Illinois General Assembly - Full Text of HB4412
Illinois General Assembly

Previous General Assemblies

Full Text of HB4412  102nd General Assembly


Sen. Bill Cunningham

Filed: 1/5/2023





10200HB4412sam001LRB102 22343 AMQ 42479 a


2    AMENDMENT NO. ______. Amend House Bill 4412 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The State Officials and Employees Ethics Act
5is amended by changing Section 20-5 as follows:
6    (5 ILCS 430/20-5)
7    Sec. 20-5. Executive Ethics Commission.
8    (a) The Executive Ethics Commission is created.
9    (b) The Executive Ethics Commission shall consist of 9
10commissioners. The Governor shall appoint 5 commissioners, and
11the Attorney General, Secretary of State, Comptroller, and
12Treasurer shall each appoint one commissioner. Appointments
13shall be made by and with the advice and consent of the Senate
14by three-fifths of the elected members concurring by record
15vote. Any nomination not acted upon by the Senate within 60
16session days of the receipt thereof shall be deemed to have



10200HB4412sam001- 2 -LRB102 22343 AMQ 42479 a

1received the advice and consent of the Senate. If, during a
2recess of the Senate, there is a vacancy in an office of
3commissioner, the appointing authority shall make a temporary
4appointment until the next meeting of the Senate when the
5appointing authority shall make a nomination to fill that
6office. No person rejected for an office of commissioner
7shall, except by the Senate's request, be nominated again for
8that office at the same session of the Senate or be appointed
9to that office during a recess of that Senate. No more than 5
10commissioners may be of the same political party.
11    The terms of the initial commissioners shall commence upon
12qualification. Four initial appointees of the Governor, as
13designated by the Governor, shall serve terms running through
14June 30, 2007. One initial appointee of the Governor, as
15designated by the Governor, and the initial appointees of the
16Attorney General, Secretary of State, Comptroller, and
17Treasurer shall serve terms running through June 30, 2008. The
18initial appointments shall be made within 60 days after the
19effective date of this Act.
20    After the initial terms, commissioners shall serve for
214-year terms commencing on July 1 of the year of appointment
22and running through June 30 of the fourth following year.
23Commissioners may be reappointed to one or more subsequent
25    Vacancies occurring other than at the end of a term shall
26be filled by the appointing authority only for the balance of



10200HB4412sam001- 3 -LRB102 22343 AMQ 42479 a

1the term of the commissioner whose office is vacant.
2    Terms shall run regardless of whether the position is
4    (c) The appointing authorities shall appoint commissioners
5who have experience holding governmental office or employment
6and shall appoint commissioners from the general public. A
7person is not eligible to serve as a commissioner if that
8person (i) has been convicted of a felony or a crime of
9dishonesty or moral turpitude, (ii) is, or was within the
10preceding 12 months, engaged in activities that require
11registration under the Lobbyist Registration Act, (iii) is
12related to the appointing authority, or (iv) is a State
13officer or employee.
14    (d) The Executive Ethics Commission shall have
15jurisdiction over all officers and employees of State agencies
16other than the General Assembly, the Senate, the House of
17Representatives, the President and Minority Leader of the
18Senate, the Speaker and Minority Leader of the House of
19Representatives, the Senate Operations Commission, the
20legislative support services agencies, and the Office of the
21Auditor General. The Executive Ethics Commission shall have
22jurisdiction over all board members and employees of Regional
23Transit Boards. The jurisdiction of the Commission is limited
24to matters arising under this Act, except as provided in
25subsection (d-5).
26    A member or legislative branch State employee serving on



10200HB4412sam001- 4 -LRB102 22343 AMQ 42479 a

1an executive branch board or commission remains subject to the
2jurisdiction of the Legislative Ethics Commission and is not
3subject to the jurisdiction of the Executive Ethics
5    (d-5) The Executive Ethics Commission shall have
6jurisdiction over all chief procurement officers and
7procurement compliance monitors and their respective staffs.
8The Executive Ethics Commission shall have jurisdiction over
9any matters arising under the Illinois Procurement Code if the
10Commission is given explicit authority in that Code.
11    (d-6) (1) The Executive Ethics Commission shall have
12jurisdiction over the Illinois Power Agency and its staff. The
13Director of the Agency shall be appointed by a majority of the
14commissioners of the Executive Ethics Commission, subject to
15Senate confirmation, for a term of 2 years for appointments
16made before the effective date of this amendatory Act of the
17102nd General Assembly and for a term of 4 years for
18appointments made on or after the effective date of this
19amendatory Act of the 102nd General Assembly. The Director is
20removable for cause by a majority of the Commission upon a
21finding of neglect, malfeasance, absence, or incompetence.
22    (2) In case of a vacancy in the office of Director of the
23Illinois Power Agency during a recess of the Senate, the
24Executive Ethics Commission may make a temporary appointment
25until the next meeting of the Senate, at which time the
26Executive Ethics Commission shall nominate some person to fill



