SB 25 — SWIMMING FACILITY COLD SPA

to determine what resource portfolio will maintain reliability consistent with RTO obligations;

to minimize cost and meet State and federal environmental law;

and to articulate steps the utility will take to minimize customer costs and consider environmental impacts through changes to its current generation portfolio through construction, procurement, retirement, demand-side programs, or other applicable technology or processes.

(c) As part of the integrated resource plan development process, a utility shall consider all resources reasonably available or reasonably likely to be available during the relevant time period to satisfy the demand for electricity services for a planning period of at least 5 years, taking into account both supply-side and demand-side electric power resources and cost and benefits projections for at least the next 20 years.

(d) A utility may include the results of an all-source request for proposals for generation resources and capacity contracts for delivery beginning within the next 5 years in its integrated resource plan.

If the utility chooses not to SB0025 Enrolled - 7 - LRB104 07069 BAB 17106 b include such results, the utility must provide notice to the utility's ratepayers upon issuance of the integrated resource plan that states why the utility has chosen not to include the results.

A utility also shall include the following, at a minimum, in its integrated resource plan:

(1) A list of all electricity generation facilities owned by the utility, in whole or in part.

For each such facility, the integrated resource plan shall report:

(A) general location;

(B) ownership information, if ownership is shared with another entity;

(C) type of fuel;

(D) the date of commercial operation;

(E) expected useful life;

(F) expected retirement date for any resource expected to retire within the next 8 years, and an explanation of the reason for the retirement;

(G) nameplate, maximum output, and accredited capacity;

(H) total MWh generated at the facility during the previous calendar year;

(I) the date on which the facility is anticipated to be fully depreciated;

and (J) any known and measurable compliance obligations, or compliance obligations reasonably expected to apply within the next 8 years, and an SB0025 Enrolled - 8 - LRB104 07069 BAB 17106 b estimate of reasonably anticipated expenditures intended to meet those obligations.

(2) A list of all power purchase agreements to which the utility is a party, whether as purchaser or seller, including the following, if specified:

the counterparty, general location and type of generation resource providing power per the agreement, date on which the agreement was entered into, duration of the agreement, and the energy and capacity terms of the agreement.

(3) A list of any sale transactions of any capacity to any purchaser.

(4) A list of any demand-side programs and known distributed generation.

(5) A narrative description of all existing transmission facilities owned by the utility, in whole or in part, that identifies anticipated transmission constraints or critical contingencies, and identification of the regional transmission organization, if any, that exercises operational control over the transmission facility.

(6) A description of all transmission investment costs, disaggregated by expenditure, related to interconnection costs and other transmission system upgrades associated with a new generating resource or increased injection rights from an existing generating resource costing greater than $1,000,000 over the term of SB0025 Enrolled - 9 - LRB104 07069 BAB 17106 b the agreement.

(7) A copy of the most recent FERC Form 1 filed by the utility.

If no such FERC Form 1 has been filed, the utility shall provide Form EIA 860, Form EIA 861, Form EIA 412, or information applicable to the utility included in the sections of FERC Form 1 or Form EIA 412 relating to electric operating revenues, sales for resale, electric operating and maintenance expenses, purchased power, common utility plant and expenses, and electric energy accounts for the prior calendar year.

The utility shall not be required to disclose any information required to be protected from disclosure by the regional transmission organizations.

(8) A range of load forecasts for the 5-year planning period that incorporate varying assumptions regarding electrification, economic growth, new regulation, and major new customers, sufficient for capacity planning for the utility.

Such forecasts shall include:

(A) all relevant underlying assumptions;

(B) (i) historical analysis of hourly loads consistent with NERC and regional transmission organization reporting requirements;

(ii) known or projected changes to future loads;

and (iii) growth forecasts and trends by customer class or load type;

(C) analysis of the annual capacity and energy impact of any demand-side programs, and energy SB0025 Enrolled - 10 - LRB104 07069 BAB 17106 b efficiency programs both current and projected;

(D) any reserve margin or other obligations placed on the utility by regional transmission organizations or other entity responsible for reliability standards under State or federal law;

and (E) a comparison of past load forecasts and actual realized load and a brief narrative description of any unforeseen events to which any discrepancy may be attributed.

(9) A 5-year action plan for meeting the forecasted load that reasonably minimizes customer cost taking into account load, fuel price, and regulatory uncertainty, that ensures reliability consistent with RTO obligations, and meets State and federal environmental law.

As part of the action plan, the utility shall:

(A) Identify any generation or storage resources reasonably anticipated to be removed from service in the 5 years following the date on which the integrated resource plan is due to be completed.

(B) Determine whether given forecasted load growth or unit retirements, or both, the utility will need to procure additional accredited capacity and energy, and provide a quantitative estimate of any such gap between forecasted load and supply-side resources.

(C) Provide a narrative description of the utility's process for evaluating possible resources to SB0025 Enrolled - 11 - LRB104 07069 BAB 17106 b secure additional needed capacity and energy.

(D) Provide a narrative description of the utility's processes for assessing the economic value of existing generation;

and consistent with these processes, explain whether any currently operating units could be replaced by other resources at lower cost to ratepayers while maintaining reliability.

(E) Identify a preferred portfolio of generation resources, which may include storage, and demand-side programs that, in the utility's judgment, meets its forecasted load and complies with State and federal environmental law, while minimizing ratepayer cost to the extent reasonably achievable in the planning period covered by the action plan.

The portfolio shall incorporate any accredited capacity or other reliability requirements of any regional transmission organization of which the utility is a member.

(F) Describe any anticipated capital expenditures by the utility in excess of $1,000,000 at existing generation facilities and the reason for such expenditures.

(10) A description of all models and methodologies used in performing the integrated resource planning process.

