Full Text of HB4412 102nd General Assembly
HB4412sam001 102ND GENERAL ASSEMBLY | Sen. Bill Cunningham Filed: 1/5/2023
| | 10200HB4412sam001 | | LRB102 22343 AMQ 42479 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 4412
| 2 | | AMENDMENT NO. ______. Amend House Bill 4412 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Officials and Employees Ethics Act | 5 | | is amended by changing Section 20-5 as follows: | 6 | | (5 ILCS 430/20-5)
| 7 | | Sec. 20-5. Executive Ethics Commission.
| 8 | | (a) The Executive Ethics Commission is created.
| 9 | | (b) The Executive Ethics Commission shall consist of 9
| 10 | | commissioners.
The Governor shall appoint 5 commissioners, and | 11 | | the Attorney General, Secretary
of State, Comptroller, and | 12 | | Treasurer shall each appoint one commissioner.
Appointments | 13 | | shall be made by and with the advice and consent of the
Senate | 14 | | by three-fifths of the elected members concurring by record | 15 | | vote.
Any nomination not acted upon by the Senate within 60 | 16 | | session days of the
receipt thereof shall be deemed to have |
| | | 10200HB4412sam001 | - 2 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | received the advice and consent of
the Senate. If, during a | 2 | | recess of the Senate, there is a vacancy in an office
of | 3 | | commissioner, the appointing authority shall make a temporary
| 4 | | appointment until the next meeting of the Senate when the | 5 | | appointing
authority shall make a nomination to fill that | 6 | | office. No person rejected for
an office of commissioner | 7 | | shall, except by the Senate's request, be
nominated again for | 8 | | that office at the same session of the Senate or be
appointed | 9 | | to that office during a recess of that Senate.
No more than 5
| 10 | | commissioners may be of the same
political party.
| 11 | | The terms of the initial commissioners shall commence upon | 12 | | qualification.
Four initial appointees of the Governor, as | 13 | | designated by the Governor, shall
serve terms running through | 14 | | June 30, 2007. One initial appointee of the
Governor, as | 15 | | designated by the Governor, and the initial appointees of the
| 16 | | Attorney General, Secretary of State, Comptroller, and | 17 | | Treasurer shall serve
terms running through June 30, 2008.
The | 18 | | initial appointments shall be made within 60 days
after the | 19 | | effective date of this Act.
| 20 | | After the initial terms, commissioners shall serve for | 21 | | 4-year terms
commencing on July 1 of the year of appointment | 22 | | and running
through June 30 of the fourth following year. | 23 | | Commissioners may be
reappointed to one or more subsequent | 24 | | terms.
| 25 | | Vacancies occurring other than at the end of a term shall | 26 | | be filled
by the appointing authority only for the balance of |
| | | 10200HB4412sam001 | - 3 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | the
term of the commissioner whose office is vacant.
| 2 | | Terms shall run regardless of whether the position is | 3 | | filled.
| 4 | | (c) The appointing authorities shall appoint commissioners | 5 | | who
have experience holding governmental office or employment | 6 | | and shall
appoint commissioners from the general public.
A | 7 | | person is not eligible to
serve as a commissioner if that | 8 | | person (i) has been convicted of a
felony or a crime of | 9 | | dishonesty or moral turpitude, (ii) is, or was
within the | 10 | | preceding 12 months, engaged in activities that
require | 11 | | registration under the Lobbyist Registration Act, (iii) is | 12 | | related
to the appointing authority, or (iv) is a State | 13 | | officer or employee.
| 14 | | (d) The Executive Ethics Commission shall have
| 15 | | jurisdiction over all officers and employees of State agencies | 16 | | other
than the General Assembly, the Senate, the House of | 17 | | Representatives,
the President and Minority Leader of the | 18 | | Senate, the Speaker and
Minority Leader of the House of | 19 | | Representatives, the Senate
Operations Commission, the | 20 | | legislative support services agencies, and
the Office of the | 21 | | Auditor General.
The Executive Ethics Commission shall have | 22 | | jurisdiction over all board members and employees of Regional | 23 | | Transit Boards. The jurisdiction of the
Commission is limited | 24 | | to matters arising under this Act, except as provided in | 25 | | subsection (d-5).
| 26 | | A member or legislative branch State employee serving on |
| | | 10200HB4412sam001 | - 4 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | an executive branch board or commission remains subject to the | 2 | | jurisdiction of the Legislative Ethics Commission and is not | 3 | | subject to the jurisdiction of the Executive Ethics | 4 | | Commission. | 5 | | (d-5) The Executive Ethics Commission shall have | 6 | | jurisdiction over all chief procurement officers and | 7 | | procurement compliance monitors and their respective staffs. | 8 | | The Executive Ethics Commission shall have jurisdiction over | 9 | | any matters arising under the Illinois Procurement Code if the | 10 | | Commission is given explicit authority in that Code. | 11 | | (d-6) (1) The Executive Ethics Commission shall have | 12 | | jurisdiction over the Illinois Power Agency and its staff. The | 13 | | Director of the Agency shall be appointed by a majority of the | 14 | | commissioners of the Executive Ethics Commission, subject to | 15 | | Senate confirmation, for a term of 2 years for appointments | 16 | | made before the effective date of this amendatory Act of the
| 17 | | 102nd General Assembly and for a term of 4 years for
| 18 | | appointments made on or after the effective date of this
| 19 | | amendatory Act of the 102nd General Assembly . The Director is | 20 | | removable for cause by a majority of the Commission upon a | 21 | | finding of neglect, malfeasance, absence, or incompetence. | 22 | | (2) In case of a vacancy in the office of Director of the | 23 | | Illinois Power Agency during a recess of the Senate, the | 24 | | Executive Ethics Commission may make a temporary appointment | 25 | | until the next meeting of the Senate, at which time the | 26 | | Executive Ethics Commission shall nominate some person to fill |
| | | 10200HB4412sam001 | - 5 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | the office, and any person so nominated who is confirmed by the | 2 | | Senate shall hold office during the remainder of the term and | 3 | | until his or her successor is appointed and qualified. Nothing | 4 | | in this subsection shall prohibit the Executive Ethics | 5 | | Commission from removing a temporary appointee or from | 6 | | appointing a temporary appointee as the Director of the | 7 | | Illinois Power Agency. | 8 | | (3) Prior to June 1, 2012, the Executive Ethics Commission | 9 | | may, until the Director of the Illinois Power Agency is | 10 | | appointed and qualified or a temporary appointment is made | 11 | | pursuant to paragraph (2) of this subsection, designate some | 12 | | person as an acting Director to execute the powers and | 13 | | discharge the duties vested by law in that Director. An acting | 14 | | Director shall serve no later than 60 calendar days, or upon | 15 | | the making of an appointment pursuant to paragraph (1) or (2) | 16 | | of this subsection, whichever is earlier. Nothing in this | 17 | | subsection shall prohibit the Executive Ethics Commission from | 18 | | removing an acting Director or from appointing an acting | 19 | | Director as the Director of the Illinois Power Agency. | 20 | | (4) No person rejected by the Senate for the office of | 21 | | Director of the Illinois Power Agency shall, except at the | 22 | | Senate's request, be nominated again for that office at the | 23 | | same session or be appointed to that office during a recess of | 24 | | that Senate. | 25 | | (d-7) The Executive Ethics Commission shall have | 26 | | jurisdiction over complainants and respondents in violation of |
| | | 10200HB4412sam001 | - 6 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | subsection (d) of Section 20-90. | 2 | | (e) The Executive Ethics Commission must meet, either
in | 3 | | person or by other technological means, at least monthly and | 4 | | as
often as necessary. At the first meeting of the Executive
| 5 | | Ethics Commission, the commissioners shall choose from their
| 6 | | number a chairperson and other officers that they deem | 7 | | appropriate.
