Public Act 0799 104TH GENERAL ASSEMBLY

HB5470 Enrolled LRB104 19493 HLH 32941 b

Public Act 104-0799

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended by changing Sections 605-300, 605-465, 605-503, 605-913, 605-1007, and 605-1032 as follows:

(20 ILCS 605/605-300) (was 20 ILCS 605/46.2)

Sec. 605-300. Economic development plans. The Department shall develop a strategic economic development plan for the State by July 1, 2014. By no later than January 31 July 1, 2015, and by July 1 annually thereafter, the Department shall make modifications to the plan as modifications are warranted by changes in economic conditions or by other factors, including changes in policy. In addition to the annual modification, the plan shall be reviewed and redeveloped in full every 5 years. In the development of the annual economic development plan, the Department shall consult with representatives of the private sector, other State agencies, academic institutions, local economic development organizations, local governments, and not-for-profit organizations. The annual economic development plan shall set specific, measurable, attainable, relevant, and time-sensitive goals and shall include a focus on areas of high unemployment or poverty.

The term "economic development" shall be construed broadly by the Department and may include, but is not limited to, job creation, job retention, tax base enhancements, development of human capital, workforce productivity, critical infrastructure, regional competitiveness, social inclusion, standard of living, environmental sustainability, energy independence, quality of life, the effective use of financial incentives, the utilization of public private partnerships where appropriate, and other metrics determined by the Department.

The plan shall be based on relevant economic data, focus on economic development as prescribed by this Section, and emphasize strategies to retain and create jobs.

The plan shall identify and develop specific strategies for utilizing the assets of regions within the State defined as counties and municipalities or other political subdivisions in close geographical proximity that share common economic traits such as commuting zones, labor market areas, or other economically integrated characteristics.

If the plan includes strategies that have a fiscal impact on the Department or any other agency, the plan shall include a detailed description of the estimated fiscal impact of such strategies.

Prior to publishing the plan in its final form, the Department shall allow for a reasonable time for public input.

The Department shall transmit copies of the economic development plan to the Governor and the General Assembly no later than July 1, 2014, and by July 1 annually thereafter. The plan and its corresponding modifications shall be published and made available to the public in both paper and electronic media, on the Department's website, and by any other method that the Department deems appropriate.

The Department shall annually submit legislation to implement the strategic economic development plan or modifications to the strategic economic development plan to the Governor, the President and Minority Leader of the Senate, and the Speaker and the Minority Leader of the House of Representatives. The legislation shall be in the form of one or more substantive bills drafted by the Legislative Reference Bureau.

(Source: P.A. 104-435, eff. 11-21-25.)

(20 ILCS 605/605-465)

Sec. 605-465. Comprehensive website information.

(a) The Department's official website must contain a comprehensive list of State, local, and federal economic benefits available to businesses in each of the State's counties and municipalities that the Department includes on its website. In order to do so:

(1) The Department annually must request a summary of available economic benefits from each of the State's counties and municipalities that are linked to the Department's website.

(2) The information obtained under paragraph (1) must be published on the related web pages of the Department's website.

(3) The Department's website shall also provide information regarding available federal economic benefits to the extent possible.

(b) The Department shall adopt rules for the implementation of this Section.

(c) This Section is repealed on July 1, 2026.

(Source: P.A. 97-721, eff. 6-29-12.)

(20 ILCS 605/605-503)

Sec. 605-503. Entrepreneurship assistance centers.

(a) The Department shall establish and support, subject to appropriation, entrepreneurship assistance centers, including the issuance of grants, at career education agencies and not-for-profit corporations, including, but not limited to, local development corporations, chambers of commerce, community-based business outreach centers, and other community-based organizations. The purpose of the centers shall be to train minority group members, women, individuals with a disability, dislocated workers, veterans, and youth entrepreneurs in the principles and practice of entrepreneurship in order to prepare those persons to pursue self-employment opportunities and to pursue a minority business enterprise or a women-owned business enterprise. The centers shall provide for training in all aspects of business development and small business management as defined by the Department.

(b) The Department shall establish criteria for selection and designation of the centers which shall include, but not be limited to:

(1) the level of support for the center from local post-secondary education institutions, businesses, and government;

(2) the level of financial assistance provided at the local and federal level to support the operations of the center;

(3) the applicant's understanding of program goals and objectives articulated by the Department;

(4) the plans of the center to supplement State and local funding through fees for services which may be based on a sliding scale based on ability to pay;

(5) the need for and anticipated impact of the center on the community in which it will function;

(6) the quality of the proposed work plan and staff of the center; and

(7) the extent of economic distress in the area to be served.

(c) Each center shall:

(1) be operated by a board of directors representing community leaders in business, education, finance, and government;

(2) be incorporated as a not-for-profit corporation;

(3) be located in an area accessible to eligible clients;

(4) establish an advisory group of community business experts, at least one-half of whom shall be representative of the clientele to be served by the center, which shall constitute a support network to provide counseling and mentoring services to minority group members, women, individuals with a disability, dislocated workers, veterans, and youth entrepreneurs from the concept stage of development through the first one to 2 years of existence on a regular basis and as needed thereafter; and

(5) establish a referral system and linkages to existing area small business assistance programs and financing sources.

(d) Each entrepreneurship assistance center shall provide needed services to eligible clients, including, but not limited to: (i) orientation and screening of prospective entrepreneurs; (ii) analysis of business concepts and technical feasibility; (iii) market analysis; (iv) management analysis and counseling; (v) business planning and financial planning assistance; (vi) referrals to financial resources; (vii) referrals to existing educational programs for training in such areas as marketing, accounting, and other training programs as may be necessary and available; and (viii) referrals to business incubator facilities, when appropriate, for the purpose of entering into agreements to access shared support services.

(e) Applications for grants made under this Section shall be made in the manner and on forms prescribed by the Department. The application shall include, but shall not be limited to:

(1) a description of the training programs available within the geographic area to be served by the center to which eligible clients may be referred;

(2) designation of a program director;

(3) plans for providing ongoing technical assistance to program graduates, including linkages with providers of other entrepreneurial assistance programs and with providers of small business technical assistance and services;

(4) a program budget, including matching funds, in-kind and otherwise, to be provided by the applicant; and

(5) any other requirements as deemed necessary by the Department.

(f) Grants made under this Section shall be disbursed for payment of the cost of services and expenses of the program director, the instructors of the participating career education agency or not-for-profit corporation, the faculty and support personnel thereof, and any other person in the service of providing instruction and counseling in furtherance of the program.

(g) The Department shall monitor the performance of each entrepreneurial assistance center and require quarterly reports from each center at such time and in such a manner as prescribed by the Department.