10200HB4412sam001- 5 -LRB102 22343 AMQ 42479 a

1the office, and any person so nominated who is confirmed by the
2Senate shall hold office during the remainder of the term and
3until his or her successor is appointed and qualified. Nothing
4in this subsection shall prohibit the Executive Ethics
5Commission from removing a temporary appointee or from
6appointing a temporary appointee as the Director of the
7Illinois Power Agency.
8    (3) Prior to June 1, 2012, the Executive Ethics Commission
9may, until the Director of the Illinois Power Agency is
10appointed and qualified or a temporary appointment is made
11pursuant to paragraph (2) of this subsection, designate some
12person as an acting Director to execute the powers and
13discharge the duties vested by law in that Director. An acting
14Director shall serve no later than 60 calendar days, or upon
15the making of an appointment pursuant to paragraph (1) or (2)
16of this subsection, whichever is earlier. Nothing in this
17subsection shall prohibit the Executive Ethics Commission from
18removing an acting Director or from appointing an acting
19Director as the Director of the Illinois Power Agency.
20    (4) No person rejected by the Senate for the office of
21Director of the Illinois Power Agency shall, except at the
22Senate's request, be nominated again for that office at the
23same session or be appointed to that office during a recess of
24that Senate.
25    (d-7) The Executive Ethics Commission shall have
26jurisdiction over complainants and respondents in violation of



10200HB4412sam001- 6 -LRB102 22343 AMQ 42479 a

1subsection (d) of Section 20-90.
2    (e) The Executive Ethics Commission must meet, either in
3person or by other technological means, at least monthly and
4as often as necessary. At the first meeting of the Executive
5Ethics Commission, the commissioners shall choose from their
6number a chairperson and other officers that they deem
7appropriate. The terms of officers shall be for 2 years
8commencing July 1 and running through June 30 of the second
9following year. Meetings shall be held at the call of the
10chairperson or any 3 commissioners. Official action by the
11Commission shall require the affirmative vote of 5
12commissioners, and a quorum shall consist of 5 commissioners.
13Commissioners shall receive compensation in an amount equal to
14the compensation of members of the State Board of Elections
15and may be reimbursed for their reasonable expenses actually
16incurred in the performance of their duties.
17    (f) No commissioner or employee of the Executive Ethics
18Commission may during his or her term of appointment or
20        (1) become a candidate for any elective office;
21        (2) hold any other elected or appointed public office
22    except for appointments on governmental advisory boards or
23    study commissions or as otherwise expressly authorized by
24    law;
25        (3) be actively involved in the affairs of any
26    political party or political organization; or



10200HB4412sam001- 7 -LRB102 22343 AMQ 42479 a

1        (4) advocate for the appointment of another person to
2    an appointed or elected office or position or actively
3    participate in any campaign for any elective office.
4    (g) An appointing authority may remove a commissioner only
5for cause.
6    (h) The Executive Ethics Commission shall appoint an
7Executive Director. The compensation of the Executive Director
8shall be as determined by the Commission. The Executive
9Director of the Executive Ethics Commission may employ and
10determine the compensation of staff, as appropriations permit.
11    (i) The Executive Ethics Commission shall appoint, by a
12majority of the members appointed to the Commission, chief
13procurement officers and may appoint procurement compliance
14monitors in accordance with the provisions of the Illinois
15Procurement Code. The compensation of a chief procurement
16officer and procurement compliance monitor shall be determined
17by the Commission.
18(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 8-9-19;
19101-617, eff. 12-20-19.)
20    Section 10. The Civil Administrative Code of Illinois is
21amended by changing Section 5-222 as follows:
22    (20 ILCS 5/5-222)
23    Sec. 5-222. Director of the Illinois Power Agency. The
24Director of the Illinois Power Agency must have at least 10 15



10200HB4412sam001- 8 -LRB102 22343 AMQ 42479 a

1years of combined experience in the electric industry,
2electricity policy, or electricity markets and must possess:
3(i) general knowledge of the responsibilities of being a
4director, (ii) managerial experience, and (iii) an advanced
5degree in economics, risk management, law, business,
6engineering, or a related field. The Director of Illinois
7Power Agency must have experience with the renewable energy
8industry and understanding of the programs established by
9Public Act 102-662 intended to promote equity in the renewable
10energy industry.
11(Source: P.A. 95-481, eff. 8-28-07.)
12    Section 15. The Department of Commerce and Economic
13Opportunity Law is amended by adding Section 1105 as follows:
14    (20 ILCS 605/1105 new)
15    Sec. 1105. Power price mitigation assistance. Subject to
16Appropriation the Department shall transfer $200,000,000 to an
17eligible electric utility serving adversely impacted
18residential and small commercial customers pursuant to Section
1916-107.7 of the Public Utilities Act. This Section is repealed
20December 31, 2024.
21    Section 20. The Energy Transition Act is amended by
22changing Sections 5-5 and 5-40 as follows:



10200HB4412sam001- 9 -LRB102 22343 AMQ 42479 a

1    (20 ILCS 730/5-5)
2    (Section scheduled to be repealed on September 15, 2045)
3    Sec. 5-5. Definitions. As used in this Act:
4    "Apprentice" means a participant in an apprenticeship
5program approved by and registered with the United States
6Department of Labor's Bureau of Apprenticeship and Training.
7    "Apprenticeship program" means an apprenticeship and
8training program approved by and registered with the United
9States Department of Labor's Bureau of Apprenticeship and
11    "Black, indigenous, and people of color" or "BIPOC" means
12people who are members of the groups described in
13subparagraphs (a) through (e) of paragraph (A) of subsection
14(1) of Section 2 of the Business Enterprise for Minorities,
15Women, and Persons with Disabilities Act.
16    "Community-based organizations" means an organization
17that: (1) provides employment, skill development, or related
18services to members of the community; (2) includes community
19colleges, nonprofits, and local governments; (3) utilizes at
20least one training facility in the community or region it
21serves has at least one main operating office in the community
22or region it serves; and (4) demonstrates relationships with
23local residents and other organizations serving the community.
24    "Department" means the Department of Commerce and Economic
25Opportunity, unless the text solely specifies a particular



