Full Text of HB3666 102nd General Assembly
HB3666sam006 102ND GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 10/27/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3666
| 2 | | AMENDMENT NO. ______. Amend House Bill 3666 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Electric Vehicle Act is amended by | 5 | | changing Sections 55 and 60 as follows: | 6 | | (20 ILCS 627/55) | 7 | | Sec. 55. Charging rebate program. | 8 | | (a) In order to substantially offset the installation | 9 | | costs of electric vehicle charging infrastructure, beginning | 10 | | July 1, 2022, and continuing as long as funds are available, | 11 | | the Agency shall issue rebates, consistent with the | 12 | | Commission-approved Beneficial Electrification Plans in | 13 | | accordance with Section 45, to public and private | 14 | | organizations and companies to install and maintain Level 2 or | 15 | | Level 3 charging stations. | 16 | | (b) The Agency shall award rebates or grants that fund up |
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| 1 | | to 80% of the cost of the installation of charging stations. | 2 | | The Agency shall award additional incentives per port for | 3 | | every charging station installed in an eligible community and | 4 | | every charging station located to support eligible persons. In | 5 | | order to be eligible to receive a rebate or grant, the | 6 | | organization or company must submit an application to the | 7 | | Agency and commit to paying the prevailing wage for the | 8 | | installation project. The Agency shall by rule provide | 9 | | application and other programmatic details and requirements, | 10 | | including additional incentives for eligible communities. The | 11 | | Agency may determine per port or project caps based on a review | 12 | | of best practices and stakeholder engagement. The Agency shall | 13 | | accept applications on a rolling basis and shall award rebates | 14 | | or grants within 60 days of each application. The Agency must | 15 | | require that any grant or rebate applicant comply with the | 16 | | requirements of the Prevailing Wage Act for any may not award | 17 | | rebates or grants to an organization or company that does not | 18 | | pay the prevailing wage for the installation of a charging | 19 | | station for which it seeks a rebate or grant.
| 20 | | (Source: P.A. 102-662, eff. 9-15-21.) | 21 | | (20 ILCS 627/60) | 22 | | (Section scheduled to be repealed on January 1, 2024) | 23 | | Sec. 60. Study on loss of infrastructure funds and | 24 | | replacement options. The Illinois Department of Transportation | 25 | | shall conduct a study to be delivered to the members of the |
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| 1 | | Illinois General Assembly and made available to the public no | 2 | | later than September 30, 2022. The study shall consider how | 3 | | the proliferation of electric vehicles will adversely affect | 4 | | resources needed for transportation infrastructure and take | 5 | | into consideration any relevant federal actions. The study | 6 | | shall identify the potential revenue loss and offer multiple | 7 | | options for replacing those lost revenues. The Illinois | 8 | | Department of Transportation shall collaborate with | 9 | | organizations representing businesses involved in designing | 10 | | and building transportation infrastructure, organized labor, | 11 | | the general business community, and users of the system. In | 12 | | addition, the Illinois Department of Transportation may | 13 | | collaborate with other state agencies, including but not | 14 | | limited to the Illinois Secretary of State and the Illinois | 15 | | Department of Revenue. | 16 | | This Section is repealed on January 1, 2024.
| 17 | | (Source: P.A. 102-662, eff. 9-15-21.) | 18 | | Section 10. The Illinois Enterprise Zone Act is amended by | 19 | | changing Section 5.5 as follows:
| 20 | | (20 ILCS 655/5.5)
(from Ch. 67 1/2, par. 609.1)
| 21 | | Sec. 5.5. High Impact Business.
| 22 | | (a) In order to respond to unique opportunities to assist | 23 | | in the
encouragement, development, growth , and expansion of | 24 | | the private sector through
large scale investment and |
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| 1 | | development projects, the Department is authorized
to receive | 2 | | and approve applications for the designation of "High Impact
| 3 | | Businesses" in Illinois subject to the following conditions:
| 4 | | (1) such applications may be submitted at any time | 5 | | during the year;
| 6 | | (2) such business is not located, at the time of | 7 | | designation, in
an enterprise zone designated pursuant to | 8 | | this Act;
| 9 | | (3) the business intends to do one or more of the | 10 | | following:
| 11 | | (A) the business intends to make a minimum | 12 | | investment of
$12,000,000 which will be placed in | 13 | | service in qualified property and
intends to create | 14 | | 500 full-time equivalent jobs at a designated location
| 15 | | in Illinois or intends to make a minimum investment of | 16 | | $30,000,000 which
will be placed in service in | 17 | | qualified property and intends to retain 1,500
| 18 | | full-time retained jobs at a designated location in | 19 | | Illinois.
The business must certify in writing that | 20 | | the investments would not be
placed in service in | 21 | | qualified property and the job creation or job
| 22 | | retention would not occur without the tax credits and | 23 | | exemptions set forth
in subsection (b) of this | 24 | | Section. The terms "placed in service" and
"qualified | 25 | | property" have the same meanings as described in | 26 | | subsection (h)
of Section 201 of the Illinois Income |
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| 1 | | Tax Act; or
| 2 | | (B) the business intends to establish a new | 3 | | electric generating
facility at a designated location | 4 | | in Illinois. "New electric generating
facility", for | 5 | | purposes of this Section, means a newly-constructed
| 6 | | electric
generation plant
or a newly-constructed | 7 | | generation capacity expansion at an existing electric
| 8 | | generation
plant, including the transmission lines and | 9 | | associated
equipment that transfers electricity from | 10 | | points of supply to points of
delivery, and for which | 11 | | such new foundation construction commenced not sooner
| 12 | | than July 1,
2001. Such facility shall be designed to | 13 | | provide baseload electric
generation and shall operate | 14 | | on a continuous basis throughout the year;
and (i) | 15 | | shall have an aggregate rated generating capacity of | 16 | | at least 1,000
megawatts for all new units at one site | 17 | | if it uses natural gas as its primary
fuel and | 18 | | foundation construction of the facility is commenced | 19 | | on
or before December 31, 2004, or shall have an | 20 | | aggregate rated generating
capacity of at least 400 | 21 | | megawatts for all new units at one site if it uses
coal | 22 | | or gases derived from coal
as its primary fuel and
| 23 | | shall support the creation of at least 150 new | 24 | | Illinois coal mining jobs, or
(ii) shall be funded | 25 | | through a federal Department of Energy grant before | 26 | | December 31, 2010 and shall support the creation of |
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| 1 | | Illinois
coal-mining
jobs, or (iii) shall use coal | 2 | | gasification or integrated gasification-combined cycle | 3 | | units
that generate
electricity or chemicals, or both, | 4 | | and shall support the creation of Illinois
coal-mining
| 5 | | jobs.
The
business must certify in writing that the | 6 | | investments necessary to establish
a new electric | 7 | | generating facility would not be placed in service and | 8 | | the
job creation in the case of a coal-fueled plant
| 9 | | would not occur without the tax credits and exemptions | 10 | | set forth in
subsection (b-5) of this Section. The | 11 | | term "placed in service" has
the same meaning as | 12 | | described in subsection
(h) of Section 201 of the | 13 | | Illinois Income Tax Act; or
| 14 | | (B-5) the business intends to establish a new | 15 | | gasification
facility at a designated location in | 16 | | Illinois. As used in this Section, "new gasification | 17 | | facility" means a newly constructed coal gasification | 18 | | facility that generates chemical feedstocks or | 19 | | transportation fuels derived from coal (which may | 20 | | include, but are not limited to, methane, methanol, | 21 | | and nitrogen fertilizer), that supports the creation | 22 | | or retention of Illinois coal-mining jobs, and that | 23 | | qualifies for financial assistance from the Department | 24 | | before December 31, 2010. A new gasification facility | 25 | | does not include a pilot project located within | 26 | | Jefferson County or within a county adjacent to |
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| 1 | | Jefferson County for synthetic natural gas from coal; | 2 | | or | 3 | | (C) the business intends to establish
production | 4 | | operations at a new coal mine, re-establish production | 5 | | operations at
a closed coal mine, or expand production | 6 | | at an existing coal mine
at a designated location in | 7 | | Illinois not sooner than July 1, 2001;
provided that | 8 | | the
production operations result in the creation of | 9 | | 150 new Illinois coal mining
jobs as described in | 10 | | subdivision (a)(3)(B) of this Section, and further
| 11 | | provided that the coal extracted from such mine is | 12 | | utilized as the predominant
source for a new electric | 13 | | generating facility.