The Department shall also evaluate the entrepreneurial assistance centers established under this Section and report annually beginning on January 1, 2023, and on or before January 31 January 1 of each year thereafter, the results of the evaluation to the Governor and the General Assembly. The report shall discuss the extent to which the centers serve minority group members, women, individuals with a disability, dislocated workers, veterans, and youth entrepreneurs; the extent to which the training program is coordinated with other assistance programs targeted to small and new businesses; the ability of the program to leverage other sources of funding and support; and the success of the program in aiding entrepreneurs to start up new businesses, including the number of new business start-ups resulting from the program. The report shall recommend changes and improvements in the training program and in the quality of supplemental technical assistance offered to graduates of the training programs. The report shall be made available to the public on the Department's website. Between evaluation due dates, the Department shall maintain the necessary records and data required to satisfy the evaluation requirements.

(h) For purposes of this Section:

"Entrepreneurship assistance center" or "center" means the business development centers or programs which provide assistance to primarily minority group members, women, individuals with a disability, dislocated workers, veterans, and youth entrepreneurs under this Section.

"Disability" means, with respect to an individual: (i) a physical or mental impairment that substantially limits one or more of the major life activities of an individual; (ii) a record of such an impairment; or (iii) being regarded as having an impairment.

"Minority business enterprise" has the same meaning as provided for "minority-owned business" under Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

"Minority group member" has the same meaning as provided for "minority person" under Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

"Women-owned business enterprise" has the same meaning as provided for "women-owned business" under Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

"Veteran" means a person who served in and who has received an honorable or general discharge from, the United States Army, Navy, Air Force, Space Force, Marines, Coast Guard, or reserves thereof, or who served in the Army National Guard, Air National Guard, or Illinois National Guard.

"Youth entrepreneur" means a person who is between the ages of 16 and 29 years old and is seeking community support to start a business in Illinois.

(Source: P.A. 102-272, eff. 1-1-22; 102-821, eff. 1-1-23; 103-154, eff. 6-30-23; 103-746, eff. 1-1-25.)

(20 ILCS 605/605-913)

Sec. 605-913. Clean Water Workforce Pipeline Program.

(a) The General Assembly finds the following:

(1) The fresh surface water and groundwater supply in Illinois and Lake Michigan constitute vital natural resources that require careful stewardship and protection for future generations. Access to safe and clean drinking water is the right of all Illinois residents.

(2) To adequately protect these resources and provide safe and clean drinking water, substantial investment is needed to replace lead components in drinking water infrastructure, improve wastewater treatment, flood control, and stormwater management, control aquatic invasive species, implement green infrastructure solutions, and implement other infrastructure solutions to protect water quality.

(3) Implementing these clean water solutions will require a skilled and trained workforce, and new investments will demand additional workers with specialized skills.

(4) Water infrastructure jobs have been shown to provide living wages and contribute to Illinois' economy.

(5) Significant populations of Illinois residents, including, but not limited to, residents of environmental justice communities, economically and socially disadvantaged communities, those returning from the criminal justice system, foster care alumni, and in particular women and transgender persons, are in need of access to skilled living wage jobs like those in the water infrastructure sector.

(6) Many of these residents are more likely to live in communities with aging and inadequate clean water infrastructure and suffer from threats to surface and drinking water quality.

(7) The State can provide significant economic opportunities to these residents and achieve greater environmental and public health by investing in clean water infrastructure.

(8) New training, recruitment, support, and placement efforts are needed to connect these residents with career opportunities in water infrastructure.

(9) The State must invest in both clean water infrastructure and workforce development efforts in order to achieve these goals.

(b) Subject to appropriation, From appropriations made from the Build Illinois Bond Fund, Capital Development Fund, or General Revenue Fund or other funds as identified by the Department, the Department may shall create a Clean Water Workforce Pipeline Program to provide grants and other financial assistance to prepare and support individuals for careers in water infrastructure. All funding provided by the Program under this Section shall be designed to encourage and facilitate employment in projects funded through State capital investment and provide participants a skill set to allow them to work professionally in fields related to water infrastructure.

Grants and other financial assistance may be made available on a competitive annual basis to organizations that demonstrate a capacity to recruit, support, train, and place individuals in water infrastructure careers, including, but not limited to, community organizations, educational institutions, workforce investment boards, community action agencies, and multi-craft labor organizations for new efforts specifically focused on engaging residents of environmental justice communities, economically and socially disadvantaged communities, those returning from the criminal justice system, foster care alumni, and in particular women and transgender persons in these populations.

Grants and other financial assistance may shall be awarded on a competitive and annual basis for the following activities:

(1) identification of individuals for job training in the water sector;

(2) counseling, preparation, skills training, and other support to increase a candidate's likelihood of success in a job training program and career;

(3) financial support for individuals in a water sector job skills training program, support services, and transportation assistance tied to training under this Section;

(4) job placement services for individuals during and after completion of water sector job skills training programs; and

(5) financial, administrative, and management assistance for organizations engaged in these activities.

(c) It shall be an annual goal of the Program to train and place at least 300, or 25% of the number of annual jobs created by State financed water infrastructure projects, whichever is greater, of the following persons in water sector-related apprenticeships annually: residents of environmental justice communities; residents of economically and socially disadvantaged communities; those returning from the criminal justice system; foster care alumni; and, in particular, women and transgender persons. In awarding and administering grants under this Program, the Department shall strive to provide assistance equitably throughout the State.

In order to encourage the employment of individuals trained through the Program onto projects receiving State financial assistance, the Department shall coordinate with the Illinois Environmental Protection Agency, the Illinois Finance Authority, and other State agencies that provide financial support for water infrastructure projects. These agencies shall take steps to support attaining the training and placement goals set forth in this subsection, using a list of projects that receive State financial support. These agencies may propose and adopt rules to facilitate the attainment of this goal.

Using funds appropriated for the purposes of this Section, the Department may select through a competitive bidding process a Program Administrator to oversee the allocation of funds and select organizations that receive funding.

The Department may require recipients of grants under this Program to Recipients of grants under the Program shall report annually to the Department, at intervals determined by the Department, on the success of their efforts and their contribution to reaching the goals of the Program provided in this subsection. To the extent possible based on reporting provided by recipients of grants under this Program, the The Department shall compile this information and periodically annually report to the General Assembly on the Program, including, but not limited to, the following information:

(1) progress toward the goals stated in this subsection;

(2) any increase in the percentage of water industry jobs in targeted populations;

(3) any increase in the rate of acceptance, completion, or retention of water training programs among targeted populations;

(4) any increase in the rate of employment, including hours and annual income, measured against pre-Program participant income; and

(5) any recommendations for future changes to optimize the success of the Program.

