HB0804eng 102ND GENERAL ASSEMBLY

HB0804 Engrossed LRB102 10881 SPS 16211 b

AN ACT concerning regulation.

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

Article 1. Findings

Section 1-5. Findings. The General Assembly finds that:

(a) The growing clean energy economy in Illinois can be a vehicle for expanding equitable access to public health, safety, a cleaner environment, quality jobs, economic opportunity, and wealth-building, particularly in economically disadvantaged communities and communities of black, indigenous, and people of color that have had to bear the disproportionate burden of dirty fossil fuel pollution.

(b) Placing Illinois on a path to 100% renewable energy is vital to a clean energy future. To bring this vision to fruition, our energy policy must prioritize a just transition that incentivizes renewable development and other carbon-reducing policies, such as energy efficiency, beneficial electrification, and peak demand reduction, while ensuring that the benefits and opportunities of a carbon-free future are accessible in economically disadvantaged communities, environmental justice communities, and communities of black, indigenous, and people of color.

(c) In the wake of federal reversals on climate action, the State of Illinois should pursue immediate action on policies that will ensure a just and responsible phase out of fossil fuels from the power sector to reduce harmful emissions from Illinois power plants, support power plant communities and workers, and allow the clean energy economy to continue growing in every corner of Illinois.

(d) Energy efficiency should form the basis of any robust clean energy policy. It is the cheapest clean energy resource, and efficiency upgrades help customers manage their energy bills directly by reducing the energy they need, and indirectly by holding demand and prices down statewide.

(e) The transportation sector is now the leading source of carbon pollution in Illinois, responsible for roughly one-third of all carbon emissions. The State of Illinois should set forth an ambitious goal to remove the equivalent of more than 1,000,000 gasoline and diesel-powered vehicles from our roads by quickly implementing new policies that expand access to transit, promote walking and biking mobility, and increase electric vehicle adoption. If managed appropriately, electric vehicle adoption will drastically reduce emissions from transportation, and could save Illinois residents billions of dollars.

(f) In addition to better air quality and a safer climate, Illinois residents who do not use electric vehicles also benefit from greater adoption through lower electric bills resulting from the greater use of the electric grid during off-peak hours.

(g) The State of Illinois should set forth an ambitious goal to transition all vehicle fleets operated by or on behalf of public agencies to full electric power. The transition to zero-emission fleets should be leveraged to promote increased investment in domestic manufacturing capacity within the emerging electric vehicle industry. The resulting new, high-skilled production jobs can also provide pathways into the middle class for racially, economically, and geographically marginalized communities. When procuring electric vehicles, public agencies shall use high-road economic development standards, like the U.S. Employment Plan. By using the U.S. Employment Plan or a Local Employment Plan, public agencies will incentivize electric vehicle companies to create and retain high-skilled manufacturing jobs with living wages and benefits; invest in domestic manufacturing facilities; and propose plans to recruit, train, and hire workers who face structural barriers to family-sustaining jobs and career pathways.

(h) Energy storage, such as batteries, can provide many services to the electricity grid that benefit the grid, including managing (or shaving) peak load, frequency regulation, voltage support, reserve capacity, and black-start capability. If that storage facilitates greater use of renewables, it can allow for more clean energy to be accessible, reduce pollution, and provide multiple benefits.

(i) Illinois needs to adopt a broad-based policy approach to decarbonize Illinois' electric sector (including electricity production and consumption) in a just and equitable manner that puts our State on track to phase out carbon dioxide emitting power plants by 2030.

(j) Illinois' policy approach must ensure the reduction of co-pollutant emissions that cause serious local health impacts, prioritizing environmental justice communities near power plants.

(k) As we decarbonize Illinois' electric sector, Illinois must create new investment to stimulate the economic and environmental well-being of communities disproportionately impacted by the historical operation of, and recent or expected closures of, fossil fuel power plants and coal mining operations.

(l) On January 23, 2019, Governor Pritzker signed an executive order committing Illinois as a signatory to the U.S. Climate Alliance to reduce state-based greenhouse gas emissions consistent with the 2015 Paris Agreement. This commitment identifies natural and working lands as a principal initiative to meet the associated carbon emissions reduction targets for Illinois. As Illinois works to reduce carbon emissions from the power generation and transportation sectors, Illinois can also lead the nation in recognizing the benefits of nature as a tool to both mitigate and adapt to climate change.

Article 5. Clean Jobs, Workforce and Contractor Equity Act

Part 1. Governance

Section 5-101. Short title. This Article may be cited as the Clean Jobs, Workforce and Contractor Equity Act.

Section 5-105. Findings.

(a) The General Assembly finds that the clean energy jobs sector, including renewables, energy efficiency, energy storage, and other related fields, is a growing sector in the State of Illinois and that programs to support a growing workforce and robust businesses in this sector would benefit from a centralized structure for community input and oversight and regional program administration to reduce costs, support knowledge sharing, and facilitate access to the programs.

(b) The General Assembly finds that the State of Illinois should build upon the success of the Future Energy Jobs Act and the Illinois Solar for All program by further expanding statewide equitable access to quality training, jobs, and economic opportunities across the entire clean energy sector in and throughout Illinois, including solar, wind, energy efficiency, transportation electrification, and other related clean energy industries, especially for members of the following communities across the State to enter and complete the career pipeline for clean energy jobs, with the goal of serving all of the following groups distributed across the network: (i) low-income persons and families; (ii) persons residing in environmental justice communities; (iii) BIPOC persons; (iv) justice-involved persons; (v) persons who are or were in the child welfare system; (vi) energy workers; (vii) members of any of these groups who are also women, transgender, or gender nonconforming persons; and (viii) members of any of these groups who are also youth, especially those who have had to bear the disproportionate burden of dirty fossil fuel pollution. The General Assembly further finds that the programs included in the Clean Jobs, Workforce and Contractor Equity Act are essential to equitable, statewide access to quality training, jobs, and economic opportunities across the clean energy sector.

(c) The General Assembly finds that the State of Illinois should build upon the success of the Future Energy Jobs Act and the Illinois Solar for All program by ensuring small, BIPOC clean energy businesses and contractors have equitable access to economic opportunities, including new clean energy jobs and investment created by the growing clean energy sector in Illinois.

(d) The General Assembly finds that serious challenges are posed for Illinois small business owners due to income and wealth disparities, that market barriers disproportionately impact BIPOC contractors and small business owners, obtaining certifications and program qualifications are an essential part of doing business in the clean energy economy and that discriminatory lending policies limit these businesses' access to capital.

(1) This finding is informed by a July 2020 analysis of 2018 U.S. Census American Community Survey data by the Center for American Progress which found that "while Black Americans make up 13 percent of the U.S. population, they own less than 2 percent of small businesses with employees. By contrast, white Americans make up 60 percent of the U.S. population but own 82 percent of small employer firms. If Black Americans enjoyed the same business ownership and success rates as their white counterparts, there would be approximately 860,000 additional Black-owned firms employing more than 10 million people." (A Blueprint for Revamping the Minority Business Development Agency, Center for American Progress July 31, 2020).

(2) This finding is also informed by the Federal Reserve Bank of Atlanta's December 2019 Small Business Credit Survey which examined and found disparities in reliance on personal funds/credit scores, loan application outcomes, reliance on higher cost and lower transparency credit products, loan approval rates and lender satisfaction. The survey concluded "Minority-owned firms more frequently reported financial challenges. Seventy-eight percent of Black-owned firms, and 69% of Asian- and Hispanic-owned firms did so, compared to 62% of White-owned businesses." (Small Business Credit Survey 2019 Report on Minority-Owned Firms, Federal Reserve Bank of Atlanta, December 2019).

(3) The General Assembly further finds that these disparities continue as businesses develop. This finding is informed by a December 2016 Stanford Institute for Economic Policy Research study that concluded "We find that African-American business ventures start smaller in terms of overall financial capital and invest capital at a slower rate in the years following startup. This means that funding differences present at the firm's founding persist and even worsen over time."

(4) For these reasons, the Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator Program is narrowly tailored to encourage and sustain the growth of BIPOC contractors in the Illinois clean energy economy through individualized coaching, specialized training, mentorships with established clean energy firms, operational support, appropriate business certifications and program enrollments and access to capital.

(e) The General Assembly finds that the clean energy jobs sector, including renewables, energy efficiency, energy storage, and other related fields, is a growing sector in the State of Illinois, that returning residents will be well served by considering employment in this field, and that the residents of the State of Illinois will benefit from the continued growth of jobs in this sector.

Section 5-110. Power of the Department. The Department may adopt such rules as the Director deems necessary to carry out the purposes of this Act.

Section 5-115. Definitions. As used in this Act:

"Advisory Board" means the Equity and Empowerment in Clean Energy Advisory Board as established in this Act.

"Black, indigenous, and people of color" and "BIPOC" are defined as people who are members of the groups described in subparagraphs (a) through (e) of paragraph (A) of subsection (1) of Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

"Clean Energy Jobs" means jobs in the solar energy, wind energy, energy efficiency, solar thermal, geothermal, and electric vehicle industries, and other renewable energy industries, including related industries that manufacture, develop, build, maintain, or provide ancillary services to renewable energy resources or energy efficiency products or services, including the manufacture and installation of healthier building materials that contain fewer hazardous chemicals. "Clean Energy Jobs" include administrative, sales, and other support functions within these industries.

"Community-based organization" means an organization in which:

(1) the majority of the governing body consists of local residents;

(2) at least one main operating office is in the community;

(3) priority issue areas are identified and defined by local residents;

(4) solutions to address priority issues are developed with local residents; and

(5) organizational program design, implementation, and evaluation components have local residents intimately involved in leadership positions in the organization.

"Department" means the Department of Commerce and Economic Opportunity, unless the text solely specifies a particular Department.

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

"Energy Efficiency" has the meaning set forth in Section 1-10 of the Illinois Power Agency Act.

"Energy worker" has the meaning set forth in Section 20-10 of the Energy Community Reinvestment Act.

"Environmental Justice Community" means the definition of that term based on existing methodologies and findings, used as may be updated by the Illinois Power Agency and its program administrator in the Illinois Solar for All program.

"Low-income" means persons and households whose income does not exceed 80% of the area median income, adjusted for family size and revised every 2 years.

"Primes Program Administrator" means the entity defined as such by Part 15 of this Act.

"Regional Administrator" means the entities selected according to Section 5-130 of this Act.

"Regional Primes Program Lead" means the entities defined as such by Part 15 of this Act.

"Renewable energy resources" has the meaning set forth in Section 1-10 of the Illinois Power Act.

Section 5-120. Purpose. The Equity and Empowerment in Clean Energy Advisory Board shall be established to advise and assist the Illinois Department of Commerce and Economic Opportunity in its efforts to administer the following programs as set forth in this Act: the Clean Jobs Workforce Hubs Program; the Expanding Clean Energy Entrepreneurship and Contractor Incubator Network Program; the Returning Residents Clean Jobs Training Program; and the Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator. The Illinois Department of Commerce and Economic Opportunity shall contract with 3 Regional Administrators as described in this Part to assist in the implementation of several of these programs, and shall develop a system of performance management and corrective action applicable to these programs.

Section 5-125. Equity and Empowerment in Clean Energy Advisory Board.

(a) Purpose. To ensure success and equity in the clean energy industry in Illinois, the General Assembly hereby creates an Equity and Empowerment in Clean Energy Advisory Board to oversee and advise the Department on the administration of the following programs set forth in this Act:

(1) the Clean Jobs Workforce Hubs Program;

(2) the Expanding Clean Energy Entrepreneurship and Contractor Incubator Network Program;

(3) the Returning Residents Clean Jobs Training Program; and

(4) the Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator.

(b) Meetings. The Department shall provide administrative support for and convene the Equity and Empowerment in Clean Energy Advisory Board within 90 days after the effective date of this Act. The Department shall convene at least one meeting of the Advisory Board every quarter. All meetings shall be accessible, with rotating locations, call-in and videoconference options, and materials and agendas circulated well in advance, and there shall also be opportunities for input outside of meetings from those with limited capacity and ability to attend, via one-on-one meetings, surveys, and calls subject to compliance with the Open Meetings Act.

(c) Duties. The Advisory Board:

(1) shall review reported program performance metrics, and may recommend harmonizing metrics across programs and additional metrics for collection, including, but not limited to, metrics tailored to a specific program or program delivery area;

(2) shall ensure program performance metrics are published and available to the public within 30 days after each advisory board meeting. Program performance metrics may be anonymized where necessary to prevent disclosure of private information about individuals. The Department shall also post Advisory Board meeting minutes on its website within 14 days after Board approval;

(3) shall ensure that notices of open requests for proposals and other business opportunities associated with the programs are widely circulated and available in the communities where each program is located and among communities who benefit from the programs;

(4) shall develop recommendations at least once every 3 months to aid the Department, program implementers, and other program partners in tracking and improving the performance of the Program;

(5) shall provide recommendations to the Department, program implementers, and other program partners to troubleshoot emergent challenges and identify emergent opportunities to improve the delivery of program elements in addition to those captured in collected metrics. The recommendations may be targeted toward any level or geographic area of implementation;

(6) shall collaborate with the Board Liaison, Department, and other program partners and vendors to inform updates to the public about Advisory Board activities;

(7) shall advise the Department, Regional Administrators, and Primes Program Administrator on the development of dispute resolution processes; and

(8) shall perform any other duties assigned to it by this Act.

(d) Composition and Terms. The Department shall appoint the Advisory Board within 90 days after the effective date of this Act and shall appoint new Advisory Board members as members' terms expire or members leave the Board. Members of the Advisory Board shall serve without compensation, but may be reimbursed for their reasonable and necessary expenses incurred in performing their duties. The Department shall provide administrative support to the Advisory Board, including the selection of a Department staff member to serve as a Board Liaison between the Department and the Advisory Board. The Department shall appoint interim members to the Advisory Board upon departures of members. The Advisory Board shall consist of the following 15 members that reflects the diversity and demographics of the State of Illinois:

(1) 2 low-income persons residing in communities listed in paragraphs (1) through (3) in subsection (b) of Section 5-130 of this Part;

(2) 2 residents of Environmental Justice Communities served by a Hub Site, as defined in Part 5 of this Act;

(3) one current or former participant trainee in the Clean Energy Entrepreneurship and Contractor Incubator Network Program. For the initial board term, the Department may select a current or former participant of a utility-supported contractor incubator program for this position;

(4) 2 members from community-based organizations in environmental justice communities and community-based organizations serving low-income persons and families;

(5) 2 members who are policy or implementation experts on small business development, contractor incubation, or small business lending and financing needs;

(6) 2 members who are policy or implementation experts on workforce development for populations and individuals such as low-income persons and families, environmental justice communities, BIPOC communities, justice-involved persons, persons who are or were in the child welfare system, energy workers, gender nonconforming and transgender individuals, and youth;

(7) 2 representatives of clean energy businesses, nonprofit organizations, worker-owned cooperatives, and other groups that provide clean energy contracting opportunities; and

(8) 2 representatives of labor unions.

At any time, the Board must contain at least 4 members who reside in each of the North, Central, and Southern sections of Illinois. The terms of the initial members of the Advisory Board shall be such that 5 members have initial 3-year terms, 5 members have initial 2-year terms, and 5 members have initial 1-year terms. After initial terms are complete, all members of the Advisory Board shall have 3-year terms. A majority of Board members shall constitute a quorum.

Section 5-130. Regional administrators.

(a) Within 180 days after the effective date of this Act, the Department shall convene and complete a comprehensive stakeholder process that includes, at minimum, representatives from community-based organizations in environmental justice communities, community-based organizations serving low-income persons and families, community-based organizations serving energy workers, and labor unions. The stakeholder process must include measures for process transparency to be posted on the Department website or initial program websites, such as a timeline for key decision points, detailed criteria implementing requirements specified in subsection (b) of this Section, and identification of opportunities for stakeholder participation and review. After completing the stakeholder process, the Department, in consultation with and with the approval of the Advisory Board, shall select 3 Regional Administrators to administer and coordinate the work of the following programs set forth in this Act:

(1) the Clean Jobs Workforce Hubs Program;

(2) the Expanding Clean Energy Entrepreneurship and Contractor Incubator Network Program; and

(3) the Returning Residents Clean Jobs Training Program.

(b) The Department shall select 3 unique Regional Administrators: one Regional Administrator for coordination of the work in the Northern Illinois Program Delivery Area, one Regional Administrator selected for coordination of the work in the Central Illinois Program Delivery Area, and one Regional Administrator selected for coordination of the work in the Southern Illinois Program Delivery Area. For purposes of this Act:

(1) The Northern Illinois Program Delivery Area includes areas in or near Chicago (South Side), Chicago (Southwest Side), Waukegan, Rockford, Aurora, Joliet, and one of the 3 sites to be selected based on the gap analyses described in subsection (b) of Section 5-515 of Part 5 of this Act and subsection (b) of Section 5-1010 of Part 10 of this Act.

(2) The Central Illinois Program Delivery Area includes areas in or near Peoria, Champaign, Danville, Decatur, and one of the 3 sites to be selected based on the gap analyses described in subsection (b) of Section 5-515 of Part 5 of this Act and subsection (b) of Section 5-1010 of Part 10 of this Act.

(3) The Southern Illinois Program Delivery Area includes areas in or near Carbondale, East St. Louis, and Alton, and one of the 3 sites to be selected based on the gap analyses described in subsection (b) of Section 5-515 of Part 5 of this Act and subsection (b) of Section 5-1010 of Part 10 of this Act.

(c) The Regional Administrators shall have strong capabilities, experience, and knowledge related to program development and fiscal management; cultural and language competency needed to be effective in their respective communities to be served; expertise in working in and with BIPOC and environmental justice communities; knowledge and experience in working with providers of clean energy jobs; and awareness of industry trends and activities, workforce development best practices, regional workforce development needs, regional and industry employers, and community development. The Regional Administrators shall demonstrate a track record of strong partnerships with community-based organizations.

(d) The Regional Administrators shall work together to coordinate the programs listed in paragraphs (1) through (3) of subsection (a) to ensure execution, performance, partnerships, marketing, and program access across the State that is as consistent as possible while respecting regional differences. The Regional Administrators shall work with Program Administrators and partner community-based organizations in their respective regions and Program Delivery Areas to deliver these programs and shall establish mechanisms to fund these partner community-based organizations for their work on these programs. Each of the Regional Administrators shall convene the community-based organizations delivering program elements in their Program Delivery Areas for a meeting once per quarter, at minimum, as well as monthly calls, at minimum. Each year, the Department shall convene a meeting of the Regional Administrators, contracted community-based organizations, and subcontracted entities.

(e) The Department shall oversee the coordination undertaken by all 3 Regional Administrators to ensure high-quality and equivalent service provision statewide. The Department shall require, at minimum, monthly coordination meetings including the Department and all 3 Regional Administrators to develop joint planning processes and coordination mechanisms with each of the Regional Administrators and among the 3 Regional Administrators such that they are functioning effectively and delivering parallel administration in their respective regions, and the Department shall also work to create joint planning opportunities and coordination mechanisms to enable the Regional Administrators to collaborate, particularly enabling the Regional Administrators to coordinate and collaborate to enhance program delivery within their respective program delivery areas.

(f) Regional Administrators shall present a regional status report consisting of, at minimum, the performance metrics detailed in the programs described in subsection (a) of this Section to the Advisory Board at each of its quarterly meetings.

(g) Regional Administrators shall take on additional duties related to the program administration as assigned by the Department.

Section 5-135. Corrective action.

(a) The Department shall maintain a performance management system to support the Primes Program Administrator, Regional administrators, and Regional Primes Program Leads in ensuring effective and high-quality implementation of the programs listed in Section 5-120 of this Part.

(b) If the Primes Program Administrator, a Regional Administrator, a Regional Primes Program Lead or contracted community-based organization or other vendor does not deliver contractually obligated program elements, objectives, or outcomes, even after multiple corrective action plans have been implemented, the Department or, in the case of community-based organizations or other vendors, the Regional Administrator may place the organization on probationary status, or as needed, terminate their services. The Department shall develop procedures to enable Regional Administrators to procure expedited replacement contracts to avoid any resulting disruption to the affected programs.

(c) If the Primes Program Administrator, a Regional Administrator, a Regional Primes Program Lead or contracted community-based organization or other vendor does not deliver contractually obligated program elements, objectives, or outcomes after corrective action has been implemented, the Department may take additional corrective action, including, but not limited to, a legally binding dispute resolution process.

(d) The Department, Primes Program Administrator, and Regional Administrators shall develop uniform guidelines for minimum components of corrective action plans, and guidelines for when probationary status or termination is deemed warranted for the Primes, Program Administrator, Regional Administrators, a Regional Primes Program Lead, contracted community-based organizations or other vendors. The Department, Primes Program Administrator, and Regional Administrators, with input from the Advisory Board, shall develop a uniform, legally binding mechanism for dispute resolution between contracted community-based organizations and their subcontracted entities to be implemented under the Primes Program Administrator, Regional Administrators or other identified mediator.

Section 5-140. Statewide program support lead. The Department may contract with an outside vendor to assist with program administration, contract management, management of Regional Administrators, or other functions, as needed.

Section 5-145. Agreements. All agreements entered into between the Department and entities for the purpose of implementing the programs listed in Section 5-120 of this Part shall contain provisions that provide for the implementation of this Act.

Section 5-150. Administration; rules. The Department shall administer this Act and shall adopt any rules necessary for that purpose.

Part 5. Clean Jobs Workforce Hubs Network Program

Section 5-505. Definitions. As used in this Part:

"Program" means the Clean Jobs Workforce Hubs Network Program.

Section 5-510. Clean Jobs Workforce Hubs Network Program.

(a) The Department shall develop, and through Regional Program Administrators administer, the Clean Jobs Workforce Hubs Network Program to create a network of 16 Program delivery Hub Sites with program elements delivered by community-based organizations and their subcontractors geographically distributed across the State.

(b) The Program shall provide direct and sustained support to members of one or more of the following members of communities across the State to enter and complete the career pipeline for clean energy jobs, with the goal of serving all of the following groups distributed across the network: (i) low-income persons; (ii) persons residing in environmental justice communities; (iii) BIPOC persons; (iv) justice-involved persons; (v) persons who are or were in the child welfare system; (vi) energy workers; (vii) members of any of these groups who are also women, transgender, or gender nonconforming persons; and (viii) members of any of these groups who are also youth.

(c) The Clean Jobs Workforce Hubs Network Program must:

(1) leverage community-based organizations, educational institutions, and community-based and labor-based training providers to ensure members of disadvantaged communities across the State have dedicated and sustained support to enter and complete the career pipeline for clean energy jobs; and

(2) develop formal partnerships, including formal sector partnerships between community-based organizations and (i) trades groups, (ii) labor unions, and (iii) entities that provide clean energy jobs, including businesses, nonprofit organizations, and worker-owned cooperatives to ensure that Program participants have priority access to high-quality preapprenticeship, apprenticeship, and other employment training and hiring opportunities.

Section 5-515. Clean Jobs Workforce Hubs Network.

(a) The Department must develop and, through Regional Administrators, administer the Clean Jobs Workforce Hubs Network.

(b) The Clean Jobs Workforce Hubs Network shall be made up of 16 Program delivery Hub Sites geographically distributed across the State, including at least one Hub Site located in or near each of the following areas: Chicago (South Side), Chicago (Southwest Side), Waukegan, Rockford, Aurora, Joliet, Peoria, Champaign, Danville, Decatur, Carbondale, East St. Louis, and Alton. Three additional Hub Sites shall be determined by the Department within 240 days after the effective date of this Act based on a gap analysis identifying areas with high concentrations of low-income residents, environmental justice communities, and energy workers that are otherwise underserved by the other 13 Hub Sites, as well as review of advisory recommendations from the Advisory Board specified in subsection (d) of Section 5-520. One of the additional sites shall be located in the Northern Illinois Program Delivery Area covering Northern Illinois, one of the additional sites shall be located in the Central Illinois Program Delivery Area covering Central Illinois, and one of the additional sites shall be located in the Southern Illinois Program Delivery Area covering Southern Illinois as specified in Section 5-130 of Part 1 of this Act.

(c) Program elements at each Hub Site shall be provided by a local community-based organization that shall be initially competitively selected by the Department within 330 days after the effective date of this Act and shall be subsequently competitively selected by the Department every 5 years. Community-based organizations delivering program elements outlined in subsection (d) may provide all elements required or may subcontract to other entities for provision of portions of program elements, including, but not limited to, administrative soft and hard skills for program participants, delivery of specific training in the core curriculum, or provision of other support functions for program delivery compliance. The Department and the Regional Administrators, with input from the Advisory Board, shall develop uniform minimum contractual requirements for competitively selected community-based organizations to provide the Program, uniform minimum contractual requirements for all Program subcontracts, and uniform templates for requests for proposals for all Program subcontracts.

(d) The Clean Jobs Workforce Hubs Network shall provide all of the following program elements:

(1) Community education and outreach about workforce and training opportunities to ensure the following persons are informed of clean energy workforce and training opportunities: (i) low-income persons; (ii) persons residing in environmental justice communities; (iii) BIPOC persons; (iv) justice-involved persons; (v) persons who are or were in the child welfare system; (vi) energy workers; (vii) members of any of these groups who are also women, transgender, or gender nonconforming persons; and (viii) members of any of these groups who are also youth.

(2) Implementation of the Clean Jobs Curriculum, which may include, but is not limited to training, preapprenticeship, certification preparation, job readiness, and skill development, including soft skills, math skills, technical skills, certification test preparation, and other development needed for Program participant members of disadvantaged communities specified in subsection (b) of Section 5-510.

