Full Text of HB5005 103rd General Assembly
HB5005sam003 103RD GENERAL ASSEMBLY | Sen. Steve Stadelman Filed: 5/26/2024 | | 10300HB5005sam003 | | LRB103 37016 SPS 74256 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5005
| 2 | | AMENDMENT NO. ______. Amend House Bill 5005, AS AMENDED, | 3 | | with reference to page and line numbers of Senate Amendment | 4 | | No. 2, on page 70, immediately below line 2 by inserting the | 5 | | following: | 6 | | "Section 17. The Energy Transition Act is amended by | 7 | | changing Sections 5-20 and 5-45 as follows: | 8 | | "(20 ILCS 730/5-20) | 9 | | (Section scheduled to be repealed on September 15, 2045) | 10 | | Sec. 5-20. Clean Jobs Workforce Network Program. | 11 | | (a) As used in this Section, "Program" means the Clean | 12 | | Jobs Workforce Network Program. | 13 | | (b) Subject to appropriation, the Department shall develop | 14 | | and, through Regional Administrators, administer the Clean | 15 | | Jobs Workforce Network Program to create a network of 14 13 | 16 | | Program delivery Hub Sites with program elements delivered by |
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| 1 | | community-based organizations and their subcontractors | 2 | | geographically distributed across the State including at least | 3 | | one Hub Site located in or near each of the following areas: | 4 | | Chicago (South Side), Chicago (Southwest and West Sides), | 5 | | Waukegan, Rockford, Aurora, Joliet, Peoria, Champaign, | 6 | | Danville, Decatur, Carbondale, East St. Louis, Kankakee, and | 7 | | Alton. | 8 | | (c) In admitting program participants, for each workforce | 9 | | Hub Site, the Regional Administrators shall: | 10 | | (1) in each Hub Site where the applicant pool allows: | 11 | | (A) dedicate at least one-third of program | 12 | | placements to applicants who reside in a geographic | 13 | | area that is impacted by economic and environmental | 14 | | challenges, defined as an area that is both (i) an R3 | 15 | | Area, as defined pursuant to Section 10-40 of the | 16 | | Cannabis Regulation and Tax Act, and (ii) an | 17 | | environmental justice community, as defined by the | 18 | | Illinois Power Agency, excluding any racial or ethnic | 19 | | indicators used by the agency unless and until the | 20 | | constitutional basis for their inclusion in | 21 | | determining program admissions is established. Among | 22 | | applicants that satisfy these criteria, preference | 23 | | shall be given to applicants who face barriers to | 24 | | employment, such as low educational attainment, prior | 25 | | involvement with the criminal legal system, and | 26 | | language barriers; and applicants that are graduates |
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| 1 | | of or currently enrolled in the foster care system; | 2 | | and | 3 | | (B) dedicate at least two-thirds of program | 4 | | placements to applicants that satisfy the criteria in | 5 | | paragraph (1) or who reside in a geographic area that | 6 | | is impacted by economic or environmental challenges, | 7 | | defined as an area that is either (i) an R3 Area, as | 8 | | defined pursuant to Section 10-40 of the Cannabis | 9 | | Regulation and Tax Act, or (ii) an environmental | 10 | | justice community, as defined by the Illinois Power | 11 | | Agency, excluding any racial or ethnic indicators used | 12 | | by the agency unless and until the constitutional | 13 | | basis for their inclusion in determining program | 14 | | admissions is established. Among applicants that | 15 | | satisfy these criteria, preference shall be given to | 16 | | applicants who face barriers to employment, such as | 17 | | low educational attainment, prior involvement with the | 18 | | criminal legal system, and language barriers; and | 19 | | applicants that are graduates of or currently enrolled | 20 | | in the foster care system; and | 21 | | (2) prioritize the remaining program placements for: | 22 | | applicants who are displaced energy workers as defined in | 23 | | the Energy Community Reinvestment Act; persons who face | 24 | | barriers to employment, including low educational | 25 | | attainment, prior involvement with the criminal legal | 26 | | system, and language barriers; and applicants who are |
