HB5180eng 96TH GENERAL ASSEMBLY

HB5180 Engrossed LRB096 17947 JDS 33315 b

AN ACT concerning State government.

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

Section 1. Short title. This Act shall be known and may be cited as the Climate Accountability Act.

Section 5. Legislative intent. The General Assembly finds that in order to improve efficiency and the use of scarce resources, the State must receive the greatest return on the environmental investments it makes. Projects that do not return the expected environmental benefits not only waste the funds given to the project, but also prevent funding from being available for projects that would have a positive environmental impact.

The General Assembly additionally finds that reliable information and accountability are critical to ensuring that environmental projects are effective. By setting clear goals, the State can determine what projects best promote environmental sustainability, and it can hold contractors and State agencies accountable if those goals are not met. The General Assembly believes that by promoting climate accountability, the State can make the most of its resources in the effort to reduce greenhouse gas emissions and promote energy efficiency.

Section 10. Definitions.

(a) "Climate expenditure" means any State financial incentive, including, but not limited to, tax credits, grants, and loans, designed primarily to reduce greenhouse gas emissions.

(b) "CO₂e" means carbon dioxide equivalent calculated as greenhouse gases normalized to metric tons of carbon dioxide.

(c) "Certified carbon offsets" means carbon credits certified to meet the United Nation's Clean Development Mechanism (CDM).

(d) "State agency" means that term as defined in the Illinois State Auditing Act.

Section 15. Assessment of climate priorities.

(a) Any State agency that makes a climate expenditure must, prior to implementation, provide the following information:

(1) the number of tons of CO₂e reduced by the climate expenditure;

(2) the total cost of climate expenditure; and

(3) the cost per ton of CO₂e reduction.

(b) Any State contracts required to implement a climate expenditure must include, in the performance portion of the contract, information concerning the cost per ton of CO₂e reduction.

Section 20. Climate accountability.

(a) The Department of Central Management Services shall regularly conduct audits to ensure that climate expenditure contractors are meeting performance standards for cost per ton of CO₂e. If contractors with whom State agencies are contracting are not in compliance, the contractors shall (i) provide certified carbon offsets equivalent to the difference between actual emissions reductions and contracted emissions reductions or (ii) refund a portion of the contract funds until the cost per ton of CO₂e reduction meets the benchmark included in the contract.

(b) State agencies managing climate expenditure contracts shall regularly provide reports to the General Assembly outlining the performance of those individual contracts, including:

(1) the total tons of CO₂e reduced;

(2) the total contract amount; and

(3) the cost per ton of CO₂e reduced.

(c) State agencies that fail to complete audits and report to the General Assembly shall have all funding for all climate expenditures suspended until they meet the requirements of this Act.