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

SB3866ham001 102ND GENERAL ASSEMBLY

Rep. Lawrence Walsh, Jr.

Filed: 3/18/2022

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3866

2    AMENDMENT NO. ______. Amend Senate Bill 3866 by replacing
3everything after the enacting clause with the following:
 
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7    (Section scheduled to be repealed on September 15, 2045)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

 

 

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1receive a stipend, to create a qualified, diverse pipeline of
2workers who are prepared for careers in the construction and
3building trades and clean energy jobs opportunities therein.
4Upon completion of the Illinois Climate Works
5Preapprenticeship Program, the candidates will be connected to
6and prepared to successfully complete an apprenticeship
7program.
8    (b) Each Climate Works Hub that receives funding from the
9Energy Transition Assistance Fund shall provide an annual
10report to the Illinois Works Review Panel by April 1 of each
11calendar year. The annual report shall include the following
12information:
13        (1) a description of the Climate Works Hub's
14    recruitment, screening, and training efforts, including a
15    description of training related to construction and
16    building trades opportunities in clean energy jobs;
17        (2) the number of individuals who apply to,
18    participate in, and complete the Climate Works Hub's
19    program, broken down by race, gender, age, and veteran
20    status;
21        (3) the number of the individuals referenced in
22    paragraph (2) of this subsection who are initially
23    accepted and placed into apprenticeship programs in the
24    construction and building trades; and
25        (4) the number of individuals referenced in paragraph
26    (2) of this subsection who remain in apprenticeship

 

 

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1    programs in the construction and building trades or have
2    become journeymen one calendar year after their placement,
3    as referenced in paragraph (3) of this subsection.
4    (c) Subject to appropriation, the Department shall provide
5funding to 3 Climate Works Hubs throughout the State,
6including one to the Illinois Department of Transportation
7Region 1, one to the Illinois Department of Transportation
8Regions 2 and 3, and one to the Illinois Department of
9Transportation Regions 4 and 5. Climate Works Hubs shall be
10awarded grants in multi-year increments not to exceed 36
11months with the opportunity for grant renewal and modification
12for subsequent years. The Department shall initially select a
13community-based provider in each region and shall subsequently
14select a community-based provider in each region every 3
15years.
16    (d) Each Climate Works Hub that receives funding from the
17Energy Transition Assistance Fund shall: The Climate Works
18Hubs shall recruit, prescreen, and provide preapprenticeship
19training to equity investment eligible persons. This training
20shall include information related to opportunities and
21certifications relevant to clean energy jobs in the
22construction and building trades.
23        (1) recruit, prescreen, and provide preapprenticeship
24    training to equity investment eligible persons;
25        (2) provide training information related to
26    opportunities and certifications relevant to clean energy

 

 

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1    jobs in the construction and building trades; and
2        (3) provide preapprentices with stipends not less than
3    the State minimum wage unless a higher wage is required by
4    a locality where the preapprenticeship training program is
5    sited.
6    (d-5) Priority shall be given to Climate Works Hubs that
7have an agreement with North American Building Trades Unions
8(NABTU) to utilize the Multi-Craft Core Curriculum or
9successor curriculums.
10    (e) Funding for the Program is subject to appropriation
11from the Energy Transition Assistance Fund.
12    (f) The Department shall adopt any rules deemed necessary
13to implement this Section.
14(Source: P.A. 102-662, eff. 9-15-21.)
 
15    Section 10. The Public Utilities Act is amended by
16changing Sections 5-117, 8-218, and 16-108.30 and by adding
17Section 16-111.11 as follows:
 
18    (220 ILCS 5/5-117)
19    Sec. 5-117. Supplier diversity goals.
20    (a) The public policy of this State is to collaboratively
21work with companies that serve Illinois residents to improve
22their supplier diversity in a non-antagonistic manner.
23    (b) The Commission shall require all gas, electric, and
24water utilities companies with at least 100,000 customers

 

 

