitalization of community-based
10    projects in environmental justice communities through
11    upfront grants. Project applications should provide a
12    community benefit, align with environmental justice
13    communities, be in support of this Act's contractor and
14    workforce development goals, and support upfront planning,
15    development, and start up costs that often are not covered
16    prior to applying for program incentives and other loan
17    products;
18        (4) providing loan loss reserve products to secure
19    stable and low-interest financing for individual projects
20    and portfolios consistent with the goals of this Act that
21    would be otherwise unable to receive financing; and
22        (5) offering financing and administrative services for
23    municipal utilities and rural electric cooperatives to
24    create their own version of the on-bill Equitable Energy
25    Upgrade Program such as the Pay As You Save program
26    developed by the Energy Efficiency Institute.
 

 

 

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1    Section 20-35. Executive director and fund management.
2    (a) The executive director hired by the Board shall have
3the same qualifications as a director pursuant to subsections
4(d), (g), and (h) of Section 20-20 of this Act. The executive
5director may not be a candidate for the Board of Directors
6while serving as executive director. The executive director
7must have 5 or more years of experience in equitable and
8inclusive financing serving racially and socioeconomically
9diverse communities.
10    (b) To hire the executive director, the Board shall adhere
11to any applicable State or federal law prohibiting
12discrimination in employment.
13    (c) The Board shall require all applicants for the
14position of executive director of the Fund to file a financial
15statement consistent with requirements established by the
16Board. The Board shall require the executive director to file
17a current statement annually.
18    (d) The Fund shall be administered by the executive
19director and the staff and overseen by the Board of Directors.
20Fund officers and staff shall receive training in how to best
21provide services and support to low-income, environmental
22justice, and BIPOC communities and on supporting borrowers
23with loan applications, loan underwriting, and loan services.
 
24    Section 20-40. Dissolution. The Fund may dissolve or be

 

 

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1dissolved under the General Not for Profit Corporation Act.
 
2    Section 20-90. Repealer. This Act is repealed 24 years
3after the effective date of this Act.
 
4
Article 90.

 
5    Section 90-1. Legislative findings. The General Assembly
6finds and declares:
7        (1) The overall objectives of regulation of the
8    electric utility industry in this State, as expressed by
9    the General Assembly in the Illinois Power Agency Act and
10    the Public Utilities Act, include the provision of
11    adequate, efficient, reliable, environmentally safe, and
12    least-cost utility services at prices that accurately
13    reflect the long-term cost of such services and that are
14    equitable to all citizens.
15        (2) For many years, a significant portion of the
16    electricity consumed by consumers and businesses in this
17    State, particularly in the downstate region, has been
18    produced by large coal-fueled electric generating stations
19    located in the downstate region. However, in recent years,
20    the prices for electric generating capacity and energy
21    available to coal-fueled electric generating stations
22    located in the downstate region of this State have been
23    insufficient to enable many electric generating facilities

 

 

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1    located within the downstate region to remain in
2    operation, and have placed other electric generating
3    stations at risk of closure. Changes in environmental
4    regulations and, significantly, increasing concerns about
5    the effects of carbon emissions on the climate, have also
6    contributed to the retirement of coal-fueled generating
7    stations in the downstate region. As a result, the vast
8    majority of the coal-fueled generation located in
9    Illinois, and particularly in the downstate region, has
10    recently been retired or will be retired by no later than
11    the end of 2027.
12        (3) Reliable electric service at all times is
13    essential to the functioning of a modern economy and of
14    society in general. The health, welfare, and prosperity of
15    Illinois citizens, including the attractiveness of the
16    State of Illinois to business and industry, requires the
17    availability of sufficient electric generating capacity,
18    including energy storage capacity, to meet the demands of
19    consumers and businesses in this State at all times.
20    However, to a significant extent, electricity, when
21    generated, cannot be stored for future use in any
22    significant amount relative to the total amount of
23    electricity that existing generating facilities can
24    produce. Rather, for the most part, electricity must be
25    produced instantaneously at the time and in the amount
26    that it is demanded by residential and business consumers.

 

 

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1    The development of energy storage facilities provides some
2    opportunity to store some amounts of electricity for use
3    at later times; but energy storage facilities with
4    sufficient capacity to deliver electricity to meet the
5    demands of consumers in this State, 24 hours per day, 7
6    days per week on every day of the year, have not yet been
7    built.
8        (4) Both the Midcontinent Independent System Operator,
9    Inc., which is the independent transmission system
10    operator for downstate Illinois, and its Independent
11    Market Monitor, have expressed concerns about the
12    sufficiency of electric generating resources in downstate
13    Illinois over the next several years, due primarily to the
14    announced and anticipated retirements of coal-fueled
15    electric generating facilities and concerns about how
16    quickly and extensively new wind and solar generating
17    facilities will be placed into service. Concerns have also
18    been expressed, based on the intermittent nature of wind
19    and solar generating facilities, as to whether the grid
20    can operate reliably without sufficient dispatchable
21    generation resources or significant additions of energy
22    storage facilities to balance the output of renewable
23    generating facilities. The General Assembly believes that
24    the State cannot afford to find itself in a situation of
25    insufficient electric generating resources to meet the
26    needs of Illinois residential and business consumers 24

 

 

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1    hours a day, 7 days a week. Thus, consistent with the
2    overall objectives of the regulation of the electric
3    utility industry in this State and the interests of the
4    State in protecting the health and welfare of its
5    residents, regulation should ensure that sufficient
6    generating resources, including energy storage resources,
7    are available to enable the electric utility grid to meet
8    the demands of Illinois electricity consumers at all
9    times.
10        (5) Through previous enactments beginning in 2007, the
11    General Assembly has provided financial incentives for the
12    construction and operation of wind, solar, and other types
13    of renewable energy facilities to serve load in Illinois.
14    In such enactments, the General Assembly has recognized
15    that providing opportunities to enter into long-term
16    contracts for the purchase of renewable energy credits
17    from renewable energy facilities creates incentives, and
18    in fact is necessary, for the construction and operation
19    of such resources. Developers typically cannot,
20    financially, develop new, large-scale renewable energy
21    generating resources without having secured long-term
22    contracts for the renewable energy credits that the new
23    facilities will produce.
24        (6) The permitting and siting of new wind and solar
25    generating facilities in Illinois are subject to local
26    governmental control, and in many areas of this State,

 

 

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1    there has been strong opposition to the siting and
2    construction of new utility-scale wind and solar
3    generating facilities, which in turn has resulted in the
4    denial of, or withdrawal of requests for, necessary
5    approvals for some projects and the enactment of local
6    zoning ordinances imposing requirements and restrictions
7    that increase the costs and reduce the economic
8    attractiveness of such projects. This has resulted in
9    delay or cancellation of a number of renewable energy
10    projects. This experience demonstrates the advantages of
11    targeting the installation of new utility-scale renewable
12    energy facilities at sites that are already suitable for
13    installation of such facilities and can be readily
14    permitted.
15        (7) In light of the intermittent nature of many types
16    of renewable energy facilities, such as wind and solar
17    generation, the installation and operation of electricity
18    storage facilities in conjunction with the installation
19    and operation of renewable generation facilities can
20    enhance the value of renewable energy resources to the
21    electric grid.
22        (8) The sites of many of the large coal-fueled
23    electric generating stations located in the downstate
24    region of this State that have recently been retired or
25    announced for retirement, or are at risk of retirement,
26    have existing infrastructure and other characteristics