The terms of officers shall be for 2 years | 8 | | commencing July 1 and
running through June 30 of the second | 9 | | following year. Meetings shall be held at
the call
of the | 10 | | chairperson or any 3 commissioners. Official action by the
| 11 | | Commission shall require the affirmative vote of 5 | 12 | | commissioners, and
a quorum shall consist of 5 commissioners. | 13 | | Commissioners shall receive
compensation in an amount equal to | 14 | | the compensation of members of the State
Board of Elections | 15 | | and may be
reimbursed for their reasonable expenses actually | 16 | | incurred in the
performance of their duties.
| 17 | | (f) No commissioner or employee of the Executive
Ethics | 18 | | Commission may during his or her term of appointment or | 19 | | employment:
| 20 | | (1) become a candidate for any elective office;
| 21 | | (2) hold any other elected or appointed public office | 22 | | except for
appointments on governmental advisory boards or | 23 | | study commissions or as
otherwise expressly authorized by | 24 | | law;
| 25 | | (3) be actively involved in the affairs of any | 26 | | political party or
political
organization; or
|
| | | 10200HB4412sam001 | - 7 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | (4) advocate for the appointment of another person to | 2 | | an appointed or elected office or position or actively | 3 | | participate in any campaign for any elective office.
| 4 | | (g) An appointing authority may remove a commissioner only | 5 | | for cause.
| 6 | | (h) The Executive Ethics Commission shall appoint an | 7 | | Executive Director. The
compensation of the Executive Director | 8 | | shall be as determined by the Commission. The Executive
| 9 | | Director of the Executive Ethics Commission may employ and | 10 | | determine the
compensation of staff, as appropriations permit.
| 11 | | (i) The Executive Ethics Commission shall appoint, by a | 12 | | majority of the members appointed to the Commission, chief | 13 | | procurement officers and may appoint procurement compliance | 14 | | monitors in accordance with the provisions of the Illinois | 15 | | Procurement Code. The compensation of a chief procurement | 16 | | officer and procurement compliance monitor shall be determined | 17 | | by the Commission. | 18 | | (Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 8-9-19; | 19 | | 101-617, eff. 12-20-19.) | 20 | | Section 10. The Civil Administrative Code of Illinois is | 21 | | amended by changing Section 5-222 as follows: | 22 | | (20 ILCS 5/5-222) | 23 | | Sec. 5-222. Director of the Illinois Power Agency. The | 24 | | Director of the Illinois Power Agency must have at least 10 15 |
| | | 10200HB4412sam001 | - 8 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | years of combined experience in the electric industry, | 2 | | electricity policy, or electricity markets and must possess: | 3 | | (i) general knowledge of the responsibilities of being a | 4 | | director, (ii) managerial experience, and (iii) an advanced | 5 | | degree in economics, risk management, law, business, | 6 | | engineering, or a related field. The Director of Illinois | 7 | | Power Agency must have experience with the renewable energy | 8 | | industry and understanding of the programs established by | 9 | | Public Act 102-662 intended to promote equity in the renewable | 10 | | energy industry.
| 11 | | (Source: P.A. 95-481, eff. 8-28-07.) | 12 | | Section 15. The Department of Commerce and Economic | 13 | | Opportunity Law is amended by adding Section 1105 as follows: | 14 | | (20 ILCS 605/1105 new) | 15 | | Sec. 1105. Power price mitigation assistance. Subject to | 16 | | Appropriation the Department shall transfer $200,000,000 to an | 17 | | eligible electric utility serving adversely impacted | 18 | | residential and small commercial customers pursuant to Section | 19 | | 16-107.7 of the Public Utilities Act. This Section is repealed | 20 | | December 31, 2024. | 21 | | Section 20. The Energy Transition Act is amended by | 22 | | changing Sections 5-5 and 5-40 as follows: |
| | | 10200HB4412sam001 | - 9 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | (20 ILCS 730/5-5) | 2 | | (Section scheduled to be repealed on September 15, 2045)
| 3 | | Sec. 5-5. Definitions. As used in this Act: | 4 | | "Apprentice" means a participant in an apprenticeship | 5 | | program approved by and registered with the United States | 6 | | Department of Labor's Bureau of Apprenticeship and Training. | 7 | | "Apprenticeship program" means an apprenticeship and | 8 | | training program approved by and registered with the United | 9 | | States Department of Labor's Bureau of Apprenticeship and | 10 | | Training. | 11 | | "Black, indigenous, and people of color" or "BIPOC" means | 12 | | people who are members of the groups described in | 13 | | subparagraphs (a) through (e) of paragraph (A) of subsection | 14 | | (1) of Section 2 of the Business Enterprise for Minorities, | 15 | | Women, and Persons with Disabilities Act. | 16 | | "Community-based organizations" means an organization | 17 | | that: (1) provides employment, skill development, or related | 18 | | services to members of the community; (2) includes community | 19 | | colleges, nonprofits, and local governments; (3) utilizes at | 20 | | least one training facility in the community or region it | 21 | | serves has at least one main operating office in the community | 22 | | or region it serves ; and (4) demonstrates relationships with | 23 | | local residents and other organizations serving the community. | 24 | | "Department" means the Department of Commerce and Economic | 25 | | Opportunity, unless the text solely specifies a particular | 26 | | Department. |
| | | 10200HB4412sam001 | - 10 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | "Director" means the Director of Commerce and Economic | 2 | | Opportunity. | 3 | | "Equity eligible contractor" or "eligible contractor" | 4 | | means: | 5 | | (1) a business that is majority-owned by equity | 6 | | investment eligible individuals or persons who are or have | 7 | | been participants in the Clean Jobs Workforce Network | 8 | | Program, Clean Energy Contractor Incubator Program, | 9 | | Returning Residents Clean Jobs Training Program, Illinois | 10 | | Climate Works Preapprenticeship Program, or Clean Energy | 11 | | Primes Contractor Accelerator Program; | 12 | | (2) a nonprofit or cooperative that is | 13 | | majority-governed by equity investment eligible | 14 | | individuals or persons who are or have been participants | 15 | | in the Clean Jobs Workforce Network Program, Clean Energy | 16 | | Contractor Incubator Program, Returning Residents Clean | 17 | | Jobs Training Program, Illinois Climate Works | 18 | | Preapprenticeship Program, or Clean Energy Primes | 19 | | Contractor Accelerator Program; or | 20 | | (3) an equity investment eligible person or an | 21 | | individual who is or has been a participant in the Clean | 22 | | Jobs Workforce Network Program, Clean Energy Contractor | 23 | | Incubator Program, Returning Residents Clean Jobs Training | 24 | | Program, Illinois Climate Works Preapprenticeship Program, | 25 | | or Clean Energy Primes Contractor Accelerator Program and | 26 | | who is offering personal services as an independent |
| | | 10200HB4412sam001 | - 11 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | contractor. | 2 | | "Equity focused populations" means : (i) low-income | 3 | | persons; (ii) persons residing in equity investment eligible | 4 | | communities; (iii) persons who identify as black, indigenous, | 5 | | and people of color; (iv) formerly convicted persons; (v) | 6 | | persons who are or were in the child welfare system; (vi) | 7 | | energy workers; (vii) dependents of displaced energy workers; | 8 | | (viii) women; (ix) LGBTQ+, transgender, or gender | 9 | | nonconforming persons; (x) persons with disabilities; and (xi) | 10 | | members of any of these groups who are also youth. | 11 | | "Equity investment eligible community" and "eligible | 12 | | community" are synonymous and mean the geographic areas | 13 | | throughout Illinois which would most benefit from equitable | 14 | | investments by the State designed to combat discrimination and | 15 | | foster sustainable economic growth. Specifically, the eligible | 16 | | community means the following areas: | 17 | | (1) R3 Areas as established pursuant to Section 10-40 | 18 | | of the Cannabis Regulation and Tax Act, where residents | 19 | | have historically been excluded from economic | 20 | | opportunities, including opportunities in the energy | 21 | | sector; and | 22 | | (2) Environmental justice communities, as defined by | 23 | | the Illinois Power Agency pursuant to the Illinois Power | 24 | | Agency Act, but excluding racial and ethnic indicators, | 25 | | where residents have historically been subject to | 26 | | disproportionate burdens of pollution, including pollution |
| | | 10200HB4412sam001 | - 12 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | from the energy sector. | 2 | | "Equity investment eligible person" and "eligible person" | 3 | | are synonymous and mean the persons who would most benefit | 4 | | from equitable investments by the State designed to combat | 5 | | discrimination and foster sustainable economic growth. | 6 | | Specifically, eligible persons means the following people: | 7 | | (1) persons whose primary residence is in an equity | 8 | | investment eligible community; | 9 | | (2) persons who are graduates of or currently enrolled | 10 | | in the foster care system; or | 11 | | (3) persons who were formerly incarcerated. | 12 | | "Climate Works Hub" means a nonprofit organization | 13 | | selected by the Department to act as a workforce intermediary | 14 | | and to participate in the Illinois Climate Works | 15 | | Preapprenticeship Program. To qualify as a Climate Works Hub, | 16 | | the organization must demonstrate the following: | 17 | | (1) the ability to effectively serve diverse and | 18 | | underrepresented populations, including by providing | 19 | | employment services to such populations; | 20 | | (2) experience with the construction and building | 21 | | trades; | 22 | | (3) the ability to recruit, prescreen, and provide | 23 | | preapprenticeship training to prepare workers for | 24 | | employment in the construction and building trades; and | 25 | | (4) a plan to provide the following: | 26 | | (A) preparatory classes; |
| | | 10200HB4412sam001 | - 13 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | (B) workplace readiness skills, such as resume | 2 | | preparation and interviewing techniques; | 3 | | (C) strategies for overcoming barriers to entry | 4 | | and completion of an apprenticeship program; and | 5 | | (D) any prerequisites for acceptance into an | 6 | | apprenticeship program.
