Illinois General Assembly - Full Text of SB3866
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Full Text of SB3866  102nd General Assembly

SB3866eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB3866 EngrossedLRB102 24630 AMQ 33868 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Energy Transition Act is amended by
5changing Section 5-40 as follows:
 
6    (20 ILCS 730/5-40)
7    (Section scheduled to be repealed on September 15, 2045)
8    Sec. 5-40. Illinois Climate Works Preapprenticeship
9Program.
10    (a) Subject to appropriation, the Department shall
11develop, and through Regional Administrators administer, the
12Illinois Climate Works Preapprenticeship Program. The goal of
13the Illinois Climate Works Preapprenticeship Program is to
14create a network of hubs throughout the State that will
15recruit, prescreen, and provide preapprenticeship skills
16training, for which participants may attend free of charge and
17receive a stipend, to create a qualified, diverse pipeline of
18workers who are prepared for careers in the construction and
19building trades and clean energy jobs opportunities therein.
20Upon completion of the Illinois Climate Works
21Preapprenticeship Program, the candidates will be connected to
22and prepared to successfully complete an apprenticeship
23program.

 

 

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

 

 

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1Regions 2 and 3, and one to the Illinois Department of
2Transportation Regions 4 and 5. Climate Works Hubs shall be
3awarded grants in multi-year increments not to exceed 36
4months with the opportunity for grant renewal and modification
5for subsequent years. The Department shall initially select a
6community-based provider in each region and shall subsequently
7select a community-based provider in each region every 3
8years.
9    (d) Each Climate Works Hub that receives funding from the
10Energy Transition Assistance Fund shall: The Climate Works
11Hubs shall recruit, prescreen, and provide preapprenticeship
12training to equity investment eligible persons. This training
13shall include information related to opportunities and
14certifications relevant to clean energy jobs in the
15construction and building trades.
16        (1) recruit, prescreen, and provide preapprenticeship
17    training to equity investment eligible persons;
18        (2) provide training information related to
19    opportunities and certifications relevant to clean energy
20    jobs in the construction and building trades; and
21        (3) provide preapprentices with stipends not less than
22    the State minimum wage unless a higher wage is required by
23    a locality where the preapprenticeship training program is
24    sited.
25    (d-5) Priority shall be given to Climate Works Hubs that
26have an agreement with North American Building Trades Unions

 

 

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1(NABTU) to utilize the Multi-Craft Core Curriculum or
2successor curriculums.
3    (e) Funding for the Program is subject to appropriation
4from the Energy Transition Assistance Fund.
5    (f) The Department shall adopt any rules deemed necessary
6to implement this Section.
7(Source: P.A. 102-662, eff. 9-15-21.)
 
8    Section 10. The Public Utilities Act is amended by
9changing Sections 5-117 and 16-108.30 and by adding Section
1016-111.11 as follows:
 
11    (220 ILCS 5/5-117)
12    Sec. 5-117. Supplier diversity goals.
13    (a) The public policy of this State is to collaboratively
14work with companies that serve Illinois residents to improve
15their supplier diversity in a non-antagonistic manner.
16    (b) The Commission shall require all gas, electric, and
17water utilities companies with at least 100,000 customers
18under its authority, as well as suppliers of wind energy,
19solar energy, hydroelectricity, nuclear energy, and any other
20supplier of energy within this State, to submit an annual
21report by April 15, 2015 and every April 15 thereafter, in a
22searchable Adobe PDF format, on all procurement goals and
23actual spending for female-owned, minority-owned,
24veteran-owned, and small business enterprises in the previous

 

 

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1calendar year. These goals shall be expressed as a percentage
2of the total work performed by the entity submitting the
3report, and the actual spending for all female-owned,
4minority-owned, veteran-owned, and small business enterprises
5shall also be expressed as a percentage of the total work
6performed by the entity submitting the report.
7    (c) Each participating company in its annual report shall
8include the following information:
9        (1) an explanation of the plan for the next year to
10    increase participation;
11        (2) an explanation of the plan to increase the goals;
12        (3) the areas of procurement each company shall be
13    actively seeking more participation in the next year;
14        (3.5) a buying plan for the specific goods and
15    services the company intends to buy in the next 6 to 18
16    months, including any procurement codes used by the
17    company, to assist entrepreneurs and diverse companies to
18    understand upcoming opportunities to work with the
19    company;
20        (4) an outline of the plan to alert and encourage
21    potential vendors in that area to seek business from the
22    company;
23        (5) an explanation of the challenges faced in finding
24    quality vendors and offer any suggestions for what the
25    Commission could do to be helpful to identify those
26    vendors;

 

 