(d) Within 180 days after an appropriation is made available for the purposes of meeting the requirements of this Act, Within 90 days after January 1, 2020 (the effective date of Public Act 101-576), the Department shall propose rules for adoption a draft plan to implement this Section in accordance with the Illinois Administrative Procedure Act, including any public comment required by the Joint Committee on Administrative Rules. for public comment. The Department shall allow a minimum of 60 days for public comment on the plan, including one or more public hearings, if requested. The Department shall finalize the plan within 180 days of January 1, 2020 (the effective date of Public Act 101-576).

The Department may propose and adopt any rules necessary for the implementation of the Program and to ensure compliance with this Section.

(e) The Water Workforce Development Fund is created as a special fund in the State treasury. The Fund shall receive moneys appropriated for the purpose of this Section from the Build Illinois Bond Fund, the Capital Development Fund, the General Revenue Fund and any other funds. Moneys in the Fund shall only be used to fund the Program and to assist and enable implementation of clean water infrastructure capital investments. Notwithstanding any other law to the contrary, the Water Workforce Development Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Water Workforce Development Fund into any other fund of the State.

(f) For purpose of this Section:

"Environmental justice community" has the meaning provided in subsection (b) of Section 1-50 of the Illinois Power Agency Act.

"Multi-craft labor organization" means a joint labor-management apprenticeship program registered with and approved by the United States Department of Labor's Office of Apprenticeship or a labor organization that has an accredited training program through the Higher Learning Commission or the Illinois Community College Board.

"Organization" means a corporation, company, partnership, association, society, order, labor organization, or individual or aggregation of individuals.

(Source: P.A. 101-576, eff. 1-1-20; 102-558, eff. 8-20-21.)

(20 ILCS 605/605-1007)

Sec. 605-1007. New business permitting portal.

(a) By July 1, 2017, the Department shall, subject to appropriation, create and maintain, in consultation with the Department of Innovation and Technology, a website to help persons wishing to create new businesses or relocate businesses to Illinois. The Department shall consult with at least one organization representing small businesses in this State while creating the website.

(b) The website shall include:

(1) an estimate of license and permitting fees for different businesses;

(2) State government application forms for business licensing or registration;

(3) hyperlinks to websites of the responsible agency or organization responsible for accepting the application; and

(4) contact information for any local government permitting agencies that may be relevant.

(c) The Department shall maintain an integrated digital platform for business permitting and licensing information in collaboration with all State agencies with regulatory authority over business activities. Those agencies shall provide, maintain, and update their required business forms, instructions, and related content in the shared content management system or other Department-designated platform on an ongoing basis, in accordance with guidance issued by the Department. Agencies shall also maintain current and accurate business-related content on their primary public websites to ensure efficient integration and curation of information into the portal. contact all agencies to obtain business forms and other information for this website. Those agencies shall respond to the Department before July 1, 2016.

(d) The website shall also include some mechanism for the potential business owner to request more information from the Department that may be helpful in starting the business, including, but not limited to, State-based incentives that the business owner may qualify for when starting or relocating a business.

(e) The Department shall ensure that the portal is kept current through continuous content management processes. State agencies with regulatory authority over business activities shall notify the Department or update the shared content management system promptly when changes to forms, fees, processes, requirements, or other relevant information occur, and shall review and confirm the accuracy of its application forms and related content at least annually. update the website at least once a year before July 1. The Department shall request that other State agencies report any changes in applicable application forms to the Department by June 1 of every year after 2016.

(Source: P.A. 102-276, eff. 8-6-21.)

(20 ILCS 605/605-1032)

Sec. 605-1032. Office of Economic Equity and Empowerment.

(a) As used in this Section:

"Eligible not-for-profit corporation" means a not-for-profit corporation, as defined in Section 101.80 of the General Not For Profit Corporation Act of 1986, that primarily serves minorities, women, veterans, or persons with a disability.

"Office" means the Office of Economic Equity and Empowerment.

(b) The Office of Economic Equity and Empowerment is hereby created within the Department. The Office shall assist minority-owned businesses, women-owned businesses, veteran-owned businesses, businesses owned by persons with disabilities, eligible not-for-profit corporations, and other underserved communities and constituencies through targeted programs, resources, and outreach and promotional activities. The Office may engage in or conduct the following activities:

(1) promoting and conducting outreach efforts to ensure access to State and federal funding opportunities, and assisting minority-owned businesses, women-owned businesses, veteran-owned businesses, businesses owned by persons with disabilities, eligible not-for-profit corporations, and other underserved communities and constituencies in applying for and receiving loan funds in the State;

(2) providing and hosting workshops and public forums and engaging in outreach efforts for minority-owned businesses, women-owned businesses, veteran-owned businesses, businesses owned by persons with disabilities, and other underserved communities and constituencies to encourage participation in programs under the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, and assisting those businesses in becoming designated under that Act and under similar certification programs;

(3) providing and hosting workshops and public forums and engaging in outreach efforts that assist and educate minority-owned businesses, women-owned businesses, veteran-owned businesses, businesses owned by persons with disabilities, eligible not-for-profit corporations, and other underserved communities and constituencies on the process of applying for and becoming certified to apply for State grant funds under the Grant Accountability and Transparency Act;

(4) providing and hosting workshops and public forums and engaging in outreach efforts that assist and educate aspiring and existing minority-owned businesses, women-owned businesses, veteran-owned businesses, businesses owned by persons with disabilities, eligible not-for-profit corporations, and other underserved communities and constituencies with understanding concepts including, but not limited to, business formation and not-for-profit incorporation, business planning, capital access, and marketing a business or not-for-profit corporation;

(5) administering programs established by the Department or the General Assembly to provide grants to minority-owned businesses, woman-owned businesses, veteran-owned businesses, businesses owned by persons with disabilities, eligible not-for-profit corporations, and other underserved communities and constituencies;

(6) coordinating assistance for minority-owned businesses, woman-owned businesses, veteran-owned businesses, businesses owned by persons with disabilities, eligible not-for-profit corporations, and other underserved communities and constituencies with other State agencies;

(7) providing staff, administration, and related support required to administer this Section; and

(8) establishing applications, notifications, contracts, and other forms and procedures, and adopting rules deemed necessary and appropriate.

(b-5) Subject to appropriation, the Office may administer assistance that is focused on the revitalization and economic stabilization of urban areas in the State. This assistance may include programming, communication, and cross-coordination of existing State programs designed to stimulate the economic growth of under-resourced and underserved urban areas of the State. Among other duties assigned by the Department, subject to appropriation, the Office is authorized to do the following:

(1) To the extent possible, to assist in the coordination and communication of the activities of the following units and programs of the Department and all other present and future units and programs of the Department that impact under-resourced or underserved urban areas to the extent that they may assist urban areas and urban economics:

(A) the Enterprise Zone Program;

(B) the Small Business Development Center Program;

(C) the Low-Income Heating and Energy Assistance Program (LIHEAP) and related energy assistance programs;

(D) programs funded through Community Services Block Grant funds;

(E) programs funded through Community Development Block Grant funds;

(F) programs under the federal Workforce Innovation and Opportunity Act (WIOA) or related workforce programs;

(G) programming related to the deployment of and access to broadband and related technology and skills;

(H) programs that assist in the development of businesses owned by individuals that are socially and economically disadvantaged; and

(I) programs that assist in the development of community infrastructure.