| 7 | | (Source: P.A. 102-662, eff. 9-15-21.) | 8 | | (20 ILCS 730/5-40) | 9 | | (Section scheduled to be repealed on September 15, 2045)
| 10 | | Sec. 5-40. Illinois Climate Works Preapprenticeship | 11 | | Program. | 12 | | (a) Subject to appropriation, the Department shall | 13 | | develop, and through Regional Administrators administer, the | 14 | | Illinois Climate Works Preapprenticeship Program. The goal of | 15 | | the Illinois Climate Works Preapprenticeship Program is to | 16 | | create a network of hubs throughout the State that will | 17 | | recruit, prescreen, and provide preapprenticeship skills | 18 | | training, for which participants may attend free of charge and | 19 | | receive a stipend, to create a qualified, diverse pipeline of | 20 | | workers who are prepared for careers in the construction and | 21 | | building trades and clean energy jobs opportunities therein. | 22 | | Upon completion of the Illinois Climate Works | 23 | | Preapprenticeship Program, the candidates will be connected to | 24 | | and prepared to successfully complete an apprenticeship | 25 | | program. |
| | | 10200HB4412sam001 | - 14 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | (b) Each Climate Works Hub that receives funding from the | 2 | | Energy Transition Assistance Fund shall provide an annual | 3 | | report to the Illinois Works Review Panel by April 1 of each | 4 | | calendar year. The annual report shall include the following | 5 | | information: | 6 | | (1) a description of the Climate Works Hub's | 7 | | recruitment, screening, and training efforts, including a | 8 | | description of training related to construction and | 9 | | building trades opportunities in clean energy jobs; | 10 | | (2) the number of individuals who apply to, | 11 | | participate in, and complete the Climate Works Hub's | 12 | | program, broken down by race, gender, age, and veteran | 13 | | status; | 14 | | (3) the number of the individuals referenced in | 15 | | paragraph (2) of this subsection who are initially | 16 | | accepted and placed into apprenticeship programs in the | 17 | | construction and building trades; and | 18 | | (4) the number of individuals referenced in paragraph | 19 | | (2) of this subsection who remain in apprenticeship | 20 | | programs in the construction and building trades or have | 21 | | become journeymen one calendar year after their placement, | 22 | | as referenced in paragraph (3) of this subsection. | 23 | | (c) Subject to appropriation, the Department shall provide | 24 | | funding to 3 Climate Works Hubs throughout the State, | 25 | | including one to the Illinois Department of Transportation | 26 | | Region 1, one to the Illinois Department of Transportation |
| | | 10200HB4412sam001 | - 15 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | Regions 2 and 3, and one to the Illinois Department of | 2 | | Transportation Regions 4 and 5. An eligible organization may | 3 | | serve as the designated Climate Works Hub for all 5 regions. | 4 | | Climate Works Hubs shall be awarded grants in multi-year | 5 | | increments not to exceed 36 months. Each grant shall come with | 6 | | a one year initial term, with the Department renewing each | 7 | | year for 2 additional years unless the grantee either declines | 8 | | to continue or fails to meet reasonable performance measures | 9 | | that consider apprenticeship programs timeframes. The | 10 | | Department shall initially select a community-based provider | 11 | | in each region and shall subsequently select a community-based | 12 | | provider in each region every 3 years. The Department may take | 13 | | into account experience and performance as a previous grantee | 14 | | of the Climate Works Hub as part of the selection criteria for | 15 | | subsequent years. | 16 | | (d) Each Climate Works Hub that receives funding from the | 17 | | Energy Transition Assistance Fund shall: | 18 | | (1) recruit, prescreen, and provide preapprenticeship | 19 | | training to equity investment eligible persons; | 20 | | (2) provide training information related to | 21 | | opportunities and certifications relevant to clean energy | 22 | | jobs in the construction and building trades; and | 23 | | (3) provide preapprentices with stipends they receive | 24 | | that may vary depending on the occupation the individual | 25 | | is training for. | 26 | | (d-5) Priority shall be given to Climate Works Hubs that |
| | | 10200HB4412sam001 | - 16 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | have an agreement with North American Building Trades Unions | 2 | | (NABTU) to utilize the Multi-Craft Core Curriculum or | 3 | | successor curriculums. | 4 | | (e) Funding for the Program is subject to appropriation | 5 | | from the Energy Transition Assistance Fund. | 6 | | (f) The Department shall adopt any rules deemed necessary | 7 | | to implement this Section.