The utility shall provide, to any member of a joint action agency or member of a generation and transmission electric cooperative, reasonable access to SB0025 Enrolled - 12 - LRB104 07069 BAB 17106 b computer models used in the analysis that are not proprietary to the owner of the model, such as software that cannot be used without a licensing agreement, or otherwise subject to confidentiality by the modeler.

(e) As part of the initial integrated resource plan, the utility shall identify all programs, grants, loans, or tax benefits for which the utility has applied for or plans to apply for pursuant to the federal Inflation Reduction Act of 2022 and shall state whether the utility has applied for or otherwise used the program, grant, loan, or tax benefit.

(f) Each utility shall consider and include, as part of its integrated resource plan, technically feasible least-cost portfolio scenarios, consistent with RTO reliability obligations, for constructing or procuring renewable energy resources to meet 40% of its energy needs by 2030, meeting the emissions reductions requirements under Public Act 102-662, and supplying 100% of its total projected load through carbon-free resources in combination with storage resources and demand-side programs by 2045.

Section 1-20.

Stakeholder process for municipal power agencies and municipalities.

Prior to the issuance of a final integrated resource plan, a municipal power agency or municipality required to prepare and issue an integrated resource plan shall hold one or more stakeholder meetings open to the municipal power agency's or municipality's ratepayers SB0025 Enrolled - 13 - LRB104 07069 BAB 17106 b and members of the public before it issues a preliminary integrated resource plan and one or more such stakeholder meetings after the preliminary integrated resource plan is issued.

Notice of the meetings shall be posted to the municipal power agency's or municipality's website and notice of the initial meeting to customers through the normal billing process not less than 30 days prior to the initial meeting, and any municipality planning to adopt a municipal power agency's final integrated resource plan shall post the notice to its website or a link to the notice on the municipality's website and provide notice of the municipal power agency's initial meeting to customers through the normal billing process not less than 30 days prior to the initial meeting.

During the first meeting the municipal power agency or municipality shall describe its proposed processes for developing the integrated resource plan and its core assumptions and constraints.

In subsequent meetings, either before or after the preliminary integrated resource plan is issued, the municipal power agency or municipality shall present its proposed preferred portfolio, and describe any planned retirements, capital expenditures on existing generation resources likely to exceed $1,000,000, and planned construction.

Each meeting shall provide opportunity for meaningful public engagement including reasonable time to ask questions, have those questions answered, and to provide public comment.

Meetings shall be SB0025 Enrolled - 14 - LRB104 07069 BAB 17106 b held at times accessible for working residents and shall be recorded, and the municipal power agency or municipality may consider language interpretation needs for non-English speaking ratepayers in areas with a significant proportion of non-English speaking residents.

Following the meeting, the municipal power agency or municipality shall provide attendees with a reasonable means of providing public comment in writing and of accessing the recording.

Section 1-25.

Procedures for preliminary and final integrated resource plans for municipal power agencies and municipalities.

(a) Each municipal power agency or municipality shall issue its preliminary integrated resource plan, as set forth in this Act, and post it publicly to the website maintained by the municipal power agency or municipality by January 1, 12 months following the date of the calendar year for which the planning is required to begin.

Any municipality planning to adopt a municipal power agency's final integrated resource plan shall post the preliminary integrated resource plan publicly to its website or a link to it on the municipality's website.

(b) The municipal power agency or municipality shall facilitate public comment on the preliminary integrated resource plan, as follows:

(1) upon issuance of the preliminary integrated SB0025 Enrolled - 15 - LRB104 07069 BAB 17106 b resource plan, the municipal power agency or municipality and any municipality planning to adopt a municipal power agency's final integrated resource plan shall post the preliminary integrated resource plan or a link to it publicly on its website.

The plan shall remain publicly accessible for at least 60 days;

(2) the municipal power agency or municipality shall hold one or more public meetings, in person with remote access, where it shall make a representative available to address questions about the preliminary integrated resource plan.

The meetings shall be held no sooner than 15 days, and no later than 45 days, after the preliminary integrated resource plan is made available to the public;

(3) the municipal power agency or municipality shall accept public comments on the preliminary integrated resource plan for 30 days following its public posting via website, email, or mail.

The municipal power agency or municipality may extend this public comment period by an additional 30 days upon request by ratepayers of the municipal power agency or municipality or any entity that plans to adopt the municipal power agency's or municipality's final integrated resource plan;

and (4) The municipal power agency or municipality shall review public comments and provide responses that reasonably address all relevant issues or questions raised by such comments.

The municipal power agency or SB0025 Enrolled - 16 - LRB104 07069 BAB 17106 b municipality may modify its preliminary integrated resource plan in response to these comments.

The municipal power agency or municipality shall prepare a document with responses to public comments and submit this response document to the Agency no later than 90 days after the close of the comment period.

This response document shall be posted publicly on the municipality's or municipal power agency's websites, as relevant, and on the website of the Illinois Power Agency's website along with the preliminary integrated resource plan, as submitted, and any revisions made by the municipal power agency or municipality in response to public comments.

(c) The Illinois Power Agency shall maintain public access to all integrated resource plans submitted pursuant to this Act, accessible through the Illinois Power Agency's website, for no less than 10 years following each integrated resource plan's initial submission.

Section 1-27.

Member input and process for electric cooperatives completing an integrated resource plan.

(a) Each electric cooperative completing an integrated resource plan shall post its preliminary integrated resource plan on its website no later than 60 days after completion of the preliminary integrated resource plan.

Any distribution electric cooperative intending to adopt a generation and transmission cooperative's integrated resource plan pursuant SB0025 Enrolled - 17 - LRB104 07069 BAB 17106 b to Section 1-15 of this Act must also post the preliminary integrated resource plan or a link to the preliminary integrated resource plan on its own website.

The preliminary integrated resource plan must remain publicly accessible for at least 60 days.

(b) After posting the preliminary integrated resource plan, but before completion of a final integrated resource plan, an electric cooperative preparing such a plan shall hold at least one meeting open to its members, including members of any member distribution cooperative and any other electric cooperative adopting the integrated resource plan.

