HB4412 EnrolledLRB102 22343 SPS 31480 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 10. The Civil Administrative Code of Illinois is
5amended by changing Section 5-222 as follows:
6    (20 ILCS 5/5-222)
7    Sec. 5-222. Director of the Illinois Power Agency. The
8Director of the Illinois Power Agency must have at least 10 15
9years of combined experience in the electric industry,
10electricity policy, or electricity markets and must possess:
11(i) general knowledge of the responsibilities of being a
12director, (ii) managerial experience, and (iii) an advanced
13degree in economics, risk management, law, business,
14engineering, or a related field. The Director of Illinois
15Power Agency must have experience with the renewable energy
16industry and understanding of the programs established by
17Public Act 102-662 intended to promote equity in the renewable
18energy industry.
19(Source: P.A. 95-481, eff. 8-28-07.)
20    Section 15. The Department of Commerce and Economic
21Opportunity Law is amended by adding Section 1105 as follows:



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1    (20 ILCS 605/1105 new)
2    Sec. 1105. Power price mitigation assistance. Subject to
3appropriation from such funds made available, the Department
4shall reimburse up to $200,000,000 to an eligible electric
5utility serving adversely impacted residential and small
6commercial customers pursuant to Section 16-107.7 of the
7Public Utilities Act. This Section is repealed December 31,
9    Section 20. The Energy Transition Act is amended by
10changing Section 5-40 as follows:
11    (20 ILCS 730/5-40)
12    (Section scheduled to be repealed on September 15, 2045)
13    Sec. 5-40. Illinois Climate Works Preapprenticeship
15    (a) Subject to appropriation, the Department shall
16develop, and through Regional Administrators administer, the
17Illinois Climate Works Preapprenticeship Program. The goal of
18the Illinois Climate Works Preapprenticeship Program is to
19create a network of hubs throughout the State that will
20recruit, prescreen, and provide preapprenticeship skills
21training, for which participants may attend free of charge and
22receive a stipend, to create a qualified, diverse pipeline of
23workers who are prepared for careers in the construction and
24building trades and clean energy jobs opportunities therein.



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



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1    (c) Subject to appropriation, the Department shall provide
2funding to 3 Climate Works Hubs throughout the State,
3including one to the Illinois Department of Transportation
4Region 1, one to the Illinois Department of Transportation
5Regions 2 and 3, and one to the Illinois Department of
6Transportation Regions 4 and 5. An eligible organization may
7serve as the designated Climate Works Hub for all 5 regions.
8Climate Works Hubs shall be awarded grants in multi-year
9increments not to exceed 36 months. Each grant shall come with
10a one year initial term, with the Department renewing each
11year for 2 additional years unless the grantee either declines
12to continue or fails to meet reasonable performance measures
13that consider apprenticeship programs timeframes. The
14Department shall initially select a community-based provider
15in each region and shall subsequently select a community-based
16provider in each region every 3 years. The Department may take
17into account experience and performance as a previous grantee
18of the Climate Works Hub as part of the selection criteria for
19subsequent years.
20    (d) Each Climate Works Hub that receives funding from the
21Energy Transition Assistance Fund shall:
22        (1) recruit, prescreen, and provide preapprenticeship
23    training to equity investment eligible persons;
24        (2) provide training information related to
25    opportunities and certifications relevant to clean energy
26    jobs in the construction and building trades; and



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1        (3) provide preapprentices with stipends they receive
2    that may vary depending on the occupation the individual
3    is training for.
4    (d-5) Priority shall be given to Climate Works Hubs that
5have an agreement with North American Building Trades Unions
6(NABTU) to utilize the Multi-Craft Core Curriculum or
7successor curriculums.
8    (e) Funding for the Program is subject to appropriation
9from the Energy Transition Assistance Fund.
10    (f) The Department shall adopt any rules deemed necessary
11to implement this Section.
12(Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22.)
13    Section 25. The Illinois Power Agency Act is amended by
14changing Section 1-70 as follows:
15    (20 ILCS 3855/1-70)
16    Sec. 1-70. Agency officials.
17    (a) The Agency shall have a Director who meets the
18qualifications specified in Section 5-222 of the Civil
19Administrative Code of Illinois.
20    (b) Within the Illinois Power Agency, the Agency shall
21establish a Planning and Procurement Bureau and may establish
22a Resource Development Bureau. Each Bureau shall report to the
24    (c) The Chief of the Planning and Procurement Bureau shall