| 8 | | (Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22.) | 9 | | Section 25. The Illinois Power Agency Act is amended by | 10 | | changing Section 1-70 as follows: | 11 | | (20 ILCS 3855/1-70)
| 12 | | Sec. 1-70. Agency officials. | 13 | | (a) The Agency shall have a Director who meets the | 14 | | qualifications specified in Section 5-222 of the Civil | 15 | | Administrative Code of Illinois. | 16 | | (b) Within the Illinois Power Agency, the Agency shall | 17 | | establish a Planning and Procurement Bureau and may establish | 18 | | a Resource Development Bureau. Each Bureau shall report to the | 19 | | Director. | 20 | | (c) The Chief of the Planning and Procurement Bureau shall | 21 | | be appointed by the Director, at the Director's sole | 22 | | discretion, and (i) shall have at least 5 years of direct | 23 | | experience in electricity supply planning and procurement and | 24 | | (ii) shall also hold an advanced degree in risk management, |
| | | 10200HB4412sam001 | - 17 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | law, business, or a related field. | 2 | | (d) The Chief of the Resource Development Bureau may be | 3 | | appointed by the Director and (i) shall have at least 5 years | 4 | | of direct experience in electric generating project | 5 | | development and (ii) shall also hold an advanced degree in | 6 | | economics, engineering, law, business, or a related field. | 7 | | (e) For terms beginning on or after the effective date of | 8 | | this amendatory Act of the 102nd General Assembly ending | 9 | | before December 31, 2019 , the Director shall receive an annual | 10 | | salary in an amount equal to the annual salary provided to the
| 11 | | Director of the Environmental Protection Agency under Section
| 12 | | 4 of the Environmental Protection Act of $100,000 or as set by | 13 | | the Executive Ethics Commission based on a review of | 14 | | comparable State agency director salaries, whichever is | 15 | | higher. No annual salary for the Director or a Bureau Chief | 16 | | shall exceed the amount of salary set by law for the Governor | 17 | | that is in effect on July 1 of that fiscal year. | 18 | | (f) The Director and Bureau Chiefs shall not, for 2 years | 19 | | prior to employment appointment or for 2 years after he or she | 20 | | leaves his or her position , be employed as a full time employee | 21 | | of by an electric utility, independent power producer, power | 22 | | marketer, or alternative retail electric supplier regulated by | 23 | | the Commission or the Federal Energy Regulatory Commission. | 24 | | The Director and Bureau Chiefs shall not, for 2 years after he | 25 | | or she leaves his or her position, be employed by an electric | 26 | | utility, independent power producer, power marketer, or |
| | | 10200HB4412sam001 | - 18 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | alternative retail electric supplier regulated by the | 2 | | Commission or the Federal Energy Regulatory Commission. | 3 | | (g) The Director and Bureau Chiefs are prohibited from: | 4 | | (i) owning, directly or indirectly, 5% or more of the voting | 5 | | capital stock of an electric utility, independent power | 6 | | producer, power marketer, or alternative retail electric | 7 | | supplier; (ii) being in any chain of successive ownership of | 8 | | 5% or more of the voting capital stock of any electric utility, | 9 | | independent power producer, power marketer, or alternative | 10 | | retail electric supplier; (iii) receiving any form of | 11 | | compensation, fee, payment, or other consideration from an | 12 | | electric utility, independent power producer, power marketer, | 13 | | or alternative retail electric supplier, including legal fees, | 14 | | consulting fees, bonuses, or other sums. These limitations do | 15 | | not apply to any compensation received pursuant to a defined | 16 | | benefit plan or other form of deferred compensation, provided | 17 | | that the individual has otherwise severed all ties to the | 18 | | utility, power producer, power marketer, or alternative retail | 19 | | electric supplier.
| 20 | | (Source: P.A. 102-662, eff. 9-15-21.) | 21 | | Section 30. The Counties Code is amended by changing | 22 | | Section 5-12020 as follows: | 23 | | (55 ILCS 5/5-12020) | 24 | | Sec. 5-12020. Commercial Wind farms, electric-generating |
| | | 10200HB4412sam001 | - 19 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | wind devices, and commercial wind energy facilities and | 2 | | commercial solar energy facilities . | 3 | | (a) As used in this Section: | 4 | | "Commercial solar energy facility" means a "commercial | 5 | | solar energy system" as defined in Section 10-720 of the | 6 | | Property Tax Code. "Commercial solar energy facility" does not | 7 | | mean a utility-scale solar energy facility being constructed | 8 | | at a site that was eligible to participate in a procurement | 9 | | event conducted by the Illinois Power Agency pursuant to | 10 | | subsection (c-5) of Section 1-75 of the Illinois Power Agency | 11 | | Act. | 12 | | "Commercial wind energy facility" means a wind energy | 13 | | conversion facility of equal or greater than 500 kilowatts in | 14 | | total nameplate generating capacity. "Commercial wind energy | 15 | | facility" includes a wind energy conversion facility seeking | 16 | | an extension of a permit to construct granted by a county or | 17 | | municipality before the effective date of this amendatory Act | 18 | | of the 102nd General Assembly. | 19 | | "Facility owner" means (i) a person with a direct | 20 | | ownership interest in a commercial wind energy facility or a | 21 | | commercial solar energy facility, or both, regardless of | 22 | | whether the person is involved in acquiring the necessary | 23 | | rights, permits, and approvals or otherwise planning for the | 24 | | construction and operation of the facility, and (ii) at the | 25 | | time the facility is being developed, a person who is acting as | 26 | | a developer of the facility by acquiring the necessary rights, |
| | | 10200HB4412sam001 | - 20 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | permits, and approvals or by planning for the construction and | 2 | | operation of the facility, regardless of whether the person | 3 | | will own or operate the facility. | 4 | | "Nonparticipating property" means real property that is | 5 | | not a participating property. | 6 | | "Nonparticipating residence" means a residence that is | 7 | | located on nonparticipating property and that is existing and | 8 | | occupied on the date that an application for a permit to | 9 | | develop the commercial wind energy facility or the commercial | 10 | | solar energy facility is filed with the county. | 11 | | "Occupied community building" means any one or more of the | 12 | | following buildings that is existing and occupied on the date | 13 | | that the application for a permit to develop the commercial | 14 | | wind energy facility or the commercial solar energy facility | 15 | | is filed with the county: a school, place of worship, day care | 16 | | facility, public library, or community center. | 17 | | "Participating property" means real property that is the | 18 | | subject of a written agreement between a facility owner and | 19 | | the owner of the real property that provides the facility | 20 | | owner an easement, option, lease, or license to use the real | 21 | | property for the purpose of constructing a commercial wind | 22 | | energy facility, a commercial solar energy facility, or | 23 | | supporting facilities. "Participating property" also includes | 24 | | real property that is owned by a facility owner for the purpose | 25 | | of constructing a commercial wind energy facility, a | 26 | | commercial solar energy facility, or supporting facilities. |
| | | 10200HB4412sam001 | - 21 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | "Participating residence" means a residence that is | 2 | | located on participating property and that is existing and | 3 | | occupied on the date that an application for a permit to | 4 | | develop the commercial wind energy facility or the commercial | 5 | | solar energy facility is filed with the county. | 6 | | "Protected lands" means real property that is: | 7 | | (1) subject to a permanent conservation right
| 8 | | consistent with the Real Property Conservation Rights Act; | 9 | | or | 10 | | (2) registered or designated as a nature preserve,
| 11 | | buffer, or land and water reserve under the Illinois | 12 | | Natural Areas Preservation Act. | 13 | | "Supporting facilities" means the transmission lines, | 14 | | substations, access roads, meteorological towers, storage | 15 | | containers, and equipment associated with the generation and | 16 | | storage of electricity by the commercial wind energy facility | 17 | | or commercial solar energy facility. | 18 | | "Wind tower" includes the wind turbine tower, nacelle, and | 19 | | blades. | 20 | | (b) Notwithstanding any other provision of law or whether | 21 | | the county has formed a zoning commission and adopted formal | 22 | | zoning under Section 5-12007, a county may establish standards | 23 | | for commercial wind energy facilities, commercial solar energy | 24 | | facilities, or both wind farms and electric-generating wind | 25 | | devices . The standards may include all of the requirements | 26 | | specified in this Section but may not include requirements for |