(3) Development of strategies to ensure that participant members of communities specified in subsection (b) of Section 5-510 are invited, supported, and given preference in applying for both community-based and labor-based training opportunities, including apprenticeship and preapprenticeship programs, as well as degree and certificate credentials training programs. Strategies shall include, but are not limited to, targeted outreach and recruitment activities and events, and strategies may include, but are not limited to, articulation or matriculation agreements and memoranda of understanding with community-based and labor-based training opportunities, including preapprenticeship and apprenticeship programs, as well as degree and certificate credential training programs where relevant.

(4) A living wage-equivalent stipend program for Program participants to compensate for time in clean energy jobs-related training programs and help them pay for necessary living expenses during the training. This stipend shall be supplemented by funding for transportation, child care, certification preparation and testing fees, textbooks, tools and equipment, as well as other services and supplies needed to reduce barriers to their continued training and future employment during the length of programs.

(5) Job readiness, placement, and retention support services, which may include, but are not limited to, assistance in creating a resume, training in professional networking skills, training in job interview skills and preparation, on-the-job support and counseling, conflict resolution skills, financial literacy and coaching, and training in how to find open positions and pursuing opportunities to meet hiring contractors in training and apprenticeship programs to connect trainees to both union and nonunion career options with businesses, nonprofit organizations, worker-owned cooperatives, and other entities that provide clean energy jobs opportunities and to provide a direct resource for industry to identify qualified workers to meet program hiring or subcontracting requirements including, the workforce equity building actions required under Section 1-75 of the Illinois Power Agency Act and Section 16-128B of the Public Utilities Act. Placement activities shall include outreach to public agencies and utilities, as well as outreach to businesses, nonprofit organizations, worker-owned cooperatives, and other entities that provide clean energy jobs opportunities.

(6) Recruitment, communications, and ongoing engagement with potential employers, including, but not limited to, activities such as job matchmaking initiatives, hosting events such as job fairs, and collaborating with other Hub Sites to identify and implement best practices for employer engagement.

(e) Within 90 days after the effective date of this Act, the Department shall competitively select a community-based organization to assist with pre-Program launch public communications and stakeholder tracking, which shall begin within 120 days after the effective date of this Act and shall continue through Program launch. The Department may elect to initiate pre-Program communication of updates to the public between the effective date of this Act and competitive selection of a community-based organization to assist. Pre-Program launch communications and stakeholder tracking functions shall include, but are not limited to: (1) developing an initial email subscription list so that interested stakeholders and interested members of the public may sign up to receive email updates about the status of Program implementation, (2) develop an initial basic website including the initial email list subscription form and a page where public pre-Program updates shall be posted, (3) develop initial social media accounts where public pre-Program updates shall be posted, and (4) coordinate with the Department, Regional Administrators, and Advisory Board members to solicit information for the purposes of updating the public, as approved by the Department. Pre-Program updates shall include, but are not limited to, information about implementation timelines, selection of Hub Sites, selection of Advisory Board members, selection of Regional Administrators, selection of contracted organizations, updates from the Advisory Board, and other significant Program Administration updates. Pre-Program updates shall be disseminated to the public through the website, email list, and social media accounts no less frequently than once per month. Following Program launch, the Department shall either (A) assume direct fulfillment of all responsibilities of public communications and stakeholder tracking directly or (B) elect to continue to competitively select a community-based organization to continue these functions and develop all initial functions into ongoing Program functions. If the Department elects to continue to competitively contract these functions, the Department may either: (i) elect to extend the contract to the competitively selected community-based organization delivering these functions during the pre-Program launch period, and may do so for a period to be determined by the Department, but to not exceed 2 years following Program launch; or (ii) elect to competitively select another community-based organization to fulfill communications and stakeholder tracking functions. The Department shall subsequently competitively select a community-based organization to fulfill communications and stakeholder tracking functions every 2 years.

Section 5-520. Regional administrators.

(a) The Clean Jobs Workforce Network Hubs Program shall be administered by 3 Regional Administrators as described in Section 5-130 of Part 1 of this Act.

(b) The Advisory Board shall have the duties given to it by Part 1 of this Act as it relates to the Program. In addition, the Advisory Board shall provide recommendations to the Department to complement the gap analysis and selection of 3 Primary Hub Sites as specified in Section 5-130 of Part 1 of this Act.

(c) The Department shall require submission of quarterly reports including program performance metrics by each Hub Site to the Regional Administrator of their Program Delivery Area, as specified in subsection (a) of Section 5-1015 of Part 10, in a time and manner as prescribed by the Department. Each Regional Administrator shall collect, track, and simultaneously submit quarterly reports to the Department and the members of the Advisory Board, including program performance metrics reported in a format that allows for review of the metrics both (i) for each individual Hub Site and (ii) aggregated by Program Delivery Area. Each Regional Administrator shall provide technical assistance to each individual Hub Site in their Program Delivery Area in building systems and capacity to collect data. Program Performance metrics include, but are not limited to, the following information collected for each Program trainee, where applicable:

(1) demographic data, including racial, gender, and geographic distribution data, on Program trainees entering the Program;

(2) demographic data, including racial, gender, and geographic distribution data, on Program trainees graduating the Program;

(3) demographic data, including racial, gender, and geographic distribution data, on Program trainees who are placed in employment, including the percentages of trainees by race, gender, and geographic categories in each individual job type or category and whether employment is union, nonunion, or nonunion via temp agency;

(4) trainee job retention statistics, including the duration of employment (start and end dates of hires) by race, gender, and geography;

(5) hourly wages, including hourly overtime pay rate, and benefits of trainees placed into employment by race, gender, and geography;

(6) percentage of jobs by race, gender, and geography held by Program trainees or graduates that are full-time equivalent positions, meaning that the position held is full-time, direct, and permanent based on 2,080 hours worked per year (paid directly by the employer, whose activities, schedule, and manner of work the employer controls, and receives pay and benefits in the same manner as permanent employees); and

(7) qualitative data consisting of open-ended reporting on pertinent issues, including, but not limited to, qualitative descriptions accompanying metrics or identifying key successes and challenges.

The Department shall also, on a quarterly basis, make the program performance metrics provided under this subsection (c) available to the public on its website and on the Program website.

(d) Within 3 years after the effective date of this Act, and subsequently at least once every 3 years thereafter, the Department shall select an independent evaluator to review and prepare a report on the performance of the Program and the Regional Administrators. The evaluation shall be based on, but not limited to, the quantitative and qualitative program performance metrics specified in subsection (g) and objective criteria developed through a comprehensive public stakeholder process. In preparing the report, the independent evaluator shall include participation and recommendations from persons including, but not limited to, members of the Advisory Board, additional Program participants who are not already serving as members of the Advisory Board, and additional Program stakeholders including organizations in environmental justice communities and organizations serving low-income persons and families. The report shall include a summary of the evaluation of the Program, as well as an appendix including a review of submitted recommendations and a compilation of reported program performance metrics for the period covered by the evaluation. The report shall be posted publicly on the Department's website and the Program website, and shall be used, as needed, to improve implementation of the Program. Between evaluation due dates, the Department shall maintain the necessary records and information required to satisfy the evaluation requirements.

Section 5-525. Clean jobs curriculum.

(a) Within 90 days after the effective date of this Act, the Department shall convene a comprehensive stakeholder process that includes representatives from the Illinois State Board of Education, the Illinois Community College Board, the Department of Labor, community-based organizations, workforce development providers, labor unions, building trades, educational institutions, residents of BIPOC and low-income communities, residents of environmental justice communities, as well as clean energy businesses, nonprofit organizations, worker-owned cooperatives, other groups that provide clean energy jobs opportunities, and other participants to identify the career pathways and training curriculum needed to prepare workers to enter clean energy jobs as defined in Section 5-115 and build careers. The curriculum shall:

(1) identify the core training curricular competency areas needed to prepare workers to enter clean energy jobs as defined in Section 5-115, such as those included in, but not limited to, the Multi-Craft Core Curriculum, U.S. Department of Labor Employment and Training Administration-sponsored CareerOneStop Renewable Energy Competency Model, the Electric Vehicle Infrastructure Training Program;

(2) identify a set of certifications relevant for clean energy job types to be included in respective training programs and used to inform core training Curricular competency areas, such as, but not limited to, North American Board of Certified Energy Practitioners (NABCEP) Board Certifications, Interstate Renewable Energy Council (IREC) Accredited Certificate Programs, American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) ANSI/ISO accreditation standard certifications, Electric Vehicle Infrastructure Training Program Certifications, and UL Certification for EV infrastructure;

(3) identify a set of required core cross-training competencies provided in each training area for clean energy jobs with the goal of enabling any trainee to receive a standard set of skills common to multiple training areas that would provide a foundation for pursuing a career composed of multiple clean energy job types;

(4) include approaches to integrate broad occupational training to provide career entry into the general construction and building trades sector and any remedial education and work readiness support necessary to achieve educational and professional eligibility thresholds;

(5) identify, directly or through references to external resources, career pathways for clean energy jobs types, such as, but not limited to, pathways identified in: IREC Careers in Climate Control Technology Map, IREC Solar Career Map for Workforce Training, NABCEP Certification Career Map, and U.S. Department of Labor's Bureau of Labor Statistics Green Jobs Initiative; and

(6) identify on-the-job training formats, where relevant; and identify suggested trainer certification standards, where relevant.

(b) Within 180 days after the stakeholder process is convened, the Department shall publish a report that includes the findings, recommendations, and core curriculum identified by the stakeholder group and shall post a copy of the report on its public website. The Department shall convene the process described to update and modify the recommended curriculum every 3 years to ensure the curriculum contents are current to the evolving clean energy industries, practices, and technologies.

(c) Organizations that receive funding to provide training under the Clean Jobs Workforce Hubs Network Program, including, but not limited to, community-based and labor-based training providers, and educational institutions must use the core curriculum that is developed under this Section.

Section 5-530. Funding. To provide direct, sustained support for the Program, the Department shall be responsible for overseeing the development and implementation of the Program, and each year shall, subject to appropriation, allocate at least $1,000,000 to each of the 16 community-based organizations providing program elements at the 16 Hub Sites described in this Act, including for the purposes of providing Program elements through subcontracted entities. Funding of $26,000,000 for the Program shall be made available from the Energy Community Reinvestment Fund.

Section 5-535. Administrative review. All final administrative decisions, including, but not limited to, funding allocation and rules issued, made by the Department under this Part are subject to judicial review under the Administrative Review Law and its rules. No action may be commenced under this Section prior to 60 days after the complainant has given notice in writing of the action to the Department.

Part 10. Expanding Clean Energy Entrepreneurship

and Contractor Incubator Network Program

Section 5-1001. Definitions. As used in this Part:

"Program" means the Expanding Clean Energy Entrepreneurship and Contractor Incubator Network Program.

Section 5-1005. Expanding Clean Energy Entrepreneurship and Contractor Incubator Network Program.

(a) The Department shall develop and, through Regional Program Administrators, administer the Expanding Clean Energy Entrepreneurship and Contractor Incubator Network Program to create a network of 16 Program delivery Hub Sites with program elements delivered by community-based organizations and their subcontractors geographically distributed across the State.

(b) The Program shall provide direct and sustained support for the development and growth of BIPOC participant contractors and provide the needed resources for entities to be able to effectively compete for, gain, and execute clean energy-related projects that create clean energy jobs. The Program shall provide direct and sustained support for a portion of disadvantaged BIPOC contractors in the Program who are previous graduates of the Clean Jobs Workforce Hubs Network Program to further develop wealth-building opportunities, and career paths in clean energy contracting and the creation of clean energy jobs.

Section 5-1010. Expanding Clean Energy Entrepreneurship and Contractor Incubator Network.

(a) The Department shall develop and, through Regional Program Administrators, administer the Expanding Clean Energy Entrepreneurship and Contractor Incubators Network.

(b) The Clean Energy Entrepreneurship and Contractor Incubator Network Program shall be made up of 16 Program delivery Hub Sites geographically distributed across the State, including at least one Hub Site located in or near each of the following areas: Chicago (South Side), Chicago (Southwest Side), Waukegan, Rockford, Aurora, Joliet, Peoria, Champaign, Danville, Decatur, Carbondale, East St. Louis, and Alton. Three additional sites shall be determined by the Department within 240 days after the effective date of this Act based on a gap analysis identifying areas with high concentrations of low-income residents, environmental justice communities, and energy workers that are otherwise underserved by the other 13 Hub Sites, as well as review of advisory recommendations from the Advisory Board. One of the additional sites shall be located in the Northern Illinois Program Delivery Area covering Northern Illinois, one of the additional sites shall be located in the Central Illinois Program Delivery Area covering Central Illinois, and one of the additional sites shall be located in the Southern Illinois Program Delivery Area covering Southern Illinois as specified in Part 1 of this Act.

(c) Program elements at each Hub Site shall be provided by a local community-based organization that shall be initially competitively selected by the Department within 330 days after the effective date of this Act and shall be subsequently competitively selected by the Department every 5 years. Community-based organizations delivering program elements required in subsection (d) of this Section may provide all of the elements required at each Hub Site or may subcontract to other entities for the provision of portions of program elements, including, but not limited to, administrative soft and hard skills for program participants, delivery of training in the core curriculum, or the provision of other support functions for program delivery compliance. The Regional Administrators, with input from the Program Advisory Board, shall develop uniform minimum contractual requirements for competitively selected community-based organizations to provide the Program, uniform minimum contractual requirements for all Program subcontracts, and uniform templates for requests for proposals for all Program subcontracts.

(d) The Expanding Clean Energy Entrepreneurship and Contractor Incubator Network Program shall provide the following program elements:

(1) access to low-cost capital for small and BIPOC clean energy businesses and contractors to be able to compete on a level playing field with more established, capitalized businesses across the entire clean energy sector in Illinois, including solar, wind, energy efficiency, transportation, electrification, solar thermal, geothermal, and other renewable energy industries;

(2) support for obtaining financial assurance, including, but not limited to: bonding; back office services; insurance, permits, training and certifications; business planning; and other needs that will allow BIPOC participant contractors to effectively compete for clean energy-related projects, incentive programs, and approved vendor and qualified installer opportunities;

(3) development, mentoring, training, networking, and other support needed to allow BIPOC participant contractors to: (i) build their businesses and connect to specific projects, (ii) register as approved vendors where applicable, (iii) engage in approved vendor subcontracting and qualified installer opportunities, (iv) Develop partnering and networking skills, (v) compete for capital and other resources, and (vi) execute clean energy-related project installations and subcontracts;

(4) outreach and communications capability to ensure that BIPOC participant contractors, community partners, and potential contractor clients are aware of and engaged in the Program;

(5) prevailing wage compliance training and back office support to implement prevailing wage practices; and

(6) recruitment, communications, and ongoing engagement with potential entities that hire contractors and subcontractors, and program administrators of programs providing renewable energy resource-related projects, incentive programs, and approved vendor and qualified installer opportunities, including, but not limited to, activities such as matchmaking initiatives, hosting events, and collaborating with other Hub Sites to identify and implement best practices for engagement.

(e) Within 90 days after the effective date of this Act, the Department shall competitively select a community-based organization to assist with pre-Program launch public communications and stakeholder tracking, which shall begin within 120 days after the effective date of this Act and shall continue through Program launch. The Department may elect to initiate pre-Program communication of updates to the public between the effective date of this Act and competitive selection of a community-based organization to assist. Pre-Program launch communications and stakeholder tracking functions shall include, but are not limited to, the following: (1) developing an initial email subscription list so that interested stakeholders and interested members of the public may sign up to receive email updates about the status of Program implementation, (2) develop an initial basic website including the initial email list subscription form and a page where public pre-Program updates shall be posted, (3) develop initial social media accounts where public pre-Program updates shall be posted, and (4) coordinate with the Department, Regional Administrators, and Advisory Board members to solicit information for the purposes of updating the public, as approved by the Department. Pre-Program updates shall include, but are not limited to, information about implementation timelines, selection of Hub Sites, selection of Advisory Board members, selection of Regional Administrators, selection of contracted organizations, updates from the Advisory Board, and other significant Program Administration updates. Pre-Program updates shall be disseminated to the public through the website, email list, and social media accounts no less frequently than monthly. Following Program launch, the Department shall either (A) assume direct fulfillment of all responsibilities of public communications and stakeholder tracking directly or (B) elect to continue contracting with a competitively selected community-based organization to provide these functions and develop all initial functions into ongoing Program functions. If the Department elects to continue to competitively contract these functions, the Department may either (i) extend the contract to the competitively selected community-based organization delivering the functions during the pre-Program launch period, and may do so for a period to be determined by the Department, but not to exceed 2 years following Program launch, or (ii) elect to competitively select another community-based organization to fulfill communications and stakeholder tracking functions. The Department shall subsequently competitively select a community-based organization to fulfill communications and stakeholder tracking functions once every 2 years.

Section 5-1015. Regional administrators.

(a) The Clean Energy Entrepreneurship and Contractor Incubator Network Program shall be administered by 3 Regional Administrators as described in Section 5-130 of Part 1 of this Act. In addition, the Regional Administrators shall administer the Departments loan and grant programs, where relevant, as specified in subsection (a) of Section 5-1010 of this Part.

(b) The Advisory Board shall have the duties given to it by the Part 1 of this Act as they relate to the Program. In addition, the Advisory Board shall provide recommendations to the Department to complement the gap analysis and selection of 3 Primary Hub Sites as specified in Section 5-130 of Part 1 of this Act.

(c) The Department shall require submission of quarterly reports including program performance metrics by each Hub Site to the Regional administrator of their Program Delivery Area as specified in subsection (a) of Section 5-1015 in a time and manner prescribed by the Department. Each Regional Administrator shall collect, track, and simultaneously submit quarterly reports to the Department and the Advisory Board, including program performance metrics reported in a format that allows for review of the metrics both (i) for each individual Hub Site and (ii) aggregated by Program Delivery Area. Each Regional Administrator shall provide technical assistance to each individual Hub Site in their Program Delivery Area in building systems and capacity to collect data. Program performance metrics include, but are not limited to, the following information collected for each Program participant:

(1) demographic data, including racial, gender, and geographic distribution data, on BIPOC participant contractors entering and graduating the Program;

(2) number of projects completed by BIPOC participant contractors, solo or in partnership;

(3) number of partnerships with BIPOC participant contractors that are expected to result in contracts for work by the BIPOC participant contractor;

(4) changes, including growth, in BIPOC participant contractors' business revenue;

(5) number of new hires by BIPOC participant contractors;

(6) demographic data, including racial, gender, and geographic distribution data as well as average wage data, for new hires by BIPOC participant contractors;

(7) demographic data, including racial, gender, and geographic distribution data of ownership of BIPOC participant contractors;

(8) certifications held by BIPOC participant contractors, including, but not limited to, registration under Business Enterprise for Minorities, Women, and Persons with Disabilities Act program and other programs intended to certify BIPOC entities;

(9) number of Program sessions attended by BIPOC participant contractors;

(10) indicators relevant for assessing general financial health of BIPOC participant contractors; and

(11) qualitative data consisting of open-ended reporting on pertinent issues, including, but not limited to, qualitative descriptions accompanying metrics or identifying key successes and challenges.

The Department shall, on a quarterly basis, make program performance metrics provided under this subsection (g) available to the public on its website and on the Program website.

(d) Within 3 years after the effective date of this Act, and subsequently at least once every 3 years, the Department shall select an independent evaluator to evaluate and prepare a report on the performance of the Program and Regional Administrators. The evaluation shall be based on the quantitative and qualitative program performance metrics and reports specified in subsection (g) and objective criteria developed through a comprehensive public stakeholder process. The process shall include participation and recommendations from Program participants, Advisory Board members, additional current and former Program participants who are not already serving as members of the Advisory Board, and additional Program stakeholders, including organizations in environmental justice communities and serving low-income persons and families. The report shall include a summary of the evaluation of the Program, as well as an appendix that includes a review of submitted recommendations and a compilation of reported program performance metrics for the period covered by the evaluation. The report shall be posted publicly on the Department's website and shall be used, as needed, to improve implementation of the Program. The Department shall maintain the necessary information and records required to satisfy the evaluation requirements.

Section 5-1020. Jobs and Environmental Justice Grant Program.

(a) In order to provide upfront capital to support the development of projects, businesses, community organizations, and jobs creating opportunity for Black, Indigenous, and People of Color, the Program shall create and administer a Jobs and Environmental Justice Grant Program. The grant program shall be designed to help remove barriers to project, community, and business development caused by a lack of capital.

(b) The grant program shall provide grant awards of up to $1 million per application to support the development of renewable energy resources as defined in Section 1-75 of the Illinois Power Agency Act, and Energy Efficiency projects as defined in Sections 8-103B and 8-104.1 of the Public Utilities Act. The amount of a grant award shall be based on a project size and scope. Grants shall be provided upfront, in advance of other incentives, to provide businesses and organizations with capital needed to plan, develop, and execute a project. Grants shall be designed to coordinate with and supplement existing incentive programs, such as the Adjustable Block Program, the Solar for All Program, the Community Solar Program, and renewable energy procurements as described in the Illinois Power Agency Act, as well as utility Energy Efficiency programs as described in Sections 8-103B and 8-104.1 of the Public Utilities Act.

(c) Grants shall be awarded to businesses and nonprofit organizations for costs related to the following activities and project needs:

(1) planning and project development, including costs for professional services such as architecture, design, engineering, auditing, consulting, and developer services;

(2) project application, deposit, and approval;

(3) purchasing and leasing of land;

(4) permitting and zoning;

(5) interconnection application costs and fees, studies, and expenses;

(6) equipment and supplies;

(7) community outreach, marketing, and engagement;

(8) staff and operations expenses.

(d) Grants shall be awarded for projects that meet the following criteria:

(1) provide community benefit, defined as greater than 50% of the project's energy provided or saved that benefits low-income residents, not-for-profit organizations providing services to low-income households, affordable housing owners, or community-based limited liability companies providing services to low-income households. In the case of Community Solar projects, projects must provide preferential or exclusive access for local subscribers or donated power;

(2) are located in environmental justice communities, as that term has been defined based on existing methodologies and findings used by the Illinois Power Agency and its Administrator of the Illinois Solar for All Program;

(3) provide on-the-job training, as time and scope permits;

(4) contract with contractors who are participating or have participated in the Expanding Clean Energy Entrepreneurship and Contractor Incubators Network Program, or similar programs, for a minimum of 50% of project costs; and

(5) employ a minimum of 51% of its workforce from participants and graduates of the Clean Jobs Workforce Hubs Network Program and Returning Residents Program as described in this Act.

(e) Grants shall be awarded to applicants that meet the following criteria:

(1) achieve a minimum of 105 points in the equity points systems described in paragraph (7) of subsection (c) of Section 1-75 of the Illinois Power Agency Act, or meet the equity building criteria in paragraph (9.5) of subsection (g) of Section 8-103B of the Public Utilities Act or in paragraph (9.5) of subsection (j) of Section 8-104.1 of the Public Utilities Act; and

(2) provide demonstrable proof of a historical or future, and persisting, long-term partnership with the community in which the project will be located.

(f) The application process for the grant program shall not be burdensome on applicants, nor require extensive technical knowledge, and be able to be completed on less than 4 standard letter-sized pages.

(g) The Program shall coordinate its grant program with the Clean Energy Jobs and Justice Fund to coordinate grants under this program with low-interest and no-interest financing opportunities offered by the fund.

(h) The grant program shall have a budget of $20,000,000 per year, for a minimum of 4 years, and continued after that until funds are no longer available or the program is ended by the Department.

Section 5-1025. Funding. To provide direct, sustained support for the Program, the Department shall be responsible for overseeing the development and implementation of the Program, and each year shall, subject to appropriation, allocate at least $800,000 to each of the 16 community-based organizations providing program elements at the 16 Hub Sites described in this Act, including for the purposes of providing program elements through subcontracted entities. Funding of $21,000,000 per year for the Program shall be made available from the Energy Community Reinvestment Fund, and funding of $20,000,000 per year for the Jobs and Environmental Justice Grant Program shall be made available from the Energy Community Reinvestment Fund.

Section 5-1030. Administrative review. All final administrative decisions, including, but not limited to funding allocation and rules issued, made by the Department under this Part are subject to judicial review under the Administrative Review Law and its rules. No action may be commenced under this Section prior to 60 days after the complainant has given notice in writing of the action to the Department.

Part 15. Illinois Clean Energy Black, Indigenous, and People

of Color Primes Contractor Accelerator

Section 5-1501. Definitions. As used in this Part:

"Approved Vendor" means the definition of that term used and as may be updated by the Illinois Power Agency.

"Contractor Incubator" means an incubator authorized under Part 10 of this Act.

"Illinois Clean Energy Jobs and Justice Fund" means the fund created in the Illinois Clean Energy Jobs and Justice Fund Act.

"Mentor Company" means a private company selected to provide business mentorship to Program participants as described in Section 5-1535 of this Part.

"Minority Business" means a minority-owned business as described in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

"Minority Business Enterprise certification" means the certification or recognition certification affidavit from the State of Illinois Department of Central Management Services Business Enterprise Program or a program with equivalent requirements more narrowly tailored to the needs of prime contractors.

"Primes Program Administrator" means the entity or person selected to be responsible for management of the Program as established in Section 5-1505 of this Part.

"Regional Primes Program Lead" means the entity or person selected to be responsible for management of the Program as established in Section 5-1505 of this Part.

"Program" means the Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator Program.

"Participant" means the persons and organizations selected to participate in the Program.

"Returning Resident" is defined as in Part 20 of this Act.

"Workforce Hub" means a workforce training program authorized under Part 5 of this Act.

Section 5-1505. Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator Program components.