10200HB4412sam001- 10 -LRB102 22343 AMQ 42479 a

1    "Director" means the Director of Commerce and Economic
3    "Equity eligible contractor" or "eligible contractor"
5        (1) a business that is majority-owned by equity
6    investment eligible individuals or persons who are or have
7    been participants in the Clean Jobs Workforce Network
8    Program, Clean Energy Contractor Incubator Program,
9    Returning Residents Clean Jobs Training Program, Illinois
10    Climate Works Preapprenticeship Program, or Clean Energy
11    Primes Contractor Accelerator Program;
12        (2) a nonprofit or cooperative that is
13    majority-governed by equity investment eligible
14    individuals or persons who are or have been participants
15    in the Clean Jobs Workforce Network Program, Clean Energy
16    Contractor Incubator Program, Returning Residents Clean
17    Jobs Training Program, Illinois Climate Works
18    Preapprenticeship Program, or Clean Energy Primes
19    Contractor Accelerator Program; or
20        (3) an equity investment eligible person or an
21    individual who is or has been a participant in the Clean
22    Jobs Workforce Network Program, Clean Energy Contractor
23    Incubator Program, Returning Residents Clean Jobs Training
24    Program, Illinois Climate Works Preapprenticeship Program,
25    or Clean Energy Primes Contractor Accelerator Program and
26    who is offering personal services as an independent



10200HB4412sam001- 11 -LRB102 22343 AMQ 42479 a

1    contractor.
2    "Equity focused populations" means: (i) low-income
3persons; (ii) persons residing in equity investment eligible
4communities; (iii) persons who identify as black, indigenous,
5and people of color; (iv) formerly convicted persons; (v)
6persons who are or were in the child welfare system; (vi)
7energy workers; (vii) dependents of displaced energy workers;
8(viii) women; (ix) LGBTQ+, transgender, or gender
9nonconforming persons; (x) persons with disabilities; and (xi)
10members of any of these groups who are also youth.
11    "Equity investment eligible community" and "eligible
12community" are synonymous and mean the geographic areas
13throughout Illinois which would most benefit from equitable
14investments by the State designed to combat discrimination and
15foster sustainable economic growth. Specifically, the eligible
16community means the following areas:
17        (1) R3 Areas as established pursuant to Section 10-40
18    of the Cannabis Regulation and Tax Act, where residents
19    have historically been excluded from economic
20    opportunities, including opportunities in the energy
21    sector; and
22        (2) Environmental justice communities, as defined by
23    the Illinois Power Agency pursuant to the Illinois Power
24    Agency Act, but excluding racial and ethnic indicators,
25    where residents have historically been subject to
26    disproportionate burdens of pollution, including pollution



10200HB4412sam001- 12 -LRB102 22343 AMQ 42479 a

1    from the energy sector.
2    "Equity investment eligible person" and "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 persons means the following people:
7        (1) persons whose primary residence is in an equity
8    investment eligible community;
9        (2) persons who are graduates of or currently enrolled
10    in the foster care system; or
11        (3) persons who were formerly incarcerated.
12    "Climate Works Hub" means a nonprofit organization
13selected by the Department to act as a workforce intermediary
14and to participate in the Illinois Climate Works
15Preapprenticeship Program. To qualify as a Climate Works Hub,
16the organization must demonstrate the following:
17        (1) the ability to effectively serve diverse and
18    underrepresented populations, including by providing
19    employment services to such populations;
20        (2) experience with the construction and building
21    trades;
22        (3) the ability to recruit, prescreen, and provide
23    preapprenticeship training to prepare workers for
24    employment in the construction and building trades; and
25        (4) a plan to provide the following:
26            (A) preparatory classes;



10200HB4412sam001- 13 -LRB102 22343 AMQ 42479 a

1            (B) workplace readiness skills, such as resume
2        preparation and interviewing techniques;
3            (C) strategies for overcoming barriers to entry
4        and completion of an apprenticeship program; and
5            (D) any prerequisites for acceptance into an
6        apprenticeship program.
7(Source: P.A. 102-662, eff. 9-15-21.)
8    (20 ILCS 730/5-40)
9    (Section scheduled to be repealed on September 15, 2045)
10    Sec. 5-40. Illinois Climate Works Preapprenticeship
12    (a) Subject to appropriation, the Department shall
13develop, and through Regional Administrators administer, the
14Illinois Climate Works Preapprenticeship Program. The goal of
15the Illinois Climate Works Preapprenticeship Program is to
16create a network of hubs throughout the State that will
17recruit, prescreen, and provide preapprenticeship skills
18training, for which participants may attend free of charge and
19receive a stipend, to create a qualified, diverse pipeline of
20workers who are prepared for careers in the construction and
21building trades and clean energy jobs opportunities therein.
22Upon completion of the Illinois Climate Works
23Preapprenticeship Program, the candidates will be connected to
24and prepared to successfully complete an apprenticeship