| | | 10200HB4412sam001 | - 22 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | commercial wind energy facilities or commercial solar energy | 2 | | facilities that are more restrictive than specified in this | 3 | | Section , without limitation, the height of the devices and the | 4 | | number of devices that may be located within a geographic | 5 | | area . A county may also regulate the siting of commercial wind | 6 | | energy facilities with standards that are not more restrictive | 7 | | than the requirements specified in this Section wind farms and | 8 | | electric-generating wind devices in unincorporated areas of | 9 | | the county that are outside of the zoning jurisdiction of a | 10 | | municipality and that are outside the 1.5 - mile radius | 11 | | surrounding the zoning jurisdiction of a municipality. | 12 | | (c) If a county has elected to establish standards under | 13 | | subsection (b), before the county grants siting approval or a | 14 | | special use permit for a commercial wind energy facility or a | 15 | | commercial solar energy facility, or modification of an | 16 | | approved siting or special use permit, the county board of the | 17 | | county in which the facility is to be sited or the zoning board | 18 | | of appeals for the county shall hold There shall be at least | 19 | | one public hearing . The public hearing shall be conducted in | 20 | | accordance with the Open Meetings Act and shall be held not | 21 | | more than 45 days after the filing of the application for the | 22 | | facility. The county shall allow interested parties to a | 23 | | special use permit an opportunity to present evidence and to | 24 | | cross-examine witnesses at the hearing, but the county may | 25 | | impose reasonable restrictions on the public hearing, | 26 | | including reasonable time limitations on the presentation of |
| | | 10200HB4412sam001 | - 23 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | evidence and the cross-examination of witnesses. The county | 2 | | shall also allow public comment at the public hearing in | 3 | | accordance with the Open Meetings Act. The county shall make | 4 | | its siting and permitting decisions not more than 30 days | 5 | | after the conclusion of the public hearing prior to a siting | 6 | | decision by the county board . Notice of the hearing shall be | 7 | | published in a newspaper of general circulation in the county. | 8 | | A commercial wind energy facility owner , as defined in the | 9 | | Renewable Energy Facilities Agricultural Impact Mitigation | 10 | | Act, must enter into an agricultural impact mitigation | 11 | | agreement with the Department of Agriculture prior to the date | 12 | | of the required public hearing. A commercial wind energy | 13 | | facility owner seeking an extension of a permit granted by a | 14 | | county prior to July 24, 2015 (the effective date of Public Act | 15 | | 99-132) must enter into an agricultural impact mitigation | 16 | | agreement with the Department of Agriculture prior to a | 17 | | decision by the county to grant the permit extension. Counties | 18 | | may allow test wind towers or test solar energy systems to be | 19 | | sited without formal approval by the county board. Any | 20 | | provision of a county zoning ordinance pertaining to wind | 21 | | farms that is in effect before August 16, 2007 (the effective | 22 | | date of Public Act 95-203) may continue in effect | 23 | | notwithstanding any requirements of this Section. | 24 | | (d) A county with an existing zoning ordinance in conflict | 25 | | with this Section shall amend that zoning ordinance to be in | 26 | | compliance with this Section within 120 days after the |
| | | 10200HB4412sam001 | - 24 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | effective date of this amendatory Act of the 102nd General | 2 | | Assembly. | 3 | | (e) A county may not require : | 4 | | (1) a wind tower of a commercial wind energy facility | 5 | | to be sited as follows, with setback distances measured | 6 | | from the center of the base of the wind tower: or other | 7 | | renewable energy system that is used exclusively by an end | 8 | | user to be setback more than 1.1 times the height of the | 9 | | renewable energy system from the end user's property line. | 10 | | Setback Description Setback Distance | 11 | | Occupied Community 2.1 times the maximum blade tip | 12 | | Buildings height of the wind tower to the | 13 | | nearest point on the outside | 14 | | wall of the structure | 15 | | Participating Residences 1.1 times the maximum blade tip | 16 | | height of the wind tower to the | 17 | | nearest point on the outside | 18 | | wall of the structure | 19 | | Nonparticipating Residences 2.1 times the maximum blade tip | 20 | | height of the wind tower to the | 21 | | nearest point on the outside | 22 | | wall of the structure |
| | | 10200HB4412sam001 | - 25 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | Boundary Lines of None | 2 | | Participating Property | 3 | | Boundary Lines of 1.1 times the maximum blade tip | 4 | | Nonparticipating Property height of the wind tower to the | 5 | | nearest point on the property | 6 | | line of the nonparticipating | 7 | | property | 8 | | Public Road Rights-of-Way 1.1 times the maximum blade tip | 9 | | height of the wind tower | 10 | | to the center point of the | 11 | | public road right-of-way | 12 | | Overhead Communication and 1.1 times the maximum blade tip | 13 | | Electric Transmission height of the wind tower to the | 14 | | and Distribution Facilities nearest edge of the property | 15 | | (Not Including Overhead line, easement, or right of | 16 | | way | 17 | | Utility Service Lines to containing the overhead line | 18 | | Individual Houses or | 19 | | Outbuildings) | 20 | | Overhead Utility Service None | 21 | | Lines to Individual |
| | | 10200HB4412sam001 | - 26 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | Houses or Outbuildings | 2 | | Fish and Wildlife Areas 2.1 times the maximum blade | 3 | | and Illinois Nature tip height of the wind tower | 4 | | Preserve Commission to the nearest point on the | 5 | | Protected Lands property line of the fish and | 6 | | wildlife area or protected | 7 | | land | 8 | | This Section does not exempt or excuse compliance with | 9 | | electric facility clearances approved or required by the | 10 | | National Electrical Code, The National Electrical Safety | 11 | | Code, Illinois Commerce Commission, Federal Energy | 12 | | Regulatory Commission, and their designees or successors. | 13 | | (2) a wind tower of a commercial wind energy facility | 14 | | to be sited so that industry standard computer modeling | 15 | | indicates that any occupied community building or | 16 | | nonparticipating residence will not experience more than | 17 | | 30 hours per year of shadow flicker under planned | 18 | | operating conditions; | 19 | | (3) a commercial solar energy facility to be sited as | 20 | | follows, with setback distances measured from the nearest | 21 | | edge of any component of the facility: | 22 | | Setback Description Setback Distance |
| | | 10200HB4412sam001 | - 27 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | Occupied Community 150 feet from the nearest | 2 | | Buildings and Dwellings on point on the outside wall | 3 | | Nonparticipating Properties of the structure | 4 | | Boundary Lines of None | 5 | | Participating Property | 6 | | Public Road Rights-of-Way 50 feet from the nearest | 7 | | edge | 8 | | Boundary Lines of 50 feet to the nearest | 9 | | Nonparticipating Property point on the property | 10 | | line of the nonparticipating | 11 | | property | 12 | | (4) a commercial solar energy facility to be sited so | 13 | | that the facility's perimeter is enclosed by fencing | 14 | | having a height of at least 6 feet and no more than 25 | 15 | | feet; and | 16 | | (5) a commercial solar energy facility to be sited so | 17 | | that no component of a solar panel has a height of more | 18 | | than 20 feet above ground when the solar energy facility's | 19 | | arrays are at full tilt. | 20 | | The requirements set forth in this subsection (e) may be | 21 | | waived subject to the written consent of the owner of each | 22 | | affected nonparticipating property. |
| | | 10200HB4412sam001 | - 28 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | (f) A county may not set a sound limitation for wind towers | 2 | | in commercial wind energy facilities or any components in | 3 | | commercial solar energy facility that is more restrictive than | 4 | | the sound limitations established by the Illinois Pollution | 5 | | Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910. | 6 | | (g) A county may not place any restriction on the | 7 | | installation or use of a commercial wind energy facility or a | 8 | | commercial solar energy facility unless it adopts an ordinance | 9 | | that complies with this Section. A county may not establish | 10 | | siting standards for supporting facilities that preclude | 11 | | development of commercial wind energy facilities or commercial | 12 | | solar energy facilities. | 13 | | A request for siting approval or a special use permit for a | 14 | | commercial wind energy facility or a commercial solar energy | 15 | | facility, or modification of an approved siting or special use | 16 | | permit, shall be approved if the request is in compliance with | 17 | | the standards and conditions imposed in this Act, the zoning | 18 | | ordinance adopted consistent with this Code, and the | 19 | | conditions imposed under State and federal statutes and | 20 | | regulations. | 21 | | (h) A county may not adopt zoning regulations that | 22 | | disallow, permanently or temporarily, commercial wind energy | 23 | | facilities or commercial solar energy facilities from being | 24 | | developed or operated in any district zoned to allow | 25 | | agricultural or industrial uses. | 26 | | (i) A county may not require permit application fees for a |