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1be appointed by the Director, at the Director's sole
2discretion, and (i) shall have at least 5 years of direct
3experience in electricity supply planning and procurement and
4(ii) shall also hold an advanced degree in risk management,
5law, business, or a related field.
6    (d) The Chief of the Resource Development Bureau may be
7appointed by the Director and (i) shall have at least 5 years
8of direct experience in electric generating project
9development and (ii) shall also hold an advanced degree in
10economics, engineering, law, business, or a related field.
11    (e) For terms beginning on or after the effective date of
12this amendatory Act of the 102nd General Assembly ending
13before December 31, 2019, the Director shall receive an annual
14salary in an amount equal to the annual salary provided to the
15Director of the Environmental Protection Agency under Section
164 of the Environmental Protection Act of $100,000 or as set by
17the Executive Ethics Commission based on a review of
18comparable State agency director salaries, whichever is
19higher. No annual salary for the Director or a Bureau Chief
20shall exceed the amount of salary set by law for the Governor
21that is in effect on July 1 of that fiscal year.
22    (f) The Director and Bureau Chiefs shall not, for 2 years
23prior to employment appointment or for 2 years after he or she
24leaves his or her position, be employed as a full time employee
25of by an electric utility, independent power producer, power
26marketer, or alternative retail electric supplier regulated by



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1the Commission or the Federal Energy Regulatory Commission.
2The Director and Bureau Chiefs shall not, for 2 years after he
3or she leaves his or her position, be employed by an electric
4utility, independent power producer, power marketer, or
5alternative retail electric supplier regulated by the
6Commission or the Federal Energy Regulatory Commission.
7    (g) The Director and Bureau Chiefs are prohibited from:
8(i) owning, directly or indirectly, 5% or more of the voting
9capital stock of an electric utility, independent power
10producer, power marketer, or alternative retail electric
11supplier; (ii) being in any chain of successive ownership of
125% or more of the voting capital stock of any electric utility,
13independent power producer, power marketer, or alternative
14retail electric supplier; (iii) receiving any form of
15compensation, fee, payment, or other consideration from an
16electric utility, independent power producer, power marketer,
17or alternative retail electric supplier, including legal fees,
18consulting fees, bonuses, or other sums. These limitations do
19not apply to any compensation received pursuant to a defined
20benefit plan or other form of deferred compensation, provided
21that the individual has otherwise severed all ties to the
22utility, power producer, power marketer, or alternative retail
23electric supplier.
24(Source: P.A. 102-662, eff. 9-15-21.)
25    Section 30. The Counties Code is amended by changing



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1Section 5-12020 as follows:
2    (55 ILCS 5/5-12020)
3    Sec. 5-12020. Commercial Wind farms, electric-generating
4wind devices, and commercial wind energy facilities and
5commercial solar energy facilities.
6    (a) As used in this Section:
7    "Commercial solar energy facility" means a "commercial
8solar energy system" as defined in Section 10-720 of the
9Property Tax Code. "Commercial solar energy facility" does not
10mean a utility-scale solar energy facility being constructed
11at a site that was eligible to participate in a procurement
12event conducted by the Illinois Power Agency pursuant to
13subsection (c-5) of Section 1-75 of the Illinois Power Agency
15    "Commercial wind energy facility" means a wind energy
16conversion facility of equal or greater than 500 kilowatts in
17total nameplate generating capacity. "Commercial wind energy
18facility" includes a wind energy conversion facility seeking
19an extension of a permit to construct granted by a county or
20municipality before the effective date of this amendatory Act
21of the 102nd General Assembly.
22    "Facility owner" means (i) a person with a direct
23ownership interest in a commercial wind energy facility or a
24commercial solar energy facility, or both, regardless of
25whether the person is involved in acquiring the necessary



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1rights, permits, and approvals or otherwise planning for the
2construction and operation of the facility, and (ii) at the
3time the facility is being developed, a person who is acting as
4a developer of the facility by acquiring the necessary rights,
5permits, and approvals or by planning for the construction and
6operation of the facility, regardless of whether the person
7will own or operate the facility.
8    "Nonparticipating property" means real property that is
9not a participating property.
10    "Nonparticipating residence" means a residence that is
11located on nonparticipating property and that is existing and
12occupied on the date that an application for a permit to
13develop the commercial wind energy facility or the commercial
14solar energy facility is filed with the county.
15    "Occupied community building" means any one or more of the
16following buildings that is existing and occupied on the date
17that the application for a permit to develop the commercial
18wind energy facility or the commercial solar energy facility
19is filed with the county: a school, place of worship, day care
20facility, public library, or community center.
21    "Participating property" means real property that is the
22subject of a written agreement between a facility owner and
23the owner of the real property that provides the facility
24owner an easement, option, lease, or license to use the real
25property for the purpose of constructing a commercial wind
26energy facility, a commercial solar energy facility, or