The business must certify in | 14 | | writing that the
investments necessary to establish a | 15 | | new, expanded, or reopened coal mine would
not
be | 16 | | placed in service and the job creation would not
occur | 17 | | without the tax credits and exemptions set forth in | 18 | | subsection (b-5) of
this Section. The term "placed in | 19 | | service" has
the same meaning as described in | 20 | | subsection (h) of Section 201 of the
Illinois Income | 21 | | Tax Act; or
| 22 | | (D) the business intends to construct new | 23 | | transmission facilities or
upgrade existing | 24 | | transmission facilities at designated locations in | 25 | | Illinois,
for which construction commenced not sooner | 26 | | than July 1, 2001. For the
purposes of this Section, |
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| 1 | | "transmission facilities" means transmission lines
| 2 | | with a voltage rating of 115 kilovolts or above, | 3 | | including associated
equipment, that transfer | 4 | | electricity from points of supply to points of
| 5 | | delivery and that transmit a majority of the | 6 | | electricity generated by a new
electric generating | 7 | | facility designated as a High Impact Business in | 8 | | accordance
with this Section. The business must | 9 | | certify in writing that the investments
necessary to | 10 | | construct new transmission facilities or upgrade | 11 | | existing
transmission facilities would not be placed | 12 | | in service
without the tax credits and exemptions set | 13 | | forth in subsection (b-5) of this
Section. The term | 14 | | "placed in service" has the
same meaning as described | 15 | | in subsection (h) of Section 201 of the Illinois
| 16 | | Income Tax Act; or
| 17 | | (E) the business intends to establish a new wind | 18 | | power facility at a designated location in Illinois. | 19 | | For purposes of this Section, "new wind power | 20 | | facility" means a newly constructed electric | 21 | | generation facility, or a newly constructed expansion | 22 | | of an existing electric generation facility, placed in | 23 | | service on or after July 1, 2009, that generates | 24 | | electricity using wind energy devices, and such | 25 | | facility shall be deemed to include all associated | 26 | | transmission lines, substations, and other equipment |
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| 1 | | related to the generation of electricity from wind | 2 | | energy devices. For purposes of this Section, "wind | 3 | | energy device" means any device, with a nameplate | 4 | | capacity of at least 0.5 megawatts, that is used in the | 5 | | process of converting kinetic energy from the wind to | 6 | | generate electricity; or | 7 | | (F) the business commits to (i) make a minimum | 8 | | investment of $500,000,000, which will be placed in | 9 | | service in a qualified property, (ii) create 125 | 10 | | full-time equivalent jobs at a designated location in | 11 | | Illinois, (iii) establish a fertilizer plant at a | 12 | | designated location in Illinois that complies with the | 13 | | set-back standards as described in Table 1: Initial | 14 | | Isolation and Protective Action Distances in the 2012 | 15 | | Emergency Response Guidebook published by the United | 16 | | States Department of Transportation, (iv) pay a | 17 | | prevailing wage for employees at that location who are | 18 | | engaged in construction activities, and (v) secure an | 19 | | appropriate level of general liability insurance to | 20 | | protect against catastrophic failure of the fertilizer | 21 | | plant or any of its constituent systems; in addition, | 22 | | the business must agree to enter into a construction | 23 | | project labor agreement including provisions | 24 | | establishing wages, benefits, and other compensation | 25 | | for employees performing work under the project labor | 26 | | agreement at that location; for the purposes of this |
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| 1 | | Section, "fertilizer plant" means a newly constructed | 2 | | or upgraded plant utilizing gas used in the production | 3 | | of anhydrous ammonia and downstream nitrogen | 4 | | fertilizer products for resale; for the purposes of | 5 | | this Section, "prevailing wage" means the hourly cash | 6 | | wages plus fringe benefits for training and
| 7 | | apprenticeship programs approved by the U.S. | 8 | | Department of Labor, Bureau of
Apprenticeship and | 9 | | Training, health and welfare, insurance, vacations and
| 10 | | pensions paid generally, in the
locality in which the | 11 | | work is being performed, to employees engaged in
work | 12 | | of a similar character on public works; this paragraph | 13 | | (F) applies only to businesses that submit an | 14 | | application to the Department within 60 days after | 15 | | July 25, 2013 ( the effective date of Public Act | 16 | | 98-109) this amendatory Act of the 98th General | 17 | | Assembly ; and | 18 | | (4) no later than 90 days after an application is | 19 | | submitted, the
Department shall notify the applicant of | 20 | | the Department's determination of
the qualification of the | 21 | | proposed High Impact Business under this Section.
| 22 | | (b) Businesses designated as High Impact Businesses | 23 | | pursuant to
subdivision (a)(3)(A) of this Section shall | 24 | | qualify for the credits and
exemptions described in the
| 25 | | following Acts: Section 9-222 and Section 9-222.1A of the | 26 | | Public Utilities
Act,
subsection (h)
of Section 201 of the |
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| 1 | | Illinois Income Tax Act,
and Section 1d of
the
Retailers' | 2 | | Occupation Tax Act; provided that these credits and
exemptions
| 3 | | described in these Acts shall not be authorized until the | 4 | | minimum
investments set forth in subdivision (a)(3)(A) of this
| 5 | | Section have been placed in
service in qualified properties | 6 | | and, in the case of the exemptions
described in the Public | 7 | | Utilities Act and Section 1d of the Retailers'
Occupation Tax | 8 | | Act, the minimum full-time equivalent jobs or full-time | 9 | | retained jobs set
forth in subdivision (a)(3)(A) of this | 10 | | Section have been
created or retained.
Businesses designated | 11 | | as High Impact Businesses under
this Section shall also
| 12 | | qualify for the exemption described in Section 5l of the | 13 | | Retailers' Occupation
Tax Act. The credit provided in | 14 | | subsection (h) of Section 201 of the Illinois
Income Tax Act | 15 | | shall be applicable to investments in qualified property as | 16 | | set
forth in subdivision (a)(3)(A) of this Section.
| 17 | | (b-5) Businesses designated as High Impact Businesses | 18 | | pursuant to
subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C), | 19 | | and (a)(3)(D) of this Section shall qualify
for the credits | 20 | | and exemptions described in the following Acts: Section 51 of
| 21 | | the Retailers' Occupation Tax Act, Section 9-222 and Section | 22 | | 9-222.1A of the
Public Utilities Act, and subsection (h) of | 23 | | Section 201 of the Illinois Income
Tax Act; however, the | 24 | | credits and exemptions authorized under Section 9-222 and
| 25 | | Section 9-222.1A of the Public Utilities Act, and subsection | 26 | | (h) of Section 201
of the Illinois Income Tax Act shall not be |
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| 1 | | authorized until the new electric
generating facility, the new | 2 | | gasification facility, the new transmission facility, or the | 3 | | new, expanded, or
reopened coal mine is operational,
except | 4 | | that a new electric generating facility whose primary fuel | 5 | | source is
natural gas is eligible only for the exemption under | 6 | | Section 5l of the
Retailers' Occupation Tax Act.