| | | 10200HB4412sam001 | - 29 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | commercial wind energy facility or commercial solar energy | 2 | | facility that are unreasonable. All application fees imposed | 3 | | by the county shall be consistent with fees for projects in the | 4 | | county with similar capital value and cost. | 5 | | (j) Except as otherwise provided in this Section, a county | 6 | | shall not require standards for construction, decommissioning, | 7 | | or deconstruction of a commercial wind energy facility or | 8 | | commercial solar energy facility or related financial | 9 | | assurances that are more restrictive than those included in | 10 | | the Department of Agriculture's standard wind farm | 11 | | agricultural impact mitigation agreement, template 81818, or | 12 | | standard solar agricultural impact mitigation agreement, | 13 | | version 8.19.19, as applicable and in effect on December 31, | 14 | | 2022. The amount of any decommissioning payment shall be | 15 | | limited to the cost identified in the decommissioning or | 16 | | deconstruction plan, as required by those agricultural impact | 17 | | mitigation agreements, minus the salvage value of the project. | 18 | | (k) A county may not condition approval of a commercial | 19 | | wind energy facility or commercial solar energy facility on a | 20 | | property value guarantee and may not require a facility owner | 21 | | to pay into a neighboring property devaluation escrow account. | 22 | | (l) A county may require certain vegetative screening | 23 | | surrounding a commercial wind energy facility or commercial | 24 | | solar energy facility but may not require earthen berms or | 25 | | similar structures. | 26 | | (m) A county may set blade tip height limitations for wind |
| | | 10200HB4412sam001 | - 30 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | towers in commercial wind energy facilities but may not set a | 2 | | blade tip height limitation that is more restrictive than the | 3 | | height allowed under a Determination of No Hazard to Air | 4 | | Navigation by the Federal Aviation Administration under 14 CFR | 5 | | Part 77. | 6 | | (n) A county may require that a commercial wind energy | 7 | | facility owner or commercial solar energy facility owner | 8 | | provide: | 9 | | (1) the results and recommendations from consultation | 10 | | with the Illinois Department of Natural Resources that are | 11 | | obtained through the Ecological Compliance Assessment Tool | 12 | | (EcoCAT) or a comparable successor tool; and | 13 | | (2) the results of the United States Fish and Wildlife | 14 | | Service's Information for Planning and Consulting | 15 | | environmental review or a comparable successor tool that | 16 | | is consistent with (i) the "U.S. Fish and Wildlife | 17 | | Service's Land-Based Wind Energy Guidelines" and (ii) any | 18 | | applicable United States Fish and Wildlife Service solar | 19 | | wildlife guidelines that have been subject to public | 20 | | review. | 21 | | Only a county may establish standards for wind farms, | 22 | | electric-generating wind devices, and commercial wind energy | 23 | | facilities, as that term is defined in Section 10 of the | 24 | | Renewable Energy Facilities Agricultural Impact Mitigation | 25 | | Act, in unincorporated areas of the county outside of the | 26 | | zoning jurisdiction of a municipality and outside the 1.5 mile |
| | | 10200HB4412sam001 | - 31 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | radius surrounding the zoning jurisdiction of a municipality.
| 2 | | (o) A county may require a commercial wind energy facility | 3 | | or commercial solar energy facility to adhere to the | 4 | | recommendations provided by the Illinois Department of Natural | 5 | | Resources in an EcoCAT natural resource review report under 17 | 6 | | Ill. Admin. Code Part 1075. | 7 | | (p) A county may require a facility owner to: | 8 | | (1) demonstrate avoidance of protected lands as | 9 | | identified by the Illinois Department of Natural Resources | 10 | | and the Illinois Nature Preserve Commission; or | 11 | | (2) consider the recommendations of the Illinois | 12 | | Department of Natural Resources for setbacks from | 13 | | protected lands, including areas identified by the | 14 | | Illinois Nature Preserve Commission. | 15 | | (q) A county may require that a facility owner provide | 16 | | evidence of consultation with the Illinois State Historic | 17 | | Preservation Office to assess potential impacts on | 18 | | State-registered historic sites under the Illinois State | 19 | | Agency Historic Resources Preservation Act. | 20 | | (r) To maximize community benefits, including, but not | 21 | | limited to, reduced stormwater runoff, flooding, and erosion | 22 | | at the ground mounted solar energy system, improved soil | 23 | | health, and increased foraging habitat for game birds, | 24 | | songbirds, and pollinators, a county may (1) require a | 25 | | commercial solar energy facility owner to plant, establish, | 26 | | and maintain for the life of the facility vegetative ground |
| | | 10200HB4412sam001 | - 32 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | cover, consistent with the goals of the Pollinator-Friendly | 2 | | Solar Site Act and (2) require the submittal of a vegetation | 3 | | management plan in the application to construct and operate a | 4 | | commercial solar energy facility in the county. | 5 | | No later than 90 days after the effective date of this | 6 | | amendatory Act of the 102nd General Assembly, the Illinois | 7 | | Department of Natural Resources shall develop guidelines for | 8 | | vegetation management plans that may be required under this | 9 | | subsection for commercial solar energy facilities. The | 10 | | guidelines must include guidance for short-term and long-term | 11 | | property management practices that provide and maintain native | 12 | | and non-invasive naturalized perennial vegetation to protect | 13 | | the health and well-being of pollinators. | 14 | | (s) If a facility owner enters into a road use agreement | 15 | | with the Illinois Department of Transportation, a road | 16 | | district, or other unit of local government relating to a | 17 | | commercial wind energy facility or a commercial solar energy | 18 | | facility, the road use agreement shall require the facility | 19 | | owner to be responsible for (i) the reasonable cost of | 20 | | improving roads used by the facility owner to construct the | 21 | | commercial wind energy facility or the commercial solar energy | 22 | | facility and (ii) the reasonable cost of repairing roads used | 23 | | by the facility owner during construction of the commercial | 24 | | wind energy facility or the commercial solar energy facility | 25 | | so that those roads are in a condition that is safe for the | 26 | | driving public after the completion of the facility's |
| | | 10200HB4412sam001 | - 33 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | construction. Roadways improved in preparation for and during | 2 | | the construction of the commercial wind energy facility or | 3 | | commercial solar energy facility shall be repaired and | 4 | | restored to the improved condition at the reasonable cost of | 5 | | the developer if the roadways have degraded or were damaged as | 6 | | a result of construction-related activities. | 7 | | The road use agreement shall not require the facility | 8 | | owner to pay costs, fees, or charges for road work that is not | 9 | | specifically and uniquely attributable to the construction of | 10 | | the commercial wind energy facility or the commercial solar | 11 | | energy facility. Road-related fees, permit fees, or other | 12 | | charges imposed by the Illinois Department of Transportation, | 13 | | a road district, or other unit of local government under a road | 14 | | use agreement with the facility owner shall be reasonably | 15 | | related to the cost of administration of the road use | 16 | | agreement. | 17 | | (t) Notwithstanding any other provision of law, a facility | 18 | | owner with siting approval from a county to construct a | 19 | | commercial wind energy facility or a commercial solar energy | 20 | | facility is authorized to cross or impact a drainage system, | 21 | | including, but not limited to, drainage tiles, open drainage | 22 | | districts, culverts, and water gathering vaults, owned or | 23 | | under the control of a drainage district under the Illinois | 24 | | Drainage Code without obtaining prior agreement or approval | 25 | | from the drainage district, except that the facility owner | 26 | | shall repair or pay for the repair of all damage to the |
| | | 10200HB4412sam001 | - 34 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | drainage system caused by the construction of the commercial | 2 | | wind energy facility or the commercial solar energy facility | 3 | | within a reasonable time after construction of the commercial | 4 | | wind energy facility or the commercial solar energy facility | 5 | | is complete. | 6 | | (u) The amendments to this Section adopted in this | 7 | | amendatory Act of the 102nd General Assembly do not apply to | 8 | | (1) an application for siting approval or for a special use | 9 | | permit for a commercial wind energy facility or commercial | 10 | | solar energy facility if the application was submitted to a | 11 | | unit of local government before the effective date of this | 12 | | amendatory Act of the 102nd General Assembly or (2) a | 13 | | commercial wind energy facility or a commercial solar energy | 14 | | facility if the facility owner has submitted an agricultural | 15 | | impact mitigation agreement to the Department of Agriculture | 16 | | before the effective date of this amendatory Act of the 102nd | 17 | | General Assembly. | 18 | | (Source: P.A. 100-598, eff. 6-29-18; 101-4, eff. 4-19-19.)