(a) The Department of Commerce and Economic Opportunity shall create and implement, consistent with the requirements of this Part, an Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator. The offerings for Program participants shall include the following:

(1) a 5-year, 6-month progressive course of one-on-one coaching designed to assist each participant in developing an achievable five-year business plan, including review of monthly metrics, advice on achieving the Program participant's goals such as obtaining relevant business certifications and preparing for prime contracting opportunities;

(2) operational support grants not to exceed $1 million annually;

(3) interest-free and low-interest loans available through the Illinois Clean Energy Jobs and Justice Fund or comparable financial mechanism;

(4) business coaching by outside consultants, based on the participant's individual needs;

(5) a mentorship of approximately 2 years provided by a qualified company in the participant's field;

(6) full access to Contractor Incubator services including courses and workshops, informational briefings about opportunities created by the Clean Energy Jobs Act and other Illinois focused clean energy opportunities, access to jobs and project portals, contractor networking, job fairs, and monthly contractor cohort meetings;

(7) technical assistance with applying for Minority Business Enterprise certification and other relevant certifications as well as Approved Vendor status for Illinois programs offered by utilities or other similar entities;

(8) technical assistance with preparing bids and Request for Proposal applications for programs created by the Clean Energy Jobs Act and other Illinois focused clean energy opportunities;

(9) opportunities to participate in procurement programs organized by the Department to provide bulk discounts on tools, equipment, and supplies; and

(10) opportunities to be listed in any relevant directories and databases organized by the Department.

(b) The Department and Primes Program Administrator shall coordinate Program events and training designed to connect the Program participants with the programs created in Parts II and III of this Act.

(c) The Department and Primes Program Administrator shall coordinate with the Illinois Power Agency's Adjustable Block Program and Illinois Solar For All program to connect Program participants with funding opportunities created by the Adjustable Block Program and Illinois Solar For All program.

(d) The Department and Primes Program Administrator shall coordinate with the electric, gas and water utilities to connect Program participants with Approved Vendor and other service provider and incentive opportunities in areas including energy efficiency and electric vehicles.

(e) The Department and Primes Program Administrator shall coordinate financial development assistance programs such as zero- and low-interest loans with the Illinois Clean Energy Jobs and Justice Fund or a comparable financing mechanism. The Department and Primes Program Administrator shall retain authority to determine loan repayment terms and conditions.

Section 5-1510. Program administration.

(a) The Department shall, in consultation with the Advisory Board, hire or contract a Primes Program Administrator within 180 days after the effective date of this Act.

(b) The Department shall select a Primes Program Administrator with the following qualifications:

(1) experience running a large contractor-based or Approved Vendor business in Illinois;

(2) experience coaching businesses;

(3) experience participating in or managing a mentorship program;

(4) experience in the Illinois clean energy industry;

(5) experience working with diverse, underserved, and environmental justice communities; and

(6) experience working with or participating in businesses owned by BIPOC persons.

(c) Responsibilities of the Primes Program Administrator. The Primes Program Administrator shall be responsible for the following:

(1) managing the Regional Primes Program Leads to develop an 18-month Program budget as well as a 6-year forecast to guide expenditures in the regions;

(2) working with the Regional Primes Program Leads to design a Program application including a shareable description of how participants will be selected;

(3) working with the Regional Primes Program Leads and the partners in the programs described in Parts 5 and 10 of this Act to publicize the Program;

(4) working with the Regional Primes Program Leads and the Advisory Board to implement the recommendations on acceptance of potential Program participants and awarded funding;

(5) working with the Regional Primes Program Leads to design and implement a mentorship program including stipend level recommendations and guidelines for any Mentor Company-mentee profit sharing or purchased services agreements;

(6) working with the Regional Primes Program Leads to ensure participants are quickly on-boarded into the Program and begin tapping Program resources;

(7) collecting and reporting metrics related to cohort recruiting and formation to the Department and the Advisory Board;

(8) reviewing the work plans and annual goals of all participants. Reviewing all approved Mentor Companies and the stipends they will be awarded;

(9) conducting an annual assessment of the mentorship program including Mentor Company and mentee interviews, Mentor Company and mentee satisfaction ratings, and input from the Regional Primes Program Leads and creating a consolidated report for Department and the Advisory Board;

(10) consolidating and reporting metrics related to participant contractor engagement in other Illinois clean energy programs such as the Adjustable Block Program, Illinois Solar for All, and the utility-run energy efficiency and electric vehicle programs;

(11) reviewing each participant's annual progress through the Program and any recommendations from the Regional Primes Program Lead about whether the participant should continue in the Program, be considered a Program graduate, and whether adjustments to ongoing and future grant money, loans and Contractor Incubator service access are needed; and

(12) other duties as required to effectively and equitably administer the Program.

(d) Within 90 days after being hired, the Primes Program Administrator, in consultation with the Department and the Advisory Board, shall contract with 3 Regional Primes Program Leads. The Regional Primes Program Leads will report directly to the Primes Program Administrator.

(e) The Regional Primes Program Leads selected by the Primes Program Administrator shall have the following qualifications:

(1) experience running a large contracting or Approved Vendor business in Illinois;

(2) experience in the Illinois clean energy industry;

(3) experience coaching businesses;

(4) experience with a mentorship program;

(5) relationships with suitable potential Mentor Companies in the region;

(6) experience working with diverse, underserved, and environmental justice communities;

(7) experience working with or participating in businesses owned by BIPOC persons; and

(8) ability and willingness to be located within the region they will be leading.

(f) The Regional Primes Program Leads shall have the following responsibilities:

(1) developing Program marketing materials and working with the Workforce Hubs and Contractor Incubators in the region and their community partners to publicize the Program. The budget shall include funds to pay community-based organizations with a track record of working with diverse, underserved, and environmental justice communities to complete this work;

(2) recruiting qualified Program applicants;

(3) assisting Program applicants in understanding and completing the application process;

(4) coordinating with the Department and the Advisory Board to select qualified applicants for Program participation and determine how to allocate funding among selected participants;

(5) introducing participants to the Program offerings;

(6) upon entry of each Program participant and each year thereafter, conducting a detailed assessment with each participant to identify needed training, coaching, and other Program services;

(7) upon entry of each Program participant and each year thereafter, assisting each participant in developing goals in terms of each Program element, and assessing progress toward meeting the goals established in previous years' work plans;

(8) assisting Program participants in receiving their Minority Business Enterprise certification and any other relevant certifications and Approved Vendor statuses;

(9) matching each participant with Contractor Incubator offerings and individualized expert coaching, including training on working with returning residents and the second chance companies that employ them, as needed;

(10) pairing each Program participant with a Mentor Company;

(11) facilitating connections between each Program participant to potential subcontractors and employees;

(12) dispensing each participant's awarded operational grant funding;

(13) connecting each participant to zero- and low-interest loans from the Illinois Clean Energy Jobs and Justice Fund or a comparable financing mechanism;

(14) ensuring that each participant applies for appropriate project opportunities funded by the State of Illinois or businesses or individuals located within Illinois;

(15) reviewing each participant's progress through the Program and making a recommendation to the Department and the Advisory Board about whether the participant should continue in the Program, be considered a Program graduate, and whether adjustments to ongoing and future grant funding, loans and related service access overseen by the Advisory Board are needed; and

(16) other duties as required to effectively and equitably administer the Program.

Section 5-1515. Eligibility for program participation.

(a) The Program will accept applications to become Program participants from any person with the following qualifications:

(1) 2 or more years of experience in a clean energy or a related contracting field;

(2) at least $5,000 in annual business; and

(3) businesses with Minority Business Enterprise certification or recognition certification affidavit from the State of Illinois Department of Central Management Services Business Enterprise program or that meet the definition of a minority-owned business as described in Section 2 of the Business Enterprise for Minorities, Women and Persons with Disabilities Act.

(b) Applicants for Program participation shall be allowed to reapply for a future cohort if they are not selected for participation, and the Primes Program Administrator shall inform each applicant of this option.

Section 5-1520. Participant selection.

(a) Each region will select a new cohort of participant contractors every 18 months.

(b) Each regional cohort will include between 3 and 5 participants.

(c) The application for positions as a program participant shall be standardized across regions and require the following information:

(1) company history, financial information, and visibility;

(2) list of up to the 5 most recent years' projects with basic information including customer names and locations, partner names if any, community profit-sharing arrangements if any, and total revenues, payroll expenses and subcontracting expenses;

(3) list of future projects, if any, with same details as the paragraph (2);

(4) a year-by-year plan showing how program-requested operational grants, program-requested zero-interest and low-interest loans and self-funding, private investments and completed project profits will create growth for the applicant company; and

(5) details on partnerships, including any community-based organizations partnership for workforce development, subscriber recruitment and conducting information sessions as well as subcontracting relationships and sources of private capital. Projected spending shall be included for these items.

(d) Applicants will be scored up to 50 points based on the components outlined in subsection (c).

(e) Application who designate themselves as energy efficiency applicants can be awarded additional points as follows:

(1) Up to 15 points based on projected hiring and industry job creation via subcontracting year-by-year, including description of wages, salaries and benefits;

(2) Up to 15 points based on a clear vision of growing the business in a strategic way;

(3) Up to 10 points based on a clear vision of how increased capitalization would benefit the business;

(4) Up to 10 points based on past project performance in the areas of work quality, adherence to best practices and demonstration of technical knowledge;

(f) Applications who do not designate themselves as energy efficiency applicants pursuant to paragraph (e) of this Section can be awarded additional points as follows:

(1) Up to 10 points based on outside capital and capacity the applicant is anticipated to bring to project development;

(2) Up to 10 points based on ratio of grants to loans requested as a measure of how much of the risk the applicant is willing to assume;

(3) Up to 10 points based on the anticipated revenues from future projects;

(4) Up to 10 points based on projected hiring and industry job creation via subcontracting year-by-year, including description of wages, salaries and benefits;

(5) Up to 10 points based on any model proposed to build wealth in the larger underserved community through profit sharing, transfer of asset ownership (such as solar panels) and other means.

(g) The Primes Program Administrator shall select Program participants based on the application score, the Program's ability to accommodate the requested grants and loans, and the expectation of a contractor cohort that approximates the racial diversity in the region. The Primes Program Administrator shall cap contractors in the energy efficiency sector at 50% of available cohort spots and 50% of available grants and loans if possible.

(h) Regional Primes Program Leads shall review applications, conduct one-on-one interviews, and, if possible, visit work sites of promising candidates.

(i) Regional Primes Program Leads shall recommend a cohort of selected contractors and a corresponding budget to the Primes Program Administrator for final approval. Applicants not recommended for approval are allowed to petition the Primes Program Administrator, the Department and the Advisory Board for consideration.

(j) Regional Primes Program Leads shall make cohort recommendations to the Primes Program Administrator, the Department and the Advisory Board. Applicants may be asked to make a short presentation to the Department and the Advisory Board prior to a final determination on acceptance. Final selection of contractor participants rests with the Department.

Section 5-1525. Metrics and goals for program participants.

(a) Upon each participant's acceptance into the Program, the Regional Primes Program Leads shall solicit, and Program participants shall be required to provide, the following information to prepare a baseline report on the Program participant's business:

(1) information necessary to understand the financial health of the Program participant;

(2) income from past project development;

(3) the certifications that the Program participant is seeking to obtain;

(4) employee data including salaries, length of service and demographics;

(5) subcontractor data including demographics (if available or applicable); and

(6) community profit-sharing and joint ownership data (if available or applicable).

(b) The Regional Primes Program Leads shall to the greatest extent practical establish a monthly metric reporting system with each of the participating contractors and track the metrics for progress against the contractor's work plan and Program goals. Regional Primes Program Leads shall compile, and require Program participants to provide information for, the following metrics on a monthly basis:

(1) information necessary to understand the financial health of the Program participant;

(2) information about project development including bids submitted, projects started, projects completed and related project-based expenses and income, and the percentage of projects where contractor is acting as the prime contractor;

(3) the certifications that the Program participant is seeking to obtain and progress in obtaining those certifications;

(4) employee data including salaries, length of service and demographics, as well as whether any newly hired employees are graduates of programs contained in the Clean Jobs Workforce Hub Act;

(5) subcontractor data (if applicable) including demographics, details on salaries, length of service and demographics of any industry jobs created, and whether the subcontractors are participants in or graduates of programs contained in Part 10 of this Act;

(6) community profit-sharing and joint ownership data (if available or applicable);

(7) amounts of grants and loans provided through the Program;

(8) log of completed Program activities including personalized training, coaching, and approximate hours of Program support;

(9) log of interaction with the participant's Mentor Company and the participant's satisfaction with the Mentor Company relationship;

(10) information on the Program participant's satisfaction with Regional Primes Program Lead and the Program overall; and

(11) Upon graduation from the Program, participants shall continue to provide metric data outlined in (1), (4), (5) and (6) annually for 10 years.

(c) In accordance with the goal of creating an individualized experience for each participant, nonperformance issues with Program participants will be addressed with one-on-one coaching from the Regional Primes Program Lead and necessary resources. Individual contractor performance issues shall be reported up to the Primes Program Administrator on a quarterly basis with issues designated as "resolved", "in remediation", or "needing a resolution" as appropriate.

(d) Individual contractors can request assignment to a different Mentor Company if warranted.

Section 5-1530. Regional cohort and program-level metrics and goals.

(a) Regional Primes Program Leads shall report the following metrics and progress on indicated goals to the Primes Program Administrator on a timeline established by the Primes Program Administrator:

(1) cohort recruiting efforts, including the geography targeted, events held, budget allocated for recruiting, and audience-appropriateness of language and graphics in all Program materials;

(2) program applications received;

(3) participant selection data including racial and geographic breakdown;

(4) program participants with ongoing issues as described in subsection (c) of Section 5-1525 of this Part;

(5) retention of participants in each cohort;

(6) total projects bid, started, and completed by participants, including information about revenue, hiring, and subcontractor relationships with projects;

(7) total certifications issued;

(8) employment data for contractor hires and industry jobs created including demographic, salary, length of service and geographic data;

(9) grants and loans distributed;

(10) hours logged in activities including the mentorship program; and

(11) program participant satisfaction with the Program.

(b) The Primes Program Administrator shall compile data at both the regional level and the overall Program level and create quarterly reports for the Department and the Advisory Board and an annual report for the Illinois General Assembly. Reporting provided to the Department and General Assembly will be anonymized to protect the data of Program participants, although some reporting by zip code or other geographic segment may be included. It will highlight how the Program is building wealth through increased revenues of participating companies, new hiring, creation of industry jobs, increased revenues of the larger pool of BIPOC subcontractors and through community arrangements that provide for passive income streams and asset ownership.

Section 5-1535. Mentorship Program

(a) The Regional Primes Program Leads shall recruit private companies to serve as mentors to Program participants. The primary role of the Mentor Companies shall be to assist Program participants in succeeding in the clean energy industry.

(b) The Primes Program Administrator may select Mentor Companies with the following qualifications:

(1) excellent standing with state clean energy programs;

(2) 4 or more years of experience in the field in which they will serve as a Mentor Company; and

(3) a proven track record of success in the field in which they will serve as a Mentor Company.

(c) The Regional Primes Program Leads shall collaborate with Mentor Companies and the mentee Program participants to create a plan for ongoing contact in opportunities such as on-the-job training, site walkthroughs, business process and structure walkthroughs, quality assurance and quality control reviews, and other relevant activities. Mentor Companies may identify what level of stipend they require.

(d) The Regional Primes Program Lead shall recommend the Mentor Company-mentee pairings and associated Mentor Company stipends to the Primes Program Administrator for approval.

(e) The Regional Primes Program Lead shall conduct an annual review of each Mentor Company-mentee pairing and recommend whether it continues for a second year and the level of stipend that is appropriate. The review will also ensure that any profit-sharing and purchased services agreements adhere to the guidelines established by the Primes Program Administrator.

Section 5-1540. Program budget.

(a) The Department shall allocate $3 million annually to the Primes Program Administrator for each of the 3 regional budgets from the Energy Community Reinvestment Fund.

(b) Each regional budget will be developed collaboratively by the Primes Program Administrator and the corresponding Regional Primes Program Lead. The budget will cover Program administration, Program publicity and candidate recruitment, training and certification costs, operational support grants for Program participants, Mentor Company stipends and loan loss reserves for contractor capitalization as well as other costs the Primes Program Administrator deems to be necessary or beneficial for the implementation of the Program.

(c) The Primes Program Administrator shall conduct budgeting in conjunction with Illinois Clean Energy Jobs and Justice Fund or comparable financing institution so that loan loss reserves are sufficient to underwrite $7 million in low-interest loans in each of the 3 regions.

(d) All available grant and loan funding should be made available to Program participants in a timely fashion.

Part 20. Returning Residents Program

Section 5-2001. Purpose. The Returning Residents Clean Jobs Training Program shall be established within the Illinois Department of Commerce and Economic Opportunity in an effort to assist inmates in their rehabilitation through training that prepares them to successfully hold employment in the clean energy jobs sector upon their release from incarceration.

Section 5-2005. Definitions. As used in this Part:

"Commitment" means a judicially determined placement in the custody of the Department of Corrections on the basis of conviction or delinquency.

"Committed person" means a person committed to the Department of Corrections.

"Correctional institution or facility" means a Department of Corrections building or part of a Department of Corrections building where committed persons are detained in a secure manner.

"Discharge" means the end of a sentence or the final termination of a detainee's physical commitment to and confinement in the Department of Corrections.

"Program" means the clean energy jobs instruction established by this Part.

"Program Administrator" means the person or entity selected to administer and coordinate the work of the Illinois Returning Residents Clean Jobs Training Program as established in Section 5-2030 of this Part.

"Regional Administrator" means the person or entity selected to administer and coordinate programs as described in Section 5-130 of Part 1 of this Act.

"Returning resident" means any United States resident who is: 17 years of age or older; in the physical custody of the Department of Corrections and scheduled to be re-entering society within 12 months.

Section 5-2010. Program.

(a) General. The Returning Residents Clean Jobs Training Program shall be based on a curriculum designed to be as similar as practical to the Clean Energy Jobs Training Programs available for persons not committed as established in Part 5 of this Act. The program shall include structured hands-on activities in correctional institutions or facilities, including classroom spaces and outdoor spaces, to instruct participants in the core curriculum established in Part 5 of this Act.

(b) Connected Services. The program shall be designed and operated to allow participants to graduate from the program as hireable in the solar power and energy efficiency industries. The program shall provide participants with the knowledge and ability to access the necessary mental health, case management, and other support services, both during the program and after graduation, to ensure they are successful in the clean energy jobs sector.

(c) Recruitment of Participants. The Program Administrators shall implement a recruitment process to educate committed persons on the benefits of the program and how to enroll in the program. This recruitment process must reach both men's correctional institutions and facilities and women's correctional institutions and facilities.

(d) Connection to Employers. The Program Administrators shall be responsible for connecting program graduates with potential employers in the solar power and energy efficiency and related industries. The Regional Administrators shall assist the Program Administrators with this task.

(e) Graduation. Participants who successfully complete all assignments in the program shall be considered graduates and shall receive a program graduation certificate, as well as any certifications earned in the process.

Section 5-2015. Administrative rules; eligibility.

(a) A committed person in a correctional institution or facility is eligible if the committed person:

(1) is not prohibited by Illinois statute from entering a residence or public building as a result of a previous conviction;

(2) is within 12 months of expected release;

(3) volunteers, or is recommended to participate, with a strong interest in the program and in securing and keeping a clean energy job upon completion of the program and release;

(4) meets all program and testing requirements;

(5) is willing to follow all program requirements; and

(6) is willing to participate in all prescribed program events including the required wrap-around/support services.

(b) The Department of Corrections shall provide data needed to determine eligibility and work with the Program Administrator to select individuals for the training program.

Section 5-2020. Program entry and testing requirements.To enter the Returning Residents Clean Jobs Training Program, committed persons must complete a simple application, undergo an interview and coaching session, and pass the Test for Adult Basic Education. The Returning Residents Clean Jobs Training Program shall include a one week "pre" program boot camp that ensures the candidates understand and are interested in continuing the program. Candidates that successfully complete the "pre" program boot camp shall continue to the full program.

Section 5-2025. Administrative rules; drug testing. A clean drug test is required to complete the Returning Residents Clean Jobs Training Program. A drug test shall be administered at least once prior to graduation, and, if positive, it shall not result in immediate expulsion, but outreach must be performed to offer assistance and mitigation. An additional clean test is then required to complete the program.

Section 5-2030. Curriculum and program administration.

(a) Curriculum.

(1) General. The Returning Residents Clean Jobs Training Program shall be based on a curriculum designed to be as similar as practical to the Clean Energy Jobs Training Programs available for persons not committed as established in Part 5 of this Act, with a focus on preparing graduates for employment in the solar power and energy efficiency industries.

(2) Curriculum design and public comment. The Department shall design a draft curriculum for the implementation of the Returning Residents Clean Jobs Training Program by making adjustments to the Clean Energy Jobs Training Programs curriculum to meet in-facility requirements. The Department shall consult with the Department of Corrections to ensure all curriculum elements may be available within Department of Corrections facilities. The Department shall then publish the draft curriculum no more than 120 days after the effective date of this Act, and solicit public comments on the draft curriculum for at least 30 days prior to beginning program implementation.

(3) Curriculum goals and skills. Program participants shall be instructed in skills that prepare them for employment in the clean energy industry. The Program shall focus on solar and energy efficiency training, including both technical and soft skills necessary for success in the field.

(A) Solar power training. Program participants shall receive training focused on accessing opportunities in the solar industry and earning the necessary certifications to work in the solar industry as a solar tech including installation, maintenance, technical work, and sales.

(B) Energy efficiency training. Program participants shall receive training focused on accessing opportunities in the energy efficiency industry and earning the necessary certifications to work in the energy efficiency industry through training in building science principles, sales of solar technology, installation, maintenance, and the skills needed to become an energy auditor, building analyst, or HVAC Tech.

(C) Additional hard and soft skills for clean energy jobs. Training shall include, but is not limited to, job readiness training, mental health assessment and services, and addiction recovery services.

(4) Guidebook. The Program Administrators shall collaborate to create and publish a guidebook that allows for the implementation of the curriculum and provides information on all necessary and useful resources for program participants and graduates.

(b) Program administration.

(1) Program administrators.

(A) Within 210 days after the effective date of this Act, the Department shall complete the following:

(i) Convene a comprehensive stakeholder process that includes, at minimum, representatives from community-based organizations in environmental justice communities, community-based organizations serving low-income persons and families, community-based organizations serving energy workers, and labor unions, to seek input on the administration of this program.

(ii) Gather input from the comprehensive stakeholder process and publish a summary of the input received during the stakeholder process, along with an implementation plan incorporating input from the stakeholder process on the Department website or the initial Program website. The implementation plans shall also be provided to the Advisory Board.

(iii) Hold a 30-day public comment period seeking input on the implementation plans.

(iv) In consultation with the Regional Administrators and Advisory Board, select a Program Administrator for each of the three regions: North, Central, and South, to administer and coordinate the work of the Illinois Returning Residents Clean Jobs Training Program. Candidates shall be evaluated with input from the Advisory Board.

(B) The Program Administrators shall have strong capabilities, experience, and knowledge related to program development and economic management; cultural and language competency needed to be effective in the respective communities to be served; expertise in working in and with BIPOC and environmental justice communities; knowledge and experience in working with providers of clean energy jobs; and awareness of solar power and energy efficiency industry trends and activities, workforce development best practices, and regional workforce development needs, and community development. The Program Administrators shall demonstrate a track record of strong partnerships with community-based organizations.

(C) The Program Administrators shall coordinate with Regional Administrators and the Clean Jobs Workforce Hubs Network Program to ensure execution, performance, partnerships, marketing, and program access across the State that is as consistent as possible while respecting regional differences. The Program Administrators shall work with partner community-based organizations in their respective regions and Program Delivery Areas to deliver the Program.

(D) The Program Administrators shall collaborate to create and publish an employer "Hiring Returning Residents" handbook that includes benefits and expectations of hiring returning residents, guidance on how to recruit, hire, and retain returning residents, guidance on how to access state and federal tax credits and incentives, resources from federal and state, guidance on how to update company policies to support hiring and supporting returning residents, and an understanding of the harm in one-size fits all policies toward returning residents. The handbook shall be updated every 5 years or more frequently if needed to ensure its contents are accurate. The handbook shall be made available on the Department's website.

(E) The Program Administrators shall work with potential employers and employers who hire graduates to collect data needed to ensure program participant success and to evaluate success of the program, including, but not limited to:

(i) candidates interviewed and hiring status;

(ii) graduate employment status, such as hire date, salary grade changes, hours worked, and separation date;

(iii) key demographics by project or project category; and

(iv) continuing education and certifications gained by program graduates.

The Program Administrators will work with potential employers to promote company policies to support hiring and supporting returning residents via employee/employer liability, coverage, insurance, bonding, training, hiring practices, and retention support. The Program Administrator will provide services such as, but not limited to, job coaching and financial coaching to program graduates to support their employment longevity. The Program Administrators shall report data needed to ensure program participant success and to evaluate success of the program to the Department, Regional Administrators, and Advisory Board.

(F) The Program Administrators shall identify clean energy job opportunities and assist participants in achieving employment. The program shall include at least one job fair; include job placement discussions with clean energy employers; establish a partnership with Illinois solar energy businesses and trade associations to identify solar employers that support and hire returning residents, and; involve the Department, Regional Administrators, and the Advisory Board in finding employment for participants and graduates in the solar power and energy efficiency industries.

(G) The Program Administrators shall work with graduates to maintain contact, including quarterly check-ins, and ensure access to the necessary mental health, case management, and other support services, both during the program and after graduation, to ensure they are successful in the clean energy jobs sector.