 

 

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1    which make them suitable potential sites for development
2    of new renewable energy generating facilities and
3    electricity storage facilities. This infrastructure and
4    other characteristics include large amounts of available
5    land situated at a suitable distance from populated areas,
6    suitable levels of exposure to sunlight, and high voltage
7    interconnections to nearby bulk electric system
8    transmission grid facilities at strategic locations.
9    Development of these generating plant sites for
10    large-scale renewable energy generating facilities,
11    particularly photovoltaic facilities which require large
12    amounts of space, and electricity storage facilities, can
13    help advance this State's objective of increasing the
14    portion of the State's total electricity usage that is
15    supplied by zero emission resources, and reducing the
16    proportion of the electricity produced in this State that
17    is produced by carbon-emitting resources, while supporting
18    the reliability of electric service in the downstate
19    region. Accordingly, the General Assembly finds that it is
20    in the public interest to encourage the redevelopment of
21    the sites of retired and still-operating coal-fueled
22    electric generating stations as locations for renewable
23    energy generating facilities and electricity storage
24    facilities.
25        (9) Many, if not all, of the coal-fueled electric
26    generating plants in this State that have recently been

 

 

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1    retired or announced for retirement, or are at near-term
2    risk of retirement, were at one time owned, at whole or in
3    part, by a public utility as defined in Section 3-105 of
4    the Public Utilities Act and were thereby devoted to
5    public service and the public use in Illinois, with their
6    costs paid for by rates paid by public utility ratepayers
7    in Illinois. The General Assembly finds that it is
8    appropriate to provide incentives to the owners of the
9    sites of coal-fueled electric generating facilities in
10    this State that were once owned by public utilities, to
11    repurpose those sites in a manner that continues to
12    benefit the public by providing for the generation of
13    carbon-free, non-emitting electricity and reliable bulk
14    electric service.
15        (10) The General Assembly finds it is appropriate for
16    the State of Illinois to establish a program to provide
17    incentives for the installation and operation of new
18    renewable energy facilities, along with energy storage
19    facilities, at the sites of retired and at-risk
20    coal-fueled electric generating facilities in this State,
21    to help expedite the transition of this State's electric
22    generation fleet to lower-emitting resources while
23    ensuring the availability of sufficient electric energy
24    resources to meet the demands of residential and business
25    electricity consumers in this State.
26        (11) In light of the foregoing findings, the purpose

 

 

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1    of the program established in subsection (c-5) of Section
2    1-75 of the Illinois Power Agency Act is to incentivize
3    and support conversion and development of unused (or to be
4    unused) sites of recently retired and soon to-be-retired
5    coal-fueled power plants in this State to productive new
6    uses as sites for the generation and provision of
7    electricity from renewable energy facilities and energy
8    storage facilities, thereby contributing to the State's
9    efforts to reduce carbon emissions from facilities in this
10    State and increase the production of the State's
11    electricity needs from clean energy resources. The
12    provisions of this Act also will support the reliability
13    of the bulk power grid in this State by incentivizing and
14    supporting installation of new generating facilities and
15    energy storage facilities at locations on the grid where
16    synchronous generation was formerly located.
 
17    Section 90-3. The Illinois Administrative Procedure Act is
18amended by adding 5-45.9 as follows:
 
19    (5 ILCS 100/5-45.9 new)
20    Sec. 5-45.9. Emergency rulemaking; Multi-Year Integrated
21Grid Plans. To provide for the expeditious and timely
22implementation of Section 16-105.17 of the Public Utilities
23Act, emergency rules implementing Section 16-105.17 of the
24Public Utilities Act may be adopted in accordance with Section

 

 

SB2408 Enrolled- 167 -LRB102 11366 BMS 16699 b

15-45 by the Illinois Commerce Commission. The adoption of
2emergency rules authorized by Section 5-45 and this Section is
3deemed to be necessary for the public interest, safety, and
4welfare.
5    This Section is repealed one year after the effective date
6of this amendatory Act of the 102nd General Assembly.
 
7    Section 90-5. The Illinois Governmental Ethics Act is
8amended by adding Section 1-121 and by changing Sections
94A-102 and 4A-103 as follows:
 
10    (5 ILCS 420/1-121 new)
11    Sec. 1-121. Public utility. "Public utility" has the
12meaning provided in Section 3-105 of the Public Utilities Act.
 
13    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
14    Sec. 4A-102. The statement of economic interests required
15by this Article shall include the economic interests of the
16person making the statement as provided in this Section. The
17interest (if constructively controlled by the person making
18the statement) of a spouse or any other party, shall be
19considered to be the same as the interest of the person making
20the statement. Campaign receipts shall not be included in this
21statement.
22        (a) The following interests shall be listed by all
23    persons required to file:

 

 

SB2408 Enrolled- 168 -LRB102 11366 BMS 16699 b

1            (1) The name, address and type of practice of any
2        professional organization or individual professional
3        practice in which the person making the statement was
4        an officer, director, associate, partner or
5        proprietor, or served in any advisory capacity, from
6        which income in excess of $1200 was derived during the
7        preceding calendar year;
8            (2) The nature of professional services (other
9        than services rendered to the unit or units of
10        government in relation to which the person is required
11        to file) and the nature of the entity to which they
12        were rendered if fees exceeding $5,000 were received
13        during the preceding calendar year from the entity for
14        professional services rendered by the person making
15        the statement.
16            (3) The identity (including the address or legal
17        description of real estate) of any capital asset from
18        which a capital gain of $5,000 or more was realized in
19        the preceding calendar year.
20            (4) The name of any unit of government which has
21        employed the person making the statement during the
22        preceding calendar year other than the unit or units
23        of government in relation to which the person is
24        required to file.
25            (5) The name of any entity from which a gift or
26        gifts, or honorarium or honoraria, valued singly or in

 

 

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

 

 

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

 

 

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1            (3) The name of any entity and the nature of the
2        governmental action requested by any entity which has
3        applied to a unit of local government in relation to
4        which the person must file for any license, franchise
5        or permit for annexation, zoning or rezoning of real
6        estate during the preceding calendar year if the
7        ownership interest of the person filing is in excess
8        of $5,000 fair market value at the time of filing or if
9        income or dividends in excess of $1,200 were received
10        by the person filing from the entity during the
11        preceding calendar year.
12        (d) The following interest shall also be listed by
13    persons listed in items (a) through (f) of Section 4A-101:
14    the name of any spouse or immediate family member living
15    with such person employed by a public utility in this
16    State and the name of the public utility that employs such
17    person.
18    For the purposes of this Section, the unit of local
19government in relation to which a person is required to file
20under item (e) of Section 4A-101.5 shall be the unit of local
21government that contributes to the pension fund of which such
22person is a member of the board.
23(Source: P.A. 101-221, eff. 8-9-19.)
 