| 19 | | Section 35. The Public Utilities Act is amended by | 20 | | changing Section 8-402.2 as follows: | 21 | | (220 ILCS 5/8-402.2) | 22 | | Sec. 8-402.2. Public Schools Carbon-Free Assessment | 23 | | programs. | 24 | | (a) Within one year after the effective date of this |
| | | 10200HB4412sam001 | - 35 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | amendatory
Act of the 102nd General Assembly, each electric | 2 | | utility serving over
500,000 retail customers in this State | 3 | | shall implement a Public
Schools Carbon-Free Assessment | 4 | | program. | 5 | | (b) Each utility's Public Schools Carbon-Free Assessment | 6 | | program
shall include the following requirements: | 7 | | (1) Each plan shall be designed to offer within the
| 8 | | utility's service territory to assist public schools, as | 9 | | defined
by Section 1-3 of the School Code, to increase the | 10 | | efficiency of
their energy usage, to reduce the carbon | 11 | | emissions associated
with their energy usage, and to move | 12 | | toward a goal of public
schools being carbon-free in their | 13 | | energy usage by 2030. The
program shall include a target | 14 | | of completing Public Schools
Carbon-Free Assessment for | 15 | | all public schools in the utility's
service territory by | 16 | | December 31, 2029. | 17 | | (2) The Public Schools Carbon-Free Assessment shall be | 18 | | a
generally standardized assessment, but may incorporate | 19 | | flexibility
to reflect the circumstances of individual | 20 | | public schools and
public school districts. | 21 | | (3) The Public Schools Carbon-Free Assessment shall
| 22 | | include, but not be limited to, comprehensive analyses of | 23 | | the
following subjects: | 24 | | (A) The top energy efficiency savings | 25 | | opportunities
for the public school, by energy saved; | 26 | | (B) The total achievable solar energy potential on |
| | | 10200HB4412sam001 | - 36 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | or
nearby a public school's premises and able to | 2 | | provide power
to a school; | 3 | | (C) The infrastructure required to support
| 4 | | electrification of the facility's space heating and | 5 | | water
heating needs; | 6 | | (D) The infrastructure requirements to support
| 7 | | electrification of a school's transportation needs; | 8 | | and | 9 | | (E) The investments required to achieve a WELL
| 10 | | Certification or similar certification as determined
| 11 | | through methods developed and updated by the | 12 | | International
WELL Building Institute or similar or | 13 | | successor
organizations. | 14 | | (4) The Public Schools Carbon-Free Assessment also | 15 | | shall
include, but not be limited to, mechanical | 16 | | insulation evaluation
inspection and inspection of the | 17 | | building envelope(s). | 18 | | (5) With respect to those public school construction
| 19 | | projects for public schools within the service territory | 20 | | of a
utility serving over 500,000 retail customers in this | 21 | | State and
for which a public school district applies for a | 22 | | grant under
Section 5-40 of the School Construction Law on | 23 | | or after June 1,
2023, the district must submit a copy of | 24 | | the applicable Public
Schools Carbon-Free Assessment | 25 | | report, or, if no such Public
Schools Carbon-Free | 26 | | Assessment has been performed, request the
applicable |
| | | 10200HB4412sam001 | - 37 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | utility to perform such a Public Schools Carbon-Free
| 2 | | Assessment and submit a copy of the Public Schools | 3 | | Carbon-Free
Assessment report promptly when it becomes | 4 | | available. The Public Schools Carbon-Free Assessment | 5 | | report shall include, but not limited to, an energy audit | 6 | | of both the building envelope and the building's | 7 | | mechanical insulation system. It shall also include an | 8 | | inspection of both the building envelope and the | 9 | | mechanical insulation system. The district must | 10 | | demonstrate how the construction
project is designed and | 11 | | managed to achieve the goals that all
public elementary | 12 | | and secondary school facilities in the State
are able to | 13 | | be powered by clean energy by 2030, and for such
| 14 | | facilities to achieve carbon-free energy sources for space | 15 | | heat,
water heat, and transportation by 2050. | 16 | | (5.5) Each utility must retain a copy of each Public | 17 | | Schools Carbon-Free Assessment report. | 18 | | (6) The results of each Public Schools Carbon-Free
| 19 | | Assessment shall be memorialized by the utility or by a | 20 | | third
party acting on behalf of the utility in a usable | 21 | | report form and
shall be provided to the applicable public | 22 | | school. Each utility
shall be required to retain a copy of | 23 | | each Public Schools
Carbon-Free Assessment report and to | 24 | | provide confidential copies
of each report to the Illinois | 25 | | Power Agency and the Illinois
Capital Development Board | 26 | | within 3 months of its completion. The Illinois Power |
| | | 10200HB4412sam001 | - 38 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | Agency shall promptly make the results of each Public | 2 | | Schools Carbon-Free Assessment available for public | 3 | | inspection on its website. | 4 | | (7) The Public Schools Carbon-Free Assessment shall be
| 5 | | conducted in coordination with each utility's energy | 6 | | efficiency
and demand-response plans under Sections 8-103, | 7 | | 8-103A, and
8-103B of this Act, to the extent applicable. | 8 | | Nothing in this
Section is intended to modify or require | 9 | | modification of those
plans. However, the utility may | 10 | | request a modification of a plan
approved by the | 11 | | Commission, and the Commission may approve the
requested | 12 | | modification, if the modification is consistent with
the | 13 | | provisions of this Section and Section 8-103B of this Act. | 14 | | (8) If there are no other providers of assessments | 15 | | that are
substantively the same as those being performed | 16 | | by utilities
pursuant to this Section by 2024, a utility | 17 | | that has a Public
Schools Carbon-Free Assessment program | 18 | | may offer assessments to
public schools that are not | 19 | | served by a utility subject to this
Section at the | 20 | | utility's cost. | 21 | | (9) The Public Schools Carbon-Free Assessment shall be
| 22 | | offered to and performed for public schools in the | 23 | | utility's
service territory on a complimentary basis by | 24 | | each utility, with
no Assessment fee charged to the public | 25 | | schools for the
Assessments. Nothing in this Section is | 26 | | intended to prohibit the
utility from recovering through |
| | | 10200HB4412sam001 | - 39 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | rates approved by the Commission
the utility's prudent and | 2 | | reasonable costs of complying with this
Section. | 3 | | (10) Utilities shall make efforts to prioritize the
| 4 | | completion of Public Schools Carbon-Free Assessments for | 5 | | the
following school districts by December 31, 2022: East | 6 | | St. Louis
School District 189, Harvey School District 152, | 7 | | Thornton
Township High School District 205. Utilities | 8 | | shall also prioritize the completion of Public Schools | 9 | | Carbon-Free Assessments for schools located within | 10 | | environmental justice communities or schools that are | 11 | | categorized as a Tier 1 or Tier 2 school based on the | 12 | | latest annual evidence-based funding distribution process | 13 | | by the State Board of Education.