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| 1 | | graduates of or currently enrolled in the foster care | 2 | | system, regardless of the applicant's area of residence. | 3 | | The Department and Regional Administrators shall protect | 4 | | the confidentiality of any personal information provided by | 5 | | program applicants regarding the applicant's status as a | 6 | | formerly incarcerated person or foster care recipient; | 7 | | however, the Department or Regional Administrators may publish | 8 | | aggregated data on the number of participants that were | 9 | | formerly incarcerated or foster care recipients so long as | 10 | | that publication protects the identities of those persons. | 11 | | Any person who applies to the program may elect not to | 12 | | share with the Department or Regional Administrators whether | 13 | | he or she is a graduate or currently enrolled in the foster | 14 | | care system or was formerly convicted. | 15 | | (d) Program elements for each Hub Site shall be provided | 16 | | by a community-based organization. The Department shall | 17 | | initially select a community-based organization in each Hub | 18 | | Site and shall subsequently select a community-based | 19 | | organization in each Hub Site every 3 years. Community-based | 20 | | organizations delivering program elements outlined in | 21 | | subsection (e) may provide all elements required or may | 22 | | subcontract to other entities for provision of portions of | 23 | | program elements, including, but not limited to, | 24 | | administrative soft and hard skills for program participants, | 25 | | delivery of specific training in the core curriculum, or | 26 | | provision of other support functions for program delivery |
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| 1 | | compliance. | 2 | | (e) The Clean Jobs Workforce Hubs Network shall: | 3 | | (1) coordinate with Energy Transition Navigators: (i) | 4 | | to increase participation in the Clean Jobs Workforce | 5 | | Network Program and clean energy and related sector | 6 | | workforce and training opportunities; (ii) coordinate | 7 | | recruitment, communications, and ongoing engagement with | 8 | | potential employers, including, but not limited to, | 9 | | activities such as job matchmaking initiatives, hosting | 10 | | events such as job fairs, and collaborating with other Hub | 11 | | Sites to identify and implement best practices for | 12 | | employer engagement; and (iii) leverage community-based | 13 | | organizations, educational institutions, and | 14 | | community-based and labor-based training providers to | 15 | | ensure program-eligible individuals across the State have | 16 | | dedicated and sustained support to enter and complete the | 17 | | career pipeline for clean energy and related sector jobs; | 18 | | (2) develop formal partnerships, including formal | 19 | | sector partnerships between community-based organizations | 20 | | and entities that provide clean energy jobs, including | 21 | | businesses, nonprofit organizations, and worker-owned | 22 | | cooperatives, to ensure that Program participants have | 23 | | priority access to employment training and hiring | 24 | | opportunities; and | 25 | | (3) implement the Clean Jobs Curriculum to provide, | 26 | | including, but not limited to, training, certification |
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| 1 | | preparation, job readiness, and skill development, | 2 | | including soft skills, math skills, technical skills, | 3 | | certification test preparation, and other development | 4 | | needed, to Program participants. | 5 | | (f) Funding for the Program is subject to appropriation | 6 | | from the Energy Transition Assistance Fund. | 7 | | (g) The Department shall require submission of quarterly | 8 | | reports, including program performance metrics by each Hub | 9 | | Site to the Regional Administrator of their Program Delivery | 10 | | Area. Program performance metrics include, but are not limited | 11 | | to: | 12 | | (1) demographic data, including racial, gender, | 13 | | residency in eligible communities, and geographic | 14 | | distribution data, on Program trainees entering and | 15 | | graduating the Program; | 16 | | (2) demographic data, including racial, gender, | 17 | | residency in eligible communities, and geographic | 18 | | distribution data, on Program trainees who are placed in | 19 | | employment, including the percentages of trainees by race, | 20 | | gender, and geographic categories in each individual job | 21 | | type or category and whether employment is union, | 22 | | nonunion, or nonunion via temporary agency; | 23 | | (3) trainee job acquisition and retention statistics, | 24 | | including the duration of employment (start and end dates | 25 | | of hires) by race, gender, and geography; | 26 | | (4) hourly wages, including hourly overtime pay rate, |