(2) To gather information concerning any State or federal program that is designed to revitalize or assist under-resourced or underserved urban areas in the State and to provide this information to public and private entities upon request.

(3) To use existing programs of the Department to collaborate with regional economic development professionals hired by the Department to promote and assist in developing urban industrial parks and related economic development.

(4) To promote economic parity throughout the State and the autonomy of residents of the State by promoting and assisting the development of the following as it relates to services to and for under-resourced or underserved urban areas of the State:

(A) small business development centers;

(B) youth employment;

(C) small business incubators;

(D) family resource centers;

(E) urban development banks;

(F) self-managed urban businesses; and

(G) plans for urban infrastructure projects.

(5) To, at its discretion and to the extent practicable, seek guidance from urban public officials, municipalities, metropolitan planning organizations, nonprofits, and other entities to develop recommendations to the Department on economic policies for urban areas and planning models that will result in the revitalization of the economy of under-resourced or underserved urban areas, especially those urban areas where economically and socially disadvantaged people live. These recommendations may include, but are not limited to, recommendations in the areas of:

(A) housing;

(B) scientific research;

(C) urban youth unemployment;

(D) business incubators and family resource centers in urban areas; and

(E) alternative energy resource development in urban areas as part of the Department's 5-year plan for economic development.

(6) To encourage new enterprises to locate in urban areas through educational promotions that emphasize the opportunities in areas identified in the Department's 5-year economic development plan and by connecting those enterprises to employees of the Department that specialize in the solicitation of businesses in urban areas, and to do other acts that, in the judgment of the Department, are necessary and proper to foster and promote the economic development and welfare of any urban area. Except as otherwise specifically provided by law, the Department shall have no power to require reports from or to regulate any business.

(7) To accept grants, loans, or appropriations from the federal government or the State, or any agency or instrumentality thereof, to be used for any expenses necessary to serve under-resourced or underserved urban areas of the State, including, but not limited to, scientific research, urban youth employment projects, business incubators, urban infrastructure development, alternative energy resource development, food deserts and community food plots, community facilities needed in urban areas, and any other purpose related to the revitalization of and support for urban areas.

(c) The Office may use vendors or enter into contracts to carry out the purposes of this Section.

(Source: P.A. 103-889, eff. 1-1-25.)

(20 ILCS 605/605-400 rep.)

Section 7. The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended by repealing Section 605-400.

Section 10. The Illinois Enterprise Zone Act is amended by changing Section 12-9 as follows:

(20 ILCS 655/12-9) (from Ch. 67 1/2, par. 626)

Sec. 12-9. Report. On January 31 January 1 of each year, the Department shall report on its operation of the Fund for the preceding fiscal year to the Governor and the General Assembly. For any fiscal year in which no operations are conducted by the Department because no funds were appropriated to the Fund, the report outlined by this Section is not required.

(Source: P.A. 102-108, eff. 1-1-22.)

Section 13. The Illinois Promotion Act is amended by changing Section 4b as follows:

(20 ILCS 665/4b)

Sec. 4b. Coordinating Committee. There is created a Coordinating Committee of State agencies involved with tourism in the State of Illinois. The Committee shall consist of the Director of Commerce and Economic Opportunity or the Director's designee, as chairman, the Lieutenant Governor or the Lieutenant Governor's designee, the Secretary of Transportation or his or her designee, and the head executive officer or his or her designee of the following: the Lincoln Presidential Library; the Department of Natural Resources; the Department of Agriculture; the Illinois Arts Council; the Illinois Community College Board; and the Board of Higher Education. The Committee shall also include 4 members of the Illinois General Assembly, one of whom shall be named by the Speaker of the House of Representatives, one of whom shall be named by the Minority Leader of the House of Representatives, one of whom who shall be named by the President of the Senate, and one of whom shall be named by the Minority Leader of the Senate. The Committee shall meet at least quarterly and at other times as called by the chair. The Committee shall coordinate the promotion and development of tourism activities throughout State government.

(Source: P.A. 102-278, eff. 8-6-21.)

(20 ILCS 5075/Act rep.)

Section 20. The Opportunities for At-Risk Women Act is repealed.

Section 23. The Illinois Council on Women and Girls Act is amended by changing Section 15 as follows:

(20 ILCS 5130/15)

Sec. 15. The Illinois Council on Women and Girls.

(a) There is hereby created the Illinois Council on Women and Girls.

(b) The Council shall advise the Governor and the General Assembly on policy issues impacting women and girls in this State, including, but not limited to, the following goals:

(1) to advance the role and civic participation of women and girls in this State;

(2) to put in place programs and advocate policies that work to end the gender pay gap and discrimination in professional and academic opportunities;

(3) to promote resources and opportunities for academic and professional growth;

(4) to allow women and young girls to have legal protections and recourse in cases of sexual harassment in the workplace;

(5) to prevent and protect women from domestic violence;

(6) to provide proper standards of healthcare, and to study the disparate impacts on women as it pertains to diverse demographics;

(7) to promote increased access to reproductive health care;

(8) to protect women who are transgender from violence and harassment, and increase their fair and equal access to culturally competent health care, housing, employment, and other opportunities;

(9) to disseminate information and build relationships between State agencies and commissions in furtherance of the Council's goals under this Act; and

(10) to give significant attention to the inclusion of women of color in decision-making capacities and identifying barriers toward parity, and for leadership inclusion that works to realize America's founding principles of equity and opportunity for all.

(c) The Council is hereby authorized to create subcommittees. The Council may create a Subcommittee on Opportunities for Women At Risk of Being Justice Impacted. The Subcommittee on Opportunities for Women At Risk of Being Justice Impacted may analyze, without limitation, the following:

(1) existing State of Illinois boards, commissions, councils, and task forces, as well as State of Illinois initiatives and programs, that support women at risk of being justice impacted;

(2) additional statewide councils managed by the Department of Corrections;

(3) all State agencies and offices that help women at risk of being justice impacted;

(4) federal, State, and local government offices that help women at risk of being justice impacted through their task forces or programs or that manage corrections and jail facilities;

(5) organizations, including nonprofits, civic groups, and faith-based organizations, that support women at risk of being justice impacted;

(6) colleges and universities that support, through academic research, initiatives, and programs, women at risk of being justice impacted; and

(7) additional cross-sector organizational resources.