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1supporting facilities. "Participating property" also includes
2real property that is owned by a facility owner for the purpose
3of constructing a commercial wind energy facility, a
4commercial solar energy facility, or supporting facilities.
5    "Participating residence" means a residence that is
6located on participating property and that is existing and
7occupied on the date that an application for a permit to
8develop the commercial wind energy facility or the commercial
9solar energy facility is filed with the county.
10    "Protected lands" means real property that is:
11        (1) subject to a permanent conservation right
12    consistent with the Real Property Conservation Rights Act;
13    or
14        (2) registered or designated as a nature preserve,
15    buffer, or land and water reserve under the Illinois
16    Natural Areas Preservation Act.
17    "Supporting facilities" means the transmission lines,
18substations, access roads, meteorological towers, storage
19containers, and equipment associated with the generation and
20storage of electricity by the commercial wind energy facility
21or commercial solar energy facility.
22    "Wind tower" includes the wind turbine tower, nacelle, and
24    (b) Notwithstanding any other provision of law or whether
25the county has formed a zoning commission and adopted formal
26zoning under Section 5-12007, a county may establish standards



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1for commercial wind energy facilities, commercial solar energy
2facilities, or both wind farms and electric-generating wind
3devices. The standards may include all of the requirements
4specified in this Section but may not include requirements for
5commercial wind energy facilities or commercial solar energy
6facilities that are more restrictive than specified in this
7Section , without limitation, the height of the devices and the
8number of devices that may be located within a geographic
9area. A county may also regulate the siting of commercial wind
10energy facilities with standards that are not more restrictive
11than the requirements specified in this Section wind farms and
12electric-generating wind devices in unincorporated areas of
13the county that are outside of the zoning jurisdiction of a
14municipality and that are outside the 1.5-mile radius
15surrounding the zoning jurisdiction of a municipality.
16    (c) If a county has elected to establish standards under
17subsection (b), before the county grants siting approval or a
18special use permit for a commercial wind energy facility or a
19commercial solar energy facility, or modification of an
20approved siting or special use permit, the county board of the
21county in which the facility is to be sited or the zoning board
22of appeals for the county shall hold There shall be at least
23one public hearing. The public hearing shall be conducted in
24accordance with the Open Meetings Act and shall be held not
25more than 45 days after the filing of the application for the
26facility. The county shall allow interested parties to a



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1special use permit an opportunity to present evidence and to
2cross-examine witnesses at the hearing, but the county may
3impose reasonable restrictions on the public hearing,
4including reasonable time limitations on the presentation of
5evidence and the cross-examination of witnesses. The county
6shall also allow public comment at the public hearing in
7accordance with the Open Meetings Act. The county shall make
8its siting and permitting decisions not more than 30 days
9after the conclusion of the public hearing prior to a siting
10decision by the county board. Notice of the hearing shall be
11published in a newspaper of general circulation in the county.
12A commercial wind energy facility owner, as defined in the
13Renewable Energy Facilities Agricultural Impact Mitigation
14Act, must enter into an agricultural impact mitigation
15agreement with the Department of Agriculture prior to the date
16of the required public hearing. A commercial wind energy
17facility owner seeking an extension of a permit granted by a
18county prior to July 24, 2015 (the effective date of Public Act
1999-132) must enter into an agricultural impact mitigation
20agreement with the Department of Agriculture prior to a
21decision by the county to grant the permit extension. Counties
22may allow test wind towers or test solar energy systems to be
23sited without formal approval by the county board. Any
24provision of a county zoning ordinance pertaining to wind
25farms that is in effect before August 16, 2007 (the effective
26date of Public Act 95-203) may continue in effect



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1notwithstanding any requirements of this Section.
2    (d) A county with an existing zoning ordinance in conflict
3with this Section shall amend that zoning ordinance to be in
4compliance with this Section within 120 days after the
5effective date of this amendatory Act of the 102nd General
7    (e) A county may not require:
8        (1) a wind tower of a commercial wind energy facility
9    to be sited as follows, with setback distances measured
10    from the center of the base of the wind tower: or other
11    renewable energy system that is used exclusively by an end
12    user to be setback more than 1.1 times the height of the
13    renewable energy system from the end user's property line.
14Setback Description           Setback Distance
15Occupied Community            2.1 times the maximum blade tip
16Buildings                     height of the wind tower to the
17                              nearest point on the outside
18                              wall of the structure
19Participating Residences      1.1 times the maximum blade tip
20                              height of the wind tower to the
21                              nearest point on the outside
22                              wall of the structure