24    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
25    Sec. 4A-103. The statement of economic interests required

 

 

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1by this Article to be filed with the Secretary of State or
2county clerk shall be filled in by typewriting or hand
3printing, shall be verified, dated, and signed by the person
4making the statement and shall contain substantially the
5following:
 
6
STATEMENT OF ECONOMIC INTERESTS

 
7INSTRUCTIONS:
8    You may find the following documents helpful to you in
9completing this form:
10        (1) federal income tax returns, including any related
11    schedules, attachments, and forms; and
12        (2) investment and brokerage statements.
13    To complete this form, you do not need to disclose
14specific amounts or values or report interests relating either
15to political committees registered with the Illinois State
16Board of Elections or to political committees, principal
17campaign committees, or authorized committees registered with
18the Federal Election Commission.
19    The information you disclose will be available to the
20public.
21    You must answer all 6 questions. Certain questions will
22ask you to report any applicable assets or debts held in, or
23payable to, your name; held jointly by, or payable to, you with
24your spouse; or held jointly by, or payable to, you with your

 

 

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1minor child. If you have any concerns about whether an
2interest should be reported, please consult your department's
3ethics officer, if applicable.
4    Please ensure that the information you provide is complete
5and accurate. If you need more space than the form allows,
6please attach additional pages for your response. If you are
7subject to the State Officials and Employees Ethics Act, your
8ethics officer must review your statement of economic
9interests before you file it. Failure to complete the
10statement in good faith and within the prescribed deadline may
11subject you to fines, imprisonment, or both.
 
12BASIC INFORMATION:
13Name:........................................................
14Job title:...................................................
15Office, department, or agency that requires you to file this
16form:........................................................
17Other offices, departments, or agencies that require you to
18file a Statement of Economic Interests form: ................
19Full mailing address:........................................
20Preferred e-mail address (optional):.........................
 
21QUESTIONS:
22    1. If you have any single asset that was worth more than
23$10,000 as of the end of the preceding calendar year and is
24held in, or payable to, your name, held jointly by, or payable

 

 

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1to, you with your spouse, or held jointly by, or payable to,
2you with your minor child, list such assets below. In the case
3of investment real estate, list the city and state where the
4investment real estate is located. If you do not have any such
5assets, list "none" below.
6.............................................................
7.............................................................
8.............................................................
9.............................................................
10.............................................................
11    2. Excluding the position for which you are required to
12file this form, list the source of any income in excess of
13$7,500 required to be reported during the preceding calendar
14year. If you sold an asset that produced more than $7,500 in
15capital gains in the preceding calendar year, list the name of
16the asset and the transaction date on which the sale or
17transfer took place. If you had no such sources of income or
18assets, list "none" below.
 
19Source of Income / Name of Date Sold (if applicable)
20Asset
21............................... ...............................
22............................... ...............................
23............................... ...............................
24    3. Excluding debts incurred on terms available to the
25general public, such as mortgages, student loans, and credit

 

 

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1card debts, if you owed any single debt in the preceding
2calendar year exceeding $10,000, list the creditor of the debt
3below. If you had no such debts, list "none" below.
4    List the creditor for all applicable debts owed by you,
5owed jointly by you with your spouse, or owed jointly by you
6with your minor child. In addition to the types of debts listed
7above, you do not need to report any debts to or from financial
8institutions or government agencies, such as debts secured by
9automobiles, household furniture or appliances, as long as the
10debt was made on terms available to the general public, debts
11to members of your family, or debts to or from a political
12committee registered with the Illinois State Board of
13Elections or any political committee, principal campaign
14committee, or authorized committee registered with the Federal
15Election Commission.
16.............................................................
17.............................................................
18.............................................................
19.............................................................
20    4. List the name of each unit of government of which you or
21your spouse were an employee, contractor, or office holder
22during the preceding calendar year other than the unit or
23units of government in relation to which the person is
24required to file and the title of the position or nature of the
25contractual services.
 

 

 

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1Name of Unit of GovernmentTitle or Nature of Services
2............................... ...............................
3............................... ...............................
4............................... ...............................
5    5. If you maintain an economic relationship with a
6lobbyist or if a member of your family is known to you to be a
7lobbyist registered with any unit of government in the State
8of Illinois, list the name of the lobbyist below and identify
9the nature of your relationship with the lobbyist. If you do
10not have an economic relationship with a lobbyist or a family
11member known to you to be a lobbyist registered with any unit
12of government in the State of Illinois, list "none" below.
 
13Name of LobbyistRelationship to Filer
14............................... ...............................
15............................... ...............................
16............................... ...............................
17    6. List the name of each person, organization, or entity
18that was the source of a gift or gifts, or honorarium or
19honoraria, valued singly or in the aggregate in excess of $500
20received during the preceding calendar year and the type of
21gift or gifts, or honorarium or honoraria, excluding any gift
22or gifts from a member of your family that was not known to be
23a lobbyist registered with any unit of government in the State
24of Illinois. If you had no such gifts, list "none" below.
25.............................................................

 

 

 

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1.............................................................
2.............................................................
3    7. List the name of any spouse or immediate family member
4living with the person making this statement employed by a
5public utility in this State and the name of the public utility
6that employs the relative.
7Name and Relation Public Utility
8............................... ...............................
9..............................................................
10..............................................................
11VERIFICATION:
12    "I declare that this statement of economic interests
13(including any attachments) has been examined by me and to the
14best of my knowledge and belief is a true, correct and complete
15statement of my economic interests as required by the Illinois
16Governmental Ethics Act. I understand that the penalty for
17willfully filing a false or incomplete statement is a fine not
18to exceed $2,500 or imprisonment in a penal institution other
19than the penitentiary not to exceed one year, or both fine and
20imprisonment."
21Printed Name of Filer:.......................................
22Date:........................................................
23Signature:...................................................
 
24If this statement of economic interests requires ethics

 

 

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1officer review prior to filing, the applicable ethics officer
2must complete the following:
 
3CERTIFICATION OF ETHICS OFFICER REVIEW:
4    "In accordance with law, as Ethics Officer, I reviewed
5this statement of economic interests prior to its filing."
 
6Printed Name of Ethics Officer:..............................
7Date:........................................................
8Signature:...................................................
9Preferred e-mail address (optional):.........................
10
STATEMENT OF ECONOMIC INTEREST
11
(TYPE OR HAND PRINT)
12.............................................................
13(name)
14.............................................................
15(each office or position of employment for which this
16statement is filed)
17.............................................................
18(full mailing address)
19GENERAL DIRECTIONS:
20    The interest (if constructively controlled by the person
21making the statement) of a spouse or any other party, shall be
22considered to be the same as the interest of the person making
23the statement.
24    Campaign receipts shall not be included in this statement.

 

 

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1    If additional space is needed, please attach supplemental
2listing.
3    1. List the name and instrument of ownership in any entity
4doing business in the State of Illinois, in which the
5ownership interest held by the person at the date of filing is
6in excess of $5,000 fair market value or from which dividends
7in excess of $1,200 were derived during the preceding calendar
8year. (In the case of real estate, location thereof shall be
9listed by street address, or if none, then by legal
10description.) No time or demand deposit in a financial
11institution, nor any debt instrument need be listed.
12Business EntityInstrument of Ownership
13..............................................................
14..............................................................
15..............................................................
16..............................................................
17    2. List the name, address and type of practice of any
18professional organization in which the person making the
19statement was an officer, director, associate, partner or
20proprietor or served in any advisory capacity, from which
21income in excess of $1,200 was derived during the preceding
22calendar year.
23NameAddressType of Practice
24.............................................................
25.............................................................
26.............................................................