| 14 | | (Source: P.A. 102-662, eff. 9-15-21.) | 15 | | Section 40. The Public Utilities Act is amended by adding | 16 | | Section 16-107.7 as follows: | 17 | | (220 ILCS 5/16-107.7 new) | 18 | | Sec. 16-107.7. Power price mitigation rebate. | 19 | | (a) Illinois electric utility customers have been impacted | 20 | | by unanticipated changes to electric power and capacity prices | 21 | | during a period of economic hardship associated with recent | 22 | | global events, including increasing gas prices due to the | 23 | | Russian invasion of Ukraine and the COVID-19 pandemic. The | 24 | | recent power and capacity procurement events affect the market |
| | | 10200HB4412sam001 | - 40 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | prices paid by customers. Accordingly, as many customers have | 2 | | experienced increased electric utility bill impacts due to the | 3 | | increase in electric power and capacity prices, it is the | 4 | | policy of the State to assist qualifying customers through a | 5 | | power price mitigation rebate for the June 2023 through | 6 | | October 2024 electric utility billing cycle. As used in this | 7 | | Section, "small commercial customer" means those | 8 | | nonresidential retail customers of an electric utility | 9 | | consuming 15,000 kilowatt-hours or less of electricity | 10 | | annually in its service area whose service has not yet been | 11 | | declared competitive pursuant to Section 16-113. | 12 | | (b) Any electric utility serving adversely impacted | 13 | | residential and small commercial customers shall notify the | 14 | | Commission by April 15, 2023 of the same and provide the | 15 | | results of the calculations set forth in this subsection. As | 16 | | used in this Section, "electric utility serving adversely | 17 | | impacted residential and small commercial customers" means any | 18 | | electric utility that can demonstrate that the utility default | 19 | | power supply rate procured from the Illinois Power Agency and | 20 | | available to its residential and small commercial customers | 21 | | has experienced, or will experience, a more than 90% | 22 | | year-over-year total supply charge increase, as calculated by | 23 | | comparing the total supply charge effective on June 1, 2021, | 24 | | as reported by the electric utility to the Commission pursuant | 25 | | to subsection (i) of Section 16-111.5, and the total supply | 26 | | charge effective on June 1, 2022, as reported to the |
| | | 10200HB4412sam001 | - 41 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | Commission pursuant to subsection (i) of Section 16-111.5. The | 2 | | total supply charge effective on June 1, 2021, and June 1, | 3 | | 2022, respectively, as reported pursuant to subsection (i) of | 4 | | Section 16-111.5, shall be used to calculate an electric | 5 | | utility's qualification under this Section and no other | 6 | | adjustments shall be made for purposes of the calculation, | 7 | | including, but not limited to, any transmission costs, | 8 | | purchased electricity adjustments, or any other credits. Any | 9 | | small multijurisdictional electric utility that relies upon | 10 | | company-owned generation resources, including fossil fueled | 11 | | generation, to supply the majority of its eligible State | 12 | | retail customers' energy and capacity needs shall be | 13 | | ineligible to file a notice or receive funding for rebate | 14 | | credits pursuant to this Section. The Commission shall have 5 | 15 | | days from the date of receipt of the utility's notice to review | 16 | | the calculations and notify the electric utility as to whether | 17 | | it qualifies as an electric utility serving adversely impacted | 18 | | residential and small commercial customers under this Section. | 19 | | (c) Any electric utility that provides notice to the | 20 | | Commission of qualification under subsection (b) shall | 21 | | concurrently file a tariff with the Commission that provides | 22 | | for a monthly rebate credit to be given to all residential and | 23 | | small commercial customers, beginning as soon as is | 24 | | practicable following the effective date of this amendatory | 25 | | Act of the 102nd General Assembly. The tariff shall provide | 26 | | that the total funds appropriated by the Department of |
| | | 10200HB4412sam001 | - 42 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | Commerce and Economic Opportunity shall be divided equally and | 2 | | issued to all of its active residential and small commercial | 3 | | customers, including customers that take supply service from | 4 | | alternative retail suppliers or real-time pricing tariffs. The | 5 | | tariff shall further provide that the monthly rebate credit | 6 | | will be reflected on, and applied to, customer bills beginning | 7 | | at the start of a monthly billing period and continue through | 8 | | the May 2023 billing period in a manner compliant with | 9 | | subsections (d) and (e). The tariff shall also provide that | 10 | | the utility may apply the monthly rebate credit to up to 5 | 11 | | monthly billing periods ending in October 2023, and the | 12 | | utility may aggregate monthly rebate credits. To the extent a | 13 | | rebate credit is greater than a customer's bill in a given | 14 | | month, the excess rebate credit amount shall apply to the next | 15 | | billing period, even if the billing period is after October | 16 | | 2023, until the customer's rebate credit has been fully | 17 | | applied. | 18 | | (d) The Commission shall have 5 days from the date an | 19 | | electric utility files the tariff pursuant to subsection (c) | 20 | | to review the tariff for compliance with this Section, and, | 21 | | subject to appropriation to the Department of Commerce and | 22 | | Economic Opportunity for purposes of the power price | 23 | | mitigation, the tariff shall go into effect no later than 7 | 24 | | days from the original tariff filing date or one day from the | 25 | | date of any compliance filing, whichever is later. Upon the | 26 | | tariff becoming effective, the Commission shall notify the |
| | | 10200HB4412sam001 | - 43 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | Department of Commerce and Economic Opportunity of any | 2 | | electric utility serving adversely impacted residential and | 3 | | small commercial customers with an approved tariff that is | 4 | | eligible to receive funds to be used to pay for the monthly | 5 | | rebate credits issued pursuant to this Section. Upon receipt | 6 | | of notice from the Commission, the Department of Commerce and | 7 | | Economic Opportunity shall transfer $200,000,000 to the | 8 | | eligible electric utility serving adversely impacted | 9 | | residential and small commercial customers. | 10 | | (e) Each electric utility providing a monthly rebate | 11 | | credit to its customers pursuant to subsection (c) shall | 12 | | include at least the following statement as part of a bill | 13 | | insert or bill message provided with any bill reflecting a | 14 | | monthly rebate credit to customers: "Your bill has been | 15 | | reduced this month by the Power Price Mitigation Rebate Act | 16 | | passed by the Illinois General Assembly." The amount of the | 17 | | monthly rebate credit being applied for the billing period | 18 | | shall also be reflected on the customer's bill with the | 19 | | description "State Funded Power Price Mitigation Credit". The | 20 | | electric utility's obligation to reflect the information | 21 | | required by this subsection shall not extend past the October | 22 | | 2023 billing period. | 23 | | (f) An electric utility with a tariff approved pursuant to | 24 | | subsection (c) shall be entitled to recover the reasonable and | 25 | | prudent expenses incurred to comply with this Section and | 26 | | shall have an obligation to provide monthly rebate credits to |
| | | 10200HB4412sam001 | - 44 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | customers only to the extent there are funds available to the | 2 | | utility to provide the monthly rebate credits, as funded by | 3 | | the Department of Commerce and Economic Opportunity and | 4 | | subject to appropriation to the Department. Within 180 days | 5 | | from the date on which all allocated funds have been | 6 | | transferred to and applied by the electric utility, the | 7 | | electric utility shall notify the Commission and provide an | 8 | | accounting for all funds applied as a monthly rebate credit to | 9 | | its residential and small commercial customers. The electric | 10 | | utility shall take reasonable steps to apply all allocated | 11 | | funds it receives as monthly rebate credits. If any funds | 12 | | remain after the October 2023 billing period that have not | 13 | | been applied to residential or small commercial customers, the | 14 | | electric utility shall return such unapplied amounts to the | 15 | | Department of Commerce and Economic Opportunity by March 30, | 16 | | 2024. If the electric utility provides rebate credits to | 17 | | customers that exceed the available funds, the electric | 18 | | utility shall account for such amounts and the utility shall | 19 | | recover those amounts not to exceed 2% of the total available | 20 | | funds made available for the rebate credits as part of its next | 21 | | base rates increase pursuant to Article XVI or Article IX. | 22 | | (g) This Section, except for this subsection and | 23 | | subsection (f), is inoperative on and after January 1, 2025. | 24 | | (h) This Section may be referred to as the Power Price | 25 | | Mitigation Rebate Act. |
| | | 10200HB4412sam001 | - 45 - | LRB102 22343 AMQ 42479 a |
|
| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
|
|