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1under its authority, as well as suppliers of wind energy,
2solar energy, hydroelectricity, nuclear energy, and any other
3supplier of energy within this State, to submit an annual
4report by April 15, 2015 and every April 15 thereafter, in a
5searchable Adobe PDF format, on all procurement goals and
6actual spending for female-owned, minority-owned,
7veteran-owned, and small business enterprises in the previous
8calendar year. These goals shall be expressed as a percentage
9of the total work performed by the entity submitting the
10report, and the actual spending for all female-owned,
11minority-owned, veteran-owned, and small business enterprises
12shall also be expressed as a percentage of the total work
13performed by the entity submitting the report.
14    (c) Each participating company in its annual report shall
15include the following information:
16        (1) an explanation of the plan for the next year to
17    increase participation;
18        (2) an explanation of the plan to increase the goals;
19        (3) the areas of procurement each company shall be
20    actively seeking more participation in the next year;
21        (3.5) a buying plan for the specific goods and
22    services the company intends to buy in the next 6 to 18
23    months, including any procurement codes used by the
24    company, to assist entrepreneurs and diverse companies to
25    understand upcoming opportunities to work with the
26    company;

 

 

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1        (4) an outline of the plan to alert and encourage
2    potential vendors in that area to seek business from the
3    company;
4        (5) an explanation of the challenges faced in finding
5    quality vendors and offer any suggestions for what the
6    Commission could do to be helpful to identify those
7    vendors;
8        (6) a list of the certifications the company
9    recognizes;
10        (7) the point of contact for any potential vendor who
11    wishes to do business with the company and explain the
12    process for a vendor to enroll with the company as a
13    minority-owned, women-owned, or veteran-owned company; and
14        (8) any particular success stories to encourage other
15    companies to emulate best practices.
16    (d) Each annual report shall include as much
17State-specific data as possible. If the submitting entity does
18not submit State-specific data, then the company shall include
19any national data it does have and explain why it could not
20submit State-specific data and how it intends to do so in
21future reports, if possible.
22    (e) Each annual report shall include the rules,
23regulations, and definitions used for the procurement goals in
24the company's annual report.
25    (f) The Commission and all participating entities shall
26hold an annual workshop open to the public in 2015 and every

 

 

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1year thereafter on the state of supplier diversity to
2collaboratively seek solutions to structural impediments to
3achieving stated goals, including testimony from each
4participating entity as well as subject matter experts and
5advocates. The Commission shall publish a database on its
6website of the point of contact for each participating entity
7for supplier diversity, along with a list of certifications
8each company recognizes from the information submitted in each
9annual report. The Commission shall publish each annual report
10on its website and shall maintain each annual report for at
11least 5 years.
12(Source: P.A. 102-558, eff. 8-20-21; 102-662, eff. 9-15-21;
13102-673, eff. 11-30-21.)
 
14    (220 ILCS 5/8-218)
15    Sec. 8-218. Utility-scale pilot projects.
16    (a) Electric utilities serving greater than 500,000
17customers but less than 3,000,000 customers may propose, plan
18for, construct, install, control, own, manage, or operate up
19to 2 pilot projects consisting of utility-scale photovoltaic
20energy generation facilities. A pilot project may consist of
21photovoltaic energy generation facilities located on one or
22more sites and may be installed or constructed in phases.
23Energy storage facilities that are planned for, constructed,
24installed, controlled, owned, managed, or operated may be
25constructed in connection with the photovoltaic electricity

 

 

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1generation pilot projects.
2    (b) Pilot projects shall be sited in equity investment
3eligible communities in or near the towns of Peoria and East
4St. Louis and must result in economic benefits for the members
5of the communities in which the project will be located. The
6amount paid per pilot project with or without energy storage
7facilities cannot exceed $20,000,000. The electric utility's
8costs of planning for, constructing, installing, controlling,
9owning, managing, or operating the photovoltaic electricity
10generation facilities and energy storage facilities may be
11recovered, on a kilowatt hour basis, via an automatic
12adjustment clause tariff applicable to all retail customers,
13with the tariff to be approved by the Commission after
14opportunity for review, and with an annual reconciliation
15component; and for purposes of cost recovery, the photovoltaic
16electricity production facilities may be treated as regulatory
17assets, using the same ratemaking treatment in paragraph (1)
18of subsection (h) of Section 16-107.6 of this Act, provided:
19(1) the Commission shall have the authority to determine the
20reasonableness of the costs of the facilities, and (2) any
21monetary value of power and energy from the facilities shall
22be credited against the delivery services revenue requirement.
23    (c) Any electric utility seeking to propose, plan for,
24construct, install, control, own, manage, or operate a pilot
25project pursuant to this Section must commit to using a
26diverse and equitable workforce and a diverse set of

 

 

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1contractors, including minority-owned businesses,
2disadvantaged businesses, trade unions, graduates of any
3workforce training programs established by this amendatory Act
4of the 102nd General Assembly, and small businesses. An
5electric utility must comply with the equity commitment
6requirements in subsection (c-10) of Section 1-75 of the
7Illinois Power Agency Act. The electric utility must certify
8that not less than the prevailing wage will be paid to
9employees engaged in construction activities associated with
10the pilot project. The electric utility must file a project
11labor agreement, as defined in the Illinois Power Agency Act,
12with the Commission prior to constructing, installing,
13controlling, or owning a pilot project authorized by this
14Section.
15(Source: P.A. 102-662, eff. 9-15-21.)
 
