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

SB3866sam002 102ND GENERAL ASSEMBLY

Sen. Napoleon Harris, III

Filed: 2/18/2022

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3866

2    AMENDMENT NO. ______. Amend Senate Bill 3866, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Energy Transition Act is amended by
6changing Section 5-40 as follows:
 
7    (20 ILCS 730/5-40)
8    (Section scheduled to be repealed on September 15, 2045)
9    Sec. 5-40. Illinois Climate Works Preapprenticeship
10Program.
11    (a) Subject to appropriation, the Department shall
12develop, and through Regional Administrators administer, the
13Illinois Climate Works Preapprenticeship Program. The goal of
14the Illinois Climate Works Preapprenticeship Program is to
15create a network of hubs throughout the State that will
16recruit, prescreen, and provide preapprenticeship skills

 

 

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

 

 

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

 

 

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1    opportunities and certifications relevant to clean energy
2    jobs in the construction and building trades; and
3        (3) provide preapprentices with stipends not less than
4    the State minimum wage unless a higher wage is required by
5    a locality where the preapprenticeship training program is
6    sited.
7    (d-5) Priority shall be given to Climate Works Hubs that
8have an agreement with North American Building Trades Unions
9(NABTU) to utilize the Multi-Craft Core Curriculum or
10successor curriculums.
11    (e) Funding for the Program is subject to appropriation
12from the Energy Transition Assistance Fund.
13    (f) The Department shall adopt any rules deemed necessary
14to implement this Section.
15(Source: P.A. 102-662, eff. 9-15-21.)
 
16    Section 10. The Public Utilities Act is amended by
17changing Sections 5-117 and 16-108.30 and by adding Section
1816-111.11 as follows:
 
19    (220 ILCS 5/5-117)
20    Sec. 5-117. Supplier diversity goals.
21    (a) The public policy of this State is to collaboratively
22work with companies that serve Illinois residents to improve
23their supplier diversity in a non-antagonistic manner.
24    (b) The Commission shall require all gas, electric, and

 

 

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1water utilities companies with at least 100,000 customers
2under its authority, as well as suppliers of wind energy,
3solar energy, hydroelectricity, nuclear energy, and any other
4supplier of energy within this State, to submit an annual
5report by April 15, 2015 and every April 15 thereafter, in a
6searchable Adobe PDF format, on all procurement goals and
7actual spending for female-owned, minority-owned,
8veteran-owned, and small business enterprises in the previous
9calendar year. These goals shall be expressed as a percentage
10of the total work performed by the entity submitting the
11report, and the actual spending for all female-owned,
12minority-owned, veteran-owned, and small business enterprises
13shall also be expressed as a percentage of the total work
14performed by the entity submitting the report.
15    (c) Each participating company in its annual report shall
16include the following information:
17        (1) an explanation of the plan for the next year to
18    increase participation;
19        (2) an explanation of the plan to increase the goals;
20        (3) the areas of procurement each company shall be
21    actively seeking more participation in the next year;
22        (3.5) a buying plan for the specific goods and
23    services the company intends to buy in the next 6 to 18
24    months, including any procurement codes used by the
25    company, to assist entrepreneurs and diverse companies to
26    understand upcoming opportunities to work with the

 

 

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

 

 

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1hold an annual workshop open to the public in 2015 and every
2year thereafter on the state of supplier diversity to
3collaboratively seek solutions to structural impediments to
4achieving stated goals, including testimony from each
5participating entity as well as subject matter experts and
6advocates. The Commission shall publish a database on its
7website of the point of contact for each participating entity
8for supplier diversity, along with a list of certifications
9each company recognizes from the information submitted in each
10annual report. The Commission shall publish each annual report
11on its website and shall maintain each annual report for at
12least 5 years.
13(Source: P.A. 102-558, eff. 8-20-21; 102-662, eff. 9-15-21;
14102-673, eff. 11-30-21.)
 
15    (220 ILCS 5/16-108.30)
16    Sec. 16-108.30. Energy Transition Assistance Fund.
17    (a) The Energy Transition Assistance Fund is hereby
18created as a special fund in the State Treasury. The Energy
19Transition Assistance Fund is authorized to receive moneys
20collected pursuant to this Section. Subject to appropriation,
21the Department of Commerce and Economic Opportunity shall use
22moneys from the Energy Transition Assistance Fund consistent
23with the purposes of this Act.
24    (b) An electric utility serving more than 500,000
25customers in the State shall assess an energy transition

 

 

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1assistance charge on all its retail customers for the Energy
2Transition Assistance Fund. The utility's total charge shall
3be set based upon the value determined by the Department of
4Commerce and Economic Opportunity pursuant to subsection (d)
5or (e), as applicable, of Section 605-1075 of the Department
6of Commerce and Economic Opportunity Law of the Civil
7Administrative Code of Illinois. For each utility, the charge
8shall be recovered through a single, uniform cents per
9kilowatt-hour charge applicable to all retail customers. For
10each utility, the charge shall not exceed 1.3% of the amount
11paid per kilowatthour by eligible retail those customers
12during the year ending May 31, 2009.
13    (c) Within 75 days of the effective date of this
14amendatory Act of the 102nd General Assembly, each electric
15utility serving more than 500,000 customers in the State shall
16file with the Illinois Commerce Commission tariffs
17incorporating the energy transition assistance charge in other
18charges stated in such tariffs, which energy transition
19assistance charges shall become effective no later than the
20beginning of the first billing cycle that begins on or after
21January 1, 2022. Each electric utility serving more than
22500,000 customers in the State shall, prior to the beginning
23of each calendar year starting with calendar year 2023, file
24with the Illinois Commerce Commission tariff revisions to
25incorporate annual revisions to the energy transition
26assistance charge as prescribed by the Department of Commerce

 

 

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

 

 

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15f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13
2of the Retailers' Occupation Tax Act that are not inconsistent
3with this Act apply, as far as practicable, to the charge
4imposed by this Act to the same extent as if those provisions
5were included in this Act. References in the incorporated
6Sections of the Retailers' Occupation Tax Act to retailers, to
7sellers, or to persons engaged in the business of selling
8tangible personal property mean persons required to remit the
9charge imposed under this Act.
10    (f) The Department of Revenue shall deposit into the
11Energy Transition Assistance Fund all moneys remitted to it in
12accordance with this Section.
13    (g) The Department of Revenue may establish such rules as
14it deems necessary to implement this Section.
15    (h) The Department of Commerce and Economic Opportunity
16may establish such rules as it deems necessary to implement
17this Section.
18(Source: P.A. 102-662, eff. 9-15-21.)
 
19    (220 ILCS 5/16-111.11 new)
20    Sec. 16-111.11. Supplier diversity reporting for
21non-utilities.
22    (a) The following entities shall submit an annual supplier
23diversity report to the Commission for a given year:
24        (1) entities that received a contract to provide more
25    than 10,000 renewable energy credits approved by the

 

 

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

 

 

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

 

 

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

 

 

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1any report under this Section. The Commission shall hold an
2annual workshop open to the public in 2024 and every year
3thereafter on the state of supplier diversity to
4collaboratively seek solutions to structural impediments to
5achieving stated goals, including testimony from participating
6entities as well as subject matter experts and advocates in a
7non-antagonistic manner. The Commission shall invite all
8entities submitting a report pursuant to this Section. The
9Commission shall publish a database on its website of the
10point of contact for each participating entity for supplier
11diversity, along with a list of certifications each company
12recognizes from the information submitted in each annual
13report. The Commission shall publish each annual report on its
14website and shall maintain each annual report for at least 5
15years.".