HB4165 103RD GENERAL ASSEMBLY

LRB103 34567 LNS 64404 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4165

Introduced , by Rep. Eva-Dina Delgado

SYNOPSIS AS INTRODUCED:

220 ILCS 5/5-117

Amends the Public Utilities Act. Requires all entities that receive renewable energy credits through the Illinois Power Agency for renewable energy credit projects to submit an annual report by April 15 on all procurement goals and actual spending for female-owned, minority-owned, veteran-owned, and small business enterprises in the previous calendar year. Requires the goals to be expressed as a percentage of the total work performed by the entity submitting the report, and the actual spending for all female-owned, minority-owned, veteran-owned, and small business enterprises shall also be expressed as a percentage of the total work performed by the entity submitting the report.

A BILL FOR

AN ACT concerning utilities.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Public Utilities Act is amended by changing Section 5-117 as follows:

(220 ILCS 5/5-117)

Sec. 5-117. Supplier diversity goals.

(a) The public policy of this State is to collaboratively work with companies that serve Illinois residents to improve their supplier diversity in a non-antagonistic manner.

(b) The Commission shall require all gas, electric, and water utilities with at least 100,000 customers under its authority and all entities that receive renewable energy credits through the Illinois Power Agency for renewable energy credit projects to submit an annual report by April 15, 2015 and every April 15 thereafter, in a searchable Adobe PDF format, on all procurement goals and actual spending for female-owned, minority-owned, veteran-owned, and small business enterprises in the previous calendar year. These goals shall be expressed as a percentage of the total work performed by the entity submitting the report, and the actual spending for all female-owned, minority-owned, veteran-owned, and small business enterprises shall also be expressed as a percentage of the total work performed by the entity submitting the report.

(c) Each participating company or entity in its annual report shall include the following information:

(1) an explanation of the plan for the next year to increase participation;

(2) an explanation of the plan to increase the goals;

(3) the areas of procurement each company or entity shall be actively seeking more participation in the next year;

(3.5) a buying plan for the specific goods and services the company or entity intends to buy in the next 6 to 18 months, that is either (i) organized by and reported at the level of each applicable North American Industry Classification System code, (ii) provided using a method, system, or description similar to the North American Industry Classification System, or (iii) provided using the major categories of goods and related services utilized in the company's or entity's procurement system, and including any procurement codes used by the company or entity, to assist entrepreneurs and diverse companies or entities to understand upcoming opportunities to work with the company or entity, however, a utility shall not be required to include commercially-sensitive data, nonpublic procurement information, or other information that could compromise a utility's ability to negotiate the most advantageous price or terms;

(4) an outline of the plan to alert and encourage potential vendors in that area to seek business from the company or entity;

(5) an explanation of the challenges faced in finding quality vendors and offer any suggestions for what the Commission could do to be helpful to identify those vendors;

(6) a list of the certifications the company or entity recognizes;

(7) the point of contact for any potential vendor who wishes to do business with the company or entity and explain the process for a vendor to enroll with the company or entity as a minority-owned, women-owned, or veteran-owned company or entity; and

(8) any particular success stories to encourage other companies or entities to emulate best practices.

(d) Each annual report shall include as much State-specific data as possible. If the submitting entity does not submit State-specific data, then the company or entity shall include any national data it does have and explain why it could not submit State-specific data and how it intends to do so in future reports, if possible.

(e) Each annual report shall include the rules, regulations, and definitions used for the procurement goals in the company's or entity's annual report.

(f) The Commission and all participating entities shall hold an annual workshop open to the public in 2015 and every year thereafter on the state of supplier diversity to collaboratively seek solutions to structural impediments to achieving stated goals, including testimony from each participating entity as well as subject matter experts and advocates. The Commission shall publish a database on its website of the point of contact for each participating entity for supplier diversity, along with a list of certifications each company or entity recognizes from the information submitted in each annual report. The Commission shall publish each annual report on its website and shall maintain each annual report for at least 5 years.

(Source: P.A. 102-558, eff. 8-20-21; 102-662, eff. 9-15-21; 102-673, eff. 11-30-21; 102-1031, eff. 5-27-22.)