10200HB4412sam001- 14 -LRB102 22343 AMQ 42479 a

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



10200HB4412sam001- 15 -LRB102 22343 AMQ 42479 a

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



10200HB4412sam001- 16 -LRB102 22343 AMQ 42479 a

1have an agreement with North American Building Trades Unions
2(NABTU) to utilize the Multi-Craft Core Curriculum or
3successor curriculums.
4    (e) Funding for the Program is subject to appropriation
5from the Energy Transition Assistance Fund.
6    (f) The Department shall adopt any rules deemed necessary
7to implement this Section.
8(Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22.)
9    Section 25. The Illinois Power Agency Act is amended by
10changing Section 1-70 as follows:
11    (20 ILCS 3855/1-70)
12    Sec. 1-70. Agency officials.
13    (a) The Agency shall have a Director who meets the
14qualifications specified in Section 5-222 of the Civil
15Administrative Code of Illinois.
16    (b) Within the Illinois Power Agency, the Agency shall
17establish a Planning and Procurement Bureau and may establish
18a Resource Development Bureau. Each Bureau shall report to the
20    (c) The Chief of the Planning and Procurement Bureau shall
21be appointed by the Director, at the Director's sole
22discretion, and (i) shall have at least 5 years of direct
23experience in electricity supply planning and procurement and
24(ii) shall also hold an advanced degree in risk management,



10200HB4412sam001- 17 -LRB102 22343 AMQ 42479 a

1law, business, or a related field.
2    (d) The Chief of the Resource Development Bureau may be
3appointed by the Director and (i) shall have at least 5 years
4of direct experience in electric generating project
5development and (ii) shall also hold an advanced degree in
6economics, engineering, law, business, or a related field.
7    (e) For terms beginning on or after the effective date of
8this amendatory Act of the 102nd General Assembly ending
9before December 31, 2019, the Director shall receive an annual
10salary in an amount equal to the annual salary provided to the
11Director of the Environmental Protection Agency under Section
124 of the Environmental Protection Act of $100,000 or as set by
13the Executive Ethics Commission based on a review of
14comparable State agency director salaries, whichever is
15higher. No annual salary for the Director or a Bureau Chief
16shall exceed the amount of salary set by law for the Governor
17that is in effect on July 1 of that fiscal year.
18    (f) The Director and Bureau Chiefs shall not, for 2 years
19prior to employment appointment or for 2 years after he or she
20leaves his or her position, be employed as a full time employee
21of by an electric utility, independent power producer, power
22marketer, or alternative retail electric supplier regulated by
23the Commission or the Federal Energy Regulatory Commission.
24The Director and Bureau Chiefs shall not, for 2 years after he
25or she leaves his or her position, be employed by an electric
26utility, independent power producer, power marketer, or



10200HB4412sam001- 18 -LRB102 22343 AMQ 42479 a

1alternative retail electric supplier regulated by the
2Commission or the Federal Energy Regulatory Commission.
3    (g) The Director and Bureau Chiefs are prohibited from:
4(i) owning, directly or indirectly, 5% or more of the voting
5capital stock of an electric utility, independent power
6producer, power marketer, or alternative retail electric
7supplier; (ii) being in any chain of successive ownership of
85% or more of the voting capital stock of any electric utility,
9independent power producer, power marketer, or alternative
10retail electric supplier; (iii) receiving any form of
11compensation, fee, payment, or other consideration from an
12electric utility, independent power producer, power marketer,
13or alternative retail electric supplier, including legal fees,
14consulting fees, bonuses, or other sums. These limitations do
15not apply to any compensation received pursuant to a defined
16benefit plan or other form of deferred compensation, provided
17that the individual has otherwise severed all ties to the
18utility, power producer, power marketer, or alternative retail
19electric supplier.
20(Source: P.A. 102-662, eff. 9-15-21.)
21    Section 30. The Counties Code is amended by changing
22Section 5-12020 as follows:
23    (55 ILCS 5/5-12020)
24    Sec. 5-12020. Commercial Wind farms, electric-generating



10200HB4412sam001- 19 -LRB102 22343 AMQ 42479 a

1wind devices, and commercial wind energy facilities and
2commercial solar energy facilities.
3    (a) As used in this Section:
4    "Commercial solar energy facility" means a "commercial
5solar energy system" as defined in Section 10-720 of the
6Property Tax Code. "Commercial solar energy facility" does not
7mean a utility-scale solar energy facility being constructed
8at a site that was eligible to participate in a procurement
9event conducted by the Illinois Power Agency pursuant to
10subsection (c-5) of Section 1-75 of the Illinois Power Agency
12    "Commercial wind energy facility" means a wind energy
13conversion facility of equal or greater than 500 kilowatts in
14total nameplate generating capacity. "Commercial wind energy
15facility" includes a wind energy conversion facility seeking
16an extension of a permit to construct granted by a county or
17municipality before the effective date of this amendatory Act
18of the 102nd General Assembly.
19    "Facility owner" means (i) a person with a direct
20ownership interest in a commercial wind energy facility or a
21commercial solar energy facility, or both, regardless of
22whether the person is involved in acquiring the necessary
23rights, permits, and approvals or otherwise planning for the
24construction and operation of the facility, and (ii) at the
25time the facility is being developed, a person who is acting as
26a developer of the facility by acquiring the necessary rights,