16    (220 ILCS 5/16-108.30)
17    Sec. 16-108.30. Energy Transition Assistance Fund.
18    (a) The Energy Transition Assistance Fund is hereby
19created as a special fund in the State Treasury. The Energy
20Transition Assistance Fund is authorized to receive moneys
21collected pursuant to this Section. Subject to appropriation,
22the Department of Commerce and Economic Opportunity shall use
23moneys from the Energy Transition Assistance Fund consistent
24with the purposes of this Act.
25    (b) An electric utility serving more than 500,000

 

 

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1customers in the State shall assess an energy transition
2assistance charge on all its retail customers for the Energy
3Transition Assistance Fund. The utility's total charge shall
4be set based upon the value determined by the Department of
5Commerce and Economic Opportunity pursuant to subsection (d)
6or (e), as applicable, of Section 605-1075 of the Department
7of Commerce and Economic Opportunity Law of the Civil
8Administrative Code of Illinois. For each utility, the charge
9shall be recovered through a single, uniform cents per
10kilowatt-hour charge applicable to all retail customers. For
11each utility, the charge shall not exceed 1.3% of the amount
12paid per kilowatthour by eligible retail those customers
13during the year ending May 31, 2009.
14    (c) Within 75 days of the effective date of this
15amendatory Act of the 102nd General Assembly, each electric
16utility serving more than 500,000 customers in the State shall
17file with the Illinois Commerce Commission tariffs
18incorporating the energy transition assistance charge in other
19charges stated in such tariffs, which energy transition
20assistance charges shall become effective no later than the
21beginning of the first billing cycle that begins on or after
22January 1, 2022. Each electric utility serving more than
23500,000 customers in the State shall, prior to the beginning
24of each calendar year starting with calendar year 2023, file
25with the Illinois Commerce Commission tariff revisions to
26incorporate annual revisions to the energy transition

 

 

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1assistance charge as prescribed by the Department of Commerce
2and Economic Opportunity pursuant to Section 605-1075 of the
3Department of Commerce and Economic Opportunity Law of the
4Civil Administrative Code of Illinois so that such revision
5becomes effective no later than the beginning of the first
6billing cycle in each respective year.
7    (d) The energy transition assistance charge shall be
8considered a charge for public utility service.
9    (e) By the 20th day of the month following the month in
10which the charges imposed by this Section were collected, each
11electric utility serving more than 500,000 customers in the
12State shall remit to Department of Revenue all moneys received
13as payment of the energy transition assistance charge on a
14return prescribed and furnished by the Department of Revenue
15showing such information as the Department of Revenue may
16reasonably require. If a customer makes a partial payment, a
17public utility may apply such partial payments first to
18amounts owed to the utility. No customer may be subjected to
19disconnection of his or her utility service for failure to pay
20the energy transition assistance charge.
21    If any payment provided for in this subsection exceeds the
22electric utility's liabilities under this Act, as shown on an
23original return, the Department may authorize the electric
24utility to credit such excess payment against liability
25subsequently to be remitted to the Department under this Act,
26in accordance with reasonable rules adopted by the Department.

 

 

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1    All the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e,
25f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13
3of the Retailers' Occupation Tax Act that are not inconsistent
4with this Act apply, as far as practicable, to the charge
5imposed by this Act to the same extent as if those provisions
6were included in this Act. References in the incorporated
7Sections of the Retailers' Occupation Tax Act to retailers, to
8sellers, or to persons engaged in the business of selling
9tangible personal property mean persons required to remit the
10charge imposed under this Act.
11    (f) The Department of Revenue shall deposit into the
12Energy Transition Assistance Fund all moneys remitted to it in
13accordance with this Section.
14    (g) The Department of Revenue may establish such rules as
15it deems necessary to implement this Section.
16    (h) The Department of Commerce and Economic Opportunity
17may establish such rules as it deems necessary to implement
18this Section.
19(Source: P.A. 102-662, eff. 9-15-21.)
 