 

 

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

 

 

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1services and the title or description of any position held in
2that entity. (In the case of real estate, location thereof
3shall be listed by street address, or if none, then by legal
4description). No time or demand deposit in a financial
5institution nor any debt instrument need be listed.
6EntityPosition Held
7..............................................................
8..............................................................
9..............................................................
10    7. List the name of any unit of government which employed
11the person making the statement during the preceding calendar
12year other than the unit or units of government in relation to
13which the person is required to file.
14.............................................................
15.............................................................
16    8. List the name of any entity from which a gift or gifts,
17or honorarium or honoraria, valued singly or in the aggregate
18in excess of $500, was received during the preceding calendar
19year.
20.............................................................
21VERIFICATION:
22    "I declare that this statement of economic interests
23(including any accompanying schedules and statements) has been
24examined by me and to the best of my knowledge and belief is a
25true, correct and complete statement of my economic interests
26as required by the Illinois Governmental Ethics Act. I

 

 

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1understand that the penalty for willfully filing a false or
2incomplete statement shall be a fine not to exceed $1,000 or
3imprisonment in a penal institution other than the
4penitentiary not to exceed one year, or both fine and
5imprisonment."
6................ ..........................................
7(date of filing) (signature of person making the statement)
8(Source: P.A. 95-173, eff. 1-1-08.)
 
9    Section 90-10. The State Officials and Employees Ethics
10Act is amended by changing Section 5-50 as follows:
 
11    (5 ILCS 430/5-50)
12    Sec. 5-50. Ex parte communications; special government
13agents.
14    (a) This Section applies to ex parte communications made
15to any agency listed in subsection (e).
16    (b) "Ex parte communication" means any written or oral
17communication by any person that imparts or requests material
18information or makes a material argument regarding potential
19action concerning regulatory, quasi-adjudicatory, investment,
20or licensing matters pending before or under consideration by
21the agency. "Ex parte communication" does not include the
22following: (i) statements by a person publicly made in a
23public forum; (ii) statements regarding matters of procedure
24and practice, such as format, the number of copies required,

 

 

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1the manner of filing, and the status of a matter; and (iii)
2statements made by a State employee of the agency to the agency
3head or other employees of that agency.
4    (b-5) An ex parte communication received by an agency,
5agency head, or other agency employee from an interested party
6or his or her official representative or attorney shall
7promptly be memorialized and made a part of the record.
8    (c) An ex parte communication received by any agency,
9agency head, or other agency employee, other than an ex parte
10communication described in subsection (b-5), shall immediately
11be reported to that agency's ethics officer by the recipient
12of the communication and by any other employee of that agency
13who responds to the communication. The ethics officer shall
14require that the ex parte communication be promptly made a
15part of the record. The ethics officer shall promptly file the
16ex parte communication with the Executive Ethics Commission,
17including all written communications, all written responses to
18the communications, and a memorandum prepared by the ethics
19officer stating the nature and substance of all oral
20communications, the identity and job title of the person to
21whom each communication was made, all responses made, the
22identity and job title of the person making each response, the
23identity of each person from whom the written or oral ex parte
24communication was received, the individual or entity
25represented by that person, any action the person requested or
26recommended, and any other pertinent information. The

 

 

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1disclosure shall also contain the date of any ex parte
2communication.
3    (d) "Interested party" means a person or entity whose
4rights, privileges, or interests are the subject of or are
5directly affected by a regulatory, quasi-adjudicatory,
6investment, or licensing matter. For purposes of an ex parte
7communication received by either the Illinois Commerce
8Commission or the Illinois Power Agency, "interested party"
9also includes: (1) an organization comprised of 2 or more
10businesses, persons, nonprofit entities, or any combination
11thereof, that are working in concert to advance public policy
12advocated by the organization, or (2) any party selling
13renewable energy resources procured by the Illinois Power
14Agency pursuant to Section 16-111.5 of the Public Utilities
15Act and Section 1-75 of the Illinois Power Agency Act.
16    (e) This Section applies to the following agencies:
17Executive Ethics Commission
18Illinois Commerce Commission
19Illinois Power Agency 
20Educational Labor Relations Board
21State Board of Elections
22Illinois Gaming Board
23Health Facilities and Services Review Board 
24Illinois Workers' Compensation Commission
25Illinois Labor Relations Board
26Illinois Liquor Control Commission

 

 

SB2408 Enrolled- 185 -LRB102 11366 BMS 16699 b

1Pollution Control Board
2Property Tax Appeal Board
3Illinois Racing Board
4Illinois Purchased Care Review Board
5Department of State Police Merit Board
6Motor Vehicle Review Board
7Prisoner Review Board
8Civil Service Commission
9Personnel Review Board for the Treasurer
10Merit Commission for the Secretary of State
11Merit Commission for the Office of the Comptroller
12Court of Claims
13Board of Review of the Department of Employment Security
14Department of Insurance
15Department of Professional Regulation and licensing boards
16  under the Department
17Department of Public Health and licensing boards under the
18  Department
19Office of Banks and Real Estate and licensing boards under
20  the Office
21State Employees Retirement System Board of Trustees
22Judges Retirement System Board of Trustees
23General Assembly Retirement System Board of Trustees
24Illinois Board of Investment
25State Universities Retirement System Board of Trustees
26Teachers Retirement System Officers Board of Trustees

 

 

SB2408 Enrolled- 186 -LRB102 11366 BMS 16699 b

1    (f) Any person who fails to (i) report an ex parte
2communication to an ethics officer, (ii) make information part
3of the record, or (iii) make a filing with the Executive Ethics
4Commission as required by this Section or as required by
5Section 5-165 of the Illinois Administrative Procedure Act
6violates this Act.
7(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)
 
8    Section 90-15. The Department of Commerce and Economic
9Opportunity Law of the Civil Administrative Code of Illinois
10is amended by adding Section 605-1075 as follows:
 
11    (20 ILCS 605/605-1075 new)
12    Sec. 605-1075. Energy Transition Assistance Fund.
13    (a) The General Assembly hereby declares that management
14of several economic development programs requires a
15consolidated funding source to improve resource efficiency.
16The General Assembly specifically recognizes that properly
17serving communities and workers impacted by the energy
18transition requires that the Department of Commerce and
19Economic Opportunity have access to the resources required for
20the execution of the programs for workforce and contractor
21development, just transition investments and community
22support, and the implementation and administration of energy
23and justice efforts by the State.
24    (b) The Department shall be responsible for the

 

 