10200HB4412sam001- 20 -LRB102 22343 AMQ 42479 a

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



10200HB4412sam001- 21 -LRB102 22343 AMQ 42479 a

1    "Participating residence" means a residence that is
2located on participating property and that is existing and
3occupied on the date that an application for a permit to
4develop the commercial wind energy facility or the commercial
5solar energy facility is filed with the county.
6    "Protected lands" means real property that is:
7        (1) subject to a permanent conservation right
8    consistent with the Real Property Conservation Rights Act;
9    or
10        (2) registered or designated as a nature preserve,
11    buffer, or land and water reserve under the Illinois
12    Natural Areas Preservation Act.
13    "Supporting facilities" means the transmission lines,
14substations, access roads, meteorological towers, storage
15containers, and equipment associated with the generation and
16storage of electricity by the commercial wind energy facility
17or commercial solar energy facility.
18    "Wind tower" includes the wind turbine tower, nacelle, and
20    (b) Notwithstanding any other provision of law or whether
21the county has formed a zoning commission and adopted formal
22zoning under Section 5-12007, a county may establish standards
23for commercial wind energy facilities, commercial solar energy
24facilities, or both wind farms and electric-generating wind
25devices. The standards may include all of the requirements
26specified in this Section but may not include requirements for



10200HB4412sam001- 22 -LRB102 22343 AMQ 42479 a

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



10200HB4412sam001- 23 -LRB102 22343 AMQ 42479 a

1evidence and the cross-examination of witnesses. The county
2shall also allow public comment at the public hearing in
3accordance with the Open Meetings Act. The county shall make
4its siting and permitting decisions not more than 30 days
5after the conclusion of the public hearing prior to a siting
6decision by the county board. Notice of the hearing shall be
7published in a newspaper of general circulation in the county.
8A commercial wind energy facility owner, as defined in the
9Renewable Energy Facilities Agricultural Impact Mitigation
10Act, must enter into an agricultural impact mitigation
11agreement with the Department of Agriculture prior to the date
12of the required public hearing. A commercial wind energy
13facility owner seeking an extension of a permit granted by a
14county prior to July 24, 2015 (the effective date of Public Act
1599-132) must enter into an agricultural impact mitigation
16agreement with the Department of Agriculture prior to a
17decision by the county to grant the permit extension. Counties
18may allow test wind towers or test solar energy systems to be
19sited without formal approval by the county board. Any
20provision of a county zoning ordinance pertaining to wind
21farms that is in effect before August 16, 2007 (the effective
22date of Public Act 95-203) may continue in effect
23notwithstanding any requirements of this Section.
24    (d) A county with an existing zoning ordinance in conflict
25with this Section shall amend that zoning ordinance to be in
26compliance with this Section within 120 days after the



10200HB4412sam001- 24 -LRB102 22343 AMQ 42479 a

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



10200HB4412sam001- 25 -LRB102 22343 AMQ 42479 a

1Boundary Lines of             None
2Participating Property 
3Boundary Lines of             1.1 times the maximum blade tip
4Nonparticipating Property     height of the wind tower to the
5                              nearest point on the property
6                              line of the nonparticipating
7                              property
8Public Road Rights-of-Way     1.1 times the maximum blade tip
9                              height of the wind tower
10                              to the center point of the
11                              public road right-of-way
12Overhead Communication and    1.1 times the maximum blade tip
13Electric Transmission         height of the wind tower to the
14and Distribution Facilities   nearest edge of the property
15(Not Including Overhead       line, easement, or right of 
17Utility Service Lines to      containing the overhead line
18Individual Houses or
20Overhead Utility Service      None
21Lines to Individual



10200HB4412sam001- 26 -LRB102 22343 AMQ 42479 a

1Houses or Outbuildings
2Fish and Wildlife Areas       2.1 times the maximum blade
3and Illinois Nature           tip height of the wind tower
4Preserve Commission           to the nearest point on the
5Protected Lands               property line of the fish and
6                              wildlife area or protected
7                              land
8    This Section does not exempt or excuse compliance with
9    electric facility clearances approved or required by the
10    National Electrical Code, The National Electrical Safety
11    Code, Illinois Commerce Commission, Federal Energy
12    Regulatory Commission, and their designees or successors.
13        (2) a wind tower of a commercial wind energy facility
14    to be sited so that industry standard computer modeling
15    indicates that any occupied community building or
16    nonparticipating residence will not experience more than
17    30 hours per year of shadow flicker under planned
18    operating conditions;
19        (3) a commercial solar energy facility to be sited as
20    follows, with setback distances measured from the nearest
21    edge of any component of the facility:
22Setback Description           Setback Distance



10200HB4412sam001- 27 -LRB102 22343 AMQ 42479 a

1Occupied Community            150 feet from the nearest
2Buildings and Dwellings on    point on the outside wall 
3Nonparticipating Properties   of the structure
4Boundary Lines of             None
5Participating Property    
6Public Road Rights-of-Way     50 feet from the nearest
7                              edge
8Boundary Lines of             50 feet to the nearest
9Nonparticipating Property     point on the property
10                              line of the nonparticipating
11                              property
12        (4) a commercial solar energy facility to be sited so
13    that the facility's perimeter is enclosed by fencing
14    having a height of at least 6 feet and no more than 25
15    feet; and
16        (5) a commercial solar energy facility to be sited so
17    that no component of a solar panel has a height of more
18    than 20 feet above ground when the solar energy facility's
19    arrays are at full tilt.
20    The requirements set forth in this subsection (e) may be
21waived subject to the written consent of the owner of each
22affected nonparticipating property.