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| 1 | | and benefits of trainees placed into employment by race, | 2 | | gender, and geography; | 3 | | (5) percentage of jobs by race, gender, and geography | 4 | | held by Program trainees or graduates that are full-time | 5 | | equivalent positions, meaning that the position held is | 6 | | full-time, direct, and permanent based on 2,080 hours | 7 | | worked per year (paid directly by the employer, whose | 8 | | activities, schedule, and manner of work the employer | 9 | | controls, and receives pay and benefits in the same manner | 10 | | as permanent employees); and | 11 | | (6) qualitative data consisting of open-ended | 12 | | reporting on pertinent issues, including, but not limited | 13 | | to, qualitative descriptions accompanying metrics or | 14 | | identifying key successes and challenges. | 15 | | (h) Within 3 years after the effective date of this Act, | 16 | | the Department shall select an independent evaluator to review | 17 | | and prepare a report on the performance of the Program and | 18 | | Regional Administrators. | 19 | | (Source: P.A. 102-662, eff. 9-15-21.) | 20 | | (20 ILCS 730/5-45) | 21 | | (Section scheduled to be repealed on September 15, 2045) | 22 | | Sec. 5-45. Clean Energy Contractor Incubator Program. | 23 | | (a) As used in this Section, "community-based | 24 | | organization" means a nonprofit organization, including an | 25 | | accredited public college or university that: |
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| 1 | | (1) has a history of providing business-related | 2 | | assistance and knowledge to help entrepreneurs start, run, | 3 | | and grow their businesses; | 4 | | (2) has knowledge of construction and clean energy | 5 | | trades; | 6 | | (3) demonstrates relationships with local residents | 7 | | and other organizations serving the community; and | 8 | | (4) demonstrates the ability to effectively serve | 9 | | diverse and underrepresented populations. | 10 | | (b) Subject to appropriation, the Department shall | 11 | | develop, and through the Regional Administrators, administer | 12 | | the Clean Energy Contractor Incubator Program ("Program") to | 13 | | create a network of 14 13 Program delivery Hub Sites with | 14 | | program elements delivered by community-based organizations | 15 | | and their subcontractors geographically distributed across the | 16 | | State, including at least one Hub Site located in or near each | 17 | | of the following areas: Chicago (South Side), Chicago | 18 | | (Southwest and West Sides), Waukegan, Rockford, Aurora, | 19 | | Joliet, Peoria, Champaign, Danville, Decatur, Carbondale, East | 20 | | St. Louis, Kankakee, and Alton. | 21 | | (c) In admitting program participants, for each Contractor | 22 | | Incubator Hub Site the Regional Administrators shall: | 23 | | (1) in each Hub Site where the applicant pool allows: | 24 | | (A) dedicate at least one-third of program | 25 | | placements to the owners of clean energy contractor | 26 | | businesses and nonprofits who reside in a geographic |
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| 1 | | area that is impacted by economic and environmental | 2 | | challenges, defined as an area that is both (i) an R3 | 3 | | Area, as defined pursuant to Section 10-40 of the | 4 | | Cannabis Regulation and Tax Act, and (ii) an | 5 | | environmental justice community, as defined by the | 6 | | Illinois Power Agency, excluding any racial or ethnic | 7 | | indicators used by the agency unless and until the | 8 | | constitutional basis for their inclusion in | 9 | | determining program admissions is established. Among | 10 | | applicants that satisfy these criteria, preference | 11 | | shall be given to applicants who face barriers to | 12 | | employment, such as low educational attainment, prior | 13 | | involvement with the criminal legal system, and | 14 | | language barriers; and applicants that are graduates | 15 | | of or currently enrolled in the foster care system; | 16 | | and | 17 | | (B) dedicate at least two-thirds of program | 18 | | placements to the owners of clean energy contractor | 19 | | businesses and nonprofits that satisfy the criteria in | 20 | | paragraph (1) or who reside in eligible communities. | 21 | | Among applicants who live in eligible communities, | 22 | | preference shall be given to applicants who face | 23 | | barriers to employment, such as low educational | 24 | | attainment, prior involvement with the criminal legal | 25 | | system, and language barriers; and applicants that are | 26 | | graduates of or currently enrolled in the foster care |