(d) As used in this Section, "women at risk of being justice impacted" means women who are at increased risk of incarceration because of historic injustices that have perpetuated the lack of access to economic opportunities, such as poverty, abuse, addiction, financial challenges, illiteracy, or other causes. The term "women at risk of being justice impacted" includes, but shall not be limited to, women who have previously been incarcerated.

(Source: P.A. 100-913, eff. 8-17-18.)

Section 25. The Urban Weatherization Initiative Act is amended by changing Section 40-40 as follows:

(30 ILCS 738/40-40)

Sec. 40-40. Weatherization Initiative Board.

(a) Subject to appropriation, the The Weatherization Initiative Board is created within the Department. The Board must approve or deny all grants from the Fund.

(a-5) Notwithstanding any other provision of this Article, the Board has the authority to direct the Department to authorize the awarding of grants to applicants serving areas or populations not included in the target areas and populations set forth in Section 40-25 if the Board determines that there are special circumstances involving the areas or populations served by the applicant.

(b) The Board shall consist of 5 voting members appointed by the Governor with the advice and consent of the Senate. The initial members shall have terms as follows as designated by the Governor: one for one year, one for 2 years, one for 3 years, one for 4 years, and one for 5 years, or until a successor is appointed and qualified. Thereafter, members shall serve 5-year terms or until a successor is appointed and qualified. The voting members shall elect a voting member to serve as chair for a one-year term. Vacancies shall be filled in the same manner for the balance of a term.

(c) The Board shall also have 4 non-voting ex officio members appointed as follows: one Representative appointed by the Speaker of the House, one Representative appointed by the House Minority Leader, one Senator appointed by the President of the Senate, and one Senator appointed by the Senate Minority Leader, each to serve at the pleasure of the appointing authority.

(d) Members shall receive no compensation, but may be reimbursed for necessary expenses from appropriations to the Department available for that purpose.

(e) The Board may adopt rules under the Illinois Administrative Procedure Act.

(f) A quorum of the Board is at least 3 voting members, and the affirmative vote of at least 3 voting members is required for Board decisions and adoption of rules.

(g) The Department shall provide staff and administrative assistance to the Board.

(h) By January 31 December 31 of each year, the Board shall file an annual report with the Governor and the General Assembly concerning the Initiative, grants awarded, and grantees and making recommendations for any changes needed to enhance the effectiveness of the Initiative.

(Source: P.A. 96-37, eff. 7-13-09.)

Section 30. The Build Illinois Act is amended by changing Sections 9-9 and 10-9 as follows:

(30 ILCS 750/9-9) (from Ch. 127, par. 2709-9)

Sec. 9-9. Annual Report. On January 31 January 1 of each year, the Department shall report on its operations of the Illinois Capital Revolving Loan Fund and the Illinois Equity Fund for the preceding fiscal year to the Governor and the General Assembly.

(Source: P.A. 84-109.)

(30 ILCS 750/10-9) (from Ch. 127, par. 2710-9)

Sec. 10-9. Report. On January 31 January 1 of each year, the Department shall report on its operation of the Fund for the preceding fiscal year to the Governor and the General Assembly.

(Source: P.A. 84-109.)

Section 35. The Illinois Income Tax Act is amended by changing Section 242 as follows:

(35 ILCS 5/242)

Sec. 242. Music and Musicians Tax Credits and Jobs Act. Taxpayers who have been awarded a credit under the Music and Musicians Tax Credits and Jobs Act are entitled to a credit against the taxes imposed by subsections (a) and (b) of Section 201 of this Act in an amount determined by the Department of Commerce and Economic Opportunity under that Act. The credit shall be claimed for in the taxable year in which the tax credit award certificate is issued, and the certificate shall be attached to the return. If the taxpayer is a partnership or Subchapter S corporation, the credit shall be allowed to the partners or shareholders in accordance with the provisions of Section 251.

The credit may not reduce the taxpayer's liability to less than zero. If the amount of the credit exceeds the tax liability for the year, the excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit year. The credit shall be applied to the earliest year for which there is a tax liability. If there are credits from more than one tax year that are available to offset a liability, the earlier credit shall be applied first.

(Source: P.A. 103-592, Article 52, Section 52-5, eff. 6-7-24; 104-417, eff. 8-15-25.)

Section 37. The Music and Musicians Tax Credit and Jobs Act is amended by changing Sections 50-10, 50-15, 50-35, 50-40, and 50-45 as follows:

(35 ILCS 19/50-10)

Sec. 50-10. Definitions. As used in this Act:

"Department" means the Department of Commerce and Economic Opportunity.

"Expenditure in the State" means (i) an expenditure to acquire, from a source within the State, property that is subject to tax under the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, or the Retailers' Occupation Tax Act or (ii) an expenditure for compensation for services performed within the State that is subject to State income tax under the Illinois Income Tax Act.

"Illinois labor expenditure" means gross salary or wages, including, but not limited to, taxes, benefits, and any other consideration incurred or paid to artist employees of the applicant for services rendered to and on behalf of the qualified music company, provided that the expenditure is:

(1) incurred or paid by the applicant on or after the effective date of this Act for services related to any portion of a qualified music company from rehearsals, performances, and any other qualified music company related activities;

(2) limited to the first $100,000 of wages incurred or paid to each employee of a qualified music production in each calendar tax year;

(3) paid in the calendar year of the State-certified production tax year for which the applicant is seeking claiming the tax credit award;

(4) paid to persons residing in Illinois at the time payments were made; and

(5) reasonable under the circumstances.

"Qualified music company" means an entity that (i) is authorized to do business in Illinois, (ii) is engaged directly or indirectly in the production, distribution, or promotion of music, (iii) is certified by the Department as meeting the eligibility requirements of this Act, and (iv) has executed a contract with the Department providing the terms and conditions for its participation.

"Qualified music company payroll" or "QMC payroll" means wages reported by the qualified music company in box 1 of each W-2 form prepared for an employee of the qualified music company who is an Illinois resident.

"Resident copyright" means the copyright of a musical composition written by an Illinois resident or owned by an Illinois-domiciled music company, as evidenced by documents of ownership, including, but not limited to, registration with the United States Copyright Office.

"Sound recording" means a recording of music, poetry, or a spoken-word performance made, in whole or in part, in Illinois. "Sound recording" does not include the audio portions of dialogue or words spoken and recorded as part of television news coverage or athletic events.

"Sound recording production company" means a company engaged in the business of producing sound recordings. "Sound recording production company" does not include any person or company, or any company owned, affiliated, or controlled, in whole or in part, by any company or person, that is in default on a loan made by the State or a loan guaranteed by the State, nor which has ever declared bankruptcy under which an obligation of the company or person to pay or repay public funds or moneys was discharged as a part of the bankruptcy.