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1Nonparticipating Residences   2.1 times the maximum blade tip
2                              height of the wind tower to the
3                              nearest point on the outside
4                              wall of the structure
5Boundary Lines of             None
6Participating Property 
7Boundary Lines of             1.1 times the maximum blade tip
8Nonparticipating Property     height of the wind tower to the
9                              nearest point on the property
10                              line of the nonparticipating
11                              property
12Public Road Rights-of-Way     1.1 times the maximum blade tip
13                              height of the wind tower
14                              to the center point of the
15                              public road right-of-way
16Overhead Communication and    1.1 times the maximum blade tip
17Electric Transmission         height of the wind tower to the
18and Distribution Facilities   nearest edge of the property
19(Not Including Overhead       line, easement, or right of 
21Utility Service Lines to      containing the overhead line
22Individual Houses or



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2Overhead Utility Service      None
3Lines to Individual
4Houses or Outbuildings
5Fish and Wildlife Areas       2.1 times the maximum blade
6and Illinois Nature           tip height of the wind tower
7Preserve Commission           to the nearest point on the
8Protected Lands               property line of the fish and
9                              wildlife area or protected
10                              land
11    This Section does not exempt or excuse compliance with
12    electric facility clearances approved or required by the
13    National Electrical Code, The National Electrical Safety
14    Code, Illinois Commerce Commission, Federal Energy
15    Regulatory Commission, and their designees or successors.
16        (2) a wind tower of a commercial wind energy facility
17    to be sited so that industry standard computer modeling
18    indicates that any occupied community building or
19    nonparticipating residence will not experience more than
20    30 hours per year of shadow flicker under planned
21    operating conditions;
22        (3) a commercial solar energy facility to be sited as
23    follows, with setback distances measured from the nearest



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1    edge of any component of the facility:
2Setback Description           Setback Distance
3Occupied Community            150 feet from the nearest
4Buildings and Dwellings on    point on the outside wall 
5Nonparticipating Properties   of the structure
6Boundary Lines of             None
7Participating Property    
8Public Road Rights-of-Way     50 feet from the nearest
9                              edge
10Boundary Lines of             50 feet to the nearest
11Nonparticipating Property     point on the property
12                              line of the nonparticipating
13                              property
14        (4) a commercial solar energy facility to be sited so
15    that the facility's perimeter is enclosed by fencing
16    having a height of at least 6 feet and no more than 25
17    feet; and
18        (5) a commercial solar energy facility to be sited so
19    that no component of a solar panel has a height of more
20    than 20 feet above ground when the solar energy facility's



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1    arrays are at full tilt.
2    The requirements set forth in this subsection (e) may be
3waived subject to the written consent of the owner of each
4affected nonparticipating property.
5    (f) A county may not set a sound limitation for wind towers
6in commercial wind energy facilities or any components in
7commercial solar energy facility that is more restrictive than
8the sound limitations established by the Illinois Pollution
9Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910.
10    (g) A county may not place any restriction on the
11installation or use of a commercial wind energy facility or a
12commercial solar energy facility unless it adopts an ordinance
13that complies with this Section. A county may not establish
14siting standards for supporting facilities that preclude
15development of commercial wind energy facilities or commercial
16solar energy facilities.
17    A request for siting approval or a special use permit for a
18commercial wind energy facility or a commercial solar energy
19facility, or modification of an approved siting or special use
20permit, shall be approved if the request is in compliance with
21the standards and conditions imposed in this Act, the zoning
22ordinance adopted consistent with this Code, and the
23conditions imposed under State and federal statutes and
25    (h) A county may not adopt zoning regulations that
26disallow, permanently or temporarily, commercial wind energy



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1facilities or commercial solar energy facilities from being
2developed or operated in any district zoned to allow
3agricultural or industrial uses.
4    (i) A county may not require permit application fees for a
5commercial wind energy facility or commercial solar energy
6facility that are unreasonable. All application fees imposed
7by the county shall be consistent with fees for projects in the
8county with similar capital value and cost.
9    (j) Except as otherwise provided in this Section, a county
10shall not require standards for construction, decommissioning,
11or deconstruction of a commercial wind energy facility or
12commercial solar energy facility or related financial
13assurances that are more restrictive than those included in
14the Department of Agriculture's standard wind farm
15agricultural impact mitigation agreement, template 81818, or
16standard solar agricultural impact mitigation agreement,
17version 8.19.19, as applicable and in effect on December 31,
182022. The amount of any decommissioning payment shall be
19limited to the cost identified in the decommissioning or
20deconstruction plan, as required by those agricultural impact
21mitigation agreements, minus the salvage value of the project.
22    (k) A county may not condition approval of a commercial
23wind energy facility or commercial solar energy facility on a
24property value guarantee and may not require a facility owner
25to pay into a neighboring property devaluation escrow account.
26    (l) A county may require certain vegetative screening