| 7 | | (b-6) Businesses designated as High Impact Businesses | 8 | | pursuant to subdivision (a)(3)(E) or (a)(3)(E-5) of this | 9 | | Section shall qualify for the exemptions described in Section | 10 | | 5l of the Retailers' Occupation Tax Act; any business so | 11 | | designated as a High Impact Business being, for purposes of | 12 | | this Section, a "Wind Energy Business". | 13 | | (b-7) Beginning on January 1, 2021, businesses designated | 14 | | as High Impact Businesses by the Department shall qualify for | 15 | | the High Impact Business construction jobs credit under | 16 | | subsection (h-5) of Section 201 of the Illinois Income Tax Act | 17 | | if the business meets the criteria set forth in subsection (i) | 18 | | of this Section. The total aggregate amount of credits awarded | 19 | | under the Blue Collar Jobs Act (Article 20 of Public Act 101-9 | 20 | | this amendatory Act of the 101st General Assembly ) shall not | 21 | | exceed $20,000,000 in any State fiscal year. | 22 | | (c) High Impact Businesses located in federally designated | 23 | | foreign trade
zones or sub-zones are also eligible for | 24 | | additional credits, exemptions and
deductions as described in | 25 | | the following Acts: Section 9-221 and Section
9-222.1 of the | 26 | | Public
Utilities Act; and subsection (g) of Section 201, and |
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| 1 | | Section 203
of the Illinois Income Tax Act.
| 2 | | (d) Except for businesses contemplated under subdivision | 3 | | (a)(3)(E) or (a)(3)(E-5) of this Section, existing Illinois | 4 | | businesses which apply for designation as a
High Impact | 5 | | Business must provide the Department with the prospective plan
| 6 | | for which 1,500 full-time retained jobs would be eliminated in | 7 | | the event that the
business is not designated.
| 8 | | (e) Except for new wind power facilities contemplated | 9 | | under subdivision (a)(3)(E) of this Section, new proposed | 10 | | facilities which apply for designation as High Impact
Business | 11 | | must provide the Department with proof of alternative | 12 | | non-Illinois
sites which would receive the proposed investment | 13 | | and job creation in the
event that the business is not | 14 | | designated as a High Impact Business.
| 15 | | (f) Except for businesses contemplated under subdivision | 16 | | (a)(3)(E) of this Section, in the event that a business is | 17 | | designated a High Impact Business
and it is later determined | 18 | | after reasonable notice and an opportunity for a
hearing as | 19 | | provided under the Illinois Administrative Procedure Act, that
| 20 | | the business would have placed in service in qualified | 21 | | property the
investments and created or retained the requisite | 22 | | number of jobs without
the benefits of the High Impact | 23 | | Business designation, the Department shall
be required to | 24 | | immediately revoke the designation and notify the Director
of | 25 | | the Department of Revenue who shall begin proceedings to | 26 | | recover all
wrongfully exempted State taxes with interest. The |
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| 1 | | business shall also be
ineligible for all State funded | 2 | | Department programs for a period of 10 years.
| 3 | | (g) The Department shall revoke a High Impact Business | 4 | | designation if
the participating business fails to comply with | 5 | | the terms and conditions of
the designation. However, the | 6 | | penalties for new wind power facilities or Wind Energy | 7 | | Businesses for failure to comply with any of the terms or | 8 | | conditions of the Illinois Prevailing Wage Act shall be only | 9 | | those penalties identified in the Illinois Prevailing Wage | 10 | | Act, and the Department shall not revoke a High Impact | 11 | | Business designation as a result of the failure to comply with | 12 | | any of the terms or conditions of the Illinois Prevailing Wage | 13 | | Act in relation to a new wind power facility or a Wind Energy | 14 | | Business.
| 15 | | (h) Prior to designating a business, the Department shall | 16 | | provide the
members of the General Assembly and Commission on | 17 | | Government Forecasting and Accountability
with a report | 18 | | setting forth the terms and conditions of the designation and
| 19 | | guarantees that have been received by the Department in | 20 | | relation to the
proposed business being designated.
| 21 | | (i) High Impact Business construction jobs credit. | 22 | | Beginning on January 1, 2021, a High Impact Business may | 23 | | receive a tax credit against the tax imposed under subsections | 24 | | (a) and (b) of Section 201 of the Illinois Income Tax Act in an | 25 | | amount equal to 50% of the amount of the incremental income tax | 26 | | attributable to High Impact Business construction jobs credit |
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| 1 | | employees employed in the course of completing a High Impact | 2 | | Business construction jobs project. However, the High Impact | 3 | | Business construction jobs credit may equal 75% of the amount | 4 | | of the incremental income tax attributable to High Impact | 5 | | Business construction jobs credit employees if the High Impact | 6 | | Business construction jobs credit project is located in an | 7 | | underserved area. | 8 | | The Department shall certify to the Department of Revenue: | 9 | | (1) the identity of taxpayers that are eligible for the High | 10 | | Impact Business construction jobs credit; and (2) the amount | 11 | | of High Impact Business construction jobs credits that are | 12 | | claimed pursuant to subsection (h-5) of Section 201 of the | 13 | | Illinois Income Tax Act in each taxable year. Any business | 14 | | entity that receives a High Impact Business construction jobs | 15 | | credit shall maintain a certified payroll pursuant to | 16 | | subsection (j) of this Section. | 17 | | As used in this subsection (i): | 18 | | "High Impact Business construction jobs credit" means an | 19 | | amount equal to 50% (or 75% if the High Impact Business | 20 | | construction project is located in an underserved area) of the | 21 | | incremental income tax attributable to High Impact Business | 22 | | construction job employees. The total aggregate amount of | 23 | | credits awarded under the Blue Collar Jobs Act (Article 20 of | 24 | | Public Act 101-9 this amendatory Act of the 101st General | 25 | | Assembly ) shall not exceed $20,000,000 in any State fiscal | 26 | | year |
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| 1 | | "High Impact Business construction job employee" means a | 2 | | laborer or worker who is employed by an Illinois contractor or | 3 | | subcontractor in the actual construction work on the site of a | 4 | | High Impact Business construction job project. | 5 | | "High Impact Business construction jobs project" means | 6 | | building a structure or building or making improvements of any | 7 | | kind to real property, undertaken and commissioned by a | 8 | | business that was designated as a High Impact Business by the | 9 | | Department. The term "High Impact Business construction jobs | 10 | | project" does not include the routine operation, routine | 11 | | repair, or routine maintenance of existing structures, | 12 | | buildings, or real property. | 13 | | "Incremental income tax" means the total amount withheld | 14 | | during the taxable year from the compensation of High Impact | 15 | | Business construction job employees. | 16 | | "Underserved area" means a geographic area that meets one | 17 | | or more of the following conditions: | 18 | | (1) the area has a poverty rate of at least 20% | 19 | | according to the latest federal decennial census; | 20 | | (2) 75% or more of the children in the area | 21 | | participate in the federal free lunch program according to | 22 | | reported statistics from the State Board of Education; | 23 | | (3) at least 20% of the households in the area receive | 24 | | assistance under the Supplemental Nutrition Assistance | 25 | | Program (SNAP); or | 26 | | (4) the area has an average unemployment rate, as |
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| 1 | | determined by the Illinois Department of Employment | 2 | | Security, that is more than 120% of the national | 3 | | unemployment average, as determined by the U.S. Department | 4 | | of Labor, for a period of at least 2 consecutive calendar | 5 | | years preceding the date of the application. | 6 | | (j) Each contractor and subcontractor who is engaged in | 7 | | and executing a High Impact Business Construction jobs | 8 | | project, as defined under subsection (i) of this Section, for | 9 | | a business that is entitled to a credit pursuant to subsection | 10 | | (i) of this Section shall: | 11 | | (1) make and keep, for a period of 5 years from the | 12 | | date of the last payment made on or after June 5, 2019 ( the | 13 | | effective date of Public Act 101-9) this amendatory Act of | 14 | | the 101st General Assembly on a contract or subcontract | 15 | | for a High Impact Business Construction Jobs Project, | 16 | | records for all laborers and other workers employed by the | 17 | | contractor or subcontractor on the project; the records | 18 | | shall include: | 19 | | (A) the worker's name; | 20 | | (B) the worker's address; | 21 | | (C) the worker's telephone number, if available; | 22 | | (D) the worker's social security number; | 23 | | (E) the worker's classification or | 24 | | classifications; | 25 | | (F) the worker's gross and net wages paid in each | 26 | | pay period; |