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1administration of the Energy Transition Assistance Fund and
2shall allocate funding on the basis of priorities established
3in this Section. Each year, the Department shall determine the
4available amount of resources in the Fund that can be
5allocated to the programs identified in this Section, and
6allocate the funding accordingly. The Department shall, to the
7extent practical, consider both the short-term and long-term
8costs of the programs and allocate funding so that the
9Department is able to cover both the short-term and long-term
10costs of these programs using projected revenue.
11    The available funding for each year shall be allocated
12from the Fund in the following order of priority:
13        (1) for costs related to the Clean Jobs Workforce
14    Network Program, up to $21,000,000 annually prior to June
15    1, 2023 and $24,333,333 annually thereafter;
16        (2) for costs related to the Clean Energy Contractor
17    Incubator Program, up to $21,000,000 annually;
18        (3) for costs related to the Clean Energy Primes
19    Contractor Accelerator Program, up to $9,000,000 annually;
20        (4) for costs related to the Barrier Reduction
21    Program, up to $21,000,000 annually;
22        (5) for costs related to the Jobs and Environmental
23    Justice Grant Program, up to $34,000,000 annually;
24        (6) for costs related to the Returning Residents Clean
25    Jobs Training Program, up to $6,000,000 annually;
26        (7) for costs related to Energy Transition Navigators,

 

 

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1    up to $6,000,000 annually;
2        (8) for costs related to the Illinois Climate Works
3    Preapprenticeship Program, up to $10,000,000 annually;
4        (9) for costs related to Energy Transition Community
5    Support Grants, up to $40,000,000 annually;
6        (10) for costs related to the Displaced Energy Worker
7    Dependent Scholarship, upon request by the Illinois
8    Student Assistance Commission, up to $1,100,000 annually;
9        (11) up to $10,000,000 annually shall be transferred
10    to the Public Utilities Fund for use by the Illinois
11    Commerce Commission for costs of administering the changes
12    made to the Public Utilities Act by this amendatory Act of
13    the 102nd General Assembly;
14        (12) up to $4,000,000 annually shall be transferred to
15    the Illinois Power Agency Operations Fund for use by the
16    Illinois Power Agency; and
17        (13) for costs related to the Clean Energy Jobs and
18    Justice Fund, up to $1,000,000 annually.
19    The Department is authorized to utilize up to 10% of the
20Energy Transition Assistance Fund for administrative and
21operational expenses to implement the requirements of this
22Act.
23    (c) Within 30 days after the effective date of this
24amendatory Act of the 102nd General Assembly, each electric
25utility serving more than 500,000 customers in the State shall
26report to the Department its total kilowatt-hours of energy

 

 

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1delivered during the 12 months ending on the immediately
2preceding May 31. By October 31, 2021 and each October 31
3thereafter, each electric utility serving more than 500,000
4customers in the State shall report to the Department its
5total kilowatt-hours of energy delivered during the 12 months
6ending on the immediately preceding May 31.
7    (d) The Department shall, within 60 days after the
8effective date of this amendatory Act of the 102nd General
9Assembly:
10        (1) determine the amount necessary, but not more than
11    $180,000,000, to meet the funding needs of the programs
12    reliant upon the Energy Transition Assistance Fund as a
13    revenue source for the period between the effective date
14    of this amendatory Act of the 102nd General Assembly and
15    December 31, 2021;
16        (2) determine, based on the kilowatt-hour deliveries
17    for the 12 months ending May 31, 2021 reported by the
18    electric utilities under subsection (c), the total energy
19    transition assistance charge to be allocated to each
20    electric utility for the period between the effective date
21    of this amendatory Act of the 102nd General Assembly and
22    December 31, 2021; and
23        (3) report the total energy transition assistance
24    charge applicable until December 31, 2021 to each electric
25    utility serving more than 500,000 customers in the State
26    and the Illinois Commerce Commission for purposes of

 

 

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1    filing the tariff pursuant to Section 16-108.30 of the
2    Public Utilities Act.
3    (e) The Department shall by November 30, 2021, and each
4November 30 thereafter:
5        (1) determine the amount necessary, but not more than
6    $180,000,000, to meet the funding needs of the programs
7    reliant upon the Energy Transition Assistance Fund as a
8    revenue source for the immediately following calendar
9    year;
10        (2) determine, based on the kilowatt-hour deliveries
11    for the 12 months ending on the immediately preceding May
12    31 reported to it by the electric utilities under
13    subsection (c), the total energy transition assistance
14    charge to be allocated to each electric utility for the
15    immediately following calendar year; and
16        (3) report the energy transition assistance charge
17    applicable for the immediately following calendar year to
18    each electric utility serving more than 500,000 customers
19    in the State and the Illinois Commerce Commission for
20    purposes of filing the tariff pursuant to Section
21    16-108.30 of the Public Utilities Act.
22    (f) The energy transition assistance charge may not exceed
23$180,000,000 annually. If, at the end of the calendar year,
24any surplus remains in the Energy Transition Assistance Fund,
25the Department may allocate the surplus from the fund in the
26following order of priority:

 

 

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1        (1) for costs related to the development of the
2    Stretch Energy Codes and other standards at the Capital
3    Development Board, up to $500,000 annually, at the request
4    of the Board;
5        (2) up to $7,000,000 annually shall be transferred to
6    the Energy Efficiency Trust Fund and Clean Air Act Permit
7    Fund for use by the Environmental Protection Agency for
8    costs related to energy efficiency and weatherization, and
9    costs of implementation, administration, and enforcement
10    of the Clean Air Act; and
11        (3) for costs related to State fleet electrification
12    at the Department of Central Management Services, up to
13    $10,000,000 annually, at the request of the Department.
 
14    Section 90-20. The Electric Vehicle Act is amended by
15changing Section 15 and by adding Sections 40, 45, 50, 55, and
1660 as follows:
 
17    (20 ILCS 627/15)
18    Sec. 15. Electric Vehicle Coordinator. The Governor, with
19the advice and consent of the Senate, shall appoint a person
20within the Illinois Environmental Protection Agency Department
21of Commerce and Economic Opportunity to serve as the Electric
22Vehicle Coordinator for the State of Illinois. This person may
23be an existing employee with other duties. The Coordinator
24shall act as a point person for electric vehicle-related and

 

 

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1electric vehicle charging-related electric vehicle related
2policies and activities in Illinois, including, but not
3limited to, the issuance of electric vehicle rebates for
4consumers and electric vehicle charging rebates for
5organizations and companies.
6(Source: P.A. 97-89, eff. 7-11-11.)
 
7    (20 ILCS 627/40 new)
8    Sec. 40. Rulemaking; resources. The Agency shall adopt
9rules as necessary and dedicate sufficient resources to
10implement Sections 45 and 55.
 
11    (20 ILCS 627/45 new)
12    Sec. 45. Beneficial electrification.
13    (a) It is the intent of the General Assembly to decrease
14reliance on fossil fuels, reduce pollution from the
15transportation sector, increase access to electrification for
16all consumers, and ensure that electric vehicle adoption and
17increased electricity usage and demand do not place
18significant additional burdens on the electric system and
19create benefits for Illinois residents.
20        (1) Illinois should increase the adoption of electric
21    vehicles in the State to 1,000,000 by 2030.
22        (2) Illinois should strive to be the best state in the
23    nation in which to drive and manufacture electric
24    vehicles.