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| 1 | | system; and | 2 | | (2) prioritize the remaining program placements for: | 3 | | applicants who are displaced energy workers as defined in | 4 | | the Energy Community Reinvestment Act; persons who face | 5 | | barriers to employment, including low educational | 6 | | attainment, prior involvement with the criminal legal | 7 | | system, and language barriers; and applicants who are | 8 | | graduates of or currently enrolled in the foster care | 9 | | system, regardless of the applicants' area of residence. | 10 | | Consideration shall also be given to any current or past | 11 | | participant in the Clean Jobs Workforce Network Program, | 12 | | Illinois Climate Works Preapprenticeship Program, or Returning | 13 | | Residents Clean Energy Jobs Training Program. | 14 | | The Department and Regional Administrators shall protect | 15 | | the confidentiality of any personal information provided by | 16 | | program applicants regarding the applicant's status as a | 17 | | formerly incarcerated person or foster care recipient; | 18 | | however, the Department or Regional Administrators may publish | 19 | | aggregated data on the number of participants that were | 20 | | formerly incarcerated or foster care recipients so long as | 21 | | that publication protects the identities of those persons. | 22 | | Any person who applies to the program may elect not to | 23 | | share with the Department or Regional Administrators whether | 24 | | he or she is a graduate or currently enrolled in the foster | 25 | | care system or was formerly convicted. | 26 | | (d) Program elements at each Hub Site shall be provided by |
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| 1 | | a local community-based organization. The Department shall | 2 | | initially select a community-based organization in each Hub | 3 | | Site and shall subsequently select a community-based | 4 | | organization in each Hub Site every 3 years. Community-based | 5 | | organizations delivering program elements outlined in | 6 | | subsection (e) may provide all elements required or may | 7 | | subcontract to other entities for provision of portions of | 8 | | program elements, including, but not limited to, | 9 | | administrative soft and hard skills for program participants, | 10 | | delivery of specific training in the core curriculum, or | 11 | | provision of other support functions for program delivery | 12 | | compliance. | 13 | | (e) The Clean Energy Contractor Incubator Program shall: | 14 | | (1) provide access to low-cost capital for small clean | 15 | | energy businesses and contractors; | 16 | | (2) provide support for obtaining financial assurance, | 17 | | including, but not limited to: bonding; back office | 18 | | services; insurance, permits, training and certifications; | 19 | | business planning; and low-interest loans; | 20 | | (3) train, mentor, and provide other support needed to | 21 | | allow participant contractors to: (i) build their | 22 | | businesses and connect to specific projects, (ii) register | 23 | | as approved vendors, (iii) engage in approved vendor | 24 | | subcontracting and qualified installer opportunities, (iv) | 25 | | develop partnering and networking skills, (v) compete for | 26 | | capital and other resources, and (vi) execute clean |
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| 1 | | energy-related project installations and subcontracts; | 2 | | (4) ensure that participant contractors, community | 3 | | partners, and potential contractor clients are aware of | 4 | | and engaged in the Program; | 5 | | (5) connect participant contractors with the | 6 | | Department of Labor for resources, training, and technical | 7 | | support on prevailing wage compliance; | 8 | | (6) provide recruitment and ongoing engagement with | 9 | | entities that hire contractors and subcontractors, | 10 | | programs providing renewable energy resource-related | 11 | | projects, incentive programs, and approved vendor and | 12 | | qualified installer opportunities, including, but not | 13 | | limited to, activities such as matchmaking, events, and | 14 | | collaborating with other Hub Sites. | 