(2) Community Organizations. Program Administrators may contract with local community-based organizations to provide program elements at each facility. Contracts with local community-based organizations shall be initially competitively selected by the Department within 330 days after the effective date of this Act and shall be subsequently competitively selected by the Department every 5 years. Community-based organizations delivering the program elements outlined may provide all elements required or may subcontract to other entities for the provision of portions of program elements, including, but not limited to, administrative soft and hard skills for program participants, delivery of specific training(s) in the core curriculum, or provision of other support functions for program delivery compliance. The Department and the Regional Administrators shall collaborate to develop uniform minimum contractual requirements for competitively selected community-based organizations to provide the Program, uniform minimum contractual requirements for all Program subcontracts, and uniform templates for Requests For Proposals for all Program subcontracts.

(3) Scheduling and Delays. The Department should aim to include training in conjunction with other pre-release procedures and movements. Delays in a workshop being provided shall not cause delays in discharge. Detainees may not be prevented from attending workshops due to staffing shortages, lockdowns, conflicts with family or legal visits, court dates, medical appointments, commissary visits, recreational sessions, dining, work, class, or bathing schedules. In case of conflict or staffing shortages, returning residents must be given full opportunity to attend a workshop at a later time.

(4) Coordination with Clean Jobs Workforce Hubs Network Program, established by Part 5 of this Act to Provide Pre-Release Training. The Program Administrators may establish shortened Clean Jobs Training Programs at facilities that are designed to prepare and place graduates in the Clean Jobs Workforce Hubs following release from commitment. These programs may focus on technical skills that prepare participants for clean energy jobs as well as other generalized workforce and life skills necessary for success. Any graduate of these programs must be guaranteed placement in a Clean Jobs Workforce Hub training program.

Section 5-2035. Advisory Board and program management.

(a) The Advisory Board shall review the Returning Residents Clean Jobs Training Program, implement and enforce the policies and requirements of the program and the Program Administrators, and review, approve, and make adjustments to the implementation policies and deliverables of the Program Administrators and other program implementers. The Advisory Board shall ensure that metrics and a reporting structure are in place to support successful implementation. These metrics shall include, but are not limited to:

(1) demographics of each entering and graduating class;

(2) percent of graduates employed at 6 and 12 months after release;

(3) recidivism rate of program participants at 3 and 5 years after release; and

(4) information on the type of employment, whether full or part time or seasonal, and pay rates achieved by program graduates.

The metrics and performance outcomes shall be shared with the Department and with Program Administrators and implementers for the program created by Part 5 of this Act. All program implementers should have input before major changes to policy, metrics, or outcomes are determined. Program metrics and performance outcomes shall be published on the Department's website annually.

(b) The Director of the Department of Corrections shall ensure that the wardens or superintendents of all correctional institutions and facilities visibly post information on the program in common areas of their respective institutions, broadcast the same via in-house institutional information television channels, and distribute updated information in a timely, visible, and accessible manner.

(c) All program content and materials shall be distributed annually to the Community Support Advisory Councils of the Department of Corrections for use in re-entry programs across this State.

Section 5-2040. Returning Residents Clean Jobs Training Program monitoring and enforcement.

(a) The Director of Corrections shall ensure that wardens or superintendents, program, educational, and security and movement staff permit program workshops to take place, and that returning residents are escorted to workshops in a consistent and timely manner.

(b) Compliance with this Part shall be monitored by a report published annually by the Department of Corrections containing data, including numbers of returning residents who enrolled in the program, numbers of returning residents who completed the program, and total numbers of individuals discharged. Other data that shall be collected include the number of people hired, the type of employment (full-time versus part-time; permanent versus seasonal short-term contract), the salary grade of people hired every 3 months, certifications of people hired every 3 months, the demographic mix of project teams per project, and the recidivism rate over 3 to 5 years. Data shall be disaggregated by institution, discharge, or residence address of resident, and other factors.

Section 5-2045. Funding. The Funding for this program shall be subject to appropriation from the Energy Community Reinvestment Fund and other sources. The Director of the Department of Commerce and Economic Opportunity may, upon consultation with the Director of Corrections, allocate funding to the Department of Corrections as necessary to offset costs incurred by the Departments of Corrections in program implementation.

Section 5-2050. Access. The program instructors and staff shall have access to Department of Corrections institutions and facilities as needed, including, but not limited to, classroom space and outdoor space, with an expectation that they shall follow all facility procedures and protocols.

Article 10. Illinois Clean Energy

Jobs and Justice Fund Act

Section 10-1. Short title. This Article may be cited as the Illinois Clean Energy Jobs and Justice Fund Act.

References in this Article to "this Act" mean this Article.

Section 10-5. Purpose.

The purpose of this Act is to promote the health, welfare, and prosperity of all the residents of this State by ensuring access to financial products that allow Illinois residents and businesses to invest in clean energy. Furthermore, the Illinois Clean Energy Jobs and Justice Fund, is designed to fill the following purposes:

(1) Ensure that the benefits of the clean energy economy are equitably distributed;

(2) Make clean energy accessible to all through the provision of innovative financing opportunities and grants for Minority Business Enterprises (MBE) and other contractors of color, and for low-income, environmental justice, and BIPOC communities and the businesses that serve these communities;

(3) Prioritize the provision of public and private capital for clean energy investment to MBEs and other contractors of color, and to businesses serving low-income, environmental justice, and BIPOC communities;

(4) Accelerate the flow of private capital into clean energy markets;

(5) Assist low-income, environmental justice, and BIPOC community utility customers in paying for solar and energy efficiency upgrades through energy cost savings;

(6) Increase access to no- and low-cost loans for MBE and other contractors of color;

(7) Develop financing products designed to compensate for historical and structural barriers preventing low-income, environmental justice, and BIPOC communities from accessing traditional financing;

(8) Leverage private investment in clean energy projects and in projects developed by MBEs and other contractors of color; and

(9) Pursue financial self-sustainability through innovative financing products.

Section 10-10. Definitions. For the purpose of this act, the following terms shall have the following definitions:

"Black, indigenous, and people of color" or "BIPOC" is defined as people who are members of the groups described in subparagraphs (a) through (e) of paragraph (A) of subsection (1) of Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

"Board" means the Board of Directors of the Illinois Clean Energy Jobs and Justice Fund.

"Contractor of color" means a business entity that is at least 51% owned by one or more BIPOC persons, or in the case of a corporation, at least 51% of the corporation's stock is owned by one or more BIPOC persons; and the management and daily business operations of which are controlled by one or more of the BIPOC persons who own it. A contractor of color may also be a nonprofit entity with a board of directors composed of at least 51% BIPOC persons or a nonprofit entity certified by the State of Illinois to be minority-led.

"Environmental justice communities" means the definition of that term based on existing methodologies and findings used by the Illinois Power Agency and its Administrator of the Illinois Solar for All Program.

"Fund" means the Illinois Clean Energy Jobs and Justice Fund.

"Low-income" means households whose income does not exceed 80% of Area Median Income (AMI), adjusted for family size and revised every 5 years.

"Low-income community" means a census tract where at least half of households are low-income.

"Minority-owned business enterprise" or "MBE" means a business certified as such by an authorized unit of government or other authorized entity in Illinois.

"Municipality" means a city, village, or incorporated town.

"Person" means any natural person, firm, partnership, corporation, either domestic or foreign, company, association, limited liability company, joint stock company, or association and includes any trustee, receiver, assignee, or personal representative thereof.

Section 10-15. Clean Energy Jobs and Justice Fund.

(a) Formation. Not later than 30 days after the effective date of this Act, there shall be incorporated a nonprofit corporation to be known as the "Clean Energy Jobs and Justice Fund."

(b) Limitation. The Fund shall not be an agency or instrumentality of the State Government.

(c) Full faith and credit. The full faith and credit of the State of Illinois shall not extend to the Fund.

(d) Nonprofit status. The Fund shall:

(1) Be an organization described in subsection (c) Section 501 of the Internal Revenue Code of 1986 and exempt from taxation under subsection (a) of Section 501 of that Code;

(2) Ensure that no part of the income or assets of the Fund shall inure to the benefit of any director, officer, or employee, except as reasonable compensation for services or reimbursement for expenses; and

(3) Not contribute to or otherwise support any political party or candidate for elective office.

Section 10-20. Board of directors.

(a) Board composition. The Fund shall be managed by, and its powers, functions, and duties shall be exercised through, a board to be composed of 11 members. The initial members of the Board shall be selected as follows:

(1) Appointed members. Five members shall be appointed by the Governor within 60 days after the effective date of this Act. Members of the board shall be broadly representative of the communities that the Fund is designed to serve. Of such members:

(i) at least one member shall be selected from each of the following geographic regions in the State: northeast, northwest, central, and southern;

(ii) at least one member shall have experience in providing energy-related services to low-income, environmental justice, or BIPOC communities;

(iii) At least one member shall own or be employed by an MBE or BIPOC-owned business focused on the deployment of clean energy;

(iv) at least one member shall be a policy or implementation expert in serving low-income, environmental justice or BIPOC communities or individuals, including environmental justice communities, BIPOC communities, justice-involved persons, persons who are or were in the child welfare system, displaced energy workers, gender nonconforming and transgender individuals, or youth; and

(v) Board members can fulfill multiple criteria (such as representing the southern region and a MBE or BIPOC-owned business focused on the deployment of clean energy).

(2) Elected members. Six members shall be elected unanimously by the 5 members appointed pursuant to subparagraph (A) within 120 days after the effective date of this Act. Members of the board shall be broadly representative of the communities that the Fund is designed to serve. Of such members:

(i) at least one member shall be selected from each of the following geographic regions in the State: northeast, northwest, central, and southern;

(ii) at least one member shall be from a community-based organization with a specific mission to support racially and socioeconomically diverse environmental justice communities;

(iii) at least one member shall own or be employed by an MBE or BIPOC-owned business focused on the deployment of clean energy;

(iv) at least one member shall be from an organization specializing in providing energy-related services to low-income, environmental justice, or BIPOC communities; and

(v) Board members can fulfill multiple criteria (such as representing the southern region and an MBE or BIPOC-owned business focused on the deployment of clean energy).

(3) Terms. The terms of the initial members of the Board shall be as follows:

(A) The 5 members appointed and confirmed under paragraph (1) of subsection (a) of this Section shall have initial 5-year terms.

(B) Of the 6 members elected under paragraph (2) of subsection (a) of this Section, 3 shall have initial 4-year terms and 3 shall have initial 3-year terms.

(b) Subsequent composition and terms.

(1) Except for the selection of the initial members of the Board for their initial terms under paragraph (1) of subsection (a) of this Section, the members of the Board shall be elected by the members of the Board.

(2) Disqualification. A member of the Board shall be disqualified from voting for any position on the Board for which such member is a candidate.

(3) Terms. All members elected pursuant to paragraph (2) of subsection (a) of this Section shall have a term of 5 years.

(c) Qualifications. The members of the board shall be broadly representative of the communities that the Fund is designed to serve and shall collectively have expertise in environmental justice, energy efficiency, distributed renewable energy, workforce development, finance and investments, clean transportation, and climate resilience. Of such members:

(1) not fewer than 2 shall be selected from each of the following geographic regions in the State: northeast, northwest, central, and southern;

(2) not fewer than 2 shall be from an MBE or BIPOC-owned business focused on the deployment of clean energy;

(3) not fewer than 2 shall be from a community-based organization with a specific mission to support racially and socioeconomically diverse environmental justice communities; and

(4) not fewer than 2 shall be from an organization specializing in providing energy-related services to low-income, environmental justice, or BIPOC communities.

(5) Members of the board can fulfill multiple criteria (such as representing the southern region and an MBE or BIPOC-owned business focused on the deployment of clean energy).

(d) Restriction on membership. No officer or employee of the State or any other level of government may be appointed or elected as a member of the Board.

(e) Quorum. Seven members of the Board shall constitute a quorum.

(f) Bylaws. The board shall adopt, and may amend, such bylaws as are necessary for the proper management and functioning of the Fund. Such bylaws shall include designation of officers of the Fund and the duties of such officers.

(g) Restrictions. No person who is an employee in any managerial or supervisory capacity, director, officer or agent or who is a member of the immediate family of any such employee, director, officer or agent of any public utility is eligible to be a director. No director may hold any elective position, be a candidate for any elective position, be a State public official, be employed by the Illinois Commerce Commission, or be employed in a governmental position exempt from the Illinois Personnel Code.

(h) Director, Family Member Employment. No director, nor member of his or her immediate family shall, either directly or indirectly, be employed for compensation as a staff member or consultant of the Fund.

(i) Meetings. The board shall hold regular meetings at least once every 3 months on such dates and at such places as it may determine. Meetings may be held by teleconference or videoconference. Special meetings may be called by the president or by a majority of the directors upon at least 7 days' advance written notice. The act of the majority of the directors, present at a meeting at which a quorum is present, shall be the act of the board of directors unless the act of a greater number is required by this Act or bylaws. A summary of the minutes of every board meeting shall be made available to each public library in the State upon request and to individuals upon request. Board of Director meeting minutes shall be posted on the Fund's website within 14 days after Board approval of the minutes.

(j) Expenses. A director may not receive any compensation for his or her services but shall be reimbursed for necessary expenses, including travel expenses incurred in the discharge of duties. The board shall establish standard allowances for mileage, room and meals and the purposes for which such allowances may be made and shall determine the reasonableness and necessity for such reimbursements.

(k) In the event of a vacancy on the board, the board of Directors shall appoint a temporary member, consistent with the requirements of the board composition, to serve the remainder of the term for the vacant seat.

(l) The board shall adopt rules for its own management and government, including bylaws and a conflict of interest policy.

(m) The board of directors of the Fund shall adopt written procedures for:

(1) adopting an annual budget and plan of operations, including a requirement of board approval before the budget or plan may take effect;

(2) hiring, dismissing, promoting, and compensating employees of the Fund, including an affirmative action policy and a requirement of board approval before a position may be created or a vacancy filled;

(3) acquiring real and personal property and personal services, including a requirement of board approval for any non-budgeted expenditure in excess of 5 thousand dollars;

(4) contracting for financial, legal, bond underwriting and other professional services, including requirements that the Fund (i) solicit proposals at least once every 3 years for each such service that it uses, and (ii) ensure equitable contracting with diverse suppliers;

(5) issuing and retiring bonds, bond anticipation notes, and other obligations of the Fund; and

(6) awarding loans, grants and other financial assistance, including (i) eligibility criteria, the application process and the role played by the Fund's staff and board of directors, and (ii) ensuring racial equity in the awarding of loans, grants, and other financial assistance.

(n) The board shall develop a robust set of metrics to measure the degree to which the program is meeting the purposes set forth in Section 5-10 of this Act, and especially measuring adherence to the racial equity purposes set forth there, and a reporting format and schedule to be adhered to by the Fund officers and staff. These metrics and reports shall be posted quarterly on the Fund's website.

(o) The board of directors has the responsibility to make program adjustments necessary to ensure the Clean Energy Jobs and Justice Fund is meeting the purposes set forth in Section 5-10 of this Act. Fund officers and staff and the board of directors are responsible for ensuring capital providers and Fund officers and staff, partners, and financial institutions are held to state and federal standards for ethics and predatory lending practices and shall immediately remove any offending products and sponsoring organizations from Fund participation.

(p) The board shall issue annually a report reviewing the activities of the Fund in detail and shall provide a copy of such report to the joint standing committees of the General Assembly having cognizance of matters relating to energy and commerce. The report shall be published on the Fund's website within 3 days after its submission to the General Assembly.

Section 10-25. Powers and duties.

(a) The Fund shall endeavor to perform the following actions, but is not limited to these specified actions:

(1) Develop programs to finance and otherwise support clean energy investment and projects as determined by the Fund in keeping with the purposes of this Act.

(2) Support financing or other expenditures that promote investment in clean energy sources in order to (i) foster the development and commercialization of clean energy projects, including projects serving low-income, environmental justice, and BIPOC communities, and (ii) support project development by MBE and other contractors of color.

(3) Prioritize the provision of public and private capital for clean energy investment to MBEs and other contractors of color, and to clean energy investment in low-income, environmental justice, and BIPOC communities.

(4) Provide access to grants, no-cost, and low-cost loans to MBEs and other contractors of color, including those participating in the Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator Program.

(5) Provide financial assistance in the form of grants, loans, loan guarantees or debt and equity investments, as approved in accordance with written procedures.

(6) Assume or take title to any real property, convey or dispose of its assets and pledge its revenues to secure any borrowing, convey or dispose of its assets and pledge its revenues to secure any borrowing, for the purpose of developing, acquiring, constructing, refinancing, rehabilitating or improving its assets or supporting its programs, provided each such borrowing or mortgage, unless otherwise provided by the board or the Fund, shall be a special obligation of the Fund, which obligation may be in the form of bonds, bond anticipation notes or other obligations which evidence an indebtedness to the extent permitted under this chapter to Fund, refinance and refund the same and provide for the rights of holders thereof, and to secure the same by pledge of revenues, notes and mortgages of others, and which shall be payable solely from the assets, revenues and other resources of the Fund and such bonds may be secured by a special capital reserve Fund contributed to by the State.

(7) Contract with community-based organizations to design and implement program marketing, communications, and outreach to potential users of the Fund's products, particularly potential users in low-income, environmental justice, and BIPOC communities. These contracts shall include funding to ensure that the contracted community-based organizations provide materials and outreach support, including payments for time and expenses, to other community organizations, professional organizations, and subcontractors that have an interest in the Fund's financial products.

(8) Collect the following data and perform monthly and quarterly reporting to the board in accordance with the reporting format and schedule developed by the Board of Directors:

(A) baseline data on capital sources/providers, loan recipients, projects funded, loan terms, and other relevant financial data;

(B) diversity and equity data (race, gender, socioeconomic, geographic region, etc.); and

(C) program administration and servicing data. These reports shall be published to the Fund's website monthly and quarterly. Reports published to the website may be anonymized to protect the data of individual program participants.

(9) Have the purposes as provided by resolution of the Fund's board of directors, which purposes shall be consistent with this Section and Section 5-10 of this Act. No further action is required for the establishment of the Fund, except the adoption of a resolution for the Fund.

(b) In addition to, and not in limitation of, any other power of the Fund set forth in this Section or any other provision of the general statutes, the Fund shall have and may exercise the following powers in furtherance of or in carrying out its purposes:

(1) have perpetual succession as a body corporate and to adopt bylaws, policies and procedures for the regulation of its affairs and the conduct of its business;

(2) make and enter into all contracts and agreements that are necessary or incidental to the conduct of its business;

(3) invest in, acquire, lease, purchase, own, manage, hold, sell and dispose of real or personal property or any interest therein;

(4) borrow money or guarantee a return to investors or lenders;

(5) hold patents, copyrights, trademarks, marketing rights, licenses or other rights in intellectual property;

(6) employ such assistants, agents, and employees as may be necessary or desirable; establish all necessary or appropriate personnel practices and policies, including those relating to hiring, promotion, compensation and retirement, and engage consultants, attorneys, financial advisers, appraisers and other professional advisers as may be necessary or desirable;

(7) invest any funds not needed for immediate use or disbursement pursuant to investment policies adopted by the Fund's board of directors;

(8) procure insurance against any loss or liability with respect to its property or business of such types, in such amounts and from such insurers as it deems desirable;

(9) enter into joint ventures and invest in, and participate with any person, including, without limitation, government entities and private corporations, in the formation, ownership, management and operation of business entities, including stock and nonstock corporations, limited liability companies and general or limited partnerships, formed to advance the purposes of the Fund, provided members of the board of directors or officers or employees of the Fund may serve as directors, members or officers of any such business entity, and such service shall be deemed to be in the discharge of the duties or within the scope of the employment of any such director, officer or employee, as the case may be, so long as such director, officer or employee does not receive any compensation or financial benefit as a result of serving in such role; and

(10) all other acts necessary or convenient to carry out the purposes of this Act.

(c) Before making any loan, loan guarantee, or such other form of financing support or risk management for a clean energy project, the Fund shall develop standards to govern the administration of the Fund through rules, policies and procedures that specify borrower eligibility, terms and conditions of support, and other relevant criteria, standards, or procedures.

(d) Capitalization. The Fund shall be capitalized with $100 million from the Energy Community Reinvestment Fund within the first year after the enacted date of this Act. The Fund will receive additional capitalization of $40 million each year thereafter. Funding sources specifically authorized include, but are not limited to:

(1) funds repurposed from existing programs providing financing support for clean energy projects, provided any transfer of funds from such existing programs shall be subject to approval by the General Assembly and shall be used for expenses of financing, grants and loans;

(2) any federal funds that can be used for the purposes specified in this Act;

(3) charitable gifts, grants, contributions as well as loans from individuals, corporations, university endowments and philanthropic foundations; and

(4) earnings and interest derived from financing support activities for clean energy projects backed by the Fund.

(e) The Fund may enter into agreements with private sources to raise capital.

(f) The Fund may assess reasonable fees on its financing activities to cover its reasonable costs and expenses, as determined by the board.

(g) The Fund shall make information regarding the rates, terms and conditions for all of its financing support transactions available to the public for inspection, including formal annual reviews by both a private auditor conducted pursuant this Section and the Comptroller, and provide details to the public on the Internet, provided public disclosure shall be restricted for patentable ideas, trade secrets, proprietary or confidential commercial or financial information, disclosure of which may cause commercial harm to a nongovernmental recipient of such financing support and for other information exempt from public records disclosure.

(h) The powers enumerated in this Section shall be interpreted broadly to effectuate the purposes established in this Section and shall not be construed as a limitation of powers.

Section 10-30. Primary responsibilities in early program development.

(a) Consistent with the goals of this Act, the Fund has the authority to pursue a broad range of financial products and services. In early development of products and services offered, the Fund should consider the following programs as its initial set of investment initiatives:

(1) a solar lease, power-purchase agreement, or loan-to-own product specifically designed to complement and grow the Illinois Solar for All program;

(2) direct capitalization of contractors of color participating in or graduating from the workforce and business development programs established in the Clean Jobs, Workforce and Contractor Equity Act;

(3) providing direct capitalization of community-based projects in environmental justice communities through upfront grants. Project applications should provide a community benefit, align with environmental justice communities, be in support of this Act's contractor and workforce development goals, and support upfront planning, development, and start up costs that often are not covered prior to applying for program incentives and other loan products;

(4) Providing loan loss reserve products to secure stable and low-interest financing for individual projects and portfolios consistent with the goals of this Act that would be otherwise unable to receive financing; and

(5) offering financing and administrative services for municipal utilities and rural electric cooperatives to create their own version of the on-bill Equitable Energy Upgrade Program such as the Pay As You Save program developed by the Energy Efficiency Institute.

Section 10-35. Executive director and fund management.

(a) The executive director hired by the board shall have the same qualifications as a director pursuant to subsection (d) Section 10-10 of this Act. The executive director may not be a candidate for the Board of Directors while serving as executive director. The executive director must have 5 or more years of experience in equitable and inclusive financing serving racially and socioeconomically diverse communities.

(b) To hire the executive director, the board shall adhere to any applicable State or federal law prohibiting discrimination in employment.

(c) The board shall require all applicants for the position of executive director of the Fund to file a financial statement consistent with requirements established by the board. The board shall require the executive director to file a current statement annually.

(d) The Fund shall be administered by the executive director and the staff and overseen by the Board of Directors. Fund officers and staff shall receive training in how to best provide services and support to low-income, environmental justice, and BIPOC communities and on supporting borrowers with loan applications, loan underwriting, and loan services.

Section 10-40. Dissolution. The Fund may dissolve or be dissolved under the General Not for Profit Corporation Act.

Article 15. Community Energy, Climate, and Jobs Planning Act

Section 15-1. Short title. This Article may be cited as the Community Energy, Climate, and Jobs Planning Act.

References in this Article to "this Act" mean this Article.

Section 15-5. Findings. The General Assembly makes the following findings:

(1) The health, welfare, and prosperity of Illinois residents require that Illinois take all steps possible to combat climate change, address harmful environmental impacts deriving from the generation of electricity, maximize quality job creation in the emerging clean energy economy, ensure affordable utility service, equitable and affordable access to transportation, and clean, safe, affordable housing.

(2) The achievement of these goals will depend on strong community engagement to ensure that programs and policy solutions meet the needs of disparate communities.

(3) Ensuring that these goals are met without adverse impacts on utility bill affordability, housing affordability, and other essential services will depend on the coordination of policies and programs within local communities.

Section 15-10. Definitions. As used in this Act:

"Alternative energy improvement" means the installation or upgrade of electrical wiring, outlets, or charging stations to charge a motor vehicle that is fully or partially powered by electricity; photovoltaic, energy storage, or thermal resource; or any combination thereof.

"Disadvantaged worker" means an individual who is defined as: (1) being homeless; (2) being a custodial single parent; (3) being a recipient of public assistance; (4) lacking a high school diploma or high school equivalency; (5) having a criminal record or other involvement in the criminal justice system; (6) suffering from chronic unemployment; (7) being previously in the child welfare system; or (8) being a veteran.

"Energy efficiency improvement" means equipment, devices, or materials intended to decrease energy consumption or promote a more efficient use of electricity, natural gas, propane, or other forms of energy on property, including, but not limited to, all of the following:

(1) insulation in walls, roofs, floors, foundations, or heating and cooling distribution systems;

(2) storm windows and doors, multi-glazed windows and doors, heat-absorbing or heat-reflective glazed and coated window and door systems, and additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption;

(3) automated energy control systems;

(4) high efficiency heating, ventilating, or air-conditioning and distribution system modifications or replacements;

(5) caulking, weather-stripping, and air sealing;

(6) replacement or modification of lighting fixtures to reduce the energy use of the lighting system;

(7) energy controls or recovery systems;

(8) day lighting systems;

(9) any energy efficiency project, as defined in Section 825-65 of the Illinois Finance Authority Act; and

(10) any other installation or modification of equipment, devices, or materials approved as a utility cost-saving measure by the governing body.