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1        (6) a list of the certifications the company
2    recognizes;
3        (7) the point of contact for any potential vendor who
4    wishes to do business with the company and explain the
5    process for a vendor to enroll with the company as a
6    minority-owned, women-owned, or veteran-owned company; and
7        (8) any particular success stories to encourage other
8    companies to emulate best practices.
9    (d) Each annual report shall include as much
10State-specific data as possible. If the submitting entity does
11not submit State-specific data, then the company shall include
12any national data it does have and explain why it could not
13submit State-specific data and how it intends to do so in
14future reports, if possible.
15    (e) Each annual report shall include the rules,
16regulations, and definitions used for the procurement goals in
17the company's annual report.
18    (f) The Commission and all participating entities shall
19hold an annual workshop open to the public in 2015 and every
20year thereafter on the state of supplier diversity to
21collaboratively seek solutions to structural impediments to
22achieving stated goals, including testimony from each
23participating entity as well as subject matter experts and
24advocates. The Commission shall publish a database on its
25website of the point of contact for each participating entity
26for supplier diversity, along with a list of certifications

 

 

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1each company recognizes from the information submitted in each
2annual report. The Commission shall publish each annual report
3on its website and shall maintain each annual report for at
4least 5 years.
5(Source: P.A. 102-558, eff. 8-20-21; 102-662, eff. 9-15-21;
6102-673, eff. 11-30-21.)
 
7    (220 ILCS 5/16-108.30)
8    Sec. 16-108.30. Energy Transition Assistance Fund.
9    (a) The Energy Transition Assistance Fund is hereby
10created as a special fund in the State Treasury. The Energy
11Transition Assistance Fund is authorized to receive moneys
12collected pursuant to this Section. Subject to appropriation,
13the Department of Commerce and Economic Opportunity shall use
14moneys from the Energy Transition Assistance Fund consistent
15with the purposes of this Act.
16    (b) An electric utility serving more than 500,000
17customers in the State shall assess an energy transition
18assistance charge on all its retail customers for the Energy
19Transition Assistance Fund. The utility's total charge shall
20be set based upon the value determined by the Department of
21Commerce and Economic Opportunity pursuant to subsection (d)
22or (e), as applicable, of Section 605-1075 of the Department
23of Commerce and Economic Opportunity Law of the Civil
24Administrative Code of Illinois. For each utility, the charge
25shall be recovered through a single, uniform cents per

 

 

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1kilowatt-hour charge applicable to all retail customers. For
2each utility, the charge shall not exceed 1.3% of the amount
3paid per kilowatthour by eligible retail those customers
4during the year ending May 31, 2009.
5    (c) Within 75 days of the effective date of this
6amendatory Act of the 102nd General Assembly, each electric
7utility serving more than 500,000 customers in the State shall
8file with the Illinois Commerce Commission tariffs
9incorporating the energy transition assistance charge in other
10charges stated in such tariffs, which energy transition
11assistance charges shall become effective no later than the
12beginning of the first billing cycle that begins on or after
13January 1, 2022. Each electric utility serving more than
14500,000 customers in the State shall, prior to the beginning
15of each calendar year starting with calendar year 2023, file
16with the Illinois Commerce Commission tariff revisions to
17incorporate annual revisions to the energy transition
18assistance charge as prescribed by the Department of Commerce
19and Economic Opportunity pursuant to Section 605-1075 of the
20Department of Commerce and Economic Opportunity Law of the
21Civil Administrative Code of Illinois so that such revision
22becomes effective no later than the beginning of the first
23billing cycle in each respective year.
24    (d) The energy transition assistance charge shall be
25considered a charge for public utility service.
26    (e) By the 20th day of the month following the month in

 

 

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1which the charges imposed by this Section were collected, each
2electric utility serving more than 500,000 customers in the
3State shall remit to Department of Revenue all moneys received
4as payment of the energy transition assistance charge on a
5return prescribed and furnished by the Department of Revenue
6showing such information as the Department of Revenue may
7reasonably require. If a customer makes a partial payment, a
8public utility may apply such partial payments first to
9amounts owed to the utility. No customer may be subjected to
10disconnection of his or her utility service for failure to pay
11the energy transition assistance charge.
12    If any payment provided for in this subsection exceeds the
13electric utility's liabilities under this Act, as shown on an
14original return, the Department may authorize the electric
15utility to credit such excess payment against liability
16subsequently to be remitted to the Department under this Act,
17in accordance with reasonable rules adopted by the Department.
18    All the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e,
195f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13
20of the Retailers' Occupation Tax Act that are not inconsistent
21with this Act apply, as far as practicable, to the charge
22imposed by this Act to the same extent as if those provisions
23were included in this Act. References in the incorporated
24Sections of the Retailers' Occupation Tax Act to retailers, to
25sellers, or to persons engaged in the business of selling
26tangible personal property mean persons required to remit the

 

 

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1charge imposed under this Act.
2    (f) The Department of Revenue shall deposit into the
3Energy Transition Assistance Fund all moneys remitted to it in
4accordance with this Section.
5    (g) The Department of Revenue may establish such rules as
6it deems necessary to implement this Section.
7    (h) The Department of Commerce and Economic Opportunity
8may establish such rules as it deems necessary to implement
9this Section.
10(Source: P.A. 102-662, eff. 9-15-21.)
 