An electric cooperative intending to adopt the integrated resource plan pursuant to Section 1-15 of this Act may, but is not required to, hold its own meeting.

If all other provisions of Section 1-15 are met, an electric cooperative may utilize its annual meeting of members to comply with the meeting requirements set forth in this Section.

(c) Notice of any meeting held pursuant to this Section shall be posted on the website of any electric cooperative whose members are eligible to attend the meeting and, if applicable, provided to members through the electric cooperative's normal billing process or regular communication channel, at least 30 days prior to the meeting.

An electric cooperative intending to adopt the integrated resource plan pursuant to Section 1-15 of this Act shall post the meeting notice on its own website and notify members using the same SB0025 Enrolled - 18 - LRB104 07069 BAB 17106 b timeline and methods.

(d) Each meeting shall provide an opportunity for meaningful member participation, including sufficient time for members to submit comments, ask questions, and receive responses.

Meetings shall be held at times convenient for working members.

The electric cooperative may consider language interpretation needs for non-English speaking members in areas with a significant non-English speaking population.

At a minimum, the electric cooperative shall present the following information at the meeting:

(1) the purpose and process of developing an integrated resource plan;

(2) the electric cooperative's process for developing the integrated resource plan;

(3) the assumptions and scenarios considered by the electric cooperative;

(4) an overview of supply and demand size resources used to meet energy and capacity needs;

and (5) historical energy and capacity data, along with assumptions regarding future load changes.

(e) Following the meeting, the electric cooperative shall provide a reasonable opportunity for members to submit written comments for at least 30 days.

The electric cooperative shall review written comments and prepare a response document that summarizes and addresses relevant member comments.

The electric cooperative shall post the response document on its SB0025 Enrolled - 19 - LRB104 07069 BAB 17106 b website within 90 days after the close of the comment period.

The electric cooperative may modify its preliminary integrated resource plan in response to comments.

If the electric cooperative revises its preliminary integrated resource plan in response to comments, it shall post the modified preliminary integrated resource plan on its website.

(f) The Illinois Power Agency shall maintain a copy or a link to an electric cooperative's integrated resource plan completed pursuant to this Act on the Agency's website, for at least 10 years from the date of each plan's initial submission.

(g) An electric cooperative completing an integrated resource plan may select their own consulting firm, complete internally, or select a prequalified consulting firm from the list maintained by the Agency.

Section 1-30.

IRP prequalified consulting firm list.

(a) The Illinois Power Agency shall maintain a list of qualified consulting firms for the purpose of developing integrated resource plans on behalf of the utility.

In order to prequalify a consulting firm must have:

(1) direct previous experience preparing integrated resource plans for utilities;

assembling power supply plans or portfolios for utilities;

(2) one or more employees with an advanced degree in economics, mathematics, engineering, risk management, or a SB0025 Enrolled - 20 - LRB104 07069 BAB 17106 b related area of study;

(3) 10 years of experience in the electricity sector;

(4) expertise in wholesale electricity market rules, market planning, market development, and market modeling.

This includes, but is not limited to, expertise in current and ongoing FERC Order implementation into RTO markets, RTO governing documents, including, but not limited to, transmission planning processes, and resource planning;

(5) expertise in wholesale electricity market rules, including those established by the federal Energy Regulatory Commission and regional transmission organizations;

and (6) adequate resources to perform and fulfill the required functions and responsibilities.

(b) No later than January 1, 2026 or the effective date of this Act, whichever is later, the Illinois Power Agency shall issue a Request for Information seeking responses from consulting firms.

Responses will be due within 45 days of that issuance.

The Agency will review responses and within 45 days produce a list of prequalified consulting firms that the Agency determines meet all of the prequalification requirements contained in subsection (a) of this Section.

A firm determined not to meet the requirements may request to submit additional information to the Agency for reconsideration.

If the Agency subsequently determines a firm meets the requirements, the Agency shall add the firm to the SB0025 Enrolled - 21 - LRB104 07069 BAB 17106 b list.

The list will be updated as additional consulting firms request to be added to the list and the Agency determines they meet the requirements contained in subsection (a) of this Section 1-30.

The Agency shall not arbitrarily or capriciously deny inclusion to any qualified vendor that satisfies the minimum qualifications set forth in this Section 1-30.

(c) The Illinois Power Agency shall publish the list of prequalified consulting firms on its website.

Upon request, the Agency shall also provide each prequalified consulting firm's response to the Request for Information to the affected utility.

(d) A utility required to submit an integrated resource plan may select a consulting firm on the Agency's list of prequalified consulting firms to develop the integrated resource plan and support stakeholder processes.

(e) The utility may apply for funding to offset its costs for its integrated resource plan through the Small Utility Clean Energy Planning Grant Program offered through the Illinois Finance Authority in its role as Climate Bank for the State of Illinois, subject to funding availability or subject to appropriation, and in accordance with program requirements and limitations.

Section 1-32.

Planning purposes of an integrated resource plan.

SB0025 Enrolled - 22 - LRB104 07069 BAB 17106 b (a) Nothing in this Act shall be construed to alter any regulatory authority or jurisdiction of any State agency with respect to any municipal power agency, municipality, or cooperative.

(b) The submission, posting, or publication of an integrated resource plan pursuant to this Act shall not create any binding obligation, commitment, or duty upon the municipal power agency, municipality, or electric cooperative regarding the construction, retirement, or operation of any facility, or the procurement of any resource.

(c) Nothing in this Act shall be construed to create a private right of action to enforce its provisions.

Section 1-90.

The Open Meetings Act is amended by changing Section 2 as follows:

(5 ILCS 120/2) (from Ch.

102, par.

42) Sec.

2.

Open meetings.

(a) Openness required.

All meetings of public bodies shall be open to the public unless excepted in subsection (c) and closed in accordance with Section 2a.