15 | | (f) Funding for the Program and independent evaluations as | 16 | | described in subsection (h) are subject to appropriation from | 17 | | the Energy Transition Assistance Fund. | 18 | | (g) The Department shall require submission of quarterly | 19 | | reports including program performance metrics by each Hub Site | 20 | | to the Regional Administrator of their Program Delivery Area. | 21 | | Program performance metrics include, but are not limited to: | 22 | | (1) demographic data including: race, gender, | 23 | | geographic location, R3 residency, Environmental Justice | 24 | | Community residency, foster care system participation, and | 25 | | justice-involvement for the owners of contractors | 26 | | applying, accepted into, and graduating from the Program; |
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| 1 | | (2) the number of projects completed by participant | 2 | | contractors, alone or in partnership, by race, gender, | 3 | | geographic location, R3 residency, Environmental Justice | 4 | | Community residency, foster care system participation, and | 5 | | justice-involvement for the owners of contractors; | 6 | | (3) the number of partnerships with participant | 7 | | contractors that are expected to result in contracts for | 8 | | work by the participant contractor, by race, gender, | 9 | | geographic location, R3 residency, Environmental Justice | 10 | | Community residency, foster care system participation, and | 11 | | justice-involvement for the owners of contractors; | 12 | | (4) changes in participant contractors' business | 13 | | revenue, by race, gender, geographic location, R3 | 14 | | residency, Environmental Justice Community residency, | 15 | | foster care system participation, and justice-involvement | 16 | | for the owners of contractors; | 17 | | (5) the number of new hires by participant | 18 | | contractors, by race, gender, geographic location, R3 | 19 | | residency, Environmental Justice Community residency, | 20 | | foster care system participation, and justice-involvement; | 21 | | (6) demographic data, including race, gender, | 22 | | geographic location, R3 residency, Environmental Justice | 23 | | Community residency, foster care system participation, and | 24 | | justice-involvement, and average wage data, for new hires | 25 | | by participant contractors; | 26 | | (7) certifications held by participant contractors, |
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| 1 | | and number of participants holding each certification, | 2 | | including, but not limited to, registration under the | 3 | | Business Enterprise for Minorities, Women, and Persons | 4 | | with Disabilities Act program and other programs intended | 5 | | to certify BIPOC entities; | 6 | | (8) the number of Program sessions attended by | 7 | | participant contractors, aggregated by race; and | 8 | | (9) indicators relevant for assessing the general | 9 | | financial health of participant contractors. | 10 | | (h) Within 3 years after the effective date of this Act, | 11 | | the Department shall select an independent evaluator to review | 12 | | and prepare a report on the performance of the Program and | 13 | | Regional Administrators. The report shall be posted publicly. | 14 | | (Source: P.A. 102-662, eff. 9-15-21.)"; and | 15 | | on page 232, immediately below line 6, by inserting the | 16 | | following: | 17 | | "Section 82. The Private Business and Vocational Schools | 18 | | Act of 2012 is amended by changing Section 30 as follows: | 19 | | (105 ILCS 426/30) | 20 | | Sec. 30. Exemptions. For purposes of this Act, the | 21 | | following shall not be considered to be a private business and | 22 | | vocational school: | 23 | | (1) Any institution devoted entirely to the teaching |
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| 1 | | of religion or theology. | 2 | | (2) Any in-service program of study and subject | 3 | | offered by an employer, provided that no tuition is | 4 | | charged and the instruction is offered only to employees | 5 | | of the employer. | 6 | | (3) Any educational institution that (A) enrolls a | 7 | | majority of its students in degree programs and has | 8 | | maintained an accredited status with a regional | 9 | | accrediting agency that is recognized by the U.S. | 10 | | Department of Education or (B) enrolls students in one or | 11 | | more bachelor-level programs, enrolls a majority of its | 12 | | students in degree programs, and is accredited by a | 13 | | national or