HB5932eng 95TH GENERAL ASSEMBLY

HB5932 Engrossed LRB095 17880 HLH 43960 b

AN ACT concerning local government.

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

Section 5. The Illinois Power Agency Act is amended by adding Section 1-128 as follows:

(20 ILCS 3855/1-128 new)

Sec. 1-128. Renewable energy program. The Agency shall, in conjunction with the Department of Commerce and Economic Opportunity, develop a program to promote renewable energy and net-metering options in the State.

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this Section. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this Section, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this Section shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this paragraph, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.