(b) Construction of exceptions.

The exceptions contained in subsection (c) are in derogation of the requirement that public bodies meet in the open, and therefore, the exceptions are to be strictly construed, extending only to subjects clearly within their scope.

The exceptions authorize but do SB0025 Enrolled - 23 - LRB104 07069 BAB 17106 b not require the holding of a closed meeting to discuss a subject included within an enumerated exception.

(c) Exceptions.

A public body may hold closed meetings to consider the following subjects:

(1) The appointment, employment, compensation, discipline, performance, or dismissal of specific employees, specific individuals who serve as independent contractors in a park, recreational, or educational setting, or specific volunteers of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee, a specific individual who serves as an independent contractor in a park, recreational, or educational setting, or a volunteer of the public body or against legal counsel for the public body to determine its validity.

However, a meeting to consider an increase in compensation to a specific employee of a public body that is subject to the Local Government Wage Increase Transparency Act may not be closed and shall be open to the public and posted and held in accordance with this Act.

(2) Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees.

(3) The selection of a person to fill a public office, as defined in this Act, including a vacancy in a public SB0025 Enrolled - 24 - LRB104 07069 BAB 17106 b office, when the public body is given power to appoint under law or ordinance, or the discipline, performance or removal of the occupant of a public office, when the public body is given power to remove the occupant under law or ordinance.

(4) Evidence or testimony presented in open hearing, or in closed hearing where specifically authorized by law, to a quasi-adjudicative body, as defined in this Act, provided that the body prepares and makes available for public inspection a written decision setting forth its determinative reasoning.

(4.5) Evidence or testimony presented to a school board regarding denial of admission to school events or property pursuant to Section 24-24 of the School Code, provided that the school board prepares and makes available for public inspection a written decision setting forth its determinative reasoning.

(5) The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired.

(6) The setting of a price for sale or lease of property owned by the public body.

(7) The sale or purchase of securities, investments, or investment contracts.

This exception shall not apply to the investment of assets or income of funds deposited into SB0025 Enrolled - 25 - LRB104 07069 BAB 17106 b the Illinois Prepaid Tuition Trust Fund.

(8) Security procedures, school building safety and security, and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property.

(9) Student disciplinary cases.

(10) The placement of individual students in special education programs and other matters relating to individual students.

(11) Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting.

(12) The establishment of reserves or settlement of claims as provided in the Local Governmental and Governmental Employees Tort Immunity Act, if otherwise the disposition of a claim or potential claim might be prejudiced, or the review or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to any insurer of the public body or any intergovernmental risk management association or self insurance pool of which the public SB0025 Enrolled - 26 - LRB104 07069 BAB 17106 b body is a member.

(13) Conciliation of complaints of discrimination in the sale or rental of housing, when closed meetings are authorized by the law or ordinance prescribing fair housing practices and creating a commission or administrative agency for their enforcement.

(14) Informant sources, the hiring or assignment of undercover personnel or equipment, or ongoing, prior or future criminal investigations, when discussed by a public body with criminal investigatory responsibilities.

(15) Professional ethics or performance when considered by an advisory body appointed to advise a licensing or regulatory agency on matters germane to the advisory body's field of competence.

(16) Self evaluation, practices and procedures or professional ethics, when meeting with a representative of a statewide association of which the public body is a member.

(17) The recruitment, credentialing, discipline or formal peer review of physicians or other health care professionals, or for the discussion of matters protected under the federal Patient Safety and Quality Improvement Act of 2005, and the regulations promulgated thereunder, including 42 C.F.R.

Part 3 (73 FR 70732), or the federal Health Insurance Portability and Accountability Act of 1996, and the regulations promulgated thereunder, SB0025 Enrolled - 27 - LRB104 07069 BAB 17106 b including 45 C.F.R.

Parts 160, 162, and 164, by a hospital, or other institution providing medical care, that is operated by the public body.

(18) Deliberations for decisions of the Prisoner Review Board.

(19) Review or discussion of applications received under the Experimental Organ Transplantation Procedures Act.

(20) The classification and discussion of matters classified as confidential or continued confidential by the State Government Suggestion Award Board.

(21) Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06.

(22) Deliberations for decisions of the State Emergency Medical Services Disciplinary Review Board.

(23) The operation by a municipality of a municipal utility or the operation of a municipal power agency or municipal natural gas agency when the discussion involves:

(i) trade secrets or commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged, or confidential, and that disclosure of the trade secrets or commercial or financial information would cause SB0025 Enrolled - 28 - LRB104 07069 BAB 17106 b competitive harm to the person or business;

or commercially sensitive information contained in offers to buy or sell made in the competitive markets of a regional transmission organization;

and only insofar as the discussion relates directly to such trade secrets or information;

(ii) physical or cybersecurity of facilities or materials designated as Critical Energy/Electric Infrastructure Information under federal law or regulation;

or (iii) ongoing contract negotiations or results of a request for proposals relating to the purchase, sale, or delivery of electricity or natural gas from nonaffiliate entities;

provided however, the municipality, municipal power agency, or municipal natural gas agency shall hold at least one public meeting as to any contract discussed in whole or in part in closed session prior to final action on the contract.

(i) contracts relating to the purchase, sale, or delivery of electricity or natural gas or (ii) the results or conclusions of load forecast studies.

(24) Meetings of a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(25) Meetings of an independent team of experts under Brian's Law.

(26) Meetings of a mortality review team appointed SB0025 Enrolled - 29 - LRB104 07069 BAB 17106 b under the Department of Juvenile Justice Mortality Review Team Act.

(27) (Blank).

(28) Correspondence and records (i) that may not be disclosed under Section 11-9 of the Illinois Public Aid Code or (ii) that pertain to appeals under Section 11-8 of the Illinois Public Aid Code.