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| 1 | | (G) the worker's number of hours worked each day; | 2 | | (H) the worker's starting and ending times of work | 3 | | each day; | 4 | | (I) the worker's hourly wage rate; and | 5 | | (J) the worker's hourly overtime wage rate; | 6 | | (K) the worker's race and ethnicity; and | 7 | | (L) the worker's gender; | 8 | | (2) no later than the 15th day of each calendar month, | 9 | | provide a certified payroll for the immediately preceding | 10 | | month to the taxpayer in charge of the High Impact | 11 | | Business construction jobs project; within 5 business days | 12 | | after receiving the certified payroll, the taxpayer shall | 13 | | file the certified payroll with the Department of Labor | 14 | | and the Department of Commerce and Economic Opportunity; a | 15 | | certified payroll must be filed for only those calendar | 16 | | months during which construction on a High Impact Business | 17 | | construction jobs project has occurred; the certified | 18 | | payroll shall consist of a complete copy of the records | 19 | | identified in paragraph (1) of this subsection (j), but | 20 | | may exclude the starting and ending times of work each | 21 | | day; the certified payroll shall be accompanied by a | 22 | | statement signed by the contractor or subcontractor or an | 23 | | officer, employee, or agent of the contractor or | 24 | | subcontractor which avers that: | 25 | | (A) he or she has examined the certified payroll | 26 | | records required to be submitted by the Act and such |
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| 1 | | records are true and accurate; and | 2 | | (B) the contractor or subcontractor is aware that | 3 | | filing a certified payroll that he or she knows to be | 4 | | false is a Class A misdemeanor. | 5 | | A general contractor is not prohibited from relying on a | 6 | | certified payroll of a lower-tier subcontractor, provided the | 7 | | general contractor does not knowingly rely upon a | 8 | | subcontractor's false certification. | 9 | | Any contractor or subcontractor subject to this | 10 | | subsection, and any officer, employee, or agent of such | 11 | | contractor or subcontractor whose duty as an officer, | 12 | | employee, or agent it is to file a certified payroll under this | 13 | | subsection, who willfully fails to file such a certified | 14 | | payroll on or before the date such certified payroll is | 15 | | required by this paragraph to be filed and any person who | 16 | | willfully files a false certified payroll that is false as to | 17 | | any material fact is in violation of this Act and guilty of a | 18 | | Class A misdemeanor. | 19 | | The taxpayer in charge of the project shall keep the | 20 | | records submitted in accordance with this subsection on or | 21 | | after June 5, 2019 ( the effective date of Public Act 101-9) | 22 | | this amendatory Act of the 101st General Assembly for a period | 23 | | of 5 years from the date of the last payment for work on a | 24 | | contract or subcontract for the High Impact Business | 25 | | construction jobs project. | 26 | | The records submitted in accordance with this subsection |
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| 1 | | shall be considered public records, except an employee's | 2 | | address, telephone number, and social security number, and | 3 | | made available in accordance with the Freedom of Information | 4 | | Act. The Department of Labor shall accept any reasonable | 5 | | submissions by the contractor that meet the requirements of | 6 | | this subsection (j) and shall share the information with the | 7 | | Department in order to comply with the awarding of a High | 8 | | Impact Business construction jobs credit. A contractor, | 9 | | subcontractor, or public body may retain records required | 10 | | under this Section in paper or electronic format. | 11 | | (k) Upon 7 business days' notice, each contractor and | 12 | | subcontractor shall make available for inspection and copying | 13 | | at a location within this State during reasonable hours, the | 14 | | records identified in this subsection (j) to the taxpayer in | 15 | | charge of the High Impact Business construction jobs project, | 16 | | its officers and agents, the Director of the Department of | 17 | | Labor and his or her deputies and agents, and to federal, | 18 | | State, or local law enforcement agencies and prosecutors. | 19 | | (Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
| 20 | | Section 15. The Public Utilities Act is amended by | 21 | | changing Section 5-117 as follows: | 22 | | (220 ILCS 5/5-117) | 23 | | Sec. 5-117. Supplier diversity goals. | 24 | | (a) The public policy of this State is to collaboratively |
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| 1 | | work with companies that serve Illinois residents to improve | 2 | | their supplier diversity in a non-antagonistic manner. | 3 | | (b) The Commission shall require all gas, electric, and | 4 | | water companies with at least 100,000 customers under its | 5 | | authority, as well as suppliers of wind energy, solar energy,
| 6 | | hydroelectricity, nuclear energy, and any other supplier of
| 7 | | energy within this State other than wind energy and solar | 8 | | energy required to comply with the reporting requirements | 9 | | under Section 1505-215 of the Department of Labor Law of the
| 10 | | Civil Administrative Code of Illinois , to submit an annual | 11 | | report by April 15, 2015 and every April 15 thereafter, in a | 12 | | searchable Adobe PDF format, on all procurement goals and | 13 | | actual spending for female-owned, minority-owned, | 14 | | veteran-owned, and small business enterprises in the previous | 15 | | calendar year. These goals shall be expressed as a percentage | 16 | | of the total work performed by the entity submitting the | 17 | | report, and the actual spending for all female-owned, | 18 | | minority-owned, veteran-owned, and small business enterprises | 19 | | shall also be expressed as a percentage of the total work | 20 | | performed by the entity submitting the report. | 21 | | (c) Each participating company in its annual report shall | 22 | | include the following information: | 23 | | (1) an explanation of the plan for the next year to | 24 | | increase participation; | 25 | | (2) an explanation of the plan to increase the goals; | 26 | | (3) the areas of procurement each company shall be |
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| 1 | | actively seeking more participation in the next year; | 2 | | (4) an outline of the plan to alert and encourage | 3 | | potential vendors in that area to seek business from the | 4 | | company; | 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 | 10 | | recognizes; | 11 | | (7) the point of contact for any potential vendor who | 12 | | wishes to do business with the company and explain the | 13 | | process for a vendor to enroll with the company as a | 14 | | minority-owned, women-owned, or veteran-owned company; and | 15 | | (8) any particular success stories to encourage other | 16 | | companies to emulate best practices. | 17 | | (d) Each annual report shall include as much | 18 | | State-specific data as possible. If the submitting entity does | 19 | | not submit State-specific data, then the company shall include | 20 | | any national data it does have and explain why it could not | 21 | | submit State-specific data and how it intends to do so in | 22 | | future reports, if possible. | 23 | | (e) Each annual report shall include the rules, | 24 | | regulations, and definitions used for the procurement goals in | 25 | | the company's annual report. | 26 | | (f) The Commission and all participating entities shall |
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| 1 | | hold an annual workshop open to the public in 2015 and every | 2 | | year thereafter on the state of supplier diversity to | 3 | | collaboratively seek solutions to structural impediments to | 4 | | achieving stated goals, including testimony from each | 5 | | participating entity as well as subject matter experts and | 6 | | advocates. The Commission shall publish a database on its | 7 | | website of the point of contact for each participating entity | 8 | | for supplier diversity, along with a list of certifications | 9 | | each company recognizes from the information submitted in each | 10 | | annual report. The Commission shall publish each annual report | 11 | | on its website and shall maintain each annual report for at | 12 | | least 5 years.
| 13 | | (Source: P.A. 102-558, eff. 8-20-21; 102-662, eff. 9-15-21.)
| 14 | | Section 20. The Energy Assistance Act is amended by | 15 | | changing Section 13 as follows:
| 16 | | (305 ILCS 20/13)
| 17 | | (Text of Section from P.A. 102-16) | 18 | | (Section scheduled to be repealed on January 1, 2025) | 19 | | Sec. 13. Supplemental Low-Income Energy Assistance Fund.