"State-certified production" means a sound recording production, or a series of productions, including, but not limited to, master and demonstration recordings, occurring over the course of a 12-month period, and the base production-related investment that is approved by the Department after receipt by the Department of a complete application for initial certification of a production.

"Tax credit award" means the issuance to a taxpayer by the Department of a tax credit award against the taxes imposed by subsections (a) and (b) of Section 201 of the Illinois Income Tax Act as provided in this Act.

(Source: P.A. 103-592, eff. 6-7-24; 103-1055, eff. 12-20-24.)

(35 ILCS 19/50-15)

Sec. 50-15. Powers of the Department. The Department, in addition to those powers granted under the Civil Administrative Code of Illinois, is granted and has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, but not limited to, the power and authority to:

(1) adopt rules that are necessary and appropriate for the administration of this Act;

(2) establish forms for applications, notifications, contracts, or any other agreements with respect to tax credits under this Act and to accept applications for tax credits under this Act at any time during the year;

(3) assist applicants for tax credits under this Act to promote, foster, and support sound recording and live theater development and production and its related job creation or retention within the State;

(4) gather information and conduct inquiries, as provided in this Act, required for the Department to comply with the provisions of this Act and, without limitation, to obtain information with respect to applicants for the purpose of making any designations or certifications necessary or desirable to assist the Department with any recommendation or guidance in the furtherance of the purposes of this Act and relating to applicants' participation in training, education, and recruitment programs that are organized in cooperation with Illinois colleges and universities or labor organizations designed to promote and encourage the training and hiring of Illinois residents who represent the diversity of the Illinois population;

(5) provide for sufficient personnel to permit administrative, staffing, operating, and related support required to adequately discharge the Department's duties and responsibilities under this Act from funds as may be appropriated by the General Assembly for the administration of this Act; and

(6) require that the applicant at all times keep proper books and records of accounts relating to the tax credit award, in accordance with generally accepted accounting principles consistently applied, and make those books and records available for reasonable Department inspection and audit, upon reasonable written request by the Department, during the applicant's normal business hours. Any documents or data made available to the Department or received by the Department from the applicant by any agent, employee, officer, or service provider shall be deemed confidential and shall not constitute public records to the extent that the documents or data consist of commercial or financial information regarding the operation by the applicant of any qualified music company theater or any accredited music theater production or any recipient of any tax credit award under this Act.

(Source: P.A. 103-592, eff. 6-7-24.)

(35 ILCS 19/50-35)

Sec. 50-35. Issuance of tax credit award certificate.

(a) In order to qualify for a tax credit award under this Act, an applicant must file an application for each qualified music company at each of the applicant's qualified facilities, on forms prescribed by the Department, providing information necessary to calculate the tax credit award and any additional information as reasonably required by the Department.

(b) Upon satisfactory review of the application, the Department shall issue a tax credit award certificate stating the amount of the tax credit award to which the applicant is entitled for that calendar tax year and shall contemporaneously notify the applicant and the Department of Revenue.

(c) For calendar tax years beginning on or after January 1, 2026, January 1, 2025, a taxpayer who has been awarded a tax credit under paragraph (b) of this Section is entitled to a credit against the taxes imposed under subsections (a) and (b) of Section 201 of the Illinois Income Tax Act.

(Source: P.A. 103-592, eff. 6-7-24.)

(35 ILCS 19/50-40)

Sec. 50-40. Amount and payment of the tax credit award.

(a) For calendar taxable years beginning on or after January 1, 2026, January 1, 2025, the Department shall determine the amount of the tax award under this Act. The award may not exceed 10% of the Illinois labor expenditures for the State-certified production if the QMC payroll of the qualified music company for the calendar taxable year does not exceed $150,000 or 15% of the Illinois labor expenditures for the State-certified production if the QMC payroll of the qualified music company for the calendar taxable year exceeds $150,000, plus all of the following:

(1) an additional 15% of the Illinois labor expenditures for the State-certified production generated by the employment of Illinois residents in geographic areas of high poverty or high unemployment in each calendar tax year, as determined by the Department; and

(2) an additional 7% of the Illinois labor expenditures for the State-certified production generated by the employment of individuals who are employed at a wage of no less than the general prevailing hourly rate as paid for work of a similar character in the locality in which the work is performed; and

(3) an additional 7% of the Illinois labor expenditures for the State-certified production incurred by a qualified music company and spent on post-production sound recording for television or film work completed in Illinois.

(b) To the extent that the base investment by a qualified music company is expended on a sound recording production of a resident copyright, the investor shall be allowed an additional 10% increase in the base investment rate.

(c) The aggregate amount of credits certified for all investors pursuant to this Section during any calendar year shall not exceed $2,000,000. No more than $200,000 in tax credits may be granted per calendar year for any single qualified music company.

(d) A business is eligible for participation in the program if the business meets all of the following criteria:

(1) The business is engaged directly or indirectly in the production, distribution, and promotion of music.

(2) The business is approved by the Director of Commerce and Economic Opportunity.

(e) Upon approval of a tax credit award under this Act, the Department shall issue a tax credit certificate to the applicant.

(Source: P.A. 103-592, eff. 6-7-24; 103-1055, eff. 12-20-24.)

(35 ILCS 19/50-45)

Sec. 50-45. Qualified music program evaluation and reports.

(a) (Blank).

The Department may make a recommendation to extend, modify, or not extend the program based on the evaluation.

(b) (Blank).

(c) On or before June 1 of each At the end of each fiscal year, the Department shall submit to the General Assembly a report for the prior calendar year that includes, without limitation:

(1) the identification of each vendor that provided goods or services that were included in a qualified music company's Illinois spending;

(2) a statement of the amount paid to each identified vendor by the qualified music program and whether the vendor is a minority-owned or women-owned business as defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act; and

(3) a description of the steps taken by the Department to encourage qualified music companies to use vendors who are minority-owned or women-owned businesses.

(Source: P.A. 103-592, eff. 6-7-24; 103-1055, eff. 12-20-24; 104-283, eff. 8-15-25.)

Section 40. The Southeastern Illinois Economic Development Authority Act is amended by changing Section 20 as follows:

(70 ILCS 518/20)

Sec. 20. Creation.

(a) There is created a political subdivision, body politic, and municipal corporation named the Southeastern Illinois Economic Development Authority. The territorial jurisdiction of the Authority is that geographic area within the boundaries of the following counties: Fayette, Cumberland, Clark, Effingham, Jasper, Crawford, Marion, Clay, Richland, Lawrence, Jefferson, Wayne, Edwards, Wabash, Hamilton, and White; Irvington Township in Washington County; and any navigable waters and air space located therein.