"Energy project" means the installation or modification of an alternative energy improvement, energy efficiency improvement, or water use improvement, or the acquisition, installation, or improvement of a renewable energy system that is affixed to a stabilized existing property (including new construction).

"Governing body" means the county board or board of county commissioners of a county or the city council or board of trustees of a municipality.

"Local Employment Plan" means a bidding option that public agencies may include in requests for proposals to incentivize bidders to voluntarily plan to retain and create high-skilled local manufacturing jobs; invest in preapprenticeship, apprenticeship, and training opportunities; and develop family-sustaining career pathways into clean energy industries for disadvantaged workers in a specified local area. The Local Employment Plan only applies to work that is not financed with federal money.

"Local unit of government" means a county or municipality.

"Natural climate solutions" means conservation, restoration, or improved land management actions that increase carbon storage or avoid greenhouse gas emissions on natural and working lands.

"Nature-based approaches for climate adaptation" means actions that preserve, enhance, or expand functions provided by nature that increase capacity to manage adverse conditions created or exacerbated by climate change. "Nature-based approaches for climate adaptation" includes, but is not limited to, the restoration of native ecosystems, especially floodplains; installation of bioswales, rain gardens, and other green stormwater infrastructure; and practices that increase soil health and reduce urban heat island effects.

"Public agency" means the State of Illinois or any of its government bodies and subdivisions, including the various counties, townships, municipalities, school districts, educational service regions, special road districts, public water supply districts, drainage districts, levee districts, sewer districts, housing authorities, and transit agencies.

"Renewable energy resource" includes energy and its associated renewable energy credit or renewable energy credits from wind energy, solar thermal energy, geothermal energy, photovoltaic cells and panels, biodiesel, anaerobic digestion, and hydropower that does not involve new construction or significant expansion of hydropower dams. For purposes of this Act, landfill gas produced in the State is considered a renewable energy resource. "Renewable energy resource" does not include the incineration or burning of any solid material.

"Renewable energy system" means a fixture, product, device, or interacting group of fixtures, products, or devices on the customer's side of the meter that use one or more renewable energy resources to generate electricity, and specifically includes any renewable energy project, as defined in Section 825-65 of the Illinois Finance Authority Act.

"U.S. Employment Plan" means a bidding option that public agencies may include in requests for proposals to incentivize bidders to voluntarily plan to retain and create high-skilled U.S. manufacturing jobs; invest in preapprenticeship, apprenticeship, and training opportunities; and develop family-sustaining career pathways into clean energy industries for disadvantaged workers throughout the U.S. The U.S. Employment Plan only applies to work financed with federal money.

"Water use improvement" means any fixture, product, system, device, or interacting group thereof for or serving any property that has the effect of conserving water resources through improved water management, efficiency, or thermal resource.

Section 15-15. Community Energy, Climate, and Jobs Plans; creation.

(a) Pursuant to the procedures in Section 15-20, a local unit of government may establish Community Energy, Climate, and Jobs Plans and identify boundaries and areas covered by the Plans.

(b) Community Energy, Climate, and Jobs Plans are intended to aid local governments in developing a comprehensive approach to combining different energy, climate, and jobs programs and funding resources to achieve complementary impact. An effective planning process may:

(1) help communities discover ways that their local government, businesses, and residents can control their energy use and bills;

(2) ensure a cost-effective transition away from fossil fuels in the transportation sector;

(3) expand access to workforce development and job training opportunities for disadvantaged workers in the emerging clean energy economy;

(4) incentivize the creation and retention of quality Illinois jobs (when federal funds are not involved) in the emerging clean energy economy;

(5) incentivize the creation and retention of quality U.S. jobs in the emerging clean energy economy;

(6) promote economic development through improvements in community infrastructure, transit, and support for local business;

(7) improve the health of Illinois communities by reducing emissions, addressing existing brownfield areas, and promoting the integration of distributed energy resources;

(8) enable greater customer engagement, empowerment, and options for energy services, and ultimately reduce utility bills for Illinoisans;

(9) bring the benefits of grid modernization and the deployment of distributed energy resources to economically disadvantaged communities throughout Illinois;

(10) support existing Illinois policy goals promoting energy efficiency, demand response, and investments in renewable energy resources;

(11) enable communities to better respond to extreme heat and cold emergencies; and

(12) explore opportunities to expand and improve carbon sequestration, recreational amenities, wildlife habitat, flood mitigation, agricultural production, tourism, and similar co-benefits by deploying natural climate solutions and nature-based approaches for climate adaptation.

(c) A Community Energy, Climate, and Jobs Plan may include discussion of:

(1) the demographics of the community, including information on the mix of residential and commercial areas and populations, ages, languages, education, and workforce training, including an examination of the average utility bills paid within the community by class and census area, the percentage and locations of individuals requiring energy assistance, and participation of community members in other assistance programs; and also including an examination of the community's energy use, whether of electricity, natural gas, or other fuels and whether for transportation or other purposes;

(2) the geography of the community, including the amount of green space, brownfield sites, farmland, waterways, flood zones, heat islands, areas for potential development, location of critical infrastructure such as emergency response facilities, health care and education facilities, and public transportation routes;

(3) information on economic development opportunities, commercial usage, and employment opportunities;

(4) the current status of zero-emission vehicles operated by or on behalf of public agencies within the community; and

(5) other topics deemed applicable by the community.

(d) A Community Energy, Climate, and Jobs Plan may address the following areas:

(1) distributed energy resources, including energy efficiency, demand response, dynamic pricing, energy storage, and solar (thermal, rooftop, and community);

(2) building codes (both commercial and residential);

(3) vehicle miles traveled;

(4) transit options, including individual car ownership, ride sharing, buses, trains, bicycles, and pedestrian walkways;

(5) community assets related to extreme heat emergencies, such as cooling and warming centers;

(6) public agency procurements of zero-emission, electric vehicles; and

(7) networks of natural resources and infrastructure.

(e) A Community Energy, Climate, and Jobs Plan may conclude with proposals to:

(1) increase the use of electricity as a transportation fuel at multi-unit dwellings;

(2) maximize the system-wide benefits of transportation electrification;

(3) direct public agencies to implement tools, such as the U.S. Employment Plan or a Local Employment Plan, to incentivize manufacturers in clean energy industries to create and retain quality jobs and invest in training, workforce development, and apprenticeship programs in connection to a major contract;

(4) test innovative load management programs or rate structures associated with the use of electric vehicles by residential customers to achieve customer fuel cost savings relative to gasoline or diesel fuels and to optimize grid efficiency;

(5) increase the integration of distributed energy resources in the community;

(6) significantly expand the percentage of net-zero housing and net-zero buildings in the community;

(7) improve utility bill affordability;

(8) increase mass transit ridership;

(9) decrease vehicle miles traveled;

(10) reduce local emissions of greenhouse gases, NO_x, SO_x, particulate matter, and other air pollutants; and

(11) improve community assets that help residents respond to extreme heat and cold emergencies.

(f) A Community Energy, Climate, and Jobs Plan may be administered by one or more program administrators or the local unit of government.

(g) To be eligible for participation or funding through the Clean Energy Empowerment Zone pilot projects, as provided under Section 16-108.9 of the Public Utilities Act, or the Carbon-Free Last Mile of Commutes Program, described in Section 35 of the Electric Vehicle Act, a unit of local government shall include in its Community Energy, Climate, and Jobs Plans the information necessary for participation in these programs and projects.

(1) Eligibility for funding or resources from the Clean Energy Empowerment Zone pilot projects shall require, at a minimum, the Plan to include information necessary to determine whether the community qualifies as a Clean Energy Empowerment Zone as described in Section 16-108.9 of the Public Utilities Act.

(2) Eligibility for funding or resources from the Carbon-Free Last Mile of Commutes Program as described in Section 35 of the Electric Vehicle Act shall require, at a minimum, the Plan to include:

(A) information that allows the Department of Commerce and Economic Opportunity to assess current transportation and public transit infrastructure within the boundaries identified by the unit of local government; and

(B) recommendations by the unit of local government on how to use funds to increase carbon-free last mile commuting.

(3) Units of local government may use previously created Plans or reports to qualify for funding under this subsection (g). The determination of which Plans qualify shall be made liberally by the State agency or department responsible for this determination, subject to the conditions in paragraphs (1) and (2) of this subsection (g).

Section 15-20. Community Energy, Climate, and Jobs Planning process.

(a) An effective planning process shall engage with a diverse set of stakeholders in local communities, including: environmental justice organizations; economic development organizations; faith-based nonprofit organizations; educational institutions; interested residents; health care institutions; tenant organizations; housing institutions, developers, and owners; elected and appointed officials; and representatives reflective of each local community.

(b) An effective planning process shall engage with individual members of the community as much as possible to ensure that the Plans receive input from as diverse a set of perspectives as possible.

(c) Plan materials and meetings related to the Plan shall be translated into languages that reflect the makeup of the local community.

(d) The planning process shall be conducted in an ethical, transparent fashion, and continually review its policies and practices to determine how best to meet its objectives.

Section 15-25. Joint Community Energy, Climate, and Jobs Plans. A local unit of government may join with any other local unit of government, or with any public or private person, or with any number or combination thereof, under the Intergovernmental Cooperation Act, by contract or otherwise as may be permitted by law, for the implementation of a Community Energy, Climate, and Jobs Plan, in whole or in part.

Article 20. Energy Community Reinvestment Act

Section 20-1. Short title. This Article may be cited as the Energy Community Reinvestment Act. References in this Article to "this Act" mean this Article.

Section 20-5. Findings. The General Assembly finds that, as part of putting Illinois on a path to 100% renewable energy, the State of Illinois should ensure a just transition to that goal, providing support for the transition of Illinois' communities and workers impacted by closures or reduced use of fossil fuel power plants, nuclear power plants, or coal mines by allocating new economic development resources for business tax incentives, workforce training, site clean-up and reuse, and local tax revenue replacement.

The General Assembly finds and declares that the health, safety, and welfare of the people of this State are dependent upon a healthy economy and vibrant communities; that the closure of fossil fuel power plants, nuclear power plants, and coal mines across the State have a significant impact on their surrounding communities; that the expansion of renewable energy creates significant job growth and contributes significantly to the health, safety, and welfare of the people of this State; that the continual encouragement, development, growth, and expansion of renewable energy within the State requires a cooperative and continuous partnership between government and the renewable energy sector; and that there are certain areas in this State that have lost, or will lose, jobs due to the closure of fossil fuel power plants, nuclear power plants, and coal mines and need the particular attention of government, labor, and the residents of Illinois to help attract new investment into these areas and directly aid the local community and its residents.

Therefore, it is declared to be the purpose of this Act to explore ways of stimulating the growth of new private investment, including renewable energy investment, in this State and to foster job growth in areas impacted by the closure of coal energy plants, coal mines, and nuclear energy plants.

Section 20-10. Definitions. As used in this Act, unless the context otherwise requires:

"State agencies" or "agencies" has the same meaning as "State agencies" under Section 1-7 of the Illinois State Auditing Act.

"Board" means the Clean Energy Empowerment Zone Board created in Section 20-20.

"Clean Energy Empowerment Zone" or "Empowerment Zones" means an area of the State certified by the Department as a Clean Energy Empowerment Zone under this Act.

"Commission" means the Energy Transition Workforce Commission created in Section 20-45.

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

"Displaced energy worker" means an energy worker who has lost employment, or is anticipated by the Department to lose employment within the next 2 years, due to the reduced operation or closure of a fossil fuel power plant, nuclear power plant, or coal mine.

"Energy worker" means a person who has been employed full-time for a period of one year or longer, and within the previous 5 years, at a fossil fuel power plant, a nuclear power plant, or a coal mine located within the State of Illinois, whether or not they are employed by the owner of the power plant or mine. Energy workers are considered to be full-time if they work at least 35 hours per week for 45 weeks a year or the 1,820 work-hour equivalent with vacations, paid holidays, and sick time, but not overtime, included in this computation. Classification of an individual as an energy worker continues for 5 years from the latest date of employment or the effective date of this Act, whichever is later.

"Environmental justice communities" means the definition of that term based on existing methodologies and findings, used and as may be updated by the Illinois Power Agency and its program administrator in the Illinois Solar for All Program.

"Fossil fuel power plant" means an electric generating facility powered by gas, coal, other fossil fuels, or a combination thereof.

"Low-income" means persons and families whose income does not exceed 80% of area median income, adjusted for family size and revised every 2 years.

"Local labor market area" means an economically integrated area within which individuals reside and find employment within a reasonable distance of their places of residence or can readily change jobs without changing their places of residence.

"Renewable energy enterprise" means a company that is engaged in the production, manufacturing, distribution, or development of renewable energy resources and associated technologies.

"Renewable energy project" means a project conducted by a renewable energy enterprise for the purpose of generating renewable energy resources or energy storage.

"Renewable energy resources" has the meaning set forth in Section 1-10 of the Illinois Power Agency Act.

"Rule" has the meaning set forth in Section 1-70 of the Illinois Administrative Procedure Act.

Section 20-15. Designation of Clean Energy Empowerment Zones.

(a) Purpose. It is the intent of the General Assembly that designation of a community as a Clean Energy Empowerment Zone shall be reserved for communities that have experienced economic or environmental hardship due to the energy transition or fossil fuel power generation and extraction. The purpose of this Section 20-15 is to establish an efficient and equitable process by which the Department and communities across the State may seek the designation of Clean Energy Empowerment Zones, thereby allowing for economic and environmental benefits of the clean energy economy to be obtained by communities that have been deprived of these benefits. The process conducted by the Department, the Board, and participating units of local government shall be as transparent and inclusive as is reasonably practical.

(b) Notification of local governments. Within 30 days after the effective date of this Act, the Department shall publish a notice on its website stating its intention to begin the review of potential locations for Clean Energy Empowerment Zone regional designations, and solicit information from the public on this topic. Within 45 days after the effective date of this Act, the Department shall submit a notice to the county board of each jurisdiction in which a fossil fuel power plant, coal mine, or nuclear power plant is located, informing the local governments of their intention to develop a list of Clean Energy Empowerment Zones, providing a basic explanation of the benefits of designation as a Clean Energy Empowerment Zone, and informing them of participation opportunities in the designation process. The Department may notify other persons or local government units of this process at any time.

(c) Proposed list of Clean Energy Empowerment Zones. Within 120 days after the effective date of this Act, the Department of Commerce and Economic Opportunity shall develop a proposed list of geographic regions in Illinois that qualify as Clean Energy Empowerment Zones. The Department shall work with the Illinois Environmental Protection Agency, the Commission on Environmental Justice, the Department of Labor, the Department of Natural Resources, and community organizations to identify regions impacted by the decline of coal generation, gas generation, nuclear generation, and coal mining to develop the recommended list of regions that qualify for Clean Energy Empowerment Zone designations. The Department shall furnish maps that identify the proposed boundaries of proposed Clean Energy Empowerment Zones, and include justification for the inclusion or exclusion of certain locations or regions. The proposed list shall be subject to the notice and comment process established in subsection (e).

(d) Criteria for designation as a Clean Energy Empowerment Zone. A region shall be proposed by the Department, and certified by the Board as a Clean Energy Empowerment Zone if it meets all of the following characteristics listed in paragraphs (1) through (3) of this subsection (d).

(1) The region is a contiguous area, provided that a Zone area may exclude wholly surrounded territory within its boundaries;

(2) The region satisfies any additional criteria established by the Department consistent with the purposes of this Act; and

(3) The region meets one or more of the following:

(A) the area contains a fossil fuel or nuclear power plant that was retired from service or has significantly reduced service within 10 years before the application for designation or will be retired or have service significantly reduced within 5 years following the application for designation;

(B) the area contains a coal mine that was closed or had operations significantly reduced within 10 years before the application for designation or is anticipated to be closed or have operations significantly reduced within 5 years following the application for designation; or

(C) the area contains a nuclear power plant that was decommissioned, but continued storing nuclear waste before the effective date of this Act.

(e) Review and comment process. After developing the proposed list of regions to be designated as Clean Energy Empowerment Zones, or proposing additions to the list, the Department shall conduct a 60-day public comment process, in partnership with the other agencies, departments, and units of local government where beneficial for the purposes of this Section. The public comment process shall include, at a minimum, 2 public hearings that are accessible to working residents, shall prioritize the solicitation of feedback from environmental justice communities and communities directly impacted by the Clean Energy Empowerment Zone designation, and shall provide for the submission of written comments through the Internet.

Within 30 days after concluding the public comment process, the Department shall modify or finalize the proposed list of geographic regions that qualify as Clean Energy Empowerment Zones and submit the list to the Clean Energy Empowerment Zone Board for approval or modification as described in Section 20-20.

(f) Local government self-designation. After the Department submits its first list of proposed Clean Energy Empowerment Zones to the Board, units of local government may, on an ongoing basis, submit applications to the Department to designate an area wholly or partially in their jurisdiction as a Clean Energy Empowerment Zone if the Department has not proposed the region as a potential Clean Energy Empowerment Zone to the Board. Multiple units of local government may submit a joint application for designation if the proposed region or regions fall partially or wholly within their combined jurisdictions. A unit of local government may submit an application to the Department if:

(1) the area meets the criteria for designation as a Clean Energy Empowerment Zone established in subsection (d); and

(2) the unit of local government has conducted at least one public hearing within the proposed Zone area considering all of the following questions: (A) whether to create the Zone; (B) what local plans, tax incentives, and other programs should be established in connection with the zone; and (C) what the boundaries of the Zone should be. Public notice of the hearing shall be published in at least one newspaper of general circulation within the Zone area, not more than 21 days nor less than 7 days before the hearing.

An application submitted under this subsection (f) shall include a certified copy of the ordinance designating the proposed Zone; a map of the proposed Clean Energy Empowerment Zone, showing existing streets and highways; an analysis, and any appropriate supporting documents and statistics, demonstrating that the proposed zone area is qualified in accordance with subsection (d); a statement detailing any tax, grant, and other financial incentives or benefits, and any programs, to be provided by the municipality or county to renewable energy enterprises within the Zone, which are not otherwise provided throughout the municipality or county; a statement setting forth the economic development and planning objectives for the Zone; an estimate of the economic impact of the Zone, considering all of the tax incentives, financial benefits and programs contemplated, upon the revenues of the municipality or county; a specific definition of the applicant's local labor market area; a transcript of all public hearings on the Zone; and any additional information as the Department may by rule require.

Within 60 days after receiving an application from a unit of local government, the Department shall review the application to determine whether the designated area qualifies as a Clean Energy Empowerment Zone under this Section, and submit its recommendation to the Clean Energy Empowerment Zone Board including all necessary information and records for the Board to review, as described in Section 20-20. Within 7 days after submitting the recommendation to the Board, the Department shall provide a copy of its recommendation to the applicant, including all supporting documents and information submitted to the Board.

(g) Application process. The Department shall, no later than July 1, 2021, develop an ongoing application process for Clean Energy Empowerment Zone applications by units of local government. The application process shall be open during the period of July 1, 2021 through January 1, 2050. The Department, or any predecessor of the Department, may extend the application process beyond that date if it deems it is necessary or prudent to accomplish the purpose of this Act.

(h) Length of designation. A Clean Energy Empowerment Zone designation lasts for 10 years from the effective date of the designation and shall be subject to review by the Board after 10 years for an additional 10-year designation beginning on the expiration date of the Clean Energy Empowerment Zone. During the review process, the Board shall consider the costs incurred by the State and units of local government as a result of benefits received by the Clean Energy Empowerment Zone.

(i) Emergency rulemaking. The Department has emergency rulemaking authority for the purpose of implementation of this Section until 12 months after the effective date of this Act as provided under Section 5-45 of the Illinois Administrative Procedure Act.

Section 20-20. Clean Energy Empowerment Zone Board.

(a) A Clean Energy Empowerment Zone Board is hereby created within the Department.

(b) The Board shall consist of 8 voting members, one of whom shall be the Director of Commerce and Economic Opportunity, or his or her designee, who shall serve as chairperson; one of whom shall be the Director of Revenue, or his or her designee; 2 of whom shall be members appointed by the Governor, with the advice and consent of the Senate; one of whom shall be appointed by the Speaker of the House of Representatives; one of whom shall be appointed by the President of the Senate; one of whom shall be appointed by the Minority Leader of the House; and one of whom shall be appointed by the Minority Leader of the Senate. Designees shall be appointed within 60 days after a vacancy. No fewer than 4 of the 8 voting members shall consist of low-income residents or residents of environmental justice communities. At least one of the Board members shall be a representative of organized labor. All meetings shall be accessible, with rotating locations, call-in options, and materials and agendas circulated well in advance, and there shall also be opportunities for input outside of meetings from those with limited capacity and ability to attend, via one-on-one meetings, surveys, and calls.

Board members shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties from funds appropriated for that purpose. Each member appointed shall have at least 5 years of experience in business development or economic development. The Department of Commerce and Economic Opportunity shall provide administrative support to the Board, including the selection of a Department staff member to serve as a Board Liaison between the Department and the Advisory Board.

(c) All final actions by the Board pursuant to this subsection (c) shall require approval by a simple majority of the Board. The Board shall have the following duties:

(1) reviewing applications and extensions for designation as a Clean Energy Empowerment Zone, including Department recommendations, testimony from public hearings, public comment, and supporting materials;

(2) voting to approve, disapprove, or modify applications for designation and extensions as a Clean Energy Empowerment Zones;

(3) the approval of tax credits under the Clean Energy Empowerment Zone Tax Credit Act; and

(4) modifying applications for designation or extensions as a Clean Energy Empowerment Zone before approval.

(d) Deadlines for responses by the Board. Within 60 days after submission of applications or tax credits, pursuant to subsection (c) of this Section, to the Board by the Department, the Board shall approve, disapprove, or modify applications for certification of regions as Clean Energy Empowerment Zones. If the Board does not take final action on a submission within 60 days after the submission, the application submitted by the Department shall be considered approved, and the regions proposed in the application shall be certified as Clean Energy Empowerment Zones.

Section 20-25. Incentives for renewable energy enterprises located within a Clean Energy Empowerment Zone.

(a) Renewable energy enterprises located in Clean Energy Empowerment Zones are eligible to apply for a State income tax credit under the Clean Energy Empowerment Zone Tax Credit Act.

(b) Renewable energy enterprises located in Clean Energy Empowerment Zones are eligible to receive an investment credit subject to the requirements of paragraph (1) of subsection (f) of Section 201 of the Illinois Income Tax Act.

(c) Renewable energy enterprises are eligible to purchase building materials exempt from use and occupation taxes to be incorporated into their renewable energy projects within the Clean Energy Empowerment Zone when purchased from a retailer within the Clean Energy Empowerment Zone under Section 5k-5 of the Retailers' Occupation Tax Act.

(d) Renewable energy enterprises located in a Clean Energy Empowerment Zone that meet the qualifications of Section 9-222.1B of the Public Utilities Act are exempt, in part or in whole, from State and local taxes on gas and electricity.

(e) Preference for procurements shall be conducted by the Illinois Power Agency as described in subparagraph (P) of paragraph (1) of subsection (c) of Section 1-75 of the Illinois Power Agency Act.

Section 20-30. State incentives regarding public services and physical infrastructure.

(a) The State Treasurer is authorized and encouraged to place deposits of State funds with financial institutions doing business in a Clean Energy Empowerment Zone.

(b) This Act does not restrict tax incentive financing under Division 74.4 of Article 11 of the Illinois Municipal Code.

Section 20-35. Supporting impacted communities.

(a) No later than July 1, 2021, the Department shall develop a process for accepting applications from units of local government included in Clean Energy Empowerment Zones to mitigate the impact of an annual reduction of at least 30% in the sum of property tax revenue or other direct payments, or both, from fossil fuel power plants or coal mines to local governments due to the retirement, or reduced operation, of the power plant or mine that occurred after January 1, 2016. In the case of reduced operation, the proposal may only be accepted if the reduction in operation is reasonably expected to be permanent. The Department shall accept applications on an ongoing basis after beginning the program. Local government units may submit applications jointly.

(b) The Department shall use available funds from the Energy Community Reinvestment Fund, subject to the provisions of subsection (c) of Section 20-70, to provide payments to communities for a period of no longer than 5 years from the approval of their proposal, subject to the following restrictions:

(1) Payments shall be assessed based on need, taking into consideration the net amount of any increase in payments from any other State source, including, but not limited to, funding provided based on an evidence-based funding formula developed by the Illinois State Board of Education.

(2) The highest annual payment to the unit of local government cannot exceed the lower value of either (i) the average annual sum of property tax and other direct payments from the fossil fuel power plant or coal mine to the unit of local government from the most recent 3 taxable years before the reduction or cessation of operation of the fossil fuel power plant or coal mine, or (ii) the difference between projected local government revenue for the years for which assistance is requested (taking into account reasonably anticipated new revenue sources) and the average local government revenue from the most recent 3 taxable years before the reduction or cessation of fossil fuel power plant or coal mine operation. The Department may choose to consider budget information from prior years if doing so allows the Department to better measure the revenue impacts of the energy transition.

(3) The Department shall not provide funding under this Program that exceeds the amount specified in this paragraph (3) to any local government unit. Each unit of local government shall not be granted by the Department a total amount of funding over the lifetime of this Program, for each fossil fuel power plant or coal mine, that is greater than 5 times the average annual sum of property tax payments and other direct payments from the fossil fuel power plant or coal mine to the unit of local government, calculated based on the most recent 3 taxable years that occurred before the reduction or cessation of operation of the fossil fuel power plant or coal mine.

(4) The Department may develop a payment schedule that phases out support over time, based on its analysis of available present and anticipated future funding in the Energy Community Reinvestment Fund or other reasons consistent with the purposes of this Act.