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1surrounding a commercial wind energy facility or commercial
2solar energy facility but may not require earthen berms or
3similar structures.
4    (m) A county may set blade tip height limitations for wind
5towers in commercial wind energy facilities but may not set a
6blade tip height limitation that is more restrictive than the
7height allowed under a Determination of No Hazard to Air
8Navigation by the Federal Aviation Administration under 14 CFR
9Part 77.
10    (n) A county may require that a commercial wind energy
11facility owner or commercial solar energy facility owner
13        (1) the results and recommendations from consultation
14    with the Illinois Department of Natural Resources that are
15    obtained through the Ecological Compliance Assessment Tool
16    (EcoCAT) or a comparable successor tool; and
17        (2) the results of the United States Fish and Wildlife
18    Service's Information for Planning and Consulting
19    environmental review or a comparable successor tool that
20    is consistent with (i) the "U.S. Fish and Wildlife
21    Service's Land-Based Wind Energy Guidelines" and (ii) any
22    applicable United States Fish and Wildlife Service solar
23    wildlife guidelines that have been subject to public
24    review.
25    Only a county may establish standards for wind farms,
26electric-generating wind devices, and commercial wind energy



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1facilities, as that term is defined in Section 10 of the
2Renewable Energy Facilities Agricultural Impact Mitigation
3Act, in unincorporated areas of the county outside of the
4zoning jurisdiction of a municipality and outside the 1.5 mile
5radius surrounding the zoning jurisdiction of a municipality.
6    (o) A county may require a commercial wind energy facility
7or commercial solar energy facility to adhere to the
8recommendations provided by the Illinois Department of Natural
9Resources in an EcoCAT natural resource review report under 17
10Ill. Admin. Code Part 1075.
11    (p) A county may require a facility owner to:
12        (1) demonstrate avoidance of protected lands as
13    identified by the Illinois Department of Natural Resources
14    and the Illinois Nature Preserve Commission; or
15        (2) consider the recommendations of the Illinois
16    Department of Natural Resources for setbacks from
17    protected lands, including areas identified by the
18    Illinois Nature Preserve Commission.
19    (q) A county may require that a facility owner provide
20evidence of consultation with the Illinois State Historic
21Preservation Office to assess potential impacts on
22State-registered historic sites under the Illinois State
23Agency Historic Resources Preservation Act.
24    (r) To maximize community benefits, including, but not
25limited to, reduced stormwater runoff, flooding, and erosion
26at the ground mounted solar energy system, improved soil



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1health, and increased foraging habitat for game birds,
2songbirds, and pollinators, a county may (1) require a
3commercial solar energy facility owner to plant, establish,
4and maintain for the life of the facility vegetative ground
5cover, consistent with the goals of the Pollinator-Friendly
6Solar Site Act and (2) require the submittal of a vegetation
7management plan in the application to construct and operate a
8commercial solar energy facility in the county.
9    No later than 90 days after the effective date of this
10amendatory Act of the 102nd General Assembly, the Illinois
11Department of Natural Resources shall develop guidelines for
12vegetation management plans that may be required under this
13subsection for commercial solar energy facilities. The
14guidelines must include guidance for short-term and long-term
15property management practices that provide and maintain native
16and non-invasive naturalized perennial vegetation to protect
17the health and well-being of pollinators.
18    (s) If a facility owner enters into a road use agreement
19with the Illinois Department of Transportation, a road
20district, or other unit of local government relating to a
21commercial wind energy facility or a commercial solar energy
22facility, the road use agreement shall require the facility
23owner to be responsible for (i) the reasonable cost of
24improving roads used by the facility owner to construct the
25commercial wind energy facility or the commercial solar energy
26facility and (ii) the reasonable cost of repairing roads used



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1by the facility owner during construction of the commercial
2wind energy facility or the commercial solar energy facility
3so that those roads are in a condition that is safe for the
4driving public after the completion of the facility's
5construction. Roadways improved in preparation for and during
6the construction of the commercial wind energy facility or
7commercial solar energy facility shall be repaired and
8restored to the improved condition at the reasonable cost of
9the developer if the roadways have degraded or were damaged as
10a result of construction-related activities.
11    The road use agreement shall not require the facility
12owner to pay costs, fees, or charges for road work that is not
13specifically and uniquely attributable to the construction of
14the commercial wind energy facility or the commercial solar
15energy facility. Road-related fees, permit fees, or other
16charges imposed by the Illinois Department of Transportation,
17a road district, or other unit of local government under a road
18use agreement with the facility owner shall be reasonably
19related to the cost of administration of the road use
21    (t) Notwithstanding any other provision of law, a facility
22owner with siting approval from a county to construct a
23commercial wind energy facility or a commercial solar energy
24facility is authorized to cross or impact a drainage system,
25including, but not limited to, drainage tiles, open drainage
26districts, culverts, and water gathering vaults, owned or