20    (220 ILCS 5/16-111.11 new)
21    Sec. 16-111.11. Supplier diversity reporting for
22non-utilities.
23    (a) The following entities shall submit an annual supplier
24diversity report to the Commission for a given year:
25        (1) entities that received a contract to provide more

 

 

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1    than 10,000 renewable energy credits approved by the
2    Commission in a given year pursuant to subparagraph (iii)
3    of paragraph (5) of subsection (b) of Section 16-111.5;
4        (2) entities that received a contract to provide more
5    than 10,000 renewable energy credits approved by the
6    Commission in a given year pursuant to subsection (e) of
7    Section 16-111.5;
8        (3) alternative retail electric suppliers that have
9    yearly sales in the State of 1,000,000,000 kilowatt hours
10    or more, and alternative gas suppliers as defined in
11    Section 19-105 that have yearly sales in the State of
12    1,000,000 dekatherms or more;
13        (4) entities constructing or operating an HVDC
14    transmission line as defined in Section 1-10 of the
15    Illinois Power Agency Act or entities constructing or
16    operating transmission facilities under a certificate of
17    public convenience and necessity issued pursuant to
18    subsection (b-5) of Section 8-406;
19        (5) entities installing more than 100 energy
20    efficiency measures with a certificate approved by the
21    Commission pursuant to Section 16-128B; and
22        (6) other suppliers of electricity generated from any
23    resource, including, but not limited to, hydro, nuclear,
24    coal, natural gas, and any other supplier of energy within
25    this State.
26    (b) An annual report filed pursuant to this Section shall

 

 

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1be filed on an electronic form as designed by the Commission by
2June 1, 2023 and every June 1 thereafter, in a searchable Adobe
3PDF format, on all procurement goals and actual spending for
4women-owned businesses, minority-owned businesses,
5veteran-owned businesses, and small business enterprises in
6the previous calendar year related to the performance of
7obligations in the State of the contracts of licenses listed
8in subsection (a). These goals shall be expressed as a
9percentage of the total work performed by the entity
10submitting the report. The actual spending for all women-owned
11businesses, minority-owned businesses, veteran-owned
12businesses, and small business enterprises shall also be
13expressed as a percentage of the total work performed by the
14entity submitting the report. Notwithstanding any provision of
15law to the contrary, any entity with obligations related to
16equity eligible actions pursuant to the Illinois Power Agency
17Act may express such goals and spending in those terms.
18    Each participating entity in its annual report shall
19include the following information related to the entity's
20operations in the State related to the certificates or
21activities listed in subsection (a):
22        (1) an explanation of the plan for the next year to
23    increase participation;
24        (2) an explanation of the plan to increase the goals;
25        (3) the areas of procurement each entity shall be
26    actively seeking more participation in the next year;

 

 

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1        (4) an outline of the plan to alert and encourage
2    potential vendors in that area to seek business from the
3    entity;
4        (5) an explanation of the challenges faced in finding
5    quality vendors and offer any suggestions for what the
6    Commission could do to be helpful to identify those
7    vendors;
8        (6) a list of the certifications the entity
9    recognizes;
10        (7) the point of contact for any potential vendor who
11    wants to do business with the entity and explain the
12    process for a vendor to enroll with the company as a
13    minority-owned, women-owned, or veteran-owned company; and
14        (8) any particular success stories to encourage other
15    entities to emulate best practices.
16    (c) Each annual report shall include as much
17State-specific data as possible. If the submitting entity does
18not submit State-specific data, then the entity shall include
19any national data it does have and explain why it could not
20submit State-specific data and how it intends to do so in
21future reports.
22    (d) Each annual report shall include the rules,
23regulations, and definitions used for the procurement goals in
24the entity's annual report.
25    (e) Each annual report filed or submitted under this
26Section shall be submitted with the Commission. The Commission

 

 

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1shall not be required or authorized to compel production of
2any report under this Section. The Commission shall hold an
3annual workshop open to the public in 2024 and every year
4thereafter on the state of supplier diversity to
5collaboratively seek solutions to structural impediments to
6achieving stated goals, including testimony from participating
7entities as well as subject matter experts and advocates in a
8non-antagonistic manner. The Commission shall invite all
9entities submitting a report pursuant to this Section. The
10Commission shall publish a database on its website of the
11point of contact for each participating entity for supplier
12diversity, along with a list of certifications each company
13recognizes from the information submitted in each annual
14report. The Commission shall publish each annual report on its
15website and shall maintain each annual report for at least 5
16years.".