regional accrediting agency that is recognized | 14 | | by the U.S. Department of Education or that (i) is | 15 | | regulated by the Board under the Private College Act or | 16 | | the Academic Degree Act or is exempt from such regulation | 17 | | under either the Private College Act or the Academic | 18 | | Degree Act solely for the reason that the educational | 19 | | institution was in operation on the effective date of | 20 | | either the Private College Act or the Academic Degree Act | 21 | | or (ii) is regulated by the State Board of Education. | 22 | | (4) Any institution and the franchisees of that | 23 | | institution that exclusively offer a program of study in | 24 | | income tax theory or return preparation at a total | 25 | | contract price of no more than $400, provided that the | 26 | | total annual enrollment of the institution for all such |
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| 1 | | courses of instruction exceeds 500 students and further | 2 | | provided that the total contract price for all instruction | 3 | | offered to a student in any one calendar year does not | 4 | | exceed $3,000. | 5 | | (5) Any person or organization selling mediated | 6 | | instruction products through a media, such as tapes, | 7 | | compact discs, digital video discs, or similar media, so | 8 | | long as the instruction is not intended to result in the | 9 | | acquisition of training for a specific employment field, | 10 | | is not intended to meet a qualification for licensure or | 11 | | certification in an employment field, or is not intended | 12 | | to provide credit that can be applied toward a certificate | 13 | | or degree program. | 14 | | (6) Schools with no physical presence in this State. | 15 | | Schools offering instruction or programs of study, but | 16 | | that have no physical presence in this State, are not | 17 | | required to receive Board approval. Such an institution | 18 | | must not be considered not to have a physical presence in | 19 | | this State unless it has received a written finding from | 20 | | the Board that it has no physical presence. In determining | 21 | | whether an institution has no physical presence, the Board | 22 | | shall require all of the following: | 23 | | (A) Evidence of authorization to operate in at | 24 | | least one other state and that the school is in good | 25 | | standing with that state's authorizing agency. | 26 | | (B) Evidence that the school has a means of |
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| 1 | | receiving and addressing student complaints in | 2 | | compliance with any federal or state requirements. | 3 | | (C) Evidence that the institution is providing no | 4 | | instruction in this State. | 5 | | (D) Evidence that the institution is not providing | 6 | | core academic support services, including, but not | 7 | | limited to, admissions, evaluation, assessment, | 8 | | registration, financial aid, academic scheduling, and | 9 | | faculty hiring and support in this State. | 10 | | (7) A school or program within a school that | 11 | | exclusively provides yoga instruction, yoga teacher | 12 | | training, or both. | 13 | | (8) Organizations that receive funding from the | 14 | | Department of Commerce and Economic Opportunity for | 15 | | workforce development preparation programs as provided for | 16 | | in the Energy Transition Act and the Illinois Works Jobs | 17 | | Program Act in which participants are not charged tuition. | 18 | | This paragraph does not include public institutions of | 19 | | higher education or private institutions of higher | 20 | | education, as defined in the Board of Higher Education | 21 | | Act, or community colleges, as defined in the Public | 22 | | Community College Act. For purposes of this paragraph, the | 23 | | Department of Commerce and Economic Opportunity shall | 24 | | provide the Board of Higher Education a complete list of | 25 | | all qualifying organizations under this paragraph on July | 26 | | 1 of each year. |
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| 1 | | (9) Labor organizations, as defined in Section 10 of | 2 | | the Collective Bargaining Freedom Act, that sponsor a | 3 | | United States Department of Labor registered | 4 | | apprenticeship program. | 5 | | (Source: P.A. 102-1046, eff. 6-7-22.)"; and | 6 | | on page 234, line 7, by replacing "law" with "law, except that | 7 | | Section 17 takes effect July 1, 2025". |
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