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1under the control of a drainage district under the Illinois
2Drainage Code without obtaining prior agreement or approval
3from the drainage district, except that the facility owner
4shall repair or pay for the repair of all damage to the
5drainage system caused by the construction of the commercial
6wind energy facility or the commercial solar energy facility
7within a reasonable time after construction of the commercial
8wind energy facility or the commercial solar energy facility
9is complete.
10    (u) The amendments to this Section adopted in this
11amendatory Act of the 102nd General Assembly do not apply to
12(1) an application for siting approval or for a special use
13permit for a commercial wind energy facility or commercial
14solar energy facility if the application was submitted to a
15unit of local government before the effective date of this
16amendatory Act of the 102nd General Assembly or (2) a
17commercial wind energy facility or a commercial solar energy
18facility if the facility owner has submitted an agricultural
19impact mitigation agreement to the Department of Agriculture
20before the effective date of this amendatory Act of the 102nd
21General Assembly.
22(Source: P.A. 100-598, eff. 6-29-18; 101-4, eff. 4-19-19.)
23    Section 35. The Public Utilities Act is amended by
24changing Section 8-402.2 as follows:



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1    (220 ILCS 5/8-402.2)
2    Sec. 8-402.2. Public Schools Carbon-Free Assessment
4    (a) Within one year after the effective date of this
5amendatory Act of the 102nd General Assembly, each electric
6utility serving over 500,000 retail customers in this State
7shall implement a Public Schools Carbon-Free Assessment
9    (b) Each utility's Public Schools Carbon-Free Assessment
10program shall include the following requirements:
11        (1) Each plan shall be designed to offer within the
12    utility's service territory to assist public schools, as
13    defined by Section 1-3 of the School Code, to increase the
14    efficiency of their energy usage, to reduce the carbon
15    emissions associated with their energy usage, and to move
16    toward a goal of public schools being carbon-free in their
17    energy usage by 2030. The program shall include a target
18    of completing Public Schools Carbon-Free Assessment for
19    all public schools in the utility's service territory by
20    December 31, 2029.
21        (2) The Public Schools Carbon-Free Assessment shall be
22    a generally standardized assessment, but may incorporate
23    flexibility to reflect the circumstances of individual
24    public schools and public school districts.
25        (3) The Public Schools Carbon-Free Assessment shall
26    include, but not be limited to, comprehensive analyses of



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1    the following subjects:
2            (A) The top energy efficiency savings
3        opportunities for the public school, by energy saved;
4            (B) The total achievable solar energy potential on
5        or nearby a public school's premises and able to
6        provide power to a school;
7            (C) The infrastructure required to support
8        electrification of the facility's space heating and
9        water heating needs;
10            (D) The infrastructure requirements to support
11        electrification of a school's transportation needs;
12        and
13            (E) The investments required to achieve a WELL
14        Certification or similar certification as determined
15        through methods developed and updated by the
16        International WELL Building Institute or similar or
17        successor organizations.
18        (4) The Public Schools Carbon-Free Assessment also
19    shall include, but not be limited to, mechanical
20    insulation evaluation inspection and inspection of the
21    building envelope(s).
22        (5) With respect to those public school construction
23    projects for public schools within the service territory
24    of a utility serving over 500,000 retail customers in this
25    State and for which a public school district applies for a
26    grant under Section 5-40 of the School Construction Law on



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1    or after June 1, 2023, the district must submit a copy of
2    the applicable Public Schools Carbon-Free Assessment
3    report, or, if no such Public Schools Carbon-Free
4    Assessment has been performed, request the applicable
5    utility to perform such a Public Schools Carbon-Free
6    Assessment and submit a copy of the Public Schools
7    Carbon-Free Assessment report promptly when it becomes
8    available. The Public Schools Carbon-Free Assessment
9    report shall include, but not limited to, an energy audit
10    of both the building envelope and the building's
11    mechanical insulation system. It shall also include an
12    inspection of both the building envelope and the
13    mechanical insulation system. The district must
14    demonstrate how the construction project is designed and
15    managed to achieve the goals that all public elementary
16    and secondary school facilities in the State are able to
17    be powered by clean energy by 2030, and for such
18    facilities to achieve carbon-free energy sources for space
19    heat, water heat, and transportation by 2050.
20        (6) The results of each Public Schools Carbon-Free
21    Assessment shall be memorialized by the utility or by a
22    third party acting on behalf of the utility in a
23    non-confidential usable report form that includes
24    recommendations and redacts all confidential information
25    and shall be provided to the applicable public school.
26    Each utility shall be required to retain a copy of each