10200HB4412sam001- 28 -LRB102 22343 AMQ 42479 a

1    (f) A county may not set a sound limitation for wind towers
2in commercial wind energy facilities or any components in
3commercial solar energy facility that is more restrictive than
4the sound limitations established by the Illinois Pollution
5Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910.
6    (g) A county may not place any restriction on the
7installation or use of a commercial wind energy facility or a
8commercial solar energy facility unless it adopts an ordinance
9that complies with this Section. A county may not establish
10siting standards for supporting facilities that preclude
11development of commercial wind energy facilities or commercial
12solar energy facilities.
13    A request for siting approval or a special use permit for a
14commercial wind energy facility or a commercial solar energy
15facility, or modification of an approved siting or special use
16permit, shall be approved if the request is in compliance with
17the standards and conditions imposed in this Act, the zoning
18ordinance adopted consistent with this Code, and the
19conditions imposed under State and federal statutes and
21    (h) A county may not adopt zoning regulations that
22disallow, permanently or temporarily, commercial wind energy
23facilities or commercial solar energy facilities from being
24developed or operated in any district zoned to allow
25agricultural or industrial uses.
26    (i) A county may not require permit application fees for a



10200HB4412sam001- 29 -LRB102 22343 AMQ 42479 a

1commercial wind energy facility or commercial solar energy
2facility that are unreasonable. All application fees imposed
3by the county shall be consistent with fees for projects in the
4county with similar capital value and cost.
5    (j) Except as otherwise provided in this Section, a county
6shall not require standards for construction, decommissioning,
7or deconstruction of a commercial wind energy facility or
8commercial solar energy facility or related financial
9assurances that are more restrictive than those included in
10the Department of Agriculture's standard wind farm
11agricultural impact mitigation agreement, template 81818, or
12standard solar agricultural impact mitigation agreement,
13version 8.19.19, as applicable and in effect on December 31,
142022. The amount of any decommissioning payment shall be
15limited to the cost identified in the decommissioning or
16deconstruction plan, as required by those agricultural impact
17mitigation agreements, minus the salvage value of the project.
18    (k) A county may not condition approval of a commercial
19wind energy facility or commercial solar energy facility on a
20property value guarantee and may not require a facility owner
21to pay into a neighboring property devaluation escrow account.
22    (l) A county may require certain vegetative screening
23surrounding a commercial wind energy facility or commercial
24solar energy facility but may not require earthen berms or
25similar structures.
26    (m) A county may set blade tip height limitations for wind



10200HB4412sam001- 30 -LRB102 22343 AMQ 42479 a

1towers in commercial wind energy facilities but may not set a
2blade tip height limitation that is more restrictive than the
3height allowed under a Determination of No Hazard to Air
4Navigation by the Federal Aviation Administration under 14 CFR
5Part 77.
6    (n) A county may require that a commercial wind energy
7facility owner or commercial solar energy facility owner
9        (1) the results and recommendations from consultation
10    with the Illinois Department of Natural Resources that are
11    obtained through the Ecological Compliance Assessment Tool
12    (EcoCAT) or a comparable successor tool; and
13        (2) the results of the United States Fish and Wildlife
14    Service's Information for Planning and Consulting
15    environmental review or a comparable successor tool that
16    is consistent with (i) the "U.S. Fish and Wildlife
17    Service's Land-Based Wind Energy Guidelines" and (ii) any
18    applicable United States Fish and Wildlife Service solar
19    wildlife guidelines that have been subject to public
20    review.
21    Only a county may establish standards for wind farms,
22electric-generating wind devices, and commercial wind energy
23facilities, as that term is defined in Section 10 of the
24Renewable Energy Facilities Agricultural Impact Mitigation
25Act, in unincorporated areas of the county outside of the
26zoning jurisdiction of a municipality and outside the 1.5 mile



10200HB4412sam001- 31 -LRB102 22343 AMQ 42479 a

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



10200HB4412sam001- 32 -LRB102 22343 AMQ 42479 a

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



10200HB4412sam001- 33 -LRB102 22343 AMQ 42479 a

1construction. Roadways improved in preparation for and during
2the construction of the commercial wind energy facility or
3commercial solar energy facility shall be repaired and
4restored to the improved condition at the reasonable cost of
5the developer if the roadways have degraded or were damaged as
6a result of construction-related activities.
7    The road use agreement shall not require the facility
8owner to pay costs, fees, or charges for road work that is not
9specifically and uniquely attributable to the construction of
10the commercial wind energy facility or the commercial solar
11energy facility. Road-related fees, permit fees, or other
12charges imposed by the Illinois Department of Transportation,
13a road district, or other unit of local government under a road
14use agreement with the facility owner shall be reasonably
15related to the cost of administration of the road use
17    (t) Notwithstanding any other provision of law, a facility
18owner with siting approval from a county to construct a
19commercial wind energy facility or a commercial solar energy
20facility is authorized to cross or impact a drainage system,
21including, but not limited to, drainage tiles, open drainage
22districts, culverts, and water gathering vaults, owned or
23under the control of a drainage district under the Illinois
24Drainage Code without obtaining prior agreement or approval
25from the drainage district, except that the facility owner
26shall repair or pay for the repair of all damage to the