(5) If the total amount of qualified proposals exceeds the available present and anticipated future funding in the Energy Community Reinvestment Fund, the Department may prorate payments to units of local government, or prioritize communities for investment based on an environmental justice screen in coordination with the Commission on Environmental Justice, and input from stakeholders. The Department shall allocate funding in an equitable and effective manner. Nothing in this Act shall be interpreted to infer that units of local government have a right to revenue replacement from the State.

(6) Funding allocated under this program may not be used to support fossil fuel power plants, nuclear power plants, or coal mines in any form. Any local government unit that uses funds provided under this Act to support fossil fuel power plants, nuclear power plants, or coal mines shall reimburse the State for all funding used for that purpose. If requested, the Department shall provide guidance to local government units on whether a proposed use of funds is considered a violation of this requirement.

(7) At least once every 2 years following the allocation of funds for this program, the Department shall publish a document available online detailing the allocation of funds, including a map that shows the geographic distribution of the funds and the locations of Clean Energy Empowerment Zones.

(c) The Department shall contact all units of local government in Clean Energy Empowerment Zones and provide information on the application process for funding under this Section and a reasonable estimate of total funding that will be available for this program. The Department shall request that applications for funding contain the information necessary for the Department to evaluate the fiscal impact of the energy transition on communities located in Clean Energy Empowerment Zones; however the Department shall allow for reasonable flexibility in the applications to accommodate local government units that may have less resources available to prepare an application. The Department shall, to the extent practical, assist local government units in the application process.

(d) The Department shall develop rules to implement the provisions of this Section.

Section 20-40. Clean Energy Empowerment Task Forces.

(a) The Department and the Board shall work with local stakeholders in Clean Energy Empowerment Zones to support the convening of local Clean Energy Empowerment Task Forces.

(b) Local Clean Energy Empowerment Task Forces shall include a broad range of local stakeholders to inform transition needs and include, at a minimum, elected representatives from municipal and State governments, operators of local power plants or mines, multiple representatives from community-based organizations, local environmental, fish, or wildlife groups, organized labor, and the Illinois Environmental Protection Agency.

(c) The Board shall put forward requests for proposals for third-party facilitators for Task Forces in prioritized Clean Energy Empowerment Zones based on need and those facing recent or near-term retirements of plants or mines.

(d) The Department shall work with local Task Forces to develop local transition plans that identify economic, workforce, and environmental health needs with strategies to mitigate energy transition impacts and any accompanying funding requests from the Energy Community Reinvestment Fund.

(e) As part of developing local transition plans, the Department shall work with third-party facilitators and Task Force members to gather and incorporate public comment and feedback into a finalized transition plan.

(f) If the Department determines that a fossil fuel power plant owner has failed to engage productively in stakeholder meetings and with Clean Energy Empowerment Zone Task Forces, the Department shall submit a notification to the Illinois Environmental Protection Agency for enforcement actions and the assessment of fees as described in Section 9.16 of the Environmental Protection Act.

Section 20-45. Energy Transition Workforce Commission.

(a) The Energy Transition Workforce Commission is hereby created within the Department of Commerce and Economic Opportunity.

(b) The Commission shall consist of the following 8 members:

(1) the Director of Commerce and Economic Opportunity, or his or her designee, who shall serve as chairperson;

(2) the Director of Labor, or his or her designee;

(3) the 3 program administrators of the Clean Jobs Workforce Hubs Program; and

(4) 3 members appointed by the Governor, with the advice and consent of the Senate, of which at least one shall be from organized labor and at least one shall be a resident of an environmental justice community.

Designees shall be appointed within 60 days after a vacancy.

(c) Members of the Commission shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties from funds appropriated for that purpose. The Department of Commerce and Economic Opportunity shall provide administrative support to the Commission.

(d) Within 120 days after the effective date of this Act, the Commission shall produce an Energy Transition Workforce Report regarding the anticipated impact of the energy transition and a comprehensive set of recommendations to address changes to the Illinois workforce during the period of 2020 through 2050, or a later year. The report shall contain the following elements, designed to be used for the programs created in this Act:

(1) Information related to the impact on current workers, including:

(A) a comprehensive accounting of all employees who currently work in fossil fuel energy generation, nuclear energy generation, and coal mining in the State; this shall include information on their location, employer, salary ranges, full-time or part-time status, nature of their work, educational attainment, union status, and other factors the Commission finds relevant; the Commission shall keep a confidential list of these employees and the information necessary to identify them for the purpose of their eligibility to participate in programs designed for their benefit;

(B) the anticipated schedule of closures of fossil fuel power plants, nuclear power plants, and coal mines across the State; when information is unavailable to provide exact data, the report shall include approximations based upon the best available information;

(C) an estimate of worker impacts due to scheduled closures, including layoffs, early retirements, salary changes, and other factors the Commission finds relevant; and

(D) the likely outcome for workers who are employed by facilities that are anticipated to close or have significant layoffs during their tenure or lifetime.

(2) Information regarding impact on communities and local governments, including:

(A) changes in the revenue for units of local government in areas that currently or recently have had a closure or reduction in operation of a fossil fuel power plant, nuclear power plant, coal mine, or related industry;

(B) environmental impacts in areas that currently or recently have had fossil fuel power plants, coal mines, nuclear power plants, or related industry; and

(C) economic impacts of the energy transition, including, but not limited to, the supply chain impacts of the energy transition shift toward new energy sources across the State.

(3) Information on emerging industries and State economic development opportunities in regions that have historically been the site of fossil fuel power plants, nuclear power plants, or coal mining.

(e) Following the completion of each report, or if the Department finds that it is prudent to begin before the completion of a report, the Department shall coordinate with the Commission to create a comprehensive draft plan for designing, maintaining, and funding programs established under this Act, including the Energy Workforce Development Program created under Section 20-50, the Energy Community Development Program created under Section 20-55, and the Displaced Energy Workers Bill of Rights provided under Section 20-60. The draft plan shall include, at a minimum, the following information:

(1) A detailed accounting of the anticipated costs for each program and the anticipated amount of funding that will be provided for each program.

(2) Information on the locations at which each program shall have services provided. If this information is not yet known by the Department at the time of the plan's drafting, the Department shall generally explain how they intend to determine the program locations.

Within 120 days after the effective date of this Act, the Department shall publish the draft plan online. The Department shall take public comments on the draft plan for a period of no less than 45 days and publish the final plan within 30 days after the closing of the comment period.

(f) The Department shall periodically review its findings in the developed reports and make modifications to the report and programs based on new findings. The Department shall conduct a comprehensive reevaluation of the report, and publish a modified version along with a new draft plan, on each of the following years following initial publication: 2023; 2027; 2030; 2035; 2040; and any year thereafter which the Department determines is necessary or prudent.

Section 20-50. Energy Workforce Development Program.

(a) The purpose of the Energy Workforce Development Program is to proactively assist energy workers in their search for economic opportunity.

(b) The Director of Commerce and Economic Opportunity shall design, develop, and administer the Energy Workforce Development Program. The Energy Workforce Development Program shall include the following elements:

(1) comprehensive career services for displaced energy workers, including advising displaced energy workers looking for new positions on finding new employment or preparing for retirement;

(2) communication services to provide displaced energy workers advance notice of any power plant or coal mine closures that are likely to result in a loss of employment for the energy worker;

(3) administrative assistance for displaced energy workers in applying for programs provided by the State, the federal government, nonprofit organizations, or other programs that are designed to offer career or financial assistance;

(4) the creation and maintenance of a registry of all persons in Illinois who qualify as an energy worker to use for coordination with programs created under this Act or other benefits for those workers, including all information necessary or beneficial for the implementation of this Act;

(5) the management of funding for services outlined in this Section; and

(6) financial advice for displaced energy workers designed to assist workers with retirement, a change in positions, pursuing an education, or other goals that the energy worker has identified.

(c) In administering the Energy Workforce Development Program, the Department shall develop and implement the Program with the following goals:

(1) to use the recommendations and information contained in the report created under Section 20-45 to proactively plan for each phase of the energy transition in Illinois;

(2) to increase access to the services contained in this Program by locating services in different regions of the State as dictated by the anticipated schedule of power plant and coal mine closures and regional economic changes;

(3) to maximize the efficiency of resources used;

(4) to design the Energy Workforce Development Program to work in collaboration with the Displaced Energy Workers Bill of Rights; and

(5) any other goals identified by the Department.

Section 20-55. Energy Community Development Program.

(a) The purpose of the Energy Community Development Program is to proactively assist Clean Energy Empowerment Zone communities in their search for economic opportunities leading up to and after the closure of a fossil fuel power plant, nuclear power plant, or coal mine.

(b) The Director of Commerce and Economic Opportunity shall, subject to appropriation, administer the Energy Community Development Program. In administering the Energy Community Development Program, the Department shall:

(1) assist local governments in Clean Energy Empowerment Zones in finding private and public sector partners to invest in regional development;

(2) assist units of local government in finding and negotiating terms with businesses willing to relocate or open new enterprises in regions impacted;

(3) provide coordination services to connect organizations or persons seeking to use tax credits created under Act with units of local government;

(4) conduct outreach and educational events for private sector organizations for the purpose of attracting investment in Clean Energy Empowerment Zones; and

(5) gather and incorporate public comment and feedback so that local knowledge, priorities, and strengths help shape and guide private and public development.

(c) In administering the Energy Community Development Program, the Department shall develop and implement the Program with the following goals:

(1) to increase private sector development in Clean Energy Empowerment Zones;

(2) to replace and improve employment opportunities in Clean Energy Empowerment Zones for community members;

(3) to provide resources for Clean Energy Empowerment Zone communities across the State, and avoid geographic preferences in the allocation of resources; and

(4) to create a healthful environment for community members in Clean Energy Empowerment Zones.

Section 20-60. Displaced Energy Workers Bill of Rights.

(a) The Department of Commerce and Economic Opportunity shall implement the Displaced Energy Workers Bill of Rights and shall be responsible for the implementation of the Displaced Energy Workers Bill of Rights programs and rights created under this Section. The Department shall provide the following benefits to displaced energy workers listed in paragraphs (1) through (4) of this subsection:

(1) Advance notice of power plant or coal mine closure.

(A) The Department of Commerce and Economic Opportunity shall notify all energy workers of the upcoming closure of any qualifying facility at least 2 years in advance of the scheduled closing date.

(B) In providing the advance notice described in this paragraph (1), the Department shall take reasonable steps to ensure that all displaced energy workers are educated on the various programs available through the Department to assist with the energy transition.

(2) Employment assistance and career services. The Department shall provide displaced energy workers with assistance in finding new sources of employment through the Energy Workforce Development Program established in this Act.

(3) Full-tuition scholarship for Illinois institutions and trade schools.

(A) The Department shall provide any displaced energy worker with a full-tuition scholarship to any of the following programs: (i) public universities in this State; (ii) trade schools in this State; (iii) community college programs in this State; or (iv) union training programs in this State. The Department may set cost caps on the maximum amount of tuition that may be funded.

(B) The Department shall provide information and consultation to displaced energy workers on the various educational opportunities available through this Program, and advise workers on which opportunities meet their needs and preferences.

(C) Displaced energy workers who are eligible for scholarships created under this Section by the date of their enrollment shall be considered eligible for scholarship funding for up to 4 years or until completion of their degree or certification, whichever is the shorter duration.

(4) Financial Planning Services. Displaced energy workers shall be entitled to services as described in the energy worker Programs in this subsection, including financial planning services.

(b) The owners of power plants with a nameplate capacity of greater than 300 megawatts and the owners of coal mines located in Illinois shall be required to comply with the requirements set out in this subsection (b). The owners shall be required to take the following actions:

(1) provide employment information for energy workers; prior to the closure of an electric generating unit or mine, the owners of the power plant or mine shall provide energy workers information on whether there are employment opportunities provided by their employer;

(2) provide extended health insurance for displaced energy workers who are former employees of the power plant owner that (A) costs no more than the average monthly premium paid by the worker over the last 12 months and (B) offers the same level of benefits, including, but not limited to, coverage, in-network providers, deductibles, and copayments covered during the previous 12 months; companies that sell energy into auctions managed by the Illinois Power Agency shall be required to offer 2 years of health insurance following closure of an electric generating unit to employees who are not employed in new positions that offer health insurance upon: (i) plant closure; or (ii) employment termination; the Department may require funding for health insurance to be provided in advance of employment termination; and

(3) maintain responsible retirement account portfolios; employees of qualifying facilities shall have their retirement funds backed by financial tools that are not economically dependent upon the success of their employer's business.

Section 20-65. Consideration of energy worker employment.

(a) All State departments and agencies shall conduct a review of the Department of Commerce and Economic Opportunity's registry of energy workers to determine whether any qualified candidates are displaced energy workers before making a final hiring decision for a position in State employment.

(b) The Department of Commerce and Economic Opportunity shall inform all State agencies and departments of the obligations created by this Section and take steps to ensure compliance.

(c) Nothing in this Section shall be interpreted to indicate that the State is required to hire displaced energy workers for any position.

(d) No part of this Section shall be interpreted to be in conflict with federal or State civil rights or employment law.

Section 20-70. Energy Community Reinvestment Fund.

(a) The General Assembly hereby declares that management of several economic development programs requires a consolidated funding source to improve resource efficiency. The General Assembly specifically recognizes that properly serving communities and workers impacted by the energy transition requires that the Department of Commerce and Economic Opportunity have access to the resources required for the execution of the programs in the Clean Jobs Workforce Hubs Program, the Expanding Clean Energy Entrepreneurship Program, and the Energy Community Reinvestment Act.

The intent of the General Assembly is that the Energy Community Reinvestment Fund is able to provide all funding for development programs created in the Clean Jobs Workforce Hubs Program, the Expanding Clean Energy Entrepreneurship Program, and the Energy Community Reinvestment Act, and that no additional charge is borne by the taxpayers or ratepayers of Illinois absent a deficiency.

(b) The Energy Community Reinvestment Fund is created as a special fund in the State treasury to be used by the Department of Commerce and Economic Opportunity for purposes provided under this Section. The Fund shall be used to fund programs specified under subsection (c). The objective of the Fund is to bring economic development to communities in this State in a manner that equitably maximizes economic opportunity in all communities by increasing efficiency of resource allocation across the programs listed in subsection (c). The Department shall include a description of its proposed approach to the design, administration, implementation, and evaluation of the Fund, as part of the Energy Transition Workforce Plan described in this Act. Contracts that will be paid with moneys in the Fund shall be executed by the Department.

(c) The Department shall be responsible for the administration of the Fund and shall allocate funding on the basis of priorities established in this Section. Each year, the Department shall determine the available amount of resources in the Fund that can be allocated to the programs identified in this Section, and allocate the funding accordingly. The Department shall, to the extent practical, consider both the short-term and long-term costs of the programs and allocate, save, or invest funding so that the Department is able to cover both the short-term and long-term costs of these programs using projected revenue.

The available funding for each year shall be allocated from the Fund in the following order of priority:

(1) for costs related to the Clean Jobs Workforce Hubs program in Part 5 of the Clean Jobs, Workforce and Contractor Equity Act, up to $26,000,000 annually or 26% of the available funding, whichever is less;

(2) for costs related to the program described by Part 10 of the Clean Energy, Workforce and Contractor Equity Act, up to $21,000,000 annually or 21% of the available funding, whichever is less;

(3) for costs related to the Energy Community Development programs in this Act, up to $2,000,000 annually or 2% of the available funding, whichever is less;

(4) for costs related to the Energy Workforce Development programs and the Displaced Energy Workers Bill of Rights in this Act, including all programs created by the Energy Transition Workforce Commission, up to $13,000,000 annually or 21% of the available funding, whichever is less. If 21% of the available funding is more than $13,000,000, the amount over $13,000,000 is allocated to the items in (1) through (3) by their relative percentages until those programs are fully funded;

(5) for costs related to the Returning Residents Clean Jobs Training Program described in Part 20 of the Clean Jobs, Workforce and Contractor Equity Act, up to $6,000,000 annually or 6% of the available funding, whichever is less;

(6) for costs related to the Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator Program described in Part 15 of the Clean Jobs, Workforce and Contractor Equity Act, up to $9,000,000 annually or 9% of the available funding, whichever is less;

(7) for costs, up to $100,000,000 annually, to support units of local government in Clean Energy Empowerment Zones, as described in Section 20-35;

(8) if the programs identified in paragraphs (1) through (7) are fully funded and the Department reasonably predicts they will be adequately funded in future years, the Department shall transfer an amount equal to the year's tax credits awarded through the programs of up to $22,500,000 annually go the General Revenue Fund to offset revenue reductions from tax credits provided under the Clean Energy Empowerment Zone Tax Credit Act;

(9) to support the Low Income Home Energy Assistance Program, up to $30,000,000 annually, to support additional costs from the Percentage of Income Payment Program expansion and energy assistance expansion;

(10) for the initial capital funding of the Clean Energy Jobs and Justice Fund, $100,000,000 in the year 2022, or if the full funding is not available, the Department may allocate these funds over several years as quickly as is feasible; and

(11) if the programs identified in paragraphs (1) through (10) are fully funded and the Department reasonably predicts they shall be adequately funded in future years, the Department shall transfer all surplus to the General Revenue Fund.

(d) No later than June 1, 2021, and by June 1 of each year thereafter, the Department shall submit a notification to the Illinois Environmental Protection Agency for the purpose of implementing the energy community reinvestment fee as described in Section 9.16 of the Environmental Protection Act. The notification shall include the revenue and spending requirements for the programs identified under the Energy Community Reinvestment Act for the upcoming fiscal year, as well as the projected spending for all program years through Fiscal Year 2036. The projected revenue and spending need identified for any program year shall be no less than $400,000,000 per year for the calendar years 2021 through 2025 and $200,000,000 per year for all calendar years starting in 2026 that the Illinois electric sector generates greenhouse gas emissions.

(e) If there is a funding shortfall for items identified in paragraphs (1) through (4) of subsection (c), the Department shall submit a request for funds to applicable electric utilities for funds collected under subsection (k) of Section 1-75 of the Illinois Power Agency Act up to $25,000,000 per year to cover the shortfall. Upon notification by utilities that sufficient funds are available for use under the terms of paragraph (7) of subsection (k) of Section 1-75 of the Illinois Power Agency Act, the Department shall send an invoice to the applicable utilities for the amount requested. Upon receipt, the funds shall be deposited into the Energy Community Reinvestment Fund.

(f) The Department shall, on an ongoing basis, seek out and apply for funding from alternative sources to cover the costs of these programs. Alternative sources may include the federal government, other State programs, private foundations, donors, or other opportunities for funding. The Department shall, as described in subsection (c), use any additional funding obtained for these programs to reduce or eliminate any costs borne by taxpayers and ratepayers. Nothing in this subsection (f) shall be interpreted to reduce or remove the revenue requirements obtained by the Illinois Environmental Protection Agency as described in subsection (d).

(g) Notwithstanding any other law to the contrary, the Energy Community Reinvestment Fund is not subject to sweeps, administrative chargebacks, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Energy Community Reinvestment Fund into any other fund of the State.

(h) The Department is granted all powers necessary for the implementation of this Section.

Section 20-75. Administrative review. All final administrative decisions, including, but not limited to, funding allocation and rules issued by the Department under this Act are subject to judicial review under the Administrative Review Law. No action may be commenced under this Section prior to 60 days after the complainant has given notice in writing of the action to the Department.

Article 25. Clean Energy Empowerment Zone Tax Credit Act

Section 25-1. Short title. This Article may be cited as the Clean Energy Empowerment Zone Tax Credit Act. References in this Article to "this Act" mean this Article.

Part 1.

Section 25-100. Definitions. As used in this Part 1:

"Applicant" means a person that is operating a business located within the State of Illinois and has applied for an income tax credit through a program under this Act.

"Basic wage" means compensation for employment that meets the prevailing wage standards as defined by the Department.

"Certificate" means the tax credit certificate issued by the Department under Section 25-125.

"Certificate of eligibility" means the certificate issued by the Department under Section 25-110.

"Credit" means the amount awarded by the Department to an applicant by issuance of a certificate under Section 25-125 for each new full-time equivalent employee hired or job created.

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

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

"Former energy worker" means an individual who is employed, or was employed, at a fossil fuel power plant, nuclear power plant, or coal mine, and is listed in the registry of energy workers developed by the Department of Commerce and Economic Opportunity pursuant to Section 20-50 of the Energy Community Reinvestment Act.

"Full-time employee" means an individual who is employed at a prevailing wage for at least 35 hours each week, and provided standard worker benefits, or who renders any other standard of service generally accepted by industry custom or practice as full-time employment. An individual for whom a W-2 is issued by a Professional Employer Organization is a full-time employee if he or she is employed in the service of the applicant for a basic wage for at least 35 hours each week or renders any other standard of service generally accepted by industry custom or practice as full-time employment. For the purposes of this Act, such an individual shall be considered a full-time employee of the applicant.

"Incentive period" means the period beginning on July 1 and ending on June 30 of the following year. The first incentive period shall begin on July 1, 2021 and the last incentive period shall end on June 30, 2040.

"New employee" means a full-time employee:

(1) who first became employed by an applicant within the incentive period whose hire results in a net increase in the applicant's full-time Illinois employees and who is receiving a prevailing wage as compensation; and

(2) who was previously employed in a fossil fuel power plant, nuclear power plant, or coal mine in the State of Illinois that has since closed or is a graduate of training programs as established under Part 5 of the Clean Jobs, Workforce and Contractor Equity Act.

"New employee" does not include:

(1) a person who was previously employed in Illinois by the applicant or a related member prior to the onset of the incentive period, unless the new employee is hired for site remediation work; or

(2) a person who has a direct or indirect ownership interest of at least 5% in the profits, capital, or value of the applicant or a related member; or

(3) a person who has been hired to assist in the production of fossil fuel derived energy directly or indirectly, unless that person has been hired to assist in the deconstruction of a fossil fuel power plant, the deconstruction of a coal mine, the remediation of a site formerly used for fossil fuel power production, or the remediation of a coal mine.

"Noncompliance date" means, in the case of an applicant that is not complying with the requirements of this Act, the day following the last date upon which the taxpayer was in compliance with the requirements of this Act, as determined by the Director under Section 25-135.

"Professional Employer Organization" has the same meaning as ascribed to that term under Section 5-5 of the Economic Development for a Growing Economy Tax Credit Act. "Professional Employer Organization" does not include a day and temporary labor service agency regulated under the Day and Temporary Labor Services Act.

"Related member" means a person that, with respect to the applicant during any portion of the incentive period, is any one of the following:

(1) An individual, if the individual and the members of the individual's family, as defined in Section 318 of the Internal Revenue Code, own directly, indirectly, beneficially, or constructively, in the aggregate, at least 50% of the value of the outstanding profits, capital, stock, or other ownership interest in the applicant.

(2) A partnership, estate, or trust and any partner or beneficiary, if the partnership, estate, or trust and its partners or beneficiaries own directly, indirectly, beneficially, or constructively, in the aggregate, at least 50% of the profits, capital, stock, or other ownership interest in the applicant.

(3) A corporation, and any party related to the corporation, in a manner that would require an attribution of stock from the corporation under the attribution rules of Section 318 of the Internal Revenue Code, if the applicant and any other related member own, in the aggregate, directly, indirectly, beneficially, or constructively, at least 50% of the value of the corporation's outstanding stock.

(4) A corporation and any party related to that corporation in a manner that would require an attribution of stock from the corporation to the party or from the party to the corporation under the attribution rules of Section 318 of the Internal Revenue Code, if the corporation and all such related parties own, in the aggregate, at least 50% of the profits, capital, stock, or other ownership interest in the applicant.

(5) A person to or from whom there is attribution of stock ownership in accordance with subsection (e) of Section 1563 of the Internal Revenue Code, except that for purposes of determining whether a person is a related member under this paragraph (5):

(A) stock owned, directly or indirectly, by or for a partnership shall be considered as owned by any partner having an interest of 20% or more in either the capital or profits of the partnership in proportion to his or her interest in capital or profits, whichever such proportion is the greater;

(B) stock owned, directly or indirectly, by or for an estate or trust shall be considered as owned by any beneficiary who has an actuarial interest of 20% or more in such stock, to the extent of such actuarial interest. For purposes of this subparagraph, the actuarial interest of each beneficiary shall be determined by assuming the maximum exercise of discretion by the fiduciary in favor of such beneficiary and the maximum use of such stock to satisfy his or her rights as a beneficiary; and

(C) stock owned, directly or indirectly, by or for a corporation shall be considered as owned by any person who owns 20% or more in value of its stock in that proportion which the value of the stock which the person so owns bears to the value of all the stock in the corporation.

Section 25-105. Powers of the Department. The Department, in addition to those powers granted under the Civil Administrative Code of Illinois, is granted and shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, but not limited to, power and authority to:

(1) Adopt rules deemed necessary and appropriate for the administration of this Act; establish forms for applications, notifications, contracts, or any other agreements; and accept applications at any time during the year and require that all applications be submitted electronically through the Internet.

(2) Provide guidance and assistance to applicants under the provisions of this Act, and cooperate with applicants to promote, foster, and support job creation within this State.

(3) Enter into agreements and memoranda of understanding for participation of and engage in cooperation with agencies of the federal government, units of local government, universities, research foundations or institutions, regional economic development corporations, or other organizations for the purposes of this Act.

(4) Gather information and conduct inquiries, in the manner and by the methods it deems desirable, including, without limitation, gathering information with respect to applicants for the purpose of making any designations or certifications necessary or desirable or to gather information in furtherance of the purposes of this Act.

(5) Establish, negotiate, and effectuate any term, agreement, or other document with any person necessary or appropriate to accomplish the purposes of this Act, and consent, subject to the provisions of any agreement with another party, to the modification or restructuring of any agreement to which the Department is a party.