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1    Public Schools Carbon-Free Assessment report and to
2    provide confidential copies of each non-confidential
3    report to the Illinois Power Agency and the Illinois
4    Capital Development Board within 3 months of its
5    completion. The Illinois Power Agency shall promptly make
6    the results of each non-confidential report available for
7    public inspection on its website.
8        (7) The Public Schools Carbon-Free Assessment shall be
9    conducted in coordination with each utility's energy
10    efficiency and demand-response plans under Sections 8-103,
11    8-103A, and 8-103B of this Act, to the extent applicable.
12    Nothing in this Section is intended to modify or require
13    modification of those plans. However, the utility may
14    request a modification of a plan approved by the
15    Commission, and the Commission may approve the requested
16    modification, if the modification is consistent with the
17    provisions of this Section and Section 8-103B of this Act.
18        (8) If there are no other providers of assessments
19    that are substantively the same as those being performed
20    by utilities pursuant to this Section by 2024, a utility
21    that has a Public Schools Carbon-Free Assessment program
22    may offer assessments to public schools that are not
23    served by a utility subject to this Section at the
24    utility's cost.
25        (9) The Public Schools Carbon-Free Assessment shall be
26    offered to and performed for public schools in the



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1    utility's service territory on a complimentary basis by
2    each utility, with no Assessment fee charged to the public
3    schools for the Assessments. Nothing in this Section is
4    intended to prohibit the utility from recovering through
5    rates approved by the Commission the utility's prudent and
6    reasonable costs of complying with this Section.
7        (10) Utilities shall make efforts to prioritize the
8    completion of Public Schools Carbon-Free Assessments for
9    the following school districts by December 31, 2022: East
10    St. Louis School District 189, Harvey School District 152,
11    Thornton Township High School District 205. Utilities
12    shall also prioritize the completion of Public Schools
13    Carbon-Free Assessments for schools located within
14    environmental justice communities or schools that are
15    categorized as a Tier 1 or Tier 2 school based on the
16    latest annual evidence-based funding distribution process
17    by the State Board of Education.
18(Source: P.A. 102-662, eff. 9-15-21.)
19    Section 40. The Public Utilities Act is amended by adding
20Section 16-107.7 as follows:
21    (220 ILCS 5/16-107.7 new)
22    Sec. 16-107.7. Power price mitigation rebate.
23    (a) Illinois electric utility customers have been impacted
24by unanticipated changes to electric power and capacity prices



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1during a period of economic hardship associated with recent
2global events, including increasing gas prices due to the
3Russian invasion of Ukraine and the COVID-19 pandemic. The
4recent power and capacity procurement events affect the market
5prices paid by customers. Accordingly, as many customers have
6experienced increased electric utility bill impacts due to the
7increase in electric power and capacity prices, it is the
8policy of the State to assist qualifying customers through a
9power price mitigation rebate for the June 2023 through
10October 2024 electric utility billing cycle. As used in this
11Section, "small commercial customer" means those
12nonresidential retail customers of an electric utility
13consuming 15,000 kilowatt-hours or less of electricity
14annually in its service area whose service has not yet been
15declared competitive pursuant to Section 16-113.
16    (b) Any electric utility serving adversely impacted
17residential and small commercial customers shall notify the
18Commission by April 15, 2023 of the same and provide the
19results of the calculations set forth in this subsection. As
20used in this Section, "electric utility serving adversely
21impacted residential and small commercial customers" means any
22electric utility that can demonstrate that the utility default
23power supply rate procured from the Illinois Power Agency and
24available to its residential and small commercial customers
25has experienced, or will experience, a more than 90%
26year-over-year total supply charge increase, as calculated by