(b) The governing and administrative powers of the Authority shall be vested in a body consisting of 26 public 27 members and one ex officio member, as follows:

(1) Public members. Nine members shall be appointed by the Governor with the advice and consent of the Senate. The county board chairmen of the following counties shall each appoint one member: Clark, Clay, Crawford, Cumberland, Edwards, Effingham, Fayette, Hamilton, Jasper, Jefferson, Lawrence, Marion, Richland, Wabash, Washington, Wayne, and White.

(2) Ex officio member. The Director of Commerce and Economic Opportunity or the Director's designee shall serve as an ex officio member. One member shall be appointed by the Director of Commerce and Economic Opportunity.

All public members shall reside within the territorial jurisdiction of the Authority. The public members shall be persons of recognized ability and experience in one or more of the following areas: economic development, finance, banking, industrial development, state or local government, commercial agriculture, small business management, real estate development, community development, venture finance, organized labor, or civic or community organization.

(c) Fourteen members shall constitute a quorum, and the Board may not meet or take any action without a quorum present.

(d) The chairman of the Authority shall be elected annually by the Board.

(e) The terms of the initial members of the Authority shall begin 30 days after the effective date of this Act. Of the 10 original members appointed by the Governor and the Director of Commerce and Economic Opportunity pursuant to subsection (b), one shall serve until the third Monday in January, 2005; one shall serve until the third Monday in January, 2006; 2 shall serve until the third Monday in January, 2007; 2 shall serve until the third Monday in January, 2008; 2 shall serve until the third Monday in January, 2009; and 2 shall serve until the third Monday in January, 2010. The terms of the initial public members of the Authority appointed by the county board chairmen shall begin 30 days after the effective date of this amendatory Act of the 97th General Assembly. The terms of the initial public members appointed by the county board chairmen shall be determined by lot, according to the following schedule: (i) 4 shall serve until the third Monday in January, 2013, (ii) 4 shall serve until the third Monday in January, 2014, (iii) 3 shall serve until the third Monday in January, 2015, (iv) 3 shall serve until the third Monday in January, 2016, and (v) 3 shall serve until the third Monday in January, 2017. All successors to these initial members shall be appointed by the original appointing authority pursuant to subsection (b), and shall hold office for a term of 3 years commencing the third Monday in January of the year in which their term commences, except in the case of an appointment to fill a vacancy. Vacancies occurring among the members shall be filled for the remainder of the term. In case of a vacancy in a Governor-appointed membership when the Senate is not in session, the Governor may make a temporary appointment until the next meeting of the Senate when a person shall be nominated to fill the office and, upon confirmation by the Senate, he or she shall hold office during the remainder of the term and until a successor is appointed and qualified. Members of the Authority are not entitled to compensation for their services as members but are entitled to reimbursement for all necessary expenses incurred in connection with the performance of their duties as members. Members of the Board may participate in Board meetings by teleconference or video conference.

(f) The Governor may remove any public member of the Authority appointed by the Governor, and the Director of Commerce and Economic Opportunity may remove any member appointed by the Director, in case of incompetence, neglect of duty, or malfeasance in office. The chairman of a county board, with the approval of a majority vote of the county board, may remove any public member appointed by that chairman in the case of incompetence, neglect of duty, or malfeasance in office.

(g) The Board shall appoint an Executive Director who shall have a background in finance, including familiarity with the legal and procedural requirements of issuing bonds, real estate, or economic development and administration. The Executive Director shall hold office at the discretion of the Board. The Executive Director shall be the chief administrative and operational officer of the Authority, shall direct and supervise its administrative affairs and general management, perform such other duties as may be prescribed from time to time by the members, and receive compensation fixed by the Authority. The Executive Director shall attend all meetings of the Authority. However, no action of the Authority shall be invalid on account of the absence of the Executive Director from a meeting. The Authority may engage the services of the Illinois Finance Authority, attorneys, appraisers, engineers, accountants, credit analysts, and other consultants, if the Southeastern Illinois Economic Development Authority deems it advisable.

(Source: P.A. 103-517, eff. 8-11-23.)

Section 45. The Broadband Advisory Council Act is amended by changing Section 20 as follows:

(220 ILCS 80/20)

Sec. 20. Powers and duties of the Council generally.

(a) The Council shall:

(1) explore any and all ways to expand the availability to end-user customers of broadband services using available technologies, including, but not limited to, wireline, wireless, fixed wireless, and satellite applications;

(2) identify barriers to broadband adoption among the residents and small businesses of Illinois;

(3) research ways to eliminate barriers to adoption through measures such as: digital literacy programs; programs to assist older citizens in using broadband Internet access; programs to facilitate adoption by disabled citizens; and programs to encourage collaborative efforts among public universities, community colleges, libraries, public housing, and other institutions;

(4) assess the availability of broadband for low-income households compared to the availability of broadband for other households;

(5) explore the potential for increased use of broadband service for the purposes of education, career readiness, workforce preparation, and alternative career training;

(6) explore the potential for increased use of broadband services to facilitate aging in place;

(7) explore ways for encouraging State and municipal agencies, including public housing authorities, to expand the use of broadband services for the purpose of better serving the public, including audio and video streaming, voice-over Internet protocol, teleconferencing, and wireless networking;

(8) cooperate and assist in the expansion of electronic instruction and distance education services;

(9) as the Federal Communications Commission updates the benchmark downstream data rates and upstream data rates, publish the revised data rates in the Illinois Register within 60 days after the federal update; and

(10) evaluate the expansion of the Illinois Century Network to Illinois public schools, public libraries, and State-owned correctional institutions or facilities, including issuing recommendations for increasing agency staffing, infrastructure development, price modeling, and providing download speeds of at least one gigabyte per second and upload speeds of at least one gigabyte per second.

(b) In addition to the powers set forth elsewhere in this Act, the Council is hereby granted the powers necessary to carry out the purpose and intent of this Act, as enumerated in this Section, including, but not limited to:

(1) promoting awareness of public facilities that have community broadband access that can be used for distance education and workforce development; and

(2) advising on deployment of e-government portals such that all public bodies and political subdivisions have websites and encourage one-stop government access and that all public entities stream audio and video of all public meetings.

(c) The Council shall also:

(1) monitor the broadband-based development efforts of other states in areas such as business, education, aging in place, and health;

(2)receive input provided on a voluntary basis from all Illinois broadband stakeholders and advise the Governor and the General Assembly on policies related to broadband in Illinois, provided that no stakeholders shall be required to publicly disclose competitively sensitive information or information that could compromise network security or undermine the efficacy of reasonable network management practices, and that any such information voluntarily disclosed shall be protected from public disclosure; and

(3) serve as the broadband advocate to State agencies and other State entities to communicate the broadband needs of citizens and organizations that do not have access to broadband service or to broadband service adequate for their needs.

