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.


LRB103 34567 LNS 64404 b

 

 

A BILL FOR

 

HB4165LRB103 34567 LNS 64404 b

1    AN ACT concerning utilities.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by changing
5Section 5-117 as follows:
 
6    (220 ILCS 5/5-117)
7    Sec. 5-117. Supplier diversity goals.
8    (a) The public policy of this State is to collaboratively
9work with companies that serve Illinois residents to improve
10their supplier diversity in a non-antagonistic manner.
11    (b) The Commission shall require all gas, electric, and
12water utilities with at least 100,000 customers under its
13authority and all entities that receive renewable energy
14credits through the Illinois Power Agency for renewable energy
15credit projects to submit an annual report by April 15, 2015
16and every April 15 thereafter, in a searchable Adobe PDF
17format, on all procurement goals and actual spending for
18female-owned, minority-owned, veteran-owned, and small
19business enterprises in the previous calendar year. These
20goals shall be expressed as a percentage of the total work
21performed by the entity submitting the report, and the actual
22spending for all female-owned, minority-owned, veteran-owned,
23and small business enterprises shall also be expressed as a

 

 

HB4165- 2 -LRB103 34567 LNS 64404 b

1percentage of the total work performed by the entity
2submitting the report.
3    (c) Each participating company or entity in its annual
4report shall include the following information:
5        (1) an explanation of the plan for the next year to
6    increase participation;
7        (2) an explanation of the plan to increase the goals;
8        (3) the areas of procurement each company or entity
9    shall be actively seeking more participation in the next
10    year;
11        (3.5) a buying plan for the specific goods and
12    services the company or entity intends to buy in the next 6
13    to 18 months, that is either (i) organized by and reported
14    at the level of each applicable North American Industry
15    Classification System code, (ii) provided using a method,
16    system, or description similar to the North American
17    Industry Classification System, or (iii) provided using
18    the major categories of goods and related services
19    utilized in the company's or entity's procurement system,
20    and including any procurement codes used by the company or
21    entity, to assist entrepreneurs and diverse companies or
22    entities to understand upcoming opportunities to work with
23    the company or entity, however, a utility shall not be
24    required to include commercially-sensitive data, nonpublic
25    procurement information, or other information that could
26    compromise a utility's ability to negotiate the most

 

 

HB4165- 3 -LRB103 34567 LNS 64404 b

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

 

 

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1    (f) The Commission and all participating entities shall
2hold an annual workshop open to the public in 2015 and every
3year thereafter on the state of supplier diversity to
4collaboratively seek solutions to structural impediments to
5achieving stated goals, including testimony from each
6participating entity as well as subject matter experts and
7advocates. The Commission shall publish a database on its
8website of the point of contact for each participating entity
9for supplier diversity, along with a list of certifications
10each company or entity recognizes from the information
11submitted in each annual report. The Commission shall publish
12each annual report on its website and shall maintain each
13annual report for at least 5 years.
14(Source: P.A. 102-558, eff. 8-20-21; 102-662, eff. 9-15-21;
15102-673, eff. 11-30-21; 102-1031, eff. 5-27-22.)