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1comparing the total supply charge effective on June 1, 2021,
2as reported by the electric utility to the Commission pursuant
3to subsection (i) of Section 16-111.5, and the total supply
4charge effective on June 1, 2022, as reported to the
5Commission pursuant to subsection (i) of Section 16-111.5. The
6total supply charge effective on June 1, 2021, and June 1,
72022, respectively, as reported pursuant to subsection (i) of
8Section 16-111.5, shall be used to calculate an electric
9utility's qualification under this Section and no other
10adjustments shall be made for purposes of the calculation,
11including, but not limited to, any transmission costs,
12purchased electricity adjustments, or any other credits. Any
13small multijurisdictional electric utility that relies upon
14company-owned generation resources, including fossil fueled
15generation, to supply the majority of its eligible State
16retail customers' energy and capacity needs shall be
17ineligible to file a notice or receive funding for rebate
18credits pursuant to this Section. The Commission shall have 5
19days from the date of receipt of the utility's notice to review
20the calculations and notify the electric utility as to whether
21it qualifies as an electric utility serving adversely impacted
22residential and small commercial customers under this Section.
23    (c) Any electric utility that provides notice to the
24Commission of qualification under subsection (b) shall
25concurrently file a tariff with the Commission that provides
26for a monthly rebate credit to be given to all residential and



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1small commercial customers, beginning as soon as is
2practicable following the effective date of this amendatory
3Act of the 102nd General Assembly. The tariff shall provide
4that the total funds appropriated by the Department of
5Commerce and Economic Opportunity shall be divided equally and
6issued to all of its active residential and small commercial
7customers, including customers that take supply service from
8alternative retail suppliers or real-time pricing tariffs. The
9tariff shall further provide that the monthly rebate credit
10will be reflected on, and applied to, customer bills beginning
11at the start of a monthly billing period and continue through
12the October 2023 billing period in a manner compliant with
13subsections (d) and (e). The tariff shall also provide that
14the utility may apply the monthly rebate credit to up to 5
15monthly billing periods ending in October 2023, and the
16utility may aggregate monthly rebate credits. To the extent a
17rebate credit is greater than a customer's bill in a given
18month, the excess rebate credit amount shall apply to the next
19billing period, even if the billing period is after October
202023, until the customer's rebate credit has been fully
22    (d) The Commission shall have 5 days from the date an
23electric utility files the tariff pursuant to subsection (c)
24to review the tariff for compliance with this Section, and,
25subject to appropriation to the Department of Commerce and
26Economic Opportunity for purposes of the power price



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1mitigation, the tariff shall go into effect no later than 7
2days from the original tariff filing date or one day from the
3date of any compliance filing, whichever is later. Upon the
4tariff becoming effective, the Commission shall notify the
5Department of Commerce and Economic Opportunity of any
6electric utility serving adversely impacted residential and
7small commercial customers with an approved tariff that is
8eligible to receive funds to be used to pay for the monthly
9rebate credits issued pursuant to this Section.
10    (e) Each electric utility providing a monthly rebate
11credit to its customers pursuant to subsection (c) shall
12include at least the following statement as part of a bill
13insert or bill message provided with any bill reflecting a
14monthly rebate credit to customers: "Your bill has been
15reduced this month by the Power Price Mitigation Rebate Act
16passed by the Illinois General Assembly." The amount of the
17monthly rebate credit being applied for the billing period
18shall also be reflected on the customer's bill with the
19description "State Funded Power Price Mitigation Credit". The
20electric utility's obligation to reflect the information
21required by this subsection shall not extend past the October
222023 billing period.
23    (f) An electric utility with a tariff approved pursuant to
24subsection (c) shall be entitled to recover the reasonable and
25prudent expenses incurred to comply with this Section and
26shall have an obligation to provide monthly rebate credits to



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1customers only to the extent there are funds available to the
2utility to provide the monthly rebate credits, as funded by
3the Department of Commerce and Economic Opportunity and
4subject to appropriation to the Department. Within 180 days
5from the date on which all allocated funds have been
6transferred to and applied by the electric utility, the
7electric utility shall notify the Commission and provide an
8accounting for all funds applied as a monthly rebate credit to
9its residential and small commercial customers. The electric
10utility shall take reasonable steps to apply all allocated
11funds it receives as monthly rebate credits. If any funds
12remain after the October 2023 billing period that have not
13been applied to residential or small commercial customers, the
14electric utility shall return such unapplied amounts to the
15Department of Commerce and Economic Opportunity by March 30,
162024. If the electric utility provides rebate credits to
17customers that exceed the available funds, the electric
18utility shall account for such amounts and the utility shall
19recover those amounts not to exceed 2% of the total available
20funds made available for the rebate credits as part of its next
21base rates increase pursuant to Article XVI or Article IX.
22    (g) This Section, except for this subsection and
23subsection (f), is inoperative on and after January 1, 2025.
24    (h) This Section may be referred to as the Power Price
25Mitigation Rebate Act.
26    Section 99. Effective date. This Act takes effect upon



HB4412 Enrolled- 34 -LRB102 22343 SPS 31480 b

1becoming law.