| 20 | | (a) The Supplemental Low-Income Energy Assistance
Fund is | 21 | | hereby created as a special fund in the State
Treasury. | 22 | | Notwithstanding any other law to the contrary, the | 23 | | Supplemental Low-Income Energy Assistance Fund is not subject | 24 | | to sweeps, administrative charge-backs, or any other fiscal or |
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| 1 | | budgetary maneuver that would in any way transfer any amounts | 2 | | from the Supplemental Low-Income Energy Assistance Fund into | 3 | | any other fund of the State. The Supplemental Low-Income | 4 | | Energy Assistance Fund
is authorized to receive moneys from | 5 | | voluntary donations from individuals, foundations, | 6 | | corporations, and other sources, moneys received pursuant to | 7 | | Section 17, and, by statutory deposit, the moneys
collected | 8 | | pursuant to this Section. The Fund is also authorized to | 9 | | receive voluntary donations from individuals, foundations, | 10 | | corporations, and other sources. Subject to appropriation,
the | 11 | | Department shall use
moneys from the Supplemental Low-Income | 12 | | Energy Assistance Fund
for payments to electric or gas public | 13 | | utilities,
municipal electric or gas utilities, and electric | 14 | | cooperatives
on behalf of their customers who are participants | 15 | | in the
program authorized by Sections 4 and 18 of this Act, for | 16 | | the provision of
weatherization services and for
| 17 | | administration of the Supplemental Low-Income Energy
| 18 | | Assistance Fund. All other deposits outside of the Energy | 19 | | Assistance Charge as set forth in subsection (b) are not | 20 | | subject to the percentage restrictions related to | 21 | | administrative and weatherization expenses provided in this | 22 | | subsection. The yearly expenditures for weatherization may not | 23 | | exceed 10%
of the amount collected during the year pursuant to | 24 | | this Section, except when unspent funds from the Supplemental | 25 | | Low-Income Energy Assistance Fund are reallocated from a | 26 | | previous year; any unspent balance of the 10% weatherization |
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| 1 | | allowance may be utilized for weatherization expenses in the | 2 | | year they are reallocated. The yearly administrative expenses | 3 | | of the
Supplemental Low-Income Energy Assistance Fund may not | 4 | | exceed
13% of the amount collected during that year
pursuant | 5 | | to this Section, except when unspent funds from the | 6 | | Supplemental Low-Income Energy Assistance Fund are reallocated | 7 | | from a previous year; any unspent balance of the 13% | 8 | | administrative allowance may be utilized for administrative | 9 | | expenses in the year they are reallocated. Of the 13% | 10 | | administrative allowance, no less than 8% shall be provided to | 11 | | Local Administrative Agencies for administrative expenses.
| 12 | | (b) Notwithstanding the provisions of Section 16-111
of | 13 | | the Public Utilities Act but subject to subsection (k) of this | 14 | | Section,
each public utility, electric
cooperative, as defined | 15 | | in Section 3.4 of the Electric Supplier Act,
and municipal | 16 | | utility, as referenced in Section 3-105 of the Public | 17 | | Utilities
Act, that is engaged in the delivery of electricity | 18 | | or the
distribution of natural gas within the State of | 19 | | Illinois
shall, effective January 1, 2022 2021 ,
assess each of
| 20 | | its customer accounts a monthly Energy Assistance Charge for
| 21 | | the Supplemental Low-Income Energy Assistance Fund.
The | 22 | | delivering public utility, municipal electric or gas utility, | 23 | | or electric
or gas
cooperative for a self-assessing purchaser | 24 | | remains subject to the collection of
the
fee imposed by this | 25 | | Section.
The
monthly charge shall be as follows:
| 26 | | (1) Base Energy Assistance Charge per month on each
|
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| 1 | | account for residential electrical service; | 2 | | (2) Base Energy Assistance Charge per month on each
| 3 | | account for residential gas service; | 4 | | (3) Ten times the Base Energy Assistance Charge per
| 5 | | month on each account for non-residential electric
service | 6 | | which had less than 10 megawatts of peak
demand during the | 7 | | previous calendar year; | 8 | | (4) Ten times the Base Energy Assistance Charge per
| 9 | | month on each account for non-residential gas
service | 10 | | which had distributed to it less than
4,000,000 therms of | 11 | | gas during the previous
calendar year; | 12 | | (5) Three hundred and seventy-five times the Base
| 13 | | Energy Assistance Charge per month on each account
for | 14 | | non-residential electric service which had 10
megawatts or | 15 | | greater of peak demand during the
previous calendar year; | 16 | | and | 17 | | (6) Three hundred and seventy-five times the Base
| 18 | | Energy Assistance Charge per month on each account
For | 19 | | non-residential gas service which had
4,000,000 or more | 20 | | therms of gas distributed to it
during the previous | 21 | | calendar year. | 22 | | The Base Energy Assistance Charge shall be $0.48
per month | 23 | | for the calendar year beginning January
1, 2022 and shall | 24 | | increase by $0.16 per month for
any calendar year, provided no | 25 | | less than 80% of the
previous State fiscal year's available
| 26 | | Supplemental Low-Income Energy Assistance Fund
funding was |
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| 1 | | exhausted. The maximum Base Energy
Assistance Charge shall not | 2 | | exceed $0.96 per month
for any calendar year.
| 3 | | The incremental change to such charges imposed by Public | 4 | | Act 99-933 and this amendatory Act of the 102nd General | 5 | | Assembly shall not (i) be used for any purpose other than to | 6 | | directly assist customers and (ii) be applicable to utilities | 7 | | serving less than 100,000 25,000 customers in Illinois on | 8 | | January 1, 2021. The incremental change to such charges | 9 | | imposed by this amendatory Act of the 102nd General Assembly | 10 | | are intended to increase utilization of the Percentage of | 11 | | Income Payment Plan (PIPP or PIP Plan) and shall be applied | 12 | | such that PIP Plan enrollment is at least doubled, as compared | 13 | | to 2020 enrollment, by 2024. | 14 | | In addition, electric and gas utilities have committed, | 15 | | and shall contribute, a one-time payment of $22 million to the | 16 | | Fund, within 10 days after the effective date of the tariffs | 17 | | established pursuant to Sections 16-111.8 and 19-145 of the | 18 | | Public Utilities Act to be used for the Department's cost of | 19 | | implementing the programs described in Section 18 of this | 20 | | amendatory Act of the 96th General Assembly, the Arrearage | 21 | | Reduction Program described in Section 18, and the programs | 22 | | described in Section 8-105 of the Public Utilities Act. If a | 23 | | utility elects not to file a rider within 90 days after the | 24 | | effective date of this amendatory Act of the 96th General | 25 | | Assembly, then the contribution from such utility shall be | 26 | | made no later than February 1, 2010.