(29) Meetings between internal or external auditors and governmental audit committees, finance committees, and their equivalents, when the discussion involves internal control weaknesses, identification of potential fraud risk areas, known or suspected frauds, and fraud interviews conducted in accordance with generally accepted auditing standards of the United States of America.

(30) (Blank).

(31) Meetings and deliberations for decisions of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act.

(32) Meetings between the Regional Transportation Authority Board and its Service Boards when the discussion involves review by the Regional Transportation Authority Board of employment contracts under Section 28d of the Metropolitan Transit Authority Act and Sections 3A.18 and 3B.26 of the Regional Transportation Authority Act.

(33) Those meetings or portions of meetings of the advisory committee and peer review subcommittee created SB0025 Enrolled - 30 - LRB104 07069 BAB 17106 b under Section 320 of the Illinois Controlled Substances Act during which specific controlled substance prescriber, dispenser, or patient information is discussed.

(34) Meetings of the Tax Increment Financing Reform Task Force under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.

(35) Meetings of the group established to discuss Medicaid capitation rates under Section 5-30.8 of the Illinois Public Aid Code.

(36) Those deliberations or portions of deliberations for decisions of the Illinois Gaming Board in which there is discussed any of the following:

(i) personal, commercial, financial, or other information obtained from any source that is privileged, proprietary, confidential, or a trade secret;

or (ii) information specifically exempted from the disclosure by federal or State law.

(37) Deliberations for decisions of the Illinois Law Enforcement Training Standards Board, the Certification Review Panel, and the Illinois State Police Merit Board regarding certification and decertification.

(38) Meetings of the Ad Hoc Statewide Domestic Violence Fatality Review Committee of the Illinois Criminal Justice Information Authority Board that occur in closed executive session under subsection (d) of Section 35 of the Domestic Violence Fatality Review Act.

(39) Meetings of the regional review teams under SB0025 Enrolled - 31 - LRB104 07069 BAB 17106 b subsection (a) of Section 75 of the Domestic Violence Fatality Review Act.

(40) Meetings of the Firearm Owner's Identification Card Review Board under Section 10 of the Firearm Owners Identification Card Act.

(d) Definitions.

For purposes of this Section:

"Employee" means a person employed by a public body whose relationship with the public body constitutes an employer-employee relationship under the usual common law rules, and who is not an independent contractor.

"Public office" means a position created by or under the Constitution or laws of this State, the occupant of which is charged with the exercise of some portion of the sovereign power of this State.

The term "public office" shall include members of the public body, but it shall not include organizational positions filled by members thereof, whether established by law or by a public body itself, that exist to assist the body in the conduct of its business.

"Quasi-adjudicative body" means an administrative body charged by law or ordinance with the responsibility to conduct hearings, receive evidence or testimony and make determinations based thereon, but does not include local electoral boards when such bodies are considering petition challenges.

(e) Final action.

No final action may be taken at a closed meeting.

Final action shall be preceded by a public recital of SB0025 Enrolled - 32 - LRB104 07069 BAB 17106 b the nature of the matter being considered and other information that will inform the public of the business being conducted.

(Source:

P.A.

102-237, eff.

1-1-22;

102-520, eff.

8-20-21;

102-558, eff.

8-20-21;

102-813, eff.

5-13-22;

103-311, eff.

7-28-23;

103-626, eff.

1-1-25.) Section 1-95.

The Public Utilities Act is amended by changing Section 8-406 as follows:

(220 ILCS 5/8-406) (from Ch.

111 2/3, par.

8-406) Sec.

8-406.

Certificate of public convenience and necessity.

(a) No public utility not owning any city or village franchise nor engaged in performing any public service or in furnishing any product or commodity within this State as of July 1, 1921 and not possessing a certificate of public convenience and necessity from the Illinois Commerce Commission, the State Public Utilities Commission, or the Public Utilities Commission, at the time Public Act 84-617 goes into effect (January 1, 1986), shall transact any business in this State until it shall have obtained a certificate from the Commission that public convenience and necessity require the transaction of such business.

A certificate of public convenience and necessity requiring the transaction of public utility business in any area of this SB0025 Enrolled - 33 - LRB104 07069 BAB 17106 b State shall include authorization to the public utility receiving the certificate of public convenience and necessity to construct such plant, equipment, property, or facility as is provided for under the terms and conditions of its tariff and as is necessary to provide utility service and carry out the transaction of public utility business by the public utility in the designated area.

(b) No public utility shall begin the construction of any new plant, equipment, property, or facility which is not in substitution of any existing plant, equipment, property, or facility, or any extension or alteration thereof or in addition thereto, unless and until it shall have obtained from the Commission a certificate that public convenience and necessity require such construction.

Whenever after a hearing the Commission determines that any new construction or the transaction of any business by a public utility will promote the public convenience and is necessary thereto, it shall have the power to issue certificates of public convenience and necessity.

The Commission shall determine that proposed construction will promote the public convenience and necessity only if the utility demonstrates:

(1) that the proposed construction is necessary to provide adequate, reliable, and efficient service to its customers and is the least-cost means of satisfying the service needs of its customers or that the proposed construction will promote the development of an effectively competitive electricity market that operates SB0025 Enrolled - 34 - LRB104 07069 BAB 17106 b efficiently, is equitable to all customers, and is the least-cost least cost means of satisfying those objectives;

(2) that the utility is capable of efficiently managing and supervising the construction process and has taken sufficient action to ensure adequate and efficient construction and supervision thereof;

and (3) that the utility is capable of financing the proposed construction without significant adverse financial consequences for the utility or its customers.

(b-5) As used in this subsection (b-5):

"Qualifying direct current applicant" means an entity that seeks to provide direct current bulk transmission service for the purpose of transporting electric energy in interstate commerce.