 

 

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1        (3) Widespread adoption of electric vehicles is
2    necessary to electrify the transportation sector,
3    diversify the transportation fuel mix, drive economic
4    development, and protect air quality.
5        (4) Accelerating the adoption of electric vehicles
6    will drive the decarbonization of Illinois' transportation
7    sector.
8        (5) Expanded infrastructure investment will help
9    Illinois more rapidly decarbonize the transportation
10    sector.
11        (6) Statewide adoption of electric vehicles requires
12    increasing access to electrification for all consumers.
13        (7) Widespread adoption of electric vehicles requires
14    increasing public access to charging equipment throughout
15    Illinois, especially in low-income and environmental
16    justice communities, where levels of air pollution burden
17    tend to be higher.
18        (8) Widespread adoption of electric vehicles and
19    charging equipment has the potential to provide customers
20    with fuel cost savings and electric utility customers with
21    cost-saving benefits.
22        (9) Widespread adoption of electric vehicles can
23    improve an electric utility's electric system efficiency
24    and operational flexibility, including the ability of the
25    electric utility to integrate renewable energy resources
26    and make use of off-peak generation resources that support

 

 

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1    the operation of charging equipment.
2        (10) Widespread adoption of electric vehicles should
3    stimulate innovation, competition, and increased choices
4    in charging equipment and networks and should also attract
5    private capital investments and create high-quality jobs
6    in Illinois.
7    (b) As used in this Section:
8    "Agency" means the Environmental Protection Agency.
9    "Beneficial electrification programs" means programs that
10lower carbon dioxide emissions, replace fossil fuel use,
11create cost savings, improve electric grid operations, reduce
12increases to peak demand, improve electric usage load shape,
13and align electric usage with times of renewable generation.
14All beneficial electrification programs shall provide for
15incentives such that customers are induced to use electricity
16at times of low overall system usage or at times when
17generation from renewable energy sources is high. "Beneficial
18electrification programs" include a portfolio of the
19following:
20        (1) time-of-use electric rates;
21        (2) hourly pricing electric rates;
22        (3) optimized charging programs or programs that
23    encourage charging at times beneficial to the electric
24    grid;
25        (4) optional demand-response programs specifically
26    related to electrification efforts;

 

 

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1        (5) incentives for electrification and associated
2    infrastructure tied to using electricity at off-peak
3    times;
4        (6) incentives for electrification and associated
5    infrastructure targeted to medium-duty and heavy-duty
6    vehicles used by transit agencies;
7        (7) incentives for electrification and associated
8    infrastructure targeted to school buses;
9        (8) incentives for electrification and associated
10    infrastructure for medium-duty and heavy-duty government
11    and private fleet vehicles;
12        (9) low-income programs that provide access to
13    electric vehicles for communities where car ownership or
14    new car ownership is not common;
15        (10) incentives for electrification in eligible
16    communities;
17        (11) incentives or programs to enable quicker adoption
18    of electric vehicles by developing public charging
19    stations in dense areas, workplaces, and low-income
20    communities;
21        (12) incentives or programs to develop electric
22    vehicle infrastructure that minimizes range anxiety,
23    filling the gaps in deployment, particularly in rural
24    areas and along highway corridors;
25        (13) incentives to encourage the development of
26    electrification and renewable energy generation in close

 

 

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1    proximity in order to reduce grid congestion;
2        (14) offer support to low-income communities who are
3    experiencing financial and accessibility barriers such
4    that electric vehicle ownership is not an option; and
5        (15) other such programs as defined by the Commission.
6    "Black, indigenous, and people of color" or "BIPOC" means
7people who are members of the groups described in
8subparagraphs (a) through (e) of paragraph (A) of subsection
9(1) of Section 2 of the Business Enterprise for Minorities,
10Women, and Persons with Disabilities Act.
11    "Commission" means the Illinois Commerce Commission.
12    "Coordinator" means the Electric Vehicle Coordinator.
13    "Electric vehicle" means a vehicle that is exclusively
14powered by and refueled by electricity, must be plugged in to
15charge, and is licensed to drive on public roadways. "Electric
16vehicle" does not include electric motorcycles or hybrid
17electric vehicles and extended-range electric vehicles that
18are also equipped with conventional fueled propulsion or
19auxiliary engines.
20    "Electric vehicle charging station" means a station that
21delivers electricity from a source outside an electric vehicle
22into one or more electric vehicles.
23    "Environmental justice communities" means the definition
24of that term based on existing methodologies and findings,
25used and as may be updated by the Illinois Power Agency and its
26program administrator in the Illinois Solar for All Program.

 

 

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

 

 

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1    "Low-income" means persons and families whose income does
2not exceed 80% of the state median income for the current State
3fiscal year as established by the U.S. Department of Health
4and Human Services.
5    "Make-ready infrastructure" means the electrical and
6construction work necessary between the distribution circuit
7to the connection point of charging equipment.
8    "Optimized charging programs" mean programs whereby owners
9of electric vehicles can set their vehicles to be charged
10based on the electric system's current demand, retail or
11wholesale market rates, incentives, the carbon or other
12pollution intensity of the electric generation mix, the
13provision of grid services, efficient use of the electric
14grid, or the availability of clean energy generation.
15Optimized charging programs may be operated by utilities as
16well as third parties.
17    (c) The Commission shall initiate a workshop process no
18later than November 30, 2021 for the purpose of soliciting
19input on the design of beneficial electrification programs
20that the utility shall offer. The workshop shall be
21coordinated by the Staff of the Commission, or a facilitator
22retained by Staff, and shall be organized and facilitated in a
23manner that encourages representation from diverse
24stakeholders, including stakeholders representing
25environmental justice and low-income communities, and ensures
26equitable opportunities for participation, without requiring

 

 

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1formal intervention or representation by an attorney.
2    The stakeholder workshop process shall take into
3consideration the benefits of electric vehicle adoption and
4barriers to adoption, including:
5        (1) the benefit of lower bills for customers who do
6    not charge electric vehicles;
7        (2) benefits to the distribution system from electric
8    vehicle usage;
9        (3) the avoidance and reduction in capacity costs from
10    optimized charging and off-peak charging;
11        (4) energy price and cost reductions;
12        (5) environmental benefits, including greenhouse gas
13    emission and other pollution reductions;
14        (6) current barriers to mass-market adoption,
15    including cost of ownership and availability of charging
16    stations;
17        (7) current barriers to increasing access among
18    populations that have limited access to electric vehicle
19    ownership, communities significantly impacted by
20    transportation-related pollution, and market segments that
21    create disproportionate pollution impacts;
22        (8) benefits of and incentives for medium-duty and
23    heavy-duty fleet vehicle electrification;
24        (9) opportunities for eligible communities to benefit
25    from electrification;
26        (10) geographic areas and market segments that should

 

 