(d) The Council shall exercise its powers and authority to (1) advise and make recommendations to the General Assembly and the Governor on bringing broadband service to unserved and underserved rural and urban areas and improving broadband service statewide, (2) advise and make recommendations to the General Assembly and the Governor on facilitating broadband adoption by all citizens, and (3) propose statutory changes that may enhance and expand broadband in the State.

(e) The Council shall report to the General Assembly on or before January 31 January 1 of each year. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct. The report shall include the action that was taken by the Council during the previous year in carrying out the provisions of this Act. The Council shall also make any other reports as may be required by the General Assembly or the Governor.

(Source: P.A. 103-483, eff. 8-4-23.)

Section 50. The Energy Assistance Act is amended by changing Section 5 as follows:

(305 ILCS 20/5) (from Ch. 111 2/3, par. 1405)

Sec. 5. Policy Advisory Council.

(a) Within the Department of Commerce and Economic Opportunity is created a Low Income Energy Assistance Policy Advisory Council.

(b) The Council shall be chaired by the Director of Commerce and Economic Opportunity or his or her designee. There shall be 17 19 members of the Low Income Energy Assistance Policy Advisory Council, including the chairperson and the following members:

(1) one member designated by the Illinois Commerce Commission;

(2) (blank);

(3) one member designated by the Illinois Energy Association to represent electric public utilities serving in excess of 1 million customers in this State;

(4) one member agreed upon by gas public utilities that serve more than 500,000 and fewer than 1,500,000 customers in this State;

(5) one member agreed upon by gas public utilities that serve 1,500,000 or more customers in this State;

(6) one member designated by the Illinois Energy Association to represent combination gas and electric public utilities;

(7) one member agreed upon by the Illinois Municipal Electric Agency and the Association of Illinois Electric Cooperatives;

(8) one member agreed upon by the Illinois Industrial Energy Consumers;

(9) three members designated by the Department to represent low income energy consumers;

(10) two members designated by the Illinois Community Action Association to represent local agencies that assist in the administration of this Act;

(11) one member designated by the Citizens Utility Board to represent residential energy consumers;

(12) (blank); one member designated by the Illinois Retail Merchants Association to represent commercial energy customers;

(13) (blank); one member designated by the Department to represent independent energy providers; and

(14) three members designated by the Mayor of the City of Chicago.

(c) Designated and appointed members shall serve 2 year terms and until their successors are appointed and qualified. The designating organization shall notify the chairperson of any changes or substitutions of a designee within 10 business days of a change or substitution. Members shall serve without compensation, but may receive reimbursement for actual costs incurred in fulfilling their duties as members of the Council.

(d) The Council shall have the following duties:

(1) to monitor the administration of this Act to ensure effective, efficient, and coordinated program development and implementation;

(2) to assist the Department in developing and administering rules and regulations required to be promulgated pursuant to this Act in a manner consistent with the purpose and objectives of this Act;

(3) to facilitate and coordinate the collection and exchange of all program data and other information needed by the Department and others in fulfilling their duties pursuant to this Act;

(4) to advise the Department on the proper level of support required for effective administration of the Act;

(5) to provide a written opinion concerning any regulation proposed pursuant to this Act, and to review and comment on any energy assistance or related plan required to be prepared by the Department;

(6) to advise the Department on the use of funds collected pursuant to Section 11 of this Act, and on any changes to existing low income energy assistance programs to make effective use of such funds, so long as such uses and changes are consistent with the requirements of the Act.

(Source: P.A. 97-916, eff. 8-9-12.)

Section 55. The Cannabis Regulation and Tax Act is amended by changing Section 7-15 as follows:

(410 ILCS 705/7-15)

Sec. 7-15. Loans and grants to Social Equity Applicants.

(a) The Department of Commerce and Economic Opportunity shall establish grant and loan programs, subject to appropriations from the Cannabis Business Development Fund, for the purposes of providing financial assistance, loans, grants, and technical assistance to Social Equity Applicants.

(b) The Department of Commerce and Economic Opportunity has the power to:

(1) provide Cannabis Social Equity loans and grants from appropriations from the Cannabis Business Development Fund to assist Qualified Social Equity Applicants in gaining entry to, and successfully operating in, the State's regulated cannabis marketplace;

(2) enter into agreements that set forth terms and conditions of the financial assistance, accept funds or grants, and engage in cooperation with private entities and agencies of State or local government to carry out the purposes of this Section;

(3) fix, determine, charge, and collect any premiums, fees, charges, costs and expenses, including application fees, commitment fees, program fees, financing charges, or publication fees in connection with its activities under this Section;

(4) coordinate assistance under these loan programs with activities of the Illinois Department of Financial and Professional Regulation, the Illinois Department of Agriculture, and other agencies as needed to maximize the effectiveness and efficiency of this Act;

(5) provide staff, administration, and related support required to administer this Section;

(6) take whatever actions are necessary or appropriate to protect the State's interest in the event of bankruptcy, default, foreclosure, or noncompliance with the terms and conditions of financial assistance provided under this Section, including the ability to recapture funds if the recipient is found to be noncompliant with the terms and conditions of the financial assistance agreement;

(7) establish application, notification, contract, and other forms, procedures, or rules deemed necessary and appropriate; and

(8) utilize vendors or contract work to carry out the purposes of this Act.

(c) Loans made under this Section:

(1) shall only be made if, in the Department's judgment, the project furthers the goals set forth in this Act; and

(2) shall be in such principal amount and form and contain such terms and provisions with respect to security, insurance, reporting, delinquency charges, default remedies, and other matters as the Department shall determine appropriate to protect the public interest and to be consistent with the purposes of this Section. The terms and provisions may be less than required for similar loans not covered by this Section.

(d) Grants made under this Section shall be awarded on a competitive and annual basis under the Grant Accountability and Transparency Act. Grants made under this Section shall further and promote the goals of this Act, including promotion of Social Equity Applicants, job training and workforce development, and technical assistance to Social Equity Applicants.

(e) On or before January 31 of Beginning January 1, 2021 and each year thereafter, the Department shall annually report to the Governor and the General Assembly on the outcomes and effectiveness of this Section that shall include the following:

(1) the number of persons or businesses receiving financial assistance under this Section;

(2) the amount in financial assistance awarded in the aggregate, in addition to the amount of loans made that are outstanding and the amount of grants awarded;

(3) the location of the project engaged in by the person or business; and

(4) if applicable, the number of new jobs and other forms of economic output created as a result of the financial assistance.

(f) The Department of Commerce and Economic Opportunity shall include engagement with individuals with limited English proficiency as part of its outreach provided or targeted to attract and support Social Equity Applicants.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

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