(6) Provide for sufficient personnel to permit administration, staffing, operation, and related support required to adequately discharge its duties and responsibilities described in this Act from funds made available through charges to applicants or from funds as may be appropriated by the General Assembly for the administration of this Act.

(7) Require applicants, upon written request, to issue any necessary authorization to the appropriate federal, State, or local authority or any other person for the release to the Department of information requested by the Department, with the information requested to include, but not be limited to, financial reports, returns, or records relating to the applicant or to the amount of credit allowable under this Act.

(8) Require that an applicant shall at all times keep proper books of record and account in accordance with generally accepted accounting principles consistently applied, with the books, records, or papers related to the agreement in the custody or control of the applicant open for reasonable Department inspection and audits, and including, without limitation, the making of copies of the books, records, or papers.

(9) 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 or participation required under this Act, including the power to sell, dispose of, lease, or rent, upon terms and conditions determined by the Director to be appropriate, real or personal property that the Department may recover as a result of these actions.

Section 25-110. Certificate of eligibility for tax credit.

(a) An applicant that has hired a former energy worker or a graduate of training programs as established under the Clean Jobs Workforce and Contractor Equity Act as a new employee during the incentive period may apply for a certificate of eligibility for the credit with respect to that position on or after the date of hire of the new employee. The date of hire shall be the first day on which the employee begins providing services for basic wage compensation.

(b) An applicant may apply for a certificate of eligibility for the credit for more than one new employee on or after the date of hire of each qualifying new employee.

(c) After receipt of an application under this Section, the Department shall issue a certificate of eligibility to the applicant that states the following:

(1) the date and time on which the application was received by the Department and an identifying number assigned to the applicant by the Department;

(2) the maximum amount of the credit the applicant could potentially receive under this Act with respect to the new employees listed on the application; and

(3) the maximum amount of the credit potentially allowable on certificates of eligibility issued for applications received prior to the application for which the certificate of eligibility is issued.

Section 25-115. Tax credit.

(a) Subject to the conditions set forth in this Act, an applicant is entitled to a credit against payment of taxes withheld under Section 704A of the Illinois Income Tax Act:

(1) for former energy workers or graduates of Clean Jobs Workforce programs hired as new employees who the applicant hires and retains for a minimum of one year; and

(2) in the amount of:

(A) 20% of the salary paid to the new employee for employees hired and retained for between the time of hiring and one year;

(B) 15% of the salary paid to the new employee for employees hired and retained between one year and 2 years; and

(C) 10% of the salary paid to the new employee for employees hired and retained between 2 years and 3 years.

(b) The Department shall make credit awards under this Act to further job creation.

(c) The credit shall be claimed for the first calendar year ending on or after the date on which the certificate is issued by the Department.

(d) The net increase in full-time Illinois employees, measured on an annual full-time equivalent basis, shall be the total number of full-time Illinois employees of the applicant on the final day of the incentive period, minus the number of full-time Illinois employees employed by the employer on the first day of that same incentive period. For purposes of the calculation, an employer that begins doing business in this State during the incentive period, as determined by the Director, shall be treated as having zero Illinois employees on the first day of the incentive period.

(e) The net increase in the number of full-time Illinois employees of the applicant under subsection (d) must be sustained continuously for at least 12 months, starting with the date of hire of a new employee during the incentive period. Eligibility for the credit does not depend on the continuous employment of any particular individual. For purposes of this subsection (e), if a new employee ceases to be employed before the completion of the 12-month period for any reason, the net increase in the number of full-time Illinois employees shall be treated as continuous if a different new employee is hired as a replacement within a reasonable time for the same position. The new employees must be hired to fill positions that the applicant reasonably anticipates will be available for the new employee as a long-term position. For the purposes of this subsection (e), "long-term position" means a position that will be available for 3 years or longer.

(f) The Department shall adopt rules to enable an applicant for which a Professional Employer Organization has been contracted to issue W-2s and make payment of taxes withheld under Section 704A of the Illinois Income Tax Act for new employees to retain the benefit of tax credits to which the applicant is otherwise entitled under this Act.

Section 25-120. Maximum amount of credits allowed. The Department shall limit the monetary amount of credits awarded under this Act to no more than $18,000,000 annually during the incentive period. If applications for a greater amount are received, credits shall be allowed on a first-come, first-served basis, based on the date on which each properly completed application for a certificate of eligibility is received by the Department. If more than one certificate of eligibility is received on the same day, the credits shall be awarded based on the time of submission for that particular day.

Section 25-125. Application for award of tax credit; tax credit certificate.

(a) On or after the conclusion of the 12-month period, or other period, after a new employee has been hired, for the purposes of subsection (a) of Section 25-115, an applicant shall file with the Department an application for award of a credit. The application shall include the following:

(1) the names, Social Security numbers, job descriptions, salary or wage rates, and dates of hire of the new employees with respect to whom the credit is being requested;

(2) a certification that each new employee listed has been retained on the job for at least one year from the date of hire;

(3) the number of new employees hired by the applicant during the incentive period;

(4) the net increase in the number of full-time Illinois employees of the applicant, including the new employees listed in the request, between the beginning of the incentive period and the dates on which the new employees listed in the request were hired;

(5) an agreement that the Director is authorized to verify with the appropriate State agencies the information contained in the request before issuing a certificate to the applicant; and

(6) any other information the Department determines to be appropriate.

(b) Although an application may be filed at any time after the conclusion of the 12-month period after a new employee was hired, an application filed more than 90 days after the earliest date on which it could have been filed shall not be awarded any credit if, prior to the date it is filed, the Department has received applications under this Section for credits totaling more than $20,000,000.

(c) The Department shall issue a certificate to each applicant awarded a credit under this Act. The certificate shall include the following:

(1) the name and taxpayer identification number of the applicant;

(2) the date on which the certificate is issued;

(3) the credit amount that will be allowed; and

(4) any other information the Department determines to be appropriate.

Section 25-130. Submission of tax credit certificate to the Department of Revenue. An applicant claiming a credit under this Act shall submit to the Department of Revenue a copy of each certificate issued under Section 25-125 with the first tax return for which the credit shown on the certificate is claimed. Failure to submit a copy of the certificate with the applicant's tax return shall not invalidate a claim for a credit.

Section 25-135. Administrative review.

(a) If the Director determines that an applicant who has received a credit under this Act is not complying with the requirements of this Act, the Director shall provide notice to the applicant of the alleged noncompliance, and allow the taxpayer a hearing under the provisions of the Illinois Administrative Procedure Act. If, after the notice and hearing, the Director determines that noncompliance exists, the Director shall issue to the Department of Revenue notice to that effect, and state the date of noncompliance.

(b) All final administrative decisions, including, but not limited to, funding allocation and rules issued by the Department under this Act are subject to judicial review under the Administrative Review Law. No action may be commenced under this Section prior to 60 days after the complainant has given notice in writing of the action to the Department.

Section 25-140. Rules. The Department may adopt rules necessary to implement this Part 1. The rules may provide for recipients of credits under this Part 1 to be charged fees to cover administrative costs of the tax credit program.

Part 2.

Section 25-200. Definitions. As used in this Part 2:

"Agreement" means the agreement between a taxpayer and the Department entered into for a tax credit awarded under Section 25-210.

"Applicant" means a taxpayer operating a renewable energy enterprise, as determined under the Energy Community Reinvestment Act, located within or that the renewable energy enterprise plans to locate within a Clean Energy Empowerment Zone. "Applicant" does not include a taxpayer who closes or substantially reduces an operation at one location in this State and relocates substantially the same operation to a location in a Clean Energy Empowerment Zone. A taxpayer is not prohibited from expanding its operations at a location in a Clean Energy Empowerment Zone, provided that existing operations of a similar nature located within the State are not closed or substantially reduced. A taxpayer is also not prohibited from moving operations from one location in this State to a Clean Energy Empowerment Zone for the purpose of expanding the operation provided that the Department determines that expansion cannot reasonably be accommodated within the municipality in which the business is located, or in the case of a business located in an incorporated area of the county, within the county in which the business is located, after conferring with the chief elected official of the municipality or county and taking into consideration any evidence offered by the municipality or county regarding the ability to accommodate expansion within the municipality or county.

"Board" means the Clean Energy Empowerment Zone Board created under Section 20-20 of the Illinois Energy Community Reinvestment Act.

"Credit" means the amount agreed to between the Department and the Applicant under this Act, but not to exceed the lesser of: (1) the sum of (i) 50% of the incremental income tax attributable to new employees at the applicant's project and (ii) 10% of the training costs of new employees; or (2) 100% of the incremental income tax attributable to new employees at the applicant's project. If the project is located in an underserved area, then the amount of the credit may not exceed the lesser of: (1) the sum of (i) 75% of the incremental income tax attributable to new employees at the applicant's project and (ii) 10% of the training costs of new employees; or (2) 100% of the incremental income tax attributable to new employees at the applicant's project. If an applicant agrees to hire the required number of new employees, then the maximum amount of the credit for that applicant may be increased by an amount not to exceed 25% of the incremental income tax attributable to retained employees at the applicant's project; provided that, in order to receive the increase for retained employees, the applicant must provide the additional evidence required under paragraph (3) of subsection (c) of Section 25-215.

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

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

"Full-time employee" means an individual who is employed for consideration for at least 35 hours each week or who renders any other standard of service generally accepted by industry custom or practice as full-time employment. An individual for whom a W-2 is issued by a Professional Employer Organization is a full-time employee if employed in the service of the applicant for consideration for at least 35 hours each week or who renders any other standard of service generally accepted by industry custom or practice as full-time employment to the applicant.

"Incremental income tax" means the total amount withheld during the taxable year from the compensation of new employees and, if applicable, retained employees under Article 7 of the Illinois Income Tax Act arising from employment at a project that is the subject of an agreement.

"New employee" means a full-time employee first employed by a taxpayer in the project that is the subject of an agreement and who is hired after the taxpayer enters into the agreement.

"New employee" does not include:

(1) an employee of the taxpayer who performs a job that was previously performed by another employee, if that job existed for at least 6 months before hiring the employee;

(2) an employee of the taxpayer who was previously employed in Illinois by a related member of the taxpayer and whose employment was shifted to the taxpayer after the taxpayer entered into the agreement; or

(3) a child, grandchild, parent, or spouse, other than a spouse who is legally separated from the individual, of any individual who has a direct or an indirect ownership interest of at least 5% in the profits, capital, or value of the taxpayer.

Notwithstanding any other provisions of this Section, an employee may be considered a new employee under the agreement if the employee performs a job that was previously performed by an employee who was: (i) treated under the agreement as a new employee; and (ii) promoted by the taxpayer to another job.

Notwithstanding any other provisions of this Section, the Department may award a credit to an applicant with respect to an employee hired prior to the date of the agreement if: (i) the applicant is in receipt of a letter from the Department stating an intent to enter into a credit agreement; (ii) the letter described in item (i) of this paragraph is issued by the Department not later than 15 days after the effective date of this Act; and (iii) the employee was hired after the date the letter described in item (i) of this paragraph was issued.

"Pass-through entity" means an entity that is exempt from the tax under subsection (b) or (c) of Section 205 of the Illinois Income Tax Act.

"Related member" means a person that, with respect to the taxpayer during any portion of the taxable year, is any one of the following:

(1) An individual stockholder, if the stockholder and the members of the stockholder's family, as defined in Section 318 of the Internal Revenue Code, own directly, indirectly, beneficially, or constructively, in the aggregate, at least 50% of the value of the taxpayer's outstanding stock.

(2) A partnership, estate, or trust and any partner or beneficiary, if the partnership, estate, or trust, and its partners or beneficiaries own directly, indirectly, beneficially, or constructively, in the aggregate, at least 50% of the profits, capital, stock, or value of the taxpayer.

(3) A corporation, and any party related to the corporation in a manner that would require an attribution of stock from the corporation to the party or from the party to the corporation under the attribution rules of Section 318 of the Internal Revenue Code, if the taxpayer owns directly, indirectly, beneficially, or constructively at least 50% of the value of the corporation's outstanding stock.

(4) A corporation and any party related to that corporation in a manner that would require an attribution of stock from the corporation to the party or from the party to the corporation under the attribution rules of Section 318 of the Internal Revenue Code, if the corporation and all such related parties own in the aggregate at least 50% of the profits, capital, stock, or value of the taxpayer.

(5) A person to or from whom there is attribution of stock ownership in accordance with subsection (e) of Section 1563 of the Internal Revenue Code, except that for purposes of determining whether a person is a related member under this paragraph (5):

(A) stock owned, directly or indirectly, by or for a partnership shall be considered as owned by any partner having an interest of 20% or more in either the capital or profits of the partnership in proportion to his or her interest in capital or profits, whichever such proportion is the greater;

(B) stock owned, directly or indirectly, by or for an estate or trust shall be considered as owned by any beneficiary who has an actuarial interest of 20% or more in such stock, to the extent of such actuarial interest. For purposes of this subparagraph, the actuarial interest of each beneficiary shall be determined by assuming the maximum exercise of discretion by the fiduciary in favor of such beneficiary and the maximum use of such stock to satisfy his or her rights as a beneficiary; and

(C) stock owned, directly or indirectly, by or for a corporation shall be considered as owned by any person who owns 20% or more in value of its stock in that proportion which the value of the stock which the person so owns bears to the value of all the stock in the corporation.

"Renewable energy" means solar energy, wind energy, water energy, geothermal energy, bioenergy, or hydrogen fuel and cells.

"Renewable energy production facility" means a facility owned by a company that is engaged in and used such a facility for the production of solar energy, wind energy, water energy, geothermal energy, bioenergy, or hydrogen fuel and cells.

"Taxpayer" means an individual, corporation, partnership, or other entity that has any Illinois income tax liability.

"Underserved area" means a geographic area that meets one or more of the following conditions:

(1) the area has a poverty rate of at least 20% according to the latest federal decennial census;

(2) 75% or more of the children in the area participate in the federal free lunch program according to reported statistics from the State Board of Education;

(3) at least 20% of the households in the area receive assistance under the Supplemental Nutrition Assistance Program; or

(4) the area has an average unemployment rate, as determined by the Department of Employment Security, that is more than 120% of the national unemployment average, as determined by the United States Department of Labor, for a period of at least 2 consecutive calendar years preceding the date of the application.

Section 25-205. Powers of the Department. The Department, in addition to those powers granted under the Civil Administrative Code of Illinois and Part 1 of this Act, 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, power and authority to:

(a) Adopt rules deemed necessary and appropriate for the administration of programs; establish forms for applications, notifications, contracts, or any other agreements; and accept applications at any time during the year.

(b) Provide and assist taxpayers pursuant to the provisions of this Act, and cooperate with taxpayers that are parties to agreements to promote, foster, and support economic development, capital investment, and job creation or retention within the Clean Energy Empowerment Zone.

(c) Enter into agreements and memoranda of understanding for participation of and engage in cooperation with agencies of the federal government, units of local government, universities, research foundations or institutions, regional economic development corporations, or other organizations for the purposes of this Act.

(d) Gather information and conduct inquiries, in the manner and by the methods as it deems desirable, including, without limitation, gathering information with respect to applicants for the purpose of making any designations or certifications necessary or desirable or to gather information to assist the Board with any recommendation or guidance in the furtherance of the purposes of this Act.

(e) Establish, negotiate and effectuate any term, agreement or other document with any person, necessary or appropriate to accomplish the purposes of this Act, and consent, subject to the provisions of any agreement with another party, to the modification or restructuring of any agreement to which the Department is a party.

(f) Fix, determine, charge, and collect any premiums, fees, charges, costs, and expenses from applicants, including, without limitation, any application fees, commitment fees, program fees, financing charges, or publication fees as deemed appropriate to pay expenses necessary or incident to the administration, staffing, or operation in connection with the Department's or Board's activities under this Act, or for preparation, implementation, and enforcement of the terms of the agreement, or for consultation, advisory and legal fees, and other costs. All fees and expenses incident thereto shall be the responsibility of the applicant.

(g) Provide for sufficient personnel to permit administration, staffing, operation, and related support required to adequately discharge its duties and responsibilities described in this Act from funds made available through charges to applicants or from funds as may be appropriated by the General Assembly for the administration of this Act.

(h) Require applicants, upon written request, to issue any necessary authorization to the appropriate federal, State, or local authority for the release of information concerning a project being considered under the provisions of this Act, with the information requested to include, but not be limited to, financial reports, returns, or records relating to the taxpayer or its project.

(i) Require that a taxpayer shall at all times keep proper books of record and account in accordance with generally accepted accounting principles consistently applied, with the books, records, or papers related to the agreement in the custody or control of the taxpayer open for reasonable Department inspection and audits, and including, without limitation, the making of copies of the books, records, or papers, and the inspection or appraisal of any of the taxpayer or project assets.

(j) 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 or participation required under this Act, including the power to sell, dispose, lease, or rent, upon terms and conditions determined by the Director to be appropriate, real or personal property that the Department may receive as a result of these actions.

Section 25-210. Tax credit awards.

(a) Subject to the conditions set forth in this Act, a taxpayer is entitled to a credit against or, as described in subsection (g), a payment toward taxes imposed pursuant to subsections (a) and (b) of Section 201 of the Illinois Income Tax Act that may be imposed on the taxpayer for a taxable year beginning on or after January 1, 2019, if the taxpayer is awarded a credit by the Department under this Act for that taxable year.

(b) The Department shall make credit awards under this Act to foster job creation and the development of renewable energy in Clean Energy Empowerment Zones.

(c) A person that proposes a project to create new jobs and to invest in the development of a renewable energy production facility in a Clean Energy Empowerment Zone must enter into an agreement with the Department for the credit under this Act.

(d) The credit shall be claimed for the taxable years specified in the agreement.

(e) The credit shall not exceed the incremental income tax attributable to the project that is the subject of the agreement.

(f) Nothing herein shall prohibit a tax credit award to an applicant that uses a Professional Employer Organization if all other award criteria are satisfied.

(g) A pass-through entity that has been awarded a credit under this Act, its shareholders, or its partners may treat some or all of the credit awarded under this Act as a tax payment for purposes of the Illinois Income Tax Act. In no event shall the amount of the award credited under this Act exceed the Illinois income tax liability of the pass-through entity or its shareholders or partners for the taxable year.

For the purposes of this subsection (g), "tax payment" means a payment as described in Article 6 or Article 8 of the Illinois Income Tax Act or a composite payment made by a pass-through entity on behalf of any of its shareholders or partners to satisfy such shareholders' or partners' taxes imposed pursuant to subsections (a) and (b) of Section 201 of the Illinois Income Tax Act.

Section 25-215. Application for a project to create and retain new jobs and to develop renewable energy.

(a) Any renewable energy enterprise proposing a project to build a renewable energy production facility located or planned to be located in a Clean Energy Empowerment Zone may request consideration for designation of its project, by formal written letter of request or by formal application to the Department, in which the applicant states its intent to make at least a specified level of investment and intends to hire or retain a specified number of full-time employees at a designated location in Illinois. As circumstances require, the Department may require a formal application from an applicant and a formal letter of request for assistance.

(b) In order to qualify for credits under this Act, an applicant's project must:

(1) be for the purpose of producing renewable energy;

(2) if the applicant has more than 100 employees, involve an investment of at least $2,500,000 in capital improvements to be placed in service within a Clean Energy Empowerment Zone as a direct result of the project. If the applicant has 100 or fewer employees, then there is no capital investment requirement; and

(3) if the applicant has more than 100 employees, employ a number of new employees in the Clean Energy Empowerment Zone equal to the lesser of (A) 10% of the number of full-time employees employed by the applicant world-wide on the date the application is filed with the Department; or (B) 50 new employees. If the applicant has 100 or fewer employees, employ a number of new employees in the State equal to the lesser of (A) 5% of the number of full-time employees employed by the applicant world-wide on the date the application is filed with the Department or (B) 50 New Employees.

(c) After receipt of an application, the Department shall review the application, make inquiries, and conduct studies in the manner and by the methods as it deems desirable, and consult with and make a recommendation to the Clean Energy Empowerment Zone Board created under the Energy Community Reinvestment Act. The Department and the Board shall make its recommendations and approvals based on whether they determine that all of the following conditions exist:

(1) The applicant's project will make the required investment in the State and the applicant intends to hire the required number of new employees in Illinois as a result of that project, as described in this Act.

(2) The applicant's project is economically sound and will benefit the people of the State of Illinois by increasing opportunities for employment and strengthening the economy of Illinois.

(3) That, if not for the credit, the project would not occur in Illinois or in the Clean Energy Empowerment Zone, which may be demonstrated by evidence that receipt of the credit is essential to the applicant's decision to create new jobs in the State, such as the magnitude of the cost differential between Illinois and a competing state;

(4) The political subdivisions affected by the project have committed local incentives or other support with respect to the project, considering local ability to assist.

(5) Awarding the credit will result in an overall positive fiscal impact to the State, as certified by the Board using the best available data.

(6) The credit is not prohibited by Section 25-225.

(d) After approval by the Board, the Department may enter into an agreement with the applicant.

Section 25-225. Relocation of jobs to Clean Energy Empowerment Zone. A taxpayer is not entitled to claim the credit provided by this Act with respect to any jobs that the taxpayer relocates from one site in Illinois to another site in a Clean Energy Empowerment Zone. A taxpayer with respect to a qualifying project certified under the Corporate Headquarters Relocation Act, however, is not subject to the requirements of this Section, but is nevertheless considered an applicant for purposes of this Act. Moreover, any full-time employee of an eligible renewable energy enterprise relocated to a Clean Energy Empowerment Zone in connection with that qualifying project is deemed to be a new employee for purposes of this Act. Determinations under this Section shall be made by the Department.

Section 25-230. Determination of the amount of credit. In determining the amount of credit that should be awarded, the Board shall provide guidance on, and the Department shall take into consideration, all of the following factors:

(1) the number and location of jobs created and retained in relation to the economy of the Clean Energy Empowerment Zone where the projected investment is to occur;

(2) the potential impact on the economy of the Clean Energy Empowerment Zone;

(3) the advancement of renewable energy in the Clean Energy Empowerment Zone;

(4) the incremental payroll attributable to the project;

(5) the capital investment attributable to the project;

(6) the amount of the average wage and benefits paid by the applicant in relation to the wage and benefits of the Clean Energy Empowerment Zone;

(7) the costs to Illinois and the affected political subdivisions with respect to the project; and

(8) the financial assistance that is otherwise provided by Illinois and the affected political subdivisions.

Section 25-235. Amount and duration of credit.

(a) The Department shall determine the amount and duration of the credit awarded under this Act. The duration of the credit may not exceed 10 taxable years. The credit may be stated as a percentage of the incremental income tax attributable to the applicant's project and may include a fixed dollar limitation. An agreement for the credit must be finalized and signed by all parties while the area in which the project is located is designated a Clean Energy Empowerment Zone. The credit may last longer than the applicable Clean Energy Empowerment Zone designation. Agreements entered into prior to the de-designation of a Clean Energy Empowerment Zone shall be honored for the length of the agreement.

(b) Notwithstanding subsection (a), and except as the credit may be applied in a carryover year as otherwise provided in this subsection (b), the credit may be applied against the State income tax liability in more than 10 taxable years, but not in more than 15 taxable years for an eligible green energy enterprise that: (i) qualifies under this Act and the Corporate Headquarters Relocation Act and has in fact undertaken a qualifying project within the time frame specified by the Department of Commerce and Economic Opportunity under that Act; and (ii) applies against its State income tax liability, during the entire 15-year period, no more than 60% of the maximum credit per year that would otherwise be available under this Act.

Any credit that is unused in the year the credit is computed 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.

Section 25-240. Contents of agreements with applicants. The Department shall enter into an agreement with an applicant that is awarded a credit under this Act.

Section 25-245. Certificate of verification; submission to the Department of Revenue. A taxpayer claiming a credit under this Act shall submit to the Department of Revenue a copy of the Director's certificate of verification under this Act for the taxable year. Failure to submit a copy of the certificate with the taxpayer's tax return shall not invalidate a claim for a credit.

Section 25-250. Supplier diversity. Each taxpayer claiming a credit under this Act shall, no later than April 15 of each taxable year for which the taxpayer claims a credit under this Act, submit to the Department of Commerce and Economic Opportunity an annual report containing the information described in subsections (b), (c), (d), and (e) of Section 5-117 of the Public Utilities Act. Those reports shall be submitted in the form and manner required by the Department of Commerce and Economic Opportunity.

Section 25-255. Pass-through entity. The shareholders or partners of a taxpayer that is a pass-through entity shall be entitled to the credit allowed under the agreement. The credit is in addition to any credit to which a shareholder or partner is otherwise entitled under a separate agreement under this Act. A pass-through entity and a shareholder or partner of the pass-through entity may not claim more than one credit under the same agreement.

Section 25-260. Rules. The Department may adopt rules necessary to implement this Part 2. The rules may provide for recipients of credits under this Part 2 to be charged fees to cover administrative costs of the tax credit program. Fees collected shall be deposited into the Energy Community Reinvestment Fund.

Section 25-265. Program terms and conditions.

(a) Any documentary materials or data made available or received by any member of a board or any agent or employee of the Department shall be deemed confidential and shall not be deemed public records to the extent that the materials or data consists of trade secrets, commercial or financial information regarding the operation of the business conducted by the applicant for or recipient of any tax credit under this Act, or any information regarding the competitive position of a business in a particular field of endeavor.

(b) Nothing in this Act shall be construed as creating any rights in any applicant to enter into an agreement or in any person to challenge the terms of any agreement.

Article 30. Coal Severance Fee Act

Section 30-1. Short title. This Article may be cited as the Coal Severance Fee Act. References in this Article to "this Act" mean this Article.

Section 30-5. Coal severance fee.

(a) Definitions. As used in this Act:

"Department" means the Department of Revenue.