"Qualifying direct current project" means a high voltage direct current electric service line that crosses at least one Illinois border, the Illinois portion of which is physically located within the region of the Midcontinent Independent System Operator, Inc., or its successor organization, and runs through the counties of Pike, Scott, Greene, Macoupin, Montgomery, Christian, Shelby, Cumberland, and Clark, is capable of transmitting electricity at voltages of 345 kilovolts or above, and may also include associated interconnected alternating current interconnection facilities in this State that are part of the proposed project and reasonably necessary to connect the project with other SB0025 Enrolled - 35 - LRB104 07069 BAB 17106 b portions of the grid.

Notwithstanding any other provision of this Act, a qualifying direct current applicant that does not own, control, operate, or manage, within this State, any plant, equipment, or property used or to be used for the transmission of electricity at the time of its application or of the Commission's order may file an application on or before December 31, 2023 with the Commission pursuant to this Section or Section 8-406.1 for, and the Commission may grant, a certificate of public convenience and necessity to construct, operate, and maintain a qualifying direct current project.

The qualifying direct current applicant may also include in the application requests for authority under Section 8-503.

The Commission shall grant the application for a certificate of public convenience and necessity and requests for authority under Section 8-503 if it finds that the qualifying direct current applicant and the proposed qualifying direct current project satisfy the requirements of this subsection and otherwise satisfy the criteria of this Section or Section 8-406.1 and the criteria of Section 8-503, as applicable to the application and to the extent such criteria are not superseded by the provisions of this subsection.

The Commission's order on the application for the certificate of public convenience and necessity shall also include the Commission's findings and determinations on the request or requests for authority pursuant to Section 8-503.

Prior to SB0025 Enrolled - 36 - LRB104 07069 BAB 17106 b filing its application under either this Section or Section 8-406.1, the qualifying direct current applicant shall conduct 3 public meetings in accordance with subsection (h) of this Section.

If the qualifying direct current applicant demonstrates in its application that the proposed qualifying direct current project is designed to deliver electricity to a point or points on the electric transmission grid in either or both the PJM Interconnection, LLC or the Midcontinent Independent System Operator, Inc., or their respective successor organizations, the proposed qualifying direct current project shall be deemed to be, and the Commission shall find it to be, for public use.

If the qualifying direct current applicant further demonstrates in its application that the proposed transmission project has a capacity of 1,000 megawatts or larger and a voltage level of 345 kilovolts or greater, the proposed transmission project shall be deemed to satisfy, and the Commission shall find that it satisfies, the criteria stated in item (1) of subsection (b) of this Section or in paragraph (1) of subsection (f) of Section 8-406.1, as applicable to the application, without the taking of additional evidence on these criteria.

Prior to the transfer of functional control of any transmission assets to a regional transmission organization, a qualifying direct current applicant shall request Commission approval to join a regional transmission organization in an application filed pursuant to this subsection (b-5) or separately pursuant to Section 7-102 SB0025 Enrolled - 37 - LRB104 07069 BAB 17106 b of this Act.

The Commission may grant permission to a qualifying direct current applicant to join a regional transmission organization if it finds that the membership, and associated transfer of functional control of transmission assets, benefits Illinois customers in light of the attendant costs and is otherwise in the public interest.

Nothing in this subsection (b-5) requires a qualifying direct current applicant to join a regional transmission organization.

Nothing in this subsection (b-5) requires the owner or operator of a high voltage direct current transmission line that is not a qualifying direct current project to obtain a certificate of public convenience and necessity to the extent it is not otherwise required by this Section 8-406 or any other provision of this Act.

(c) As used in this subsection (c):

"Decommissioning" has the meaning given to that term in subsection (a) of Section 8-508.1.

"Nuclear power reactor" has the meaning given to that term in Section 8 of the Nuclear Safety Law of 2004.

After the effective date of this amendatory Act of the 103rd General Assembly, no construction shall commence on any new nuclear power reactor with a nameplate capacity of more than 300 megawatts of electricity to be located within this State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Commission, until the Illinois Emergency Management Agency and SB0025 Enrolled - 38 - LRB104 07069 BAB 17106 b Office of Homeland Security, in consultation with the Illinois Environmental Protection Agency and the Illinois Department of Natural Resources, finds that the United States Government, through its authorized agency, has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly.

Beginning January 1, 2026, construction may commence on a new nuclear power reactor with a nameplate capacity of 300 megawatts of electricity or less within this State if the entity constructing the new nuclear power reactor has obtained all permits, licenses, permissions, or approvals governing the construction, operation, and funding of decommissioning of such nuclear power reactors required by:

(1) this Act;

(2) any rules adopted by the Illinois Emergency Management Agency and Office of Homeland Security under the authority of this Act;

(3) any applicable federal statutes, including, but not limited to, the Atomic Energy Act of 1954, the Energy Reorganization Act of 1974, the Low-Level Radioactive Waste Policy Amendments Act of 1985, and the Energy Policy Act of 1992;

(4) any regulations promulgated or enforced by the U.S.

Nuclear Regulatory Commission, including, but not limited to, those codified at Title X, Parts 20, 30, 40, 50, 70, and 72 of the Code of Federal Regulations, as from time to time amended;

and (5) any other federal or State statute, rule, or regulation governing the permitting, licensing, operation, or SB0025 Enrolled - 39 - LRB104 07069 BAB 17106 b decommissioning of such nuclear power reactors.

None of the rules developed by the Illinois Emergency Management Agency and Office of Homeland Security or any other State agency, board, or commission pursuant to this Act shall be construed to supersede the authority of the U.S.

Nuclear Regulatory Commission.

The changes made by this amendatory Act of the 103rd General Assembly shall not apply to the uprate, renewal, or subsequent renewal of any license for an existing nuclear power reactor that began operation prior to the effective date of this amendatory Act of the 103rd General Assembly.

None of the changes made in this amendatory Act of the 104th General Assembly this amendatory Act of the 103rd General Assembly are intended to authorize the construction of nuclear power plants powered by nuclear power reactors that are not either:

(1) small modular nuclear reactors;

or (2) nuclear power reactors licensed by the U.S.