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| 1 | | (c) For purposes of this Section:
| 2 | | (1) "residential electric service" means
electric | 3 | | utility service for household purposes delivered to a
| 4 | | dwelling of 2 or fewer units which is billed under a
| 5 | | residential rate, or electric utility service for | 6 | | household
purposes delivered to a dwelling unit or units | 7 | | which is billed
under a residential rate and is registered | 8 | | by a separate meter
for each dwelling unit;
| 9 | | (2) "residential gas service" means gas utility
| 10 | | service for household purposes distributed to a dwelling | 11 | | of
2 or fewer units which is billed under a residential | 12 | | rate,
or gas utility service for household purposes | 13 | | distributed to a
dwelling unit or units which is billed | 14 | | under a residential
rate and is registered by a separate | 15 | | meter for each dwelling
unit;
| 16 | | (3) "non-residential electric service" means
electric | 17 | | utility service which is not residential electric
service; | 18 | | and
| 19 | | (4) "non-residential gas service" means gas
utility | 20 | | service which is not residential gas service.
| 21 | | (d) Within 30 days after the effective date of this | 22 | | amendatory Act of the 96th General Assembly, each public
| 23 | | utility engaged in the delivery of electricity or the
| 24 | | distribution of natural gas shall file with the Illinois
| 25 | | Commerce Commission tariffs incorporating the Energy
| 26 | | Assistance Charge in other charges stated in such tariffs, |
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| 1 | | which shall become effective no later than the beginning of | 2 | | the first billing cycle following such filing.
| 3 | | (e) The Energy Assistance Charge assessed by
electric and | 4 | | gas public utilities shall be considered a charge
for public | 5 | | utility service.
| 6 | | (f) By the 20th day of the month following the month in | 7 | | which the charges
imposed by the Section were collected, each | 8 | | public
utility,
municipal utility, and electric cooperative | 9 | | shall remit to the
Department of Revenue all moneys received | 10 | | as payment of the
Energy Assistance Charge on a return | 11 | | prescribed and furnished by the
Department of Revenue showing | 12 | | such information as the Department of Revenue may
reasonably | 13 | | require; provided, however, that a utility offering an | 14 | | Arrearage Reduction Program or Supplemental Arrearage | 15 | | Reduction Program pursuant to Section 18 of this Act shall be | 16 | | entitled to net those amounts necessary to fund and recover | 17 | | the costs of such Programs as authorized by that Section that | 18 | | is no more than the incremental change in such Energy | 19 | | Assistance Charge authorized by Public Act 96-33. If a | 20 | | customer makes a partial payment, a public
utility, municipal
| 21 | | utility, or electric cooperative may elect either: (i) to | 22 | | apply
such partial payments first to amounts owed to the
| 23 | | utility or cooperative for its services and then to payment
| 24 | | for the Energy Assistance Charge or (ii) to apply such partial | 25 | | payments
on a pro-rata basis between amounts owed to the
| 26 | | utility or cooperative for its services and to payment for the
|
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| 1 | | Energy Assistance Charge.
| 2 | | If any payment provided for in this Section exceeds the | 3 | | distributor's liabilities under this Act, as shown on an | 4 | | original return, the Department may authorize the distributor | 5 | | to credit such excess payment against liability subsequently | 6 | | to be remitted to the Department under this Act, in accordance | 7 | | with reasonable rules adopted by the Department. If the | 8 | | Department subsequently determines that all or any part of the | 9 | | credit taken was not actually due to the distributor, the | 10 | | distributor's discount shall be reduced by an amount equal to | 11 | | the difference between the discount as applied to the credit | 12 | | taken and that actually due, and that distributor shall be | 13 | | liable for penalties and interest on such difference. | 14 | | (g) The Department of Revenue shall deposit into the
| 15 | | Supplemental Low-Income Energy Assistance Fund all moneys
| 16 | | remitted to it in accordance with subsection (f) of this
| 17 | | Section. The utilities shall coordinate with the Department to | 18 | | establish an equitable and practical methodology for | 19 | | implementing this subsection (g) beginning with the 2010 | 20 | | program year.
| 21 | | (h) On or before December 31, 2002, the Department shall
| 22 | | prepare a report for the General Assembly on the expenditure | 23 | | of funds
appropriated from the Low-Income Energy Assistance | 24 | | Block Grant Fund for the
program authorized under Section 4 of | 25 | | this Act.
| 26 | | (i) The Department of Revenue may establish such
rules as |
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| 1 | | it deems necessary to implement this Section.
| 2 | | (j) The Department of Commerce and Economic Opportunity
| 3 | | may establish such rules as it deems necessary to implement
| 4 | | this Section.
| 5 | | (k) The charges imposed by this Section shall only apply | 6 | | to customers of
municipal electric or gas utilities and | 7 | | electric or gas cooperatives if
the municipal
electric or gas
| 8 | | utility or electric or gas cooperative makes an affirmative | 9 | | decision to
impose the
charge. If a municipal electric or gas | 10 | | utility or an electric
cooperative makes an affirmative | 11 | | decision to impose the charge provided by
this
Section, the | 12 | | municipal electric or gas utility or electric cooperative | 13 | | shall
inform the
Department of Revenue in writing of such | 14 | | decision when it begins to impose the
charge. If a municipal | 15 | | electric or gas utility or electric or gas
cooperative does | 16 | | not
assess
this charge, the Department may not use funds from | 17 | | the Supplemental Low-Income
Energy Assistance Fund to provide | 18 | | benefits to its customers under the program
authorized by | 19 | | Section 4 of this Act.
| 20 | | In its use of federal funds under this Act, the Department | 21 | | may not cause a
disproportionate share of those federal funds | 22 | | to benefit customers of systems
which do not assess the charge | 23 | | provided by this Section.
| 24 | | This Section is repealed on January 1, 2025
unless
renewed | 25 | | by action of the General Assembly.
| 26 | | (Source: P.A. 102-16, eff. 6-17-21.)
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| 1 | | (Text of Section from P.A. 102-176) | 2 | | (Section scheduled to be repealed on January 1, 2025) | 3 | | Sec. 13. Supplemental Low-Income Energy Assistance Fund.
| 4 | | (a) The Supplemental Low-Income Energy Assistance
Fund is | 5 | | hereby created as a special fund in the State
Treasury. The | 6 | | Supplemental Low-Income Energy Assistance Fund
is authorized | 7 | | to receive moneys from voluntary donations from individuals, | 8 | | foundations, corporations, and other sources, moneys received | 9 | | pursuant to Section 17, and, by statutory deposit, the moneys
| 10 | | collected pursuant to this Section. The Fund is also | 11 | | authorized to receive voluntary donations from individuals, | 12 | | foundations, corporations, and other sources. Subject to | 13 | | appropriation,
the Department shall use
moneys from the | 14 | | Supplemental Low-Income Energy Assistance Fund
for payments to | 15 | | electric or gas public utilities,
municipal electric or gas | 16 | | utilities, and electric cooperatives
on behalf of their | 17 | | customers who are participants in the
program authorized by | 18 | | Sections 4 and 18 of this Act, for the provision of
| 19 | | weatherization services and for
administration of the | 20 | | Supplemental Low-Income Energy
Assistance Fund. All other | 21 | | deposits outside of the Energy Assistance Charge as set forth | 22 | | in subsection (b) are not subject to the percentage | 23 | | restrictions related to administrative and weatherization | 24 | | expenses provided in this subsection. The yearly expenditures | 25 | | for weatherization may not exceed 10%
of the amount collected |
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| 1 | | during the year pursuant to this Section, except when unspent | 2 | | funds from the Supplemental Low-Income Energy Assistance Fund | 3 | | are reallocated from a previous year; any unspent balance of | 4 | | the 10% weatherization allowance may be utilized for | 5 | | weatherization expenses in the year they are reallocated. The | 6 | | yearly administrative expenses of the
Supplemental Low-Income | 7 | | Energy Assistance Fund may not exceed
13% of the amount | 8 | | collected during that year
pursuant to this Section, except | 9 | | when unspent funds from the Supplemental Low-Income Energy | 10 | | Assistance Fund are reallocated from a previous year; any | 11 | | unspent balance of the 13% administrative allowance may be | 12 | | utilized for administrative expenses in the year they are | 13 | | reallocated. Of the 13% administrative allowance, no less than | 14 | | 8% shall be provided to Local Administrative Agencies for | 15 | | administrative expenses.
| 16 | | (b) Notwithstanding the provisions of Section 16-111
of | 17 | | the Public Utilities Act but subject to subsection (k) of this | 18 | | Section,
each public utility, electric
cooperative, as defined | 19 | | in Section 3.4 of the Electric Supplier Act,
and municipal | 20 | | utility, as referenced in Section 3-105 of the Public | 21 | | Utilities
Act, that is engaged in the delivery of electricity | 22 | | or the
distribution of natural gas within the State of | 23 | | Illinois
shall, effective January 1, 2022,
assess each of
its | 24 | | customer accounts a monthly Energy Assistance Charge for
the | 25 | | Supplemental Low-Income Energy Assistance Fund.