10200HB4412sam001- 34 -LRB102 22343 AMQ 42479 a

1drainage system caused by the construction of the commercial
2wind energy facility or the commercial solar energy facility
3within a reasonable time after construction of the commercial
4wind energy facility or the commercial solar energy facility
5is complete.
6    (u) The amendments to this Section adopted in this
7amendatory Act of the 102nd General Assembly do not apply to
8(1) an application for siting approval or for a special use
9permit for a commercial wind energy facility or commercial
10solar energy facility if the application was submitted to a
11unit of local government before the effective date of this
12amendatory Act of the 102nd General Assembly or (2) a
13commercial wind energy facility or a commercial solar energy
14facility if the facility owner has submitted an agricultural
15impact mitigation agreement to the Department of Agriculture
16before the effective date of this amendatory Act of the 102nd
17General Assembly.
18(Source: P.A. 100-598, eff. 6-29-18; 101-4, eff. 4-19-19.)
19    Section 35. The Public Utilities Act is amended by
20changing Section 8-402.2 as follows:
21    (220 ILCS 5/8-402.2)
22    Sec. 8-402.2. Public Schools Carbon-Free Assessment
24    (a) Within one year after the effective date of this



10200HB4412sam001- 35 -LRB102 22343 AMQ 42479 a

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



10200HB4412sam001- 36 -LRB102 22343 AMQ 42479 a

1        or nearby a public school's premises and able to
2        provide power to a school;
3            (C) The infrastructure required to support
4        electrification of the facility's space heating and
5        water heating needs;
6            (D) The infrastructure requirements to support
7        electrification of a school's transportation needs;
8        and
9            (E) The investments required to achieve a WELL
10        Certification or similar certification as determined
11        through methods developed and updated by the
12        International WELL Building Institute or similar or
13        successor organizations.
14        (4) The Public Schools Carbon-Free Assessment also
15    shall include, but not be limited to, mechanical
16    insulation evaluation inspection and inspection of the
17    building envelope(s).
18        (5) With respect to those public school construction
19    projects for public schools within the service territory
20    of a utility serving over 500,000 retail customers in this
21    State and for which a public school district applies for a
22    grant under Section 5-40 of the School Construction Law on
23    or after June 1, 2023, the district must submit a copy of
24    the applicable Public Schools Carbon-Free Assessment
25    report, or, if no such Public Schools Carbon-Free
26    Assessment has been performed, request the applicable



10200HB4412sam001- 37 -LRB102 22343 AMQ 42479 a

1    utility to perform such a Public Schools Carbon-Free
2    Assessment and submit a copy of the Public Schools
3    Carbon-Free Assessment report promptly when it becomes
4    available. The Public Schools Carbon-Free Assessment
5    report shall include, but not limited to, an energy audit
6    of both the building envelope and the building's
7    mechanical insulation system. It shall also include an
8    inspection of both the building envelope and the
9    mechanical insulation system. The district must
10    demonstrate how the construction project is designed and
11    managed to achieve the goals that all public elementary
12    and secondary school facilities in the State are able to
13    be powered by clean energy by 2030, and for such
14    facilities to achieve carbon-free energy sources for space
15    heat, water heat, and transportation by 2050.
16        (5.5) Each utility must retain a copy of each Public
17    Schools Carbon-Free Assessment report.
18        (6) The results of each Public Schools Carbon-Free
19    Assessment shall be memorialized by the utility or by a
20    third party acting on behalf of the utility in a usable
21    report form and shall be provided to the applicable public
22    school. Each utility shall be required to retain a copy of
23    each Public Schools Carbon-Free Assessment report and to
24    provide confidential copies of each report to the Illinois
25    Power Agency and the Illinois Capital Development Board
26    within 3 months of its completion. The Illinois Power



10200HB4412sam001- 38 -LRB102 22343 AMQ 42479 a

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



10200HB4412sam001- 39 -LRB102 22343 AMQ 42479 a

1    rates approved by the Commission the utility's prudent and
2    reasonable costs of complying with this Section.
3        (10) Utilities shall make efforts to prioritize the
4    completion of Public Schools Carbon-Free Assessments for
5    the following school districts by December 31, 2022: East
6    St. Louis School District 189, Harvey School District 152,
7    Thornton Township High School District 205. Utilities
8    shall also prioritize the completion of Public Schools
9    Carbon-Free Assessments for schools located within
10    environmental justice communities or schools that are
11    categorized as a Tier 1 or Tier 2 school based on the
12    latest annual evidence-based funding distribution process
13    by the State Board of Education.
14(Source: P.A. 102-662, eff. 9-15-21.)
15    Section 40. The Public Utilities Act is amended by adding
16Section 16-107.7 as follows:
17    (220 ILCS 5/16-107.7 new)
18    Sec. 16-107.7. Power price mitigation rebate.
19    (a) Illinois electric utility customers have been impacted
20by unanticipated changes to electric power and capacity prices
21during a period of economic hardship associated with recent
22global events, including increasing gas prices due to the
23Russian invasion of Ukraine and the COVID-19 pandemic. The
24recent power and capacity procurement events affect the market