Nuclear Regulatory Commission to operate in this State prior to the effective date of this amendatory Act of the 103rd General Assembly.

(d) In making its determination under subsection (b) of this Section, the Commission shall attach primary weight to the cost or cost savings to the customers of the utility.

The Commission may consider any or all factors which will or may affect such cost or cost savings, including the public utility's engineering judgment regarding the materials used for construction.

(e) The Commission may issue a temporary certificate which SB0025 Enrolled - 40 - LRB104 07069 BAB 17106 b shall remain in force not to exceed one year in cases of emergency, to assure maintenance of adequate service or to serve particular customers, without notice or hearing, pending the determination of an application for a certificate, and may by regulation exempt from the requirements of this Section temporary acts or operations for which the issuance of a certificate will not be required in the public interest.

A public utility shall not be required to obtain but may apply for and obtain a certificate of public convenience and necessity pursuant to this Section with respect to any matter as to which it has received the authorization or order of the Commission under the Electric Supplier Act, and any such authorization or order granted a public utility by the Commission under that Act shall as between public utilities be deemed to be, and shall have except as provided in that Act the same force and effect as, a certificate of public convenience and necessity issued pursuant to this Section.

No electric cooperative shall be made or shall become a party to or shall be entitled to be heard or to otherwise appear or participate in any proceeding initiated under this Section for authorization of power plant construction and as to matters as to which a remedy is available under the Electric Supplier Act.

(f) Such certificates may be altered or modified by the Commission, upon its own motion or upon application by the person or corporation affected.

Unless exercised within a SB0025 Enrolled - 41 - LRB104 07069 BAB 17106 b period of 2 years from the grant thereof, authority conferred by a certificate of convenience and necessity issued by the Commission shall be null and void.

No certificate of public convenience and necessity shall be construed as granting a monopoly or an exclusive privilege, immunity or franchise.

(g) A public utility that undertakes any of the actions described in items (1) through (3) of this subsection (g) or that has obtained approval pursuant to Section 8-406.1 of this Act shall not be required to comply with the requirements of this Section to the extent such requirements otherwise would apply.

For purposes of this Section and Section 8-406.1 of this Act, "high voltage electric service line" means an electric line having a design voltage of 69,000 100,000 or more.

For purposes of this subsection (g), a public utility may do any of the following:

(1) replace or upgrade any existing high voltage electric service line and related facilities, notwithstanding its length or, subject to applicable Article VII requirements, ownership;

(2) relocate any existing high voltage electric service line and related facilities, notwithstanding its length, to accommodate construction or expansion of a roadway or other transportation infrastructure;

or (3) construct a high voltage electric service line and related facilities that is constructed solely to serve a SB0025 Enrolled - 42 - LRB104 07069 BAB 17106 b single customer's premises or to provide a generator interconnection to the public utility's transmission system and that will (i) pass under or over the premises owned by the customer or generator to be served;

(ii) pass or under or over premises for which the customer or generator has secured the necessary right of way right-of-way;

or (iii) be multi-circuited with the facilities of the public utility.

(h) A public utility seeking to construct a high-voltage electric service line and related facilities (Project) must show that the utility has held a minimum of 2 pre-filing public meetings to receive public comment concerning the Project in each county where the Project is to be located, no earlier than 6 months prior to filing an application for a certificate of public convenience and necessity from the Commission.

Notice of the public meeting shall be published in a newspaper of general circulation within the affected county once a week for 3 consecutive weeks, beginning no earlier than one month prior to the first public meeting.

If the Project traverses 2 contiguous counties and where in one county the transmission line mileage and number of landowners over whose property the proposed route traverses is one-fifth or less of the transmission line mileage and number of such landowners of the other county, then the utility may combine the 2 pre-filing meetings in the county with the greater transmission line mileage and affected landowners.

All other requirements SB0025 Enrolled - 43 - LRB104 07069 BAB 17106 b regarding pre-filing meetings shall apply in both counties.

Notice of the public meeting, including a description of the Project, must be provided in writing to the clerk of each county where the Project is to be located.

A representative of the Commission shall be invited to each pre-filing public meeting.

(h-5) A public utility seeking to construct a high-voltage electric service line and related facilities must also show that the Project has complied with training and competence requirements under subsection (b) of Section 15 of the Electric Transmission Systems Construction Standards Act.

(i) For applications filed after August 18, 2015 (the effective date of Public Act 99-399), the Commission shall, by certified mail, notify each owner of record of land, as identified in the records of the relevant county tax assessor, included in the right-of-way over which the utility seeks in its application to construct a high-voltage electric line of the time and place scheduled for the initial hearing on the public utility's application.

The utility shall reimburse the Commission for the cost of the postage and supplies incurred for mailing the notice.

(j) In determining whether to issue a certificate of public convenience for a new electric generation facility to a municipal power agency that is required to obtain such a certificate to exercise its power of eminent domain pursuant to Section 11-119.1-10 of the Illinois Municipal Code, the SB0025 Enrolled - 44 - LRB104 07069 BAB 17106 b Commission shall give due consideration to whether a generation unit of similar size and type is part of the municipal power agency's preferred portfolio or least-cost plan for achieving renewable energy goals in its most recent integrated resource plan, as described in subsection (d) of Section 1-15 of the Municipal and Cooperative Electric Utility Transparent Planning Act.

(Source:

P.A.

102-609, eff.

8-27-21;

102-662, eff.

9-15-21;

102-813, eff.

5-13-22;

102-931, eff.

5-27-22;

103-569, eff.

6-1-24;

103-1066, eff.

2-20-25.) Section 1-100.

The General Not For Profit Corporation Act of 1986 is amended by adding Section 108.22 as follows:

(805 ILCS 105/108.22 new) Sec.

108.22.

Distribution electric cooperatives.