The delivering | 26 | | public utility, municipal electric or gas utility, or electric
|
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| 1 | | or gas
cooperative for a self-assessing purchaser remains | 2 | | subject to the collection of
the
fee imposed by this Section.
| 3 | | The
monthly charge shall be as follows:
| 4 | | (1) Base Energy Assistance Charge per month on each
| 5 | | account for residential electrical service; | 6 | | (2) Base Energy Assistance Charge per month on each
| 7 | | account for residential gas service; | 8 | | (3) Ten times the Base Energy Assistance Charge per
| 9 | | month on each account for non-residential electric
service | 10 | | which had less than 10 megawatts of peak
demand during the | 11 | | previous calendar year; | 12 | | (4) Ten times the Base Energy Assistance Charge per
| 13 | | month on each account for non-residential gas
service | 14 | | which had distributed to it less than
4,000,000 therms of | 15 | | gas during the previous
calendar year; | 16 | | (5) Three hundred and seventy-five times the Base
| 17 | | Energy Assistance Charge per month on each account
for | 18 | | non-residential electric service which had 10
megawatts or | 19 | | greater of peak demand during the
previous calendar year; | 20 | | and | 21 | | (6) Three hundred and seventy-five times the Base
| 22 | | Energy Assistance Charge per month on each account
for | 23 | | non-residential gas service which had
4,000,000 or more | 24 | | therms of gas distributed to it
during the previous | 25 | | calendar year. | 26 | | The Base Energy Assistance Charge shall be $0.48
per month |
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| 1 | | for the calendar year beginning January
1, 2022 and shall | 2 | | increase by $0.16 per month for
any calendar year, provided no | 3 | | less than 80% of the
previous State fiscal year's available
| 4 | | Supplemental Low-Income Energy Assistance Fund
funding was | 5 | | exhausted. The maximum Base Energy
Assistance Charge shall not | 6 | | exceed $0.96 per month
for any calendar year.
| 7 | | The incremental change to such charges imposed by Public | 8 | | Act 99-933 and this amendatory Act of the 102nd General | 9 | | Assembly shall not (i) be used for any purpose other than to | 10 | | directly assist customers and (ii) be applicable to utilities | 11 | | serving less than 100,000 25,000 customers in Illinois on | 12 | | January 1, 2021. The incremental change to such charges | 13 | | imposed by this amendatory Act of the 102nd General Assembly | 14 | | are intended to increase utilization of the Percentage of | 15 | | Income Payment Plan (PIPP or PIP Plan) and shall be applied | 16 | | such that PIP Plan enrollment is at least doubled, as compared | 17 | | to 2020 enrollment, by 2024. | 18 | | In addition, electric and gas utilities have committed, | 19 | | and shall contribute, a one-time payment of $22 million to the | 20 | | Fund, within 10 days after the effective date of the tariffs | 21 | | established pursuant to Sections 16-111.8 and 19-145 of the | 22 | | Public Utilities Act to be used for the Department's cost of | 23 | | implementing the programs described in Section 18 of this | 24 | | amendatory Act of the 96th General Assembly, the Arrearage | 25 | | Reduction Program described in Section 18, and the programs | 26 | | described in Section 8-105 of the Public Utilities Act. If a |
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| 1 | | utility elects not to file a rider within 90 days after the | 2 | | effective date of this amendatory Act of the 96th General | 3 | | Assembly, then the contribution from such utility shall be | 4 | | made no later than February 1, 2010.
| 5 | | (c) For purposes of this Section:
| 6 | | (1) "residential electric service" means
electric | 7 | | utility service for household purposes delivered to a
| 8 | | dwelling of 2 or fewer units which is billed under a
| 9 | | residential rate, or electric utility service for | 10 | | household
purposes delivered to a dwelling unit or units | 11 | | which is billed
under a residential rate and is registered | 12 | | by a separate meter
for each dwelling unit;
| 13 | | (2) "residential gas service" means gas utility
| 14 | | service for household purposes distributed to a dwelling | 15 | | of
2 or fewer units which is billed under a residential | 16 | | rate,
or gas utility service for household purposes | 17 | | distributed to a
dwelling unit or units which is billed | 18 | | under a residential
rate and is registered by a separate | 19 | | meter for each dwelling
unit;
| 20 | | (3) "non-residential electric service" means
electric | 21 | | utility service which is not residential electric
service; | 22 | | and
| 23 | | (4) "non-residential gas service" means gas
utility | 24 | | service which is not residential gas service.
| 25 | | (d) Within 30 days after the effective date of this | 26 | | amendatory Act of the 96th General Assembly, each public
|
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| 1 | | utility engaged in the delivery of electricity or the
| 2 | | distribution of natural gas shall file with the Illinois
| 3 | | Commerce Commission tariffs incorporating the Energy
| 4 | | Assistance Charge in other charges stated in such tariffs, | 5 | | which shall become effective no later than the beginning of | 6 | | the first billing cycle following such filing.
| 7 | | (e) The Energy Assistance Charge assessed by
electric and | 8 | | gas public utilities shall be considered a charge
for public | 9 | | utility service.
| 10 | | (f) By the 20th day of the month following the month in | 11 | | which the charges
imposed by the Section were collected, each | 12 | | public
utility,
municipal utility, and electric cooperative | 13 | | shall remit to the
Department of Revenue all moneys received | 14 | | as payment of the
Energy Assistance Charge on a return | 15 | | prescribed and furnished by the
Department of Revenue showing | 16 | | such information as the Department of Revenue may
reasonably | 17 | | require; provided, however, that a utility offering an | 18 | | Arrearage Reduction Program or Supplemental Arrearage | 19 | | Reduction Program pursuant to Section 18 of this Act shall be | 20 | | entitled to net those amounts necessary to fund and recover | 21 | | the costs of such Programs as authorized by that Section that | 22 | | is no more than the incremental change in such Energy | 23 | | Assistance Charge authorized by Public Act 96-33. If a | 24 | | customer makes a partial payment, a public
utility, municipal
| 25 | | utility, or electric cooperative may elect either: (i) to | 26 | | apply
such partial payments first to amounts owed to the
|
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| 1 | | utility or cooperative for its services and then to payment
| 2 | | for the Energy Assistance Charge or (ii) to apply such partial | 3 | | payments
on a pro-rata basis between amounts owed to the
| 4 | | utility or cooperative for its services and to payment for the
| 5 | | Energy Assistance Charge.
| 6 | | If any payment provided for in this Section exceeds the | 7 | | distributor's liabilities under this Act, as shown on an | 8 | | original return, the Department may authorize the distributor | 9 | | to credit such excess payment against liability subsequently | 10 | | to be remitted to the Department under this Act, in accordance | 11 | | with reasonable rules adopted by the Department. If the | 12 | | Department subsequently determines that all or any part of the | 13 | | credit taken was not actually due to the distributor, the | 14 | | distributor's discount shall be reduced by an amount equal to | 15 | | the difference between the discount as applied to the credit | 16 | | taken and that actually due, and that distributor shall be | 17 | | liable for penalties and interest on such difference. | 18 | | (g) The Department of Revenue shall deposit into the
| 19 | | Supplemental Low-Income Energy Assistance Fund all moneys
| 20 | | remitted to it in accordance with subsection (f) of this
| 21 | | Section. The utilities shall coordinate with the Department to | 22 | | establish an equitable and practical methodology for | 23 | | implementing this subsection (g) beginning with the 2010 | 24 | | program year.
| 25 | | (h) On or before December 31, 2002, the Department shall
| 26 | | prepare a report for the General Assembly on the expenditure |
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| 1 | | of funds
appropriated from the Low-Income Energy Assistance | 2 | | Block Grant Fund for the
program authorized under Section 4 of | 3 | | this Act.