11    (220 ILCS 5/16-111.11 new)
12    Sec. 16-111.11. Supplier diversity reporting for
13non-utilities.
14    (a) The following entities shall submit an annual supplier
15diversity report to the Commission for a given year:
16        (1) entities that received a contract to provide more
17    than 10,000 renewable energy credits approved by the
18    Commission in a given year pursuant to subparagraph (iii)
19    of paragraph (5) of subsection (b) of Section 16-111.5;
20        (2) entities that received a contract to provide more
21    than 10,000 renewable energy credits approved by the
22    Commission in a given year pursuant to subsection (e) of
23    Section 16-111.5;
24        (3) alternative retail electric suppliers that have
25    yearly sales in the State of 1,000,000,000 kilowatt hours

 

 

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1    or more, and alternative gas suppliers as defined in
2    Section 19-105 that have yearly sales in the State of
3    1,000,000 dekatherms or more;
4        (4) entities constructing or operating an HVDC
5    transmission line as defined in Section 1-10 of the
6    Illinois Power Agency Act or entities constructing or
7    operating transmission facilities under a certificate of
8    public convenience and necessity issued pursuant to
9    subsection (b-5) of Section 8-406;
10        (5) entities installing more than 100 energy
11    efficiency measures with a certificate approved by the
12    Commission pursuant to Section 16-128B; and
13        (6) other suppliers of electricity generated from any
14    resource, including, but not limited to, hydro, nuclear,
15    coal, natural gas, and any other supplier of energy within
16    this State.
17    (b) An annual report filed pursuant to this Section shall
18be filed on an electronic form as designed by the Commission by
19June 1, 2023 and every June 1 thereafter, in a searchable Adobe
20PDF format, on all procurement goals and actual spending for
21women-owned businesses, minority-owned businesses,
22veteran-owned businesses, and small business enterprises in
23the previous calendar year related to the performance of
24obligations in the State of the contracts of licenses listed
25in subsection (a). These goals shall be expressed as a
26percentage of the total work performed by the entity

 

 

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1submitting the report. The actual spending for all women-owned
2businesses, minority-owned businesses, veteran-owned
3businesses, and small business enterprises shall also be
4expressed as a percentage of the total work performed by the
5entity submitting the report. Notwithstanding any provision of
6law to the contrary, any entity with obligations related to
7equity eligible actions pursuant to the Illinois Power Agency
8Act may express such goals and spending in those terms.
9    Each participating entity in its annual report shall
10include the following information related to the entity's
11operations in the State related to the certificates or
12activities listed in subsection (a):
13        (1) an explanation of the plan for the next year to
14    increase participation;
15        (2) an explanation of the plan to increase the goals;
16        (3) the areas of procurement each entity shall be
17    actively seeking more participation in the next year;
18        (4) an outline of the plan to alert and encourage
19    potential vendors in that area to seek business from the
20    entity;
21        (5) an explanation of the challenges faced in finding
22    quality vendors and offer any suggestions for what the
23    Commission could do to be helpful to identify those
24    vendors;
25        (6) a list of the certifications the entity
26    recognizes;

 

 

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1        (7) the point of contact for any potential vendor who
2    wants to do business with the entity and explain the
3    process for a vendor to enroll with the company as a
4    minority-owned, women-owned, or veteran-owned company; and
5        (8) any particular success stories to encourage other
6    entities to emulate best practices.
7    (c) Each annual report shall include as much
8State-specific data as possible. If the submitting entity does
9not submit State-specific data, then the entity shall include
10any national data it does have and explain why it could not
11submit State-specific data and how it intends to do so in
12future reports.
13    (d) Each annual report shall include the rules,
14regulations, and definitions used for the procurement goals in
15the entity's annual report.
16    (e) Each annual report filed or submitted under this
17Section shall be submitted with the Commission. The Commission
18shall not be required or authorized to compel production of
19any report under this Section. The Commission shall hold an
20annual workshop open to the public in 2024 and every year
21thereafter on the state of supplier diversity to
22collaboratively seek solutions to structural impediments to
23achieving stated goals, including testimony from participating
24entities as well as subject matter experts and advocates in a
25non-antagonistic manner. The Commission shall invite all
26entities submitting a report pursuant to this Section. The

 

 

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1Commission shall publish a database on its website of the
2point of contact for each participating entity for supplier
3diversity, along with a list of certifications each company
4recognizes from the information submitted in each annual
5report. The Commission shall publish each annual report on its
6website and shall maintain each annual report for at least 5
7years.