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1    be prioritized for electrification infrastructure
2    investment.
3    The workshops shall consider barriers, incentives,
4enabling rate structures, and other opportunities for the bill
5reduction and environmental benefits described in this
6subsection.
7    The workshop process shall conclude no later than February
828, 2022. Following the workshop, the Staff of the Commission,
9or the facilitator retained by the Staff, shall prepare and
10submit a report, no later than March 31, 2022, to the
11Commission that includes, but is not limited to,
12recommendations for transportation electrification investment
13or incentives in the following areas:
14        (i) publicly accessible Level 2 and fast-charging
15    stations, with a focus on bringing access to
16    transportation electrification in densely populated areas
17    and workplaces within eligible communities;
18        (ii) medium-duty and heavy-duty charging
19    infrastructure used by government and private fleet
20    vehicles that serve or travel through environmental
21    justice or eligible communities;
22        (iii) medium-duty and heavy-duty charging
23    infrastructure used in school bus operations, whether
24    private or public, that primarily serve governmental or
25    educational institutions, and also serve or travel through
26    environmental justice or eligible communities;

 

 

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1        (iv) public transit medium-duty and heavy-duty
2    charging infrastructure, developed in consultation with
3    public transportation agencies; and
4        (v) publicly accessible Level 2 and fast-charging
5    stations targeted to fill gaps in deployment, particularly
6    in rural areas and along State highway corridors.
7    The report must also identify the participants in the
8process, program designs proposed during the process,
9estimates of the costs and benefits of proposed programs, any
10material issues that remained unresolved at the conclusions of
11such process, and any recommendations for workshop process
12improvements. The report shall be used by the Commission to
13inform and evaluate the cost effectiveness and achievement of
14goals within the submitted Beneficial Electrification Plans.
15    (d) No later than July 1, 2022, electric utilities serving
16greater than 500,000 customers in the State shall file a
17Beneficial Electrification Plan with the Illinois Commerce
18Commission for programs that start no later than January 1,
192023. The plan shall take into consideration recommendations
20from the workshop report described in this Section. Within 45
21days after the filing of the Beneficial Electrification Plan,
22the Commission shall, with reasonable notice, open an
23investigation to consider whether the plan meets the
24objectives and contains the information required by this
25Section. The Commission shall determine if the proposed plan
26is cost-beneficial and in the public interest. When

 

 

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1considering if the plan is in the public interest and
2determining appropriate levels of cost recovery for
3investments and expenditures related to programs proposed by
4an electric utility, the Commission shall consider whether the
5investments and other expenditures are designed and reasonably
6expected to:
7        (1) maximize total energy cost savings and rate
8    reductions so that nonparticipants can benefit;
9        (2) address environmental justice interests by
10    ensuring there are significant opportunities for residents
11    and businesses in eligible communities to directly
12    participate in and benefit from beneficial electrification
13    programs;
14        (3) support at least a 40% investment of make-ready
15    infrastructure incentives to facilitate the rapid
16    deployment of charging equipment in or serving
17    environmental justice, low-income, and eligible
18    communities; however, nothing in this subsection is
19    intended to require a specific amount of spending in a
20    particular geographic area;
21        (4) support at least a 5% investment target in
22    electrifying medium-duty and heavy-duty school bus and
23    diesel public transportation vehicles located in or
24    serving environmental justice, low-income, and eligible
25    communities in order to provide those communities and
26    businesses with greater economic investment,

 

 

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1    transportation opportunities, and a cleaner environment so
2    they can directly benefit from transportation
3    electrification efforts; however, nothing in this
4    subsection is intended to require a specific amount of
5    spending in a particular geographic area;
6        (5) stimulate innovation, competition, private
7    investment, and increased consumer choices in electric
8    vehicle charging equipment and networks;
9        (6) contribute to the reduction of carbon emissions
10    and meeting air quality standards, including improving air
11    quality in eligible communities who disproportionately
12    suffer from emissions from the medium-duty and heavy-duty
13    transportation sector;
14        (7) support the efficient and cost-effective use of
15    the electric grid in a manner that supports electric
16    vehicle charging operations; and
17        (8) provide resources to support private investment in
18    charging equipment for uses in public and private charging
19    applications, including residential, multi-family, fleet,
20    transit, community, and corridor applications.
21    The plan shall be determined to be cost-beneficial if the
22total cost of beneficial electrification expenditures is less
23than the net present value of increased electricity costs
24(defined as marginal avoided energy, avoided capacity, and
25avoided transmission and distribution system costs) avoided by
26programs under the plan, the net present value of reductions

 

 

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1in other customer energy costs, net revenue from all electric
2charging in the service territory, and the societal value of
3reduced carbon emissions and surface-level pollutants,
4particularly in environmental justice communities. The
5calculation of costs and benefits should be based on net
6impacts, including the impact on customer rates.
7    The Commission shall approve, approve with modifications,
8or reject the plan within 270 days from the date of filing. The
9Commission may approve the plan if it finds that the plan will
10achieve the goals described in this Section and contains the
11information described in this Section. Proceedings under this
12Section shall proceed according to the rules provided by
13Article IX of the Public Utilities Act. Information contained
14in the approved plan shall be considered part of the record in
15any Commission proceeding under Section 16-107.6 of the Public
16Utilities Act, provided that a final order has not been
17entered prior to the initial filing date. The Beneficial
18Electrification Plan shall specifically address, at a minimum,
19the following:
20        (i) make-ready investments to facilitate the rapid
21    deployment of charging equipment throughout the State,
22    facilitate the electrification of public transit and other
23    vehicle fleets in the light-duty, medium-duty, and
24    heavy-duty sectors, and align with Agency-issued rebates
25    for charging equipment;
26        (ii) the development and implementation of beneficial

 

 

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1    electrification programs, including time-of-use rates and
2    their benefit for electric vehicle users and for all
3    customers, optimized charging programs to achieve savings
4    identified, and new contracts and compensation for
5    services in those programs, through signals that allow
6    electric vehicle charging to respond to local system
7    conditions, manage critical peak periods, serve as a
8    demand response or peak resource, and maximize renewable
9    energy use and integration into the grid;
10        (iii) optional commercial tariffs utilizing
11    alternatives to traditional demand-based rate structures
12    to facilitate charging for light duty, heavy duty, and
13    fleet electric vehicles;
14        (iv) financial and other challenges to electric
15    vehicle usage in low-income communities, and strategies
16    for overcoming those challenges, particularly in
17    communities and for people for whom car ownership is not
18    an option;
19        (v) methods of minimizing ratepayer impacts and
20    exempting or minimizing, to the extent possible,
21    low-income ratepayers from the costs associated with
22    facilitating the expansion of electric vehicle charging;
23        (vi) plans to increase access to Level 3 Public
24    Electric Vehicle Charging Infrastructure to serve vehicles
25    that need quicker charging times and vehicles of persons
26    who have no other access to charging infrastructure,

 

 

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1    regardless of whether those projects participate in
2    optimized charging programs;
3        (vii) whether to establish charging standards for type
4    of plugs eligible for investment or incentive programs,
5    and if so, what standards;
6        (viii) opportunities for coordination and cohesion
7    with electric vehicle and electric vehicle charging
8    equipment incentives established by any agency,
9    department, board, or commission of the State, any other
10    unit of government in the State, any national programs, or
11    any unit of the federal government;
12        (ix) ideas for the development of online tools,
13    applications, and data sharing that provide essential
14    information to those charging electric vehicles, and
15    enable an automated charging response to price signals,
16    emission signals, real-time renewable generation
17    production, and other Commission-approved or
18    customer-desired indicators of beneficial charging times;
19    and
20        (x) customer education, outreach, and incentive
21    programs that increase awareness of the programs and the
22    benefits of transportation electrification, including
23    direct outreach to eligible communities;
24    (e) Proceedings under this Section shall proceed according
25to the rules provided by Article IX of the Public Utilities
26Act. Information contained in the approved plan shall be