10200HB4412sam001- 40 -LRB102 22343 AMQ 42479 a

1prices paid by customers. Accordingly, as many customers have
2experienced increased electric utility bill impacts due to the
3increase in electric power and capacity prices, it is the
4policy of the State to assist qualifying customers through a
5power price mitigation rebate for the June 2023 through
6October 2024 electric utility billing cycle. As used in this
7Section, "small commercial customer" means those
8nonresidential retail customers of an electric utility
9consuming 15,000 kilowatt-hours or less of electricity
10annually in its service area whose service has not yet been
11declared competitive pursuant to Section 16-113.
12    (b) Any electric utility serving adversely impacted
13residential and small commercial customers shall notify the
14Commission by April 15, 2023 of the same and provide the
15results of the calculations set forth in this subsection. As
16used in this Section, "electric utility serving adversely
17impacted residential and small commercial customers" means any
18electric utility that can demonstrate that the utility default
19power supply rate procured from the Illinois Power Agency and
20available to its residential and small commercial customers
21has experienced, or will experience, a more than 90%
22year-over-year total supply charge increase, as calculated by
23comparing the total supply charge effective on June 1, 2021,
24as reported by the electric utility to the Commission pursuant
25to subsection (i) of Section 16-111.5, and the total supply
26charge effective on June 1, 2022, as reported to the



10200HB4412sam001- 41 -LRB102 22343 AMQ 42479 a

1Commission pursuant to subsection (i) of Section 16-111.5. The
2total supply charge effective on June 1, 2021, and June 1,
32022, respectively, as reported pursuant to subsection (i) of
4Section 16-111.5, shall be used to calculate an electric
5utility's qualification under this Section and no other
6adjustments shall be made for purposes of the calculation,
7including, but not limited to, any transmission costs,
8purchased electricity adjustments, or any other credits. Any
9small multijurisdictional electric utility that relies upon
10company-owned generation resources, including fossil fueled
11generation, to supply the majority of its eligible State
12retail customers' energy and capacity needs shall be
13ineligible to file a notice or receive funding for rebate
14credits pursuant to this Section. The Commission shall have 5
15days from the date of receipt of the utility's notice to review
16the calculations and notify the electric utility as to whether
17it qualifies as an electric utility serving adversely impacted
18residential and small commercial customers under this Section.
19    (c) Any electric utility that provides notice to the
20Commission of qualification under subsection (b) shall
21concurrently file a tariff with the Commission that provides
22for a monthly rebate credit to be given to all residential and
23small commercial customers, beginning as soon as is
24practicable following the effective date of this amendatory
25Act of the 102nd General Assembly. The tariff shall provide
26that the total funds appropriated by the Department of



10200HB4412sam001- 42 -LRB102 22343 AMQ 42479 a

1Commerce and Economic Opportunity shall be divided equally and
2issued to all of its active residential and small commercial
3customers, including customers that take supply service from
4alternative retail suppliers or real-time pricing tariffs. The
5tariff shall further provide that the monthly rebate credit
6will be reflected on, and applied to, customer bills beginning
7at the start of a monthly billing period and continue through
8the May 2023 billing period in a manner compliant with
9subsections (d) and (e). The tariff shall also provide that
10the utility may apply the monthly rebate credit to up to 5
11monthly billing periods ending in October 2023, and the
12utility may aggregate monthly rebate credits. To the extent a
13rebate credit is greater than a customer's bill in a given
14month, the excess rebate credit amount shall apply to the next
15billing period, even if the billing period is after October
162023, until the customer's rebate credit has been fully
18    (d) The Commission shall have 5 days from the date an
19electric utility files the tariff pursuant to subsection (c)
20to review the tariff for compliance with this Section, and,
21subject to appropriation to the Department of Commerce and
22Economic Opportunity for purposes of the power price
23mitigation, the tariff shall go into effect no later than 7
24days from the original tariff filing date or one day from the
25date of any compliance filing, whichever is later. Upon the
26tariff becoming effective, the Commission shall notify the



10200HB4412sam001- 43 -LRB102 22343 AMQ 42479 a

1Department of Commerce and Economic Opportunity of any
2electric utility serving adversely impacted residential and
3small commercial customers with an approved tariff that is
4eligible to receive funds to be used to pay for the monthly
5rebate credits issued pursuant to this Section. Upon receipt
6of notice from the Commission, the Department of Commerce and
7Economic Opportunity shall transfer $200,000,000 to the
8eligible electric utility serving adversely impacted
9residential and small commercial customers.
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



10200HB4412sam001- 44 -LRB102 22343 AMQ 42479 a

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.



10200HB4412sam001- 45 -LRB102 22343 AMQ 42479 a

1    Section 99. Effective date. This Act takes effect upon
2becoming law.".