(805 ILCS 155/20-20)

(Section scheduled to be repealed on September 15, 2045)

Sec. 20-20. Board of Directors.

(a) The Fund shall be managed by, and its powers, functions, and duties shall be exercised through, a Board to be composed of 11 members. The initial members of the Board shall be appointed by the Governor with the advice and consent of the Senate within 60 days after the effective date of this Act. Members of the Board shall be broadly representative of the communities that the Fund is designed to serve. Of such members:

(1) at least one member shall be selected from each of the following geographic regions in the State: northeast, northwest, central, and southern;

(2) at least 2 members shall have experience in providing energy-related services to low-income, environmental justice, or BIPOC communities;

(3) at least one member shall own or be employed by an MBE or BIPOC-owned business focused on the deployment of clean energy;

(4) at least one member shall be a policy or implementation expert in serving low-income, environmental justice or BIPOC communities or individuals, including environmental justice communities, BIPOC communities, formerly convicted persons, persons who are or were in the child welfare system, displaced energy workers, gender nonconforming and transgender individuals, or youth; and

(5) at least one member shall be from a community-based organization with a specific mission to support racially and socioeconomically diverse environmental justice communities.

(a-5) The terms of the initial members of the Board shall be as follows:

(1) 5 members appointed and confirmed shall have initial 5-year terms;

(2) 3 members appointed and confirmed shall have initial 4-year terms; and

(3) 3 members appointed and confirmed shall have initial 3-year terms.

(b) Subsequent composition and terms.

(1) Except for the selection of the initial members of the Board for their initial terms under paragraph (1) of subsection (a) of this Section, the members of the Board shall be elected by the members of the Board.

(2) A member of the Board shall be disqualified from voting for any position on the Board for which such member is a candidate.

(3) All members elected pursuant to paragraph (2) of subsection (a) of this Section shall have a term of 5 years.

(c) The members of the Board shall be broadly representative of the communities that the Fund is designed to serve and shall collectively have expertise in environmental justice, energy efficiency, distributed renewable energy, workforce development, finance and investments, clean transportation, and climate resilience. Of such members:

(1) not fewer than 2 shall be selected from each of the following geographic regions in the State: northeast, northwest, central, and southern;

(2) not fewer than 2 shall be from an MBE or BIPOC-owned business focused on the deployment of clean energy;

(3) not fewer than 2 shall be from a community-based organization with a specific mission to support racially and socioeconomically diverse environmental justice communities; and

(4) not fewer than 2 shall be from an organization specializing in providing energy-related services to low-income, environmental justice, or BIPOC communities.

(5) Members of the Board can fulfill multiple criteria, such as representing the southern region and an MBE or BIPOC-owned business focused on the deployment of clean energy.

(d) No officer or employee of the State or any other level of government may be appointed or elected as a member of the Board.

(e) Seven members of the Board shall constitute a quorum.

(f) The Board shall adopt, and may amend, such bylaws as are necessary for the proper management and functioning of the Fund. Such bylaws shall include designation of officers of the Fund and the duties of such officers.

(g) No person who is an employee in any managerial or supervisory capacity, director, officer or agent or who is a member of the immediate family of any such employee, director, officer, or agent of any public utility is eligible to be a director. No director may hold any elective position, be a candidate for any elective position, be a State public official, be employed by the Illinois Commerce Commission, or be employed in a governmental position exempt from the Illinois Personnel Code.

(h) No director, nor member of his or her immediate family shall, either directly or indirectly, be employed for compensation as a staff member or consultant of the Fund.

(i) The Board shall hold regular meetings at least once every 3 months on such dates and at such places as it may determine. Meetings may be held by teleconference or videoconference. Special meetings may be called by the president or by a majority of the directors upon at least 7 days' advance written notice. The act of the majority of the directors, present at a meeting at which a quorum is present, shall be the act of the Board of Directors unless the act of a greater number is required by this Act or bylaws. A summary of the minutes of every Board meeting shall be made available to each public library in the State upon request and to individuals upon request. Board of Directors meeting minutes shall be posted on the Fund's website within 14 days after Board approval of the minutes.

(j) A director may not receive any compensation for his or her services but shall be reimbursed for necessary expenses, including travel expenses incurred in the discharge of duties. The Board shall establish standard allowances for mileage, room and meals and the purposes for which such allowances may be made and shall determine the reasonableness and necessity for such reimbursements.

(k) In the event of a vacancy on the Board, the Board of Directors shall appoint a temporary member, consistent with the requirements of the Board composition, to serve the remainder of the term for the vacant seat.

(l) The Board shall adopt rules for its own management and government, including bylaws and a conflict of interest policy.

(m) The Board of Directors of the Fund shall adopt written procedures for:

(1) adopting an annual budget and plan of operations, including a requirement of Board approval before the budget or plan may take effect;

(2) hiring, dismissing, promoting, and compensating employees of the Fund, including an affirmative action policy and a requirement of Board approval before a position may be created or a vacancy filled;

(3) acquiring real and personal property and personal services, including a requirement of Board approval for any non-budgeted expenditure in excess of $5,000;

(4) contracting for financial, legal, bond underwriting and other professional services, including requirements that the Fund (i) solicit proposals at least once every 3 years for each such service that it uses, and (ii) ensure equitable contracting with diverse suppliers;

(5) issuing and retiring bonds, bond anticipation notes, and other obligations of the Fund; and

(6) awarding loans, grants and other financial assistance, including (i) eligibility criteria, the application process and the role played by the Fund's staff and Board of Directors, and (ii) ensuring racial equity in the awarding of loans, grants, and other financial assistance.

(n) The Board shall develop a robust set of metrics to measure the degree to which the program is meeting the purposes set forth in Section 20-5 of this Act, and especially measuring adherence to the racial equity purposes set forth there, and a reporting format and schedule to be adhered to by the Fund officers and staff. These metrics and reports shall be posted quarterly on the Fund's website.

(o) The Board of Directors has the responsibility to make program adjustments necessary to ensure that the Clean Energy Jobs and Justice Fund is meeting the purposes set forth in this Act. Fund officers and staff and the Board of Directors are responsible for ensuring capital providers and Fund officers and staff, partners, and financial institutions are held to state and federal standards for ethics and predatory lending practices and shall immediately remove any offending products and sponsoring organizations from Fund participation.

(p) The Board shall issue annually a report reviewing the activities of the Fund in detail and shall provide a copy of such report to the joint standing committees of the General Assembly having cognizance of matters relating to energy and commerce. The report shall be published on the Fund's website within 3 days after its submission to the General Assembly.

(Source: P.A. 102-662, eff. 9-15-21.)