 

 

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1considered part of the record in any Commission proceeding
2under Section 16-107.6 of the Public Utilities Act, provided
3that a final order has not been entered prior to the initial
4filing date.
5    (f) The utility shall file an update to the plan on July 1,
62024 and every 3 years thereafter. This update shall describe
7transportation investments made during the prior plan period,
8investments planned for the following 24 months, and updates
9to the information required by this Section. Beginning with
10the first update, the utility shall develop the plan in
11conjunction with the distribution system planning process
12described in Section 16-105.17, including incorporation of
13stakeholder feedback from that process.
14    (g) Within 35 days after the utility files its report, the
15Commission shall, upon its own initiative, open an
16investigation regarding the utility's plan update to
17investigate whether the objectives described in this Section
18are being achieved. The Commission shall determine whether
19investment targets should be increased based on achievement of
20spending goals outlined in the Beneficial Electrification Plan
21and consistency with outcomes directed in the plan stakeholder
22workshop report. If the Commission finds, after notice and
23hearing, that the utility's plan is materially deficient, the
24Commission shall issue an order requiring the utility to
25devise a corrective action plan, subject to Commission
26approval, to bring the plan into compliance with the goals of

 

 

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1this Section. The Commission's order shall be entered within
2270 days after the utility files its annual report. The
3contents of a plan filed under this Section shall be available
4for evidence in Commission proceedings. However, omission from
5an approved plan shall not render any future utility
6expenditure to be considered unreasonable or imprudent. The
7Commission may, upon sufficient evidence, allow expenditures
8that were not part of any particular distribution plan. The
9Commission shall consider revenues from electric vehicles in
10the utility's service territory in evaluating the retail rate
11impact. The retail rate impact from the development of
12electric vehicle infrastructure shall not exceed 1% per year
13of the total annual revenue requirements of the utility.
14    (h) In meeting the requirements of this Section, the
15utility shall demonstrate efforts to increase the use of
16contractors and electric vehicle charging station installers
17that meet multiple workforce equity actions, including, but
18not limited to:
19        (1) the business is headquartered in or the person
20    resides in an eligible community;
21        (2) the business is majority owned by eligible person
22    or the contractor is an eligible person;
23        (3) the business or person is certified by another
24    municipal, State, federal, or other certification for
25    disadvantaged businesses;
26        (4) the business or person meets the eligibility

 

 

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1    criteria for a certification program such as:
2            (A) certified under Section 2 of the Business
3        Enterprise for Minorities, Women, and Persons with
4        Disabilities Act;
5            (B) certified by another municipal, State,
6        federal, or other certification for disadvantaged
7        businesses;
8            (C) submits an affidavit showing that the vendor
9        meets the eligibility criteria for a certification
10        program such as those in items (A) and (B); or
11            (D) if the vendor is a nonprofit, meets any of the
12        criteria in those in item (A), (B), or (C) with the
13        exception that the nonprofit is not required to meet
14        any criteria related to being a for-profit entity, or
15        is controlled by a board of directors that consists of
16        51% or greater individuals who are equity investment
17        eligible persons; or
18            (E) ensuring that program implementation
19        contractors and electric vehicle charging station
20        installers pay employees working on electric vehicle
21        charging installations at or above the prevailing wage
22        rate as published by the Department of Labor.
23    Utilities shall establish reporting procedures for vendors
24that ensure compliance with this subsection, but are
25structured to avoid, wherever possible, placing an undue
26administrative burden on vendors.

 

 

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1    (i) Program data collection.
2        (1) In order to ensure that the benefits provided to
3    Illinois residents and business by the clean energy
4    economy are equitably distributed across the State, it is
5    necessary to accurately measure the applicants and
6    recipients of this Program. The purpose of this paragraph
7    is to require the implementing utilities to collect all
8    data from Program applicants and beneficiaries to track
9    and improve equitable distribution of benefits across
10    Illinois communities. The further purpose is to measure
11    any potential impact of racial discrimination on the
12    distribution of benefits and provide the utilities the
13    information necessary to correct any discrimination
14    through methods consistent with State and federal law.
15        (2) The implementing utilities shall collect
16    demographic and geographic data for each applicant and
17    each person or business awarded benefits or contracts
18    under this Program.
19        (3) The implementing utilities shall collect the
20    following information from applicants and Program or
21    procurement beneficiaries where applicable:
22            (A) demographic information, including racial or
23        ethnic identity for real persons employed, contracted,
24        or subcontracted through the program;
25            (B) demographic information, including racial or
26        ethnic identity of business owners;

 

 

SB2408 Enrolled- 211 -LRB102 11366 BMS 16699 b

1            (C) geographic location of the residency of real
2        persons or geographic location of the headquarters for
3        businesses; and
4            (D) any other information necessary for the
5        purpose of achieving the purpose of this paragraph.
6        (4) The utility shall publish, at least annually,
7    aggregated information on the demographics of program and
8    procurement applicants and beneficiaries. The utilities
9    shall protect personal and confidential business
10    information as necessary.
11        (5) The utilities shall conduct a regular review
12    process to confirm the accuracy of reported data.
13        (6) On a quarterly basis, utilities shall collect data
14    necessary to ensure compliance with this Section and shall
15    communicate progress toward compliance to program
16    implementation contractors and electric vehicle charging
17    station installation vendors.
18        (7) Utilities filing Beneficial Electrification Plans
19    under this Section shall report annually to the Illinois
20    Commerce Commission and the General Assembly on how
21    hiring, contracting, job training, and other practices
22    related to its Beneficial electrification programs enhance
23    the diversity of vendors working on such programs. These
24    reports must include data on vendor and employee
25    diversity.
26    (j) The provisions of this Section are severable under

 

 

SB2408 Enrolled- 212 -LRB102 11366 BMS 16699 b

1Section 1.31 of the Statute on Statutes.
 
2    (20 ILCS 627/55 new)
3    Sec. 55. Charging rebate program.
4    (a) In order to substantially offset the installation
5costs of electric vehicle charging infrastructure, beginning
6July 1, 2022, and continuing as long as funds are available,
7the Agency shall issue rebates, consistent with the
8Commission-approved Beneficial Electrification Plans in
9accordance with Section 45, to public and private
10organizations and companies to install and maintain Level 2 or
11Level 3 charging stations.
12    (b) The Agency shall award rebates or grants that fund up
13to 80% of the cost of the installation of charging stations.
14The Agency shall award additional incentives per port for
15every charging station installed in an eligible community and
16every charging station located to support eligible persons. In
17order to be eligible to receive a rebate or grant, the
18organization or company must submit an application to the
19Agency and commit to paying the prevailing wage for the
20installation project. The Agency shall by rule provide
21application and other programmatic details and requirements,
22including additional incentives for eligible communities. The
23Agency may determine per port or project caps based on a review
24of best practices and stakeholder engagem