"Person" means any natural individual, firm, partnership, association, joint stock company, joint adventure, public or private corporation, limited liability company, or a receiver, executor, trustee, guardian, or other representative appointed by order of any court.

(b) Tax imposed.

(1) On and after June 1, 2021, there is hereby imposed a tax upon any person engaged in the business of severing or preparing coal for sale, profit, or commercial use, if the coal is severed from a mine located in this State. The rate of the tax imposed under this Section is 6% of the gross value of the severed coal.

(2) The liability for the tax accrues at the time the coal is severed.

(c) Payment and collection of tax.

(1) The tax imposed under this Act shall be due and payable on or before the 20th day of the month following the month in which the coal is severed.

(2) The State shall have a lien on all coal severed in this State on or after June 1, 2021 to secure the payment of the tax.

(d) Registration. A person who is subject to the tax imposed under this Act shall register with the Department. Application for a certificate of registration shall be made to the Department upon forms furnished by the Department and shall contain any reasonable information the Department may require. Upon receipt of the application for a certificate of registration in proper form, the Department shall issue to the applicant a certificate of registration.

(e) Inspection of records by Department, subpoena power, contempt. For the purpose of computing the amount of the tax due under this Section, the Department has the following powers:

(1) to require any person who is subject to this tax to furnish any additional information deemed to be necessary for the computation of the tax;

(2) to examine books, records, and files of such person; and

(3) to issue subpoenas and examine witnesses under oath. If any witness fails or refuses to appear at the request of the Director, or if any witness refuses access to books, records, or files, the circuit court of the proper county, or the judge thereof, on application of the Department, shall compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from that court or a refusal to testify therein.

(f) Returns. Each taxpayer shall make a return to the Department showing the following:

(1) the name of the taxpayer;

(2) the address of the taxpayer's principal place of business;

(3) the quantity of coal severed or prepared during the month for which the return is filed;

(4) the gross value of the severed coal;

(5) the amount of tax due;

(6) the signature of the taxpayer; and

(7) any other reasonable information as the Department may require.

(g) The return shall be filed on or before the 20th day of the month after the month during which the coal is severed. The Department may require any additional report or information it deems necessary for the proper administration of this Act.

(h) Returns due under this Section shall be filed electronically in the manner prescribed by the Department. Taxpayers shall make all payments of the tax to the Department under this Act by electronic funds transfer unless, as provided by rule, the Department grants an exception upon petition of a taxpayer. Returns must be accompanied by appropriate computer generated magnetic media supporting schedule data in the format required by the Department, unless, as provided by rule, the Department grants an exception upon petition of a taxpayer.

(i) Incorporation by reference. All of the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5j, 6, 13 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act which are not inconsistent with this Act, and all provisions of the Uniform Penalty and Interest Act shall apply, as far as practicable, to the subject matter of this Act to the same extent as if such provisions were included herein.

(j) Rulemaking. The Department is hereby authorized to adopt rules as may be necessary to administer and enforce the provisions of this Act.

(k) Distribution of proceeds. All moneys received by the Department under this Act shall be paid into the Energy Community Reinvestment Fund.

Article 35. Building Energy Performance Standard Act

Section 35-1. Short title. This Article may be cited as the Building Energy Performance Standard Act. References in this Article to "this Act" mean this Article.

Section 35-5. Building Energy Performance Standard.

(a) The purpose of the Illinois Building Energy Performance Standard is to decrease energy consumption, reduce greenhouse gas emissions from existing buildings, and increase economic growth and job creation by:

(1) creating a Building Energy Performance Standard through a stakeholder engagement process;

(2) implementing the Building Energy Performance Standard for all state-owned buildings; and

(3) creating a uniform Building Energy Performance Standard that may be adopted by local jurisdictions and may be applicable to publicly owned buildings or privately owned buildings, or both.

(b) Within 90 days after the effective date of this Act, the Illinois Office of Energy shall establish a Building Energy Performance Standard Task Force to advise and provide technical assistance and recommendations for the Illinois Building Energy Performance Standard, which shall:

(A) advise the Illinois Office of Energy on creation of an implementation plan for the Building Energy Performance Standard;

(B) recommend amendments to proposed regulations issued by the Illinois Office of Energy;

(C) recommend complementary programs or policies; and

(D) complete its tasks within one year of enactment.

The Task Force shall be composed of representatives, or their designees, from the following entities:

(i) the Director of the Illinois Environmental Protection Agency;

(ii) the Director of the Capital Development Board;

(iii) The Director of Central Management Services;

(iv) a minimum of one technical expert with extensive knowledge of energy use in multiple existing commercial building use types;

(v) a representative from the City of Chicago;

(vi) the Director of the Illinois Housing Development Authority;

(vii) the Director of Commerce and Economic Opportunity;

(viii) a representative from an environmental or sustainability nonprofit organization;

(ix) a representative from each of the investor-owned utilities in Illinois;

(x) a representative who is an affordable housing advocate;

(xi) a representative from a market-rate multifamily building;

(xii) a representative from a building owners and managers association;

(xiii) a representative from a public university system;

(xiv) a representative of a nonprofit or professional association advocating for energy efficient buildings or a low-carbon built environment;

(xvi) a representative of a business or entity that provides energy efficiency or renewable energy services to large buildings or affordable housing in the State; and

(xvii) other experts or organizations deemed necessary by the Illinois Office of Energy.

(c) In establishing specific performance standards and processes, the Illinois Office of Energy shall:

(1) require all buildings owned by the State of Illinois to comply with the Building Energy Performance Standard. State-owned buildings shall meet the following timeline for compliance with Building Energy Performance Standard:

(A) buildings over 50,000 gross square feet shall comply no later than January 1, 2024;

(B) buildings over 25,000 gross square feet shall comply no later than January 1, 2026;

(C) buildings over 10,000 gross square feet shall comply no later than January 1, 2028; and

(D) buildings below 10,000 gross square feet are not required to comply.

(2) require the property type energy use targets established by the Illinois Building Energy Performance Standard to be the minimum energy efficiency requirements for any jurisdiction adopting a building energy performance standard;

(3) with input from the Building Energy Performance Standard Task Force, establish property types and building energy performance standards for each property type, or an equivalent metric for buildings that do not receive an ENERGY STAR score, no later than January 1, 2023; beginning every 5 years after January 1, 2023, the Illinois Office of Energy shall review and assess the need to update the energy performance standards for each property type;

(4) establish reporting and data verification requirements for buildings covered by Building Energy Performance Standard, and establish requirements for making reporting and data publicly available;

(5) establish that the Building Energy Performance Standard for buildings that are eligible for an ENERGY STAR score is no lower than the State median ENERGY STAR score for buildings of each property type;

(6) establish penalty guidelines for buildings failing to comply with the building energy performance requirements; and

(7) if needed, establish exemption criteria, in consultation with the Building Energy Performance Standard Task Force, including:

(A) for qualifying affordable housing buildings to delay compliance with the building energy performance requirements for no more than 3 years if the owner demonstrates, to the satisfaction of the Illinois Office of Energy, financial distress, change of ownership, vacancy, major renovation, pending demolition, or other acceptable circumstances as determined by the State of Illinois; and

(B) for qualifying buildings to delay compliance with the building energy performance requirements for up to 3 years if the owner demonstrates, to the satisfaction of the State of Illinois, financial distress, change of ownership, vacancy, major renovation, pending demolition, or other acceptable circumstances determined by the State of Illinois.

(d) In establishing specific performance standards, the Illinois Office of Energy may consider:

(1) the existence of any historic buildings and any restrictions related to the treatment of historic buildings;

(2) the diversity of building uses and requirements; and

(3) the impact on zoning regulations.

(e) The Illinois Office of Energy shall, no later than January 1, 2023, create, and make publicly available, a strategic implementation plan for State-owned buildings complying with the Illinois Building Energy Performance Standard.

(f) The Illinois Office of Energy shall post the strategic implementation plan on its website.

Article 40. Public Utilities Intervenor Compensation Act

Section 40-1. Short title. This Article may be cited as the Public Utilities Intervenor Compensation Act. References in this Article to "this Act" mean this Article.

Section 40-5. Findings. The General Assembly finds that:

(1) public participation is an important consideration in Illinois Commerce Commission proceedings;

(2) public stakeholders face financial challenges in participating at Illinois Commerce Commission proceedings, including retaining legal representation and expert witnesses;

(3) it is in the public interest to reduce barriers to participation in Illinois Commerce Commission proceedings, particularly for environmental justice and other public interest organizations;

(4) provision of compensation for participating organizations will improve Illinois Commerce Commission proceedings and decisions, increase public engagement, and encourage additional transparency.

Section 40-10. Definitions. As used in this Act:

"Commission" means the Illinois Commerce Commission.

"Compensation" means payment for all or part, as determined by the Commission, of reasonable advocate's fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award under this article and of obtaining judicial review, if any.

"Contribution" means that the customer's presentation has met the following standard:

(1) For any customer, the presentation has assisted the Commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer. For any customer, where the customer's participation has resulted in a contribution, even if the decision adopts that customer's contention or recommendations only in part, the Commission may award the customer compensation for all reasonable advocate's fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation. Participation by any customer that materially supplements, complements, or contributes to the presentation of another party, including the Commission staff, that makes a contribution to a Commission order or decision is fully eligible for compensation.

(2) For customers with fewer than 3 attorneys on staff, the customer introduces a relevant argument or factual evidence into the docket, garners a response from another party to the proceeding, and files briefs.

(3) For customers without attorneys on staff, the customer introduces a relevant argument or factual evidence into the docket.

"Customer" means any of the following:

(1) A participant representing consumers, customers, or subscribers of any electrical, gas, telephone, or water corporation that is subject to the jurisdiction of the Commission.

(2) A representative who has been authorized by a customer.

(3) A representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation.

(4) an organization representing environmental justice communities.

"Customer" does not include any state, federal, or local governmental agency, or any publicly owned public utility. "Customer" must be a nonprofit organization.

"Environmental justice communities" means the definition of that term based on existing methodologies and findings, used and as may be updated by the Illinois Power Agency and its program administrator in the Illinois Solar for All Program.

"Expert witness fees" means recorded or billed costs incurred by a customer for an expert witness.

"Other reasonable costs" means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a contribution.

"Party" means any interested party, respondent public utility, or Commission staff in a hearing or proceeding.

"Public utility" has the meaning ascribed to it in the Public Utilities Act.

"Significant financial hardship" means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocate's fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding.

Section 40-15. Intervenor compensation awards. The Commission shall award reasonable advocate's fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a hearing or proceeding to any customer that complies with the procedures in Section 40-20 and satisfies both of the following requirements:

(1) The customer's presentation makes a contribution to the adoption, in whole or in part, of the Commission's order or decision, as described in Section 40-10(b); and

(2) Participation or intervention without an award of fees or costs imposes a significant financial hardship.

Section 40-20. Intervenor compensation award procedures.

(a)(1) A customer that intends to seek an award under this article shall, within 30 days after the prehearing conference is held, file and serve on all parties to the proceeding a notice of intent to claim compensation. The Commission shall determine the procedure to be used in cases in which:

(i) no prehearing conference is scheduled;

(ii) the Commission anticipates that the proceeding will take less than 30 days;

(iii) the schedule would not reasonably allow parties to identify issues within the time frame set forth in this subsection; or

(iv) where new issues emerge after the time set for filing.

(2)(i) The notice of intent to claim compensation shall include both of the following:

(A) A statement of the nature and extent of the customer's planned participation in the proceeding as far as it is possible to set it out when the notice of intent is filed.

(B) An itemized estimate of the compensation that the customer expects to request, given the likely duration of the proceeding as it appears at the time.

(ii) The notice of intent may also include a showing by the customer that participation in the hearing or proceeding would pose a significant financial hardship. Alternatively, such a showing shall be included in the request submitted pursuant to subsection (c).

(3) Within 15 days after service of the notice of intent to claim compensation, the administrative law judge may direct the staff, and may permit any other interested party, to file a statement responding to the notice.

(b)(1) If the customer's showing of significant financial hardship was included in the notice filed pursuant to subsection (a), the administrative law judge shall issue within 30 days thereafter a preliminary ruling addressing whether the customer is eligible for an award of compensation. The ruling shall address whether a showing of significant financial hardship has been made. A finding of significant financial hardship shall create a rebuttable presumption of eligibility for compensation in other Commission proceedings commencing within 2 years after the date of that finding.

(2) The administrative law judge may, in any event, issue a ruling addressing issues raised by the notice of intent to claim compensation. The ruling may point out similar positions, areas of potential duplication in showings, unrealistic expectation for compensation, and any other matter that may affect the customer's ultimate claim for compensation. Failure of the ruling to point out similar positions or potential duplication or any other potential impact on the ultimate claim for compensation shall not imply approval of any claim for compensation. A finding of significant financial hardship in no way ensures compensation. Similarly, the failure of the customer to identify a specific issue in the notice of intent or to precisely estimate potential compensation shall not preclude an award of reasonable compensation if a contribution is made.

(c) Following issuance of a final order or decision by the Commission in the hearing or proceeding, a customer that has been found, pursuant to subsection (b), to be eligible for an award of compensation may file within 60 days a request for an award. The request shall include at a minimum a detailed description of services and expenditures and a description of the customer's contribution to the hearing or proceeding. Within 30 days after service of the request, the Commission staff may file, and any other party may file, a response to the request.

(d) The Commission may audit the records and books of the customer to the extent necessary to verify the basis for the award. The Commission shall preserve the confidentiality of the customer's records in making its audit. Within 20 days after completion of the audit, if any, the Commission shall direct that an audit report shall be prepared and filed. Any other party may file a response to the audit report within 20 days thereafter.

(e) Within 75 days after the filing of a request for compensation pursuant to subsection (c), or within 50 days after the filing of an audit report, whichever occurs later, the Commission shall issue a decision that determines whether or not the customer has made a contribution to the final order or decision in the hearing or proceeding. If the Commission finds that the customer requesting compensation has made a contribution, the Commission shall describe this contribution and shall determine the amount of compensation to be paid.

Section 40-25. Calculation of intervenor compensation awards. The computation of compensation awarded shall take into consideration the market rates paid to persons of comparable training and experience who offer similar services. The compensation awarded may not exceed the comparable market rate for services paid by the Commission or the public utility, whichever is greater, to persons of comparable training and experience who are offering similar services.

Section 40-30. Intervenor compensation payments and cost recovery. An award made under this Act shall be paid by the public utility that is the subject of the hearing, investigation, or proceeding, as determined by the Commission, within 30 days. Notwithstanding any other law, an award paid by a public utility pursuant to this Act shall be allowed by the Commission as an expense for the purpose of establishing rates of the public utility.

Section 40-35. Denial of intervenor compensation payments. The Commission shall deny any award to any customer that attempts to delay or obstruct the orderly and timely fulfillment of the Commission's responsibilities.

Section 40-40. Illinois Commerce Commission Intervenor Compensation Fund. The Illinois Commerce Commission Intervenor Compensation Fund is hereby created as a special fund in the State treasury. The Commission shall administer the Illinois Commerce Commission Intervenor Compensation Fund for use as described in Section 40-45. An electric public utility with 3,000,000 or more retail customers shall contribute $450,000 to the Illinois Commerce Commission Intervenor Compensation Fund within 60 days after the effective date of this Act. A combined electric and gas public utility serving fewer than 3,000,000 but more than 500,000 retail customers shall contribute $225,000 to the Illinois Commerce Commission Intervenor Compensation Fund within 60 days after the effective date of this Act. A gas public utility with 2,000,000 or more retail customers that is not a combined electric and gas public utility shall contribute $225,000 to the Illinois Commerce Commission Intervenor Compensation Fund within 60 days after the effective date of this Act. A gas public utility with fewer than 2,000,000 retail customers but more than 300,000 retail customers that is not a combined electric and gas public utility shall contribute $80,000 to the Illinois Commerce Commission Intervenor Compensation Fund within 60 days after the effective date of this Act. A gas public utility with fewer than 300,000 retail customers that is not a combined electric and gas public utility shall contribute $20,000 to the Illinois Commerce Commission Intervenor Compensation Fund within 60 days after the effective date of this Act.

Section 40-45. Intervenor compensation pre-proceeding grants.

(a) Any customer that applies for intervenor compensation payments under subsection (a) of Section 40-20 may also, at the same time, apply for a grant from the Illinois Commerce Commission Intervenor Compensation Fund for the costs described in its notice of intent to claim compensation. A final decision regarding the grant shall be made at the time of the preliminary ruling on intervenor compensation eligibility in subsection (b) of Section 40-20. No pre-proceeding grant shall be given to organizations who are not found to be eligible for intervenor compensation. If granted, payments must be made within 30 days to facilitate participation in the proceeding. At the time of the final decision regarding the grant, the Commission shall notify the customer of the requirements to be awarded intervenor compensation and that, if the customer does not prevail in receiving intervenor compensation of at least the amount of the grant, the customer will be expected to reimburse the Illinois Commerce Commission Intervenor Compensation Fund for the remaining grant moneys on a regular schedule within 5 years of the end of the proceeding. After notification, the customer may accept or deny receipt of the grant.

(b) To apply for a grant from the Illinois Commerce Commission Intervenor Compensation Fund, the customer must describe why prepayment of intervenor compensation is necessary for it to participate in the proceeding and show financial hardship sufficient that the customer cannot reasonably be expected to participate without receiving a grant.

(c) If a customer that receives a grant from the Illinois Commerce Commission Intervenor Compensation Fund subsequently prevails in receiving intervenor compensation, the public utility paying intervenor compensation must reimburse the fund for the amount of the grant. If the intervenor compensation amount is larger than the grant, then the balance shall be paid to the customer. If the amount of intervenor compensation is less than the grant, then the customer must reimburse the Illinois Commerce Commission Intervenor Compensation Fund for the difference with payments made on a regular schedule within 5 years after the end of the proceeding.

(d) If a customer that receives a grant from the Illinois Commerce Commission Intervenor Compensation Fund does not subsequently prevail in receiving intervenor compensation, then the customer must reimburse the Illinois Commerce Commission Intervenor Compensation Fund for the amount of the grant with payments made on a regular schedule within 5 years of the end of the proceeding.

Section 40-50. Rulemaking. The Commission shall adopt any rules necessary to implement this Act. The Commission has the authority to initiate an emergency rulemaking to adopt rules regarding intervenor compensation if necessary to allow customer participation in dockets implementing new statutes.

Article 45. Electric Vehicle Charging Act

Section 45-1. Short title. This Article may be cited the Electric Vehicle Charging Act. References in this Article to "this Act" mean this Article.

Section 45-5. Legislative intent. Electric vehicles are an important tool to fight the climate crisis, tackle air pollution, and provide safe, clean, and affordable personal transportation. The State should encourage urgent and widespread adoption of electric vehicles. Since most current electric vehicle owners are single-family homeowners who charge at home, providing access to home charging for those in multi-unit dwellings is crucial to wider electric vehicle adoption. This includes condominium unit owners and renters, regardless of parking space ownership and regardless of income. Therefore, a significant portion of parking spaces in new and renovated residential and commercial developments must be capable of electric vehicle charging. Additionally, renters and condominium unit owners must be able to install charging equipment for their cars under reasonable conditions.

Section 45-10. Applicability. This Act applies to new or renovated residential or nonresidential buildings that have parking spaces and are constructed or renovated after the effective date of this Act.

Section 45-15. Definitions. As used in this Act:

"Association" has the meaning set forth in subsection (o) of Section 2 of the Condominium Property Act or Section 1-5 of the Common Interest Community Association Act, as applicable.

"Electric vehicle" means a vehicle that is powered by an electric motor, runs on a rechargeable battery, and must be plugged in to charge or charged wirelessly.

"Electric vehicle capable" means having an installed electrical panel capacity with a dedicated branch circuit and a continuous raceway from the panel to the future electric vehicle parking space.

"Electric vehicle station" means a station that is designed in compliance with the relevant building code and delivers electricity from a source outside an electric vehicle into one or more electric vehicles.

"Electric vehicle system" includes several charging points simultaneously connecting several electric vehicles to the electric vehicle charging station and any related equipment needed to facilitate charging an electric vehicle. "Electric vehicle charging system" means a device that is:

(1) used to provide electricity to an electric vehicle;

(2) designed to ensure that a safe connection has been made between the electric grid and the electric vehicle; and

(3) able to communicate with the vehicle's control system so that electricity flows at an appropriate voltage and current level. An electric vehicle charging system may be wall mounted or pedestal style, may provide multiple cords to connect with electric vehicles, and shall:

(i) be certified by underwriters laboratories or have been granted an equivalent certification; and

(ii) comply with the current version of Article 625 of the National Electrical Code.

"Electric vehicle supply equipment" means a conductor, including an ungrounded, grounded, and equipment grounding conductor, and electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, and apparatuses installed specifically for the purpose of transferring energy between the premises wirings and the electric vehicle.

"Electric vehicle ready" means a parking space that is designed and constructed to include a fully-wired circuit with a 208-volt to 250-volt, rated no more than 50-ampere electric vehicle charging receptacle outlet or termination point, including the conduit, wiring, and electrical service capacity necessary to serve that receptacle, to allow for future electric vehicle supply equipment.

"Level 1" means a charging system that provides charging through a 120-volt AC plug with a cord connector that meets the SAE International J2954 standard or successor standard.

"Level 2" means a charging system that provides charging through a 208-volt to 240-volt AC plug with a cord connector that meets the SAE International J2954 standard or a successor standard.

"New" means any newly constructed building and associated newly constructed parking facility.

"Reasonable restriction" means a restriction that does not significantly increase the cost of the electric vehicle charging station or electric vehicle charging system or significantly decrease its efficiency or specified performance.

"Renovated" means altered or added where electrical service capacity is increased.

Section 45-20. Residential requirements. A new or renovated residential building shall have:

(1) 100% of its total parking spaces electric vehicle ready, if there are one to 6 parking spaces;

(2) 100% of its total parking spaces electric vehicle capable, of which at least 20% shall be electric vehicle ready, if there are 6 to 23 parking spaces; or

(3) 100% of its total parking spaces electric vehicle capable, if there are 24 or more parking spaces, of which at least 5 spots shall be EV Ready. Additionally, if there are 24 or more parking spaces, a new or renovated residential building shall provide at least one parking space with electric vehicle supply equipment installed, and for each additional parking space with electric vehicle supply equipment installed, the electric vehicle ready requirement is decreased by 2%.

Where additional parking exists or is feasible, each parking space shall be marked and signed for common use by residents. A resident shall use an electric vehicle parking space only when he or she is charging his or her electric vehicle.

Section 45-25. Nonresidential requirements. A new or renovated nonresidential building shall have 20% of its total parking spaces electric vehicle ready.

Section 45-30. Electric vehicle charging station policy for unit owners.

(a) Any covenant, restriction, or condition contained in any deed, contract, security interest, or other instrument affecting the transfer or sale of any interest in a condominium or common interest community, and any provision of a governing document that effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station within a unit owner's unit or a designated parking space, including, but not limited to, a deeded parking space, a parking space in a unit owner's exclusive use common area, or a parking space that is specifically designated for use by a particular unit owner, or is in conflict with this Section, is void and unenforceable.

(b) This Section does not apply to provisions that impose a reasonable restriction on an electric vehicle charging station. However, it is the policy of this State to promote, encourage, and remove obstacles to the use of an electric vehicle charging station.

(c) An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by State and local authorities, and all other applicable zoning, land use, or other ordinances or land use permits.

(d) If approval is required for the installation or use of an electric vehicle charging station, the association shall process and approve the application in the same manner as an application for approval of an architectural modification to the property, and the association shall not willfully avoid or delay the adjudication of the application. The approval or denial of an application shall be in writing. If an application is not denied in writing within 60 days from the date of the receipt of the application, the application shall be deemed approved unless the delay is the result of a reasonable request for additional information.

(e) If the electric vehicle charging station is to be placed in a common area or exclusive use common area, as designated by the condominium or common interest community association, the following applies:

(1) The unit owner shall first obtain approval from the association to install the electric vehicle charging station and the association shall approve the installation if the unit owner agrees, in writing, to:

(i) comply with the association's architectural standards for the installation of the electric vehicle charging station;

(ii) engage a licensed electrical contractor to install the electric vehicle charging station;

(iii) within 14 days after approval, provide a certificate of insurance that names the association as an additional insured party under the unit owner's insurance policy as required under paragraph (3); and

(iv) pay for both the costs associated with the installation of and the electricity usage associated with the electric vehicle charging station.

(2) The unit owner, and each successive unit owner of the electric vehicle charging station, is responsible for:

(i) costs for damage to the electric vehicle charging station, common area, exclusive use common area, or separate interests resulting from the installation, maintenance, repair, removal, or replacement of the electric vehicle charging station;

(ii) costs for the maintenance, repair, and replacement of the electric vehicle charging station until it has been removed, and for the restoration of the common area after removal;

(iii) costs of electricity associated with the charging station, which shall be based on:

(A) an inexpensive submetering device; or

(B) a reasonable calculation of cost, based on the average miles driven, efficiency of the electric vehicle calculated by the United States Environmental Protection Agency, and the cost of electricity for the common area; and

(iv) disclosing to a prospective buyer the existence of any electric vehicle charging station of the unit owner and the related responsibilities of the unit owner under this Section.

(3) The purpose of the costs under paragraph (2) is for the reasonable reimbursement of electricity usage, and shall not be set to deliberately exceed the reasonable reimbursement.

(4) The unit owner of the electric vehicle charging station, whether the electric vehicle charging station is located within the common area or exclusive use common area, shall, at all times, maintain a liability coverage policy. The unit owner that submitted the application to install the electric vehicle charging station shall provide the association with the corresponding certificate of insurance with 14 days after approval of the application. The unit owner, and each successive unit owner, shall provide the association with the certificate of insurance annually thereafter.

(5) A unit owner is not required t