| 4 | | (i) The Department of Revenue may establish such
rules as | 5 | | it deems necessary to implement this Section.
| 6 | | (j) The Department of Commerce and Economic Opportunity
| 7 | | may establish such rules as it deems necessary to implement
| 8 | | this Section.
| 9 | | (k) The charges imposed by this Section shall only apply | 10 | | to customers of
municipal electric or gas utilities and | 11 | | electric or gas cooperatives if
the municipal
electric or gas
| 12 | | utility or electric or gas cooperative makes an affirmative | 13 | | decision to
impose the
charge. If a municipal electric or gas | 14 | | utility or an electric
cooperative makes an affirmative | 15 | | decision to impose the charge provided by
this
Section, the | 16 | | municipal electric or gas utility or electric cooperative | 17 | | shall
inform the
Department of Revenue in writing of such | 18 | | decision when it begins to impose the
charge. If a municipal | 19 | | electric or gas utility or electric or gas
cooperative does | 20 | | not
assess
this charge, the Department may not use funds from | 21 | | the Supplemental Low-Income
Energy Assistance Fund to provide | 22 | | benefits to its customers under the program
authorized by | 23 | | Section 4 of this Act.
| 24 | | In its use of federal funds under this Act, the Department | 25 | | may not cause a
disproportionate share of those federal funds | 26 | | to benefit customers of systems
which do not assess the charge |
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| 1 | | provided by this Section.
| 2 | | This Section is repealed on January 1, 2025
unless
renewed | 3 | | by action of the General Assembly.
| 4 | | (Source: P.A. 102-176, eff. 6-1-22. )
| 5 | | Section 25. The Prevailing Wage Act is amended by changing | 6 | | Section 2 as follows:
| 7 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 8 | | Sec. 2. This Act applies to the wages of laborers, | 9 | | mechanics and
other workers employed in any public works, as | 10 | | hereinafter defined, by
any public body and to anyone under | 11 | | contracts for public works. This includes any maintenance, | 12 | | repair, assembly, or disassembly work performed on equipment | 13 | | whether owned, leased, or rented.
| 14 | | As used in this Act, unless the context indicates | 15 | | otherwise:
| 16 | | "Public works" means all fixed works constructed or | 17 | | demolished by
any public body,
or paid for wholly or in part | 18 | | out of public funds. "Public works" as
defined herein includes | 19 | | all projects financed in whole
or in part with bonds, grants, | 20 | | loans, or other funds made available by or through the State or | 21 | | any of its political subdivisions, including but not limited | 22 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 23 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 24 | | Industrial
Building Revenue Bond Act, the Illinois Finance |
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| 1 | | Authority Act,
the Illinois Sports Facilities Authority Act, | 2 | | or the Build Illinois Bond Act; loans or other funds made
| 3 | | available pursuant to the Build Illinois Act; loans or other | 4 | | funds made available pursuant to the Riverfront Development | 5 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 6 | | Act; or funds from the Fund for
Illinois' Future under Section | 7 | | 6z-47 of the State Finance Act, funds for school
construction | 8 | | under Section 5 of the General Obligation Bond Act, funds
| 9 | | authorized under Section 3 of the School Construction Bond | 10 | | Act, funds for
school infrastructure under Section 6z-45 of | 11 | | the State Finance Act, and funds
for transportation purposes | 12 | | under Section 4 of the General Obligation Bond
Act. "Public | 13 | | works" also includes (i) all projects financed in whole or in | 14 | | part
with funds from the Department of Commerce and Economic | 15 | | Opportunity under the Illinois Renewable Fuels Development | 16 | | Program
Act for which there is no project labor agreement; | 17 | | (ii) all work performed pursuant to a public private agreement | 18 | | under the Public Private Agreements for the Illiana Expressway | 19 | | Act or the Public-Private Agreements for the South Suburban | 20 | | Airport Act; and (iii) all projects undertaken under a | 21 | | public-private agreement under the Public-Private Partnerships | 22 | | for Transportation Act. "Public works" also includes all | 23 | | projects at leased facility property used for airport purposes | 24 | | under Section 35 of the Local Government Facility Lease Act. | 25 | | "Public works" also includes the construction of a new wind | 26 | | power facility by a business designated as a High Impact |
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| 1 | | Business under Section 5.5(a)(3)(E) and the construction of a | 2 | | new utility-scale solar power facility by a business | 3 | | designated as a High Impact Business under Section | 4 | | 5.5(a)(3)(E-5) of the Illinois Enterprise Zone Act. "Public | 5 | | works" also includes electric vehicle charging station | 6 | | projects financed pursuant to the Electric Vehicle Act and | 7 | | renewable energy projects required to pay the prevailing wage | 8 | | pursuant to the Illinois Power Agency Act.
"Public works" does | 9 | | not include work done directly by any public utility company, | 10 | | whether or not done under public supervision or direction, or | 11 | | paid for wholly or in part out of public funds. "Public works" | 12 | | also includes any corrective action performed pursuant to | 13 | | Title XVI of the Environmental Protection Act for which | 14 | | payment from the Underground Storage Tank Fund is requested. | 15 | | "Public works" does not include projects undertaken by the | 16 | | owner at an owner-occupied single-family residence or at an | 17 | | owner-occupied unit of a multi-family residence. "Public | 18 | | works" does not include work performed for soil and water | 19 | | conservation purposes on agricultural lands, whether or not | 20 | | done under public supervision or paid for wholly or in part out | 21 | | of public funds, done directly by an owner or person who has | 22 | | legal control of those lands.
| 23 | | "Construction" means all work on public works involving | 24 | | laborers,
workers or mechanics. This includes any maintenance, | 25 | | repair, assembly, or disassembly work performed on equipment | 26 | | whether owned, leased, or rented.
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| 1 | | "Locality" means the county where the physical work upon | 2 | | public works
is performed, except (1) that if there is not | 3 | | available in the county a
sufficient number of competent | 4 | | skilled laborers, workers and mechanics
to construct the | 5 | | public works efficiently and properly, "locality"
includes any | 6 | | other county nearest the one in which the work or
construction | 7 | | is to be performed and from which such persons may be
obtained | 8 | | in sufficient numbers to perform the work and (2) that, with
| 9 | | respect to contracts for highway work with the Department of
| 10 | | Transportation of this State, "locality" may at the discretion | 11 | | of the
Secretary of the Department of Transportation be | 12 | | construed to include
two or more adjacent counties from which | 13 | | workers may be accessible for
work on such construction.
| 14 | | "Public body" means the State or any officer, board or | 15 | | commission of
the State or any political subdivision or | 16 | | department thereof, or any
institution supported in whole or | 17 | | in part by public funds,
and includes every county, city, | 18 | | town,
village, township, school district, irrigation, utility, | 19 | | reclamation
improvement or other district and every other | 20 | | political subdivision,
district or municipality of the state | 21 | | whether such political
subdivision, municipality or district | 22 | | operates under a special charter
or not.
| 23 | | "Labor organization" means an organization that is the | 24 | | exclusive representative of an
employer's employees recognized | 25 | | or certified pursuant to the National Labor Relations Act. | 26 | | The terms "general prevailing rate of hourly wages", |
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| 1 | | "general
prevailing rate of wages" or "prevailing rate of | 2 | | wages" when used in
this Act mean the hourly cash wages plus | 3 | | annualized fringe benefits for training and
apprenticeship | 4 | | programs approved by the U.S. Department of Labor, Bureau of
| 5 | | Apprenticeship and Training, health and welfare, insurance, | 6 | | vacations and
pensions paid generally, in the
locality in | 7 | | which the work is being performed, to employees engaged in
| 8 | | work of a similar character on public works.
| 9 | | (Source: P.A. 100-1177, eff. 6-1-19 .)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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