(a) A distribution electric cooperative, as that term is used in the Electric Supplier Act, shall maintain a publicly accessible website and shall post the following documents and information on its website:

(1) The current bylaws.

(2) A schedule of all regular meetings, posted annually and updated as necessary.

(3) Planned agendas for all regular and special board meetings.

(4) Minutes of the regular session of each board SB0025 Enrolled - 45 - LRB104 07069 BAB 17106 b meeting, posted within 30 days of their approval.

(5) A description of the director election process, including:

(A) eligibility requirements for director candidates;

(B) nomination procedures;

(C) voting methods and member instructions;

and (D) election timelines and deadlines.

(b) A distribution electric cooperative may include in its bylaws procedures for accepting votes cast by mail or through secure online voting platforms.

(c) Each distribution electric cooperative shall adopt bylaws or written policies establishing a process that allows members to address the board of directors on matters relevant to the governance and operation of the cooperative.

ARTICLE 5.

Section 5-1.

Short title.

This Article may be cited as the Utility Data Access Act.

References in this Article to "this Act" mean this Article.

Section 5-5.

Findings.

(a) The General Assembly finds and declares that optimizing energy use through whole-building utility data access is in the public interest because it provides SB0025 Enrolled - 46 - LRB104 07069 BAB 17106 b consumers, building owners, utilities, and states with significant economic benefits.

(b) The General Assembly further finds the following:

(1) implementing building energy use data access legislation catalyzes the development of a strong market for building energy services which will positively impact the State's economy through significant job growth;

(2) improving the energy use efficiency of the existing building stock is a key strategy to help preserve the affordability of rental housing;

(3) energy use reductions stemming from data access can result in direct cost savings to customers and in peak load reductions that benefit all ratepayers;

(4) data access programs allow utilities to maximize the value of their energy use efficiency portfolio by engaging customers and directing them to energy efficiency programs and by enabling utilities to target low-performing buildings;

(5) implementing building data access enables building owners in the State to qualify for certain federal and other incentives to help them improve their assets;

(6) energy use data access is the foundation of a successful efficiency strategy and enables building owners to track energy use performance over time, set performance goals, and justify cost-effective energy use upgrades;

and (7) absent whole-building energy use data access SB0025 Enrolled - 47 - LRB104 07069 BAB 17106 b legislation, building owners lack an efficient, defined process to obtain energy performance of their buildings in a manner that protects consumer confidentiality.

Section 5-10.

Definitions.

As used in this Act:

"Account holder" or "customer" means the person or entity authorized to access or modify utility account details.

"Aggregated usage data" means an aggregation of covered usage data, where all data associated with a qualified building or qualified property, including, but not limited to, data from tenant meters and from owner meters, are combined into one collective data point per utility data type, per time period, and where any unique identifiers or other personal information are removed or dissociated from individual meter data.

"Aggregation threshold" means 3 or more unique nonresidential qualified accounts or any combination of 5 or more residential and nonresidential unique qualified accounts of a property or building during the period for which data is requested.

"Benchmarking tool" means the ENERGY STAR Portfolio Manager web-based tool or any prudent and cost-effective alternative system or tool approved by the Commission should ENERGY STAR Portfolio Manager become inoperative or no longer useful to achieving the policy goals of the State of Illinois that (i) enables the periodic entry of a building's energy use SB0025 Enrolled - 48 - LRB104 07069 BAB 17106 b data and other descriptive information about a building and (ii) rates a building's energy efficiency against that of comparable buildings nationwide.

"Commission" means the Illinois Commerce Commission.

"Covered usage data" means electric data collected from one or more utility meters that reflects the quantity and period of utility usage in the building, property, or portion thereof.

"Data recipient" means:

(1) an owner of the property or building;

(2) an owner of a portion of a property with regard to covered usage data only for the utility consumption the owner or the owner's tenants, if any, pay for and consume in the owned portion;

(3) a tenant with regard to covered usage data only for the utility consumption the tenant or the tenant's subtenants, if any, pay for and consume in the space leased by the tenant;

(4) the board, in the case of a condominium or cooperative ownership of the property or building;

or (5) an agent authorized to receive the covered usage data by anyone in paragraphs (1) through (4).

"Property" means:

(1) a single tax parcel;

(2) 2 or more tax parcels held in the cooperative or condominium form of ownership and governed by a single SB0025 Enrolled - 49 - LRB104 07069 BAB 17106 b board of managers;

or (3) 2 or more colocated tax parcels owned or controlled by the same entity.

"Qualified account" means a utility account that serves some or all of a building or property for which covered usage data is requested and that, as affirmed by the data recipient, was not controlled by the data recipient or its subsidiary during the time period for which covered usage data is requested.

"Qualified building" means a building that meets the aggregation threshold.

"Qualified data recipient" means a data recipient with respect to a qualified property or qualified building.

"Qualified property" means a property that meets the aggregation threshold.

"Utility" means an entity that is an electric utility with over 500,000 customers in this State and that is a public utility, as defined in Section 3-105 of the Public Utilities Act.

"Utility data type" means electric.

Section 5-15.

Utility data access.

(a) Within 90 days after the effective date of this Act, the Commission shall open a proceeding to establish by rule, consistent with the Illinois Administrative Procedure Act and the requirements of subsection (c), procedures to implement SB0025 Enrolled - 50 - LRB104 07069 BAB 17106 b the requirements of this Section.

The Commission shall consider industry best practices along with Illinois law, rules, and Commission orders in developing the implementing rules.

The governing authority of a public utility district, municipally owned utility, or cooperative utility may adopt a rule adopted by the Commission.

(b) No later than 2 years after the effective date of this Act, the Commission shall adopt procedures through the rulemaking proceeding identified in subsection (a) whereby:

(1) a utility shall retain usage data in the possession of the utility on the effective date of this Act or that is subsequently generated by the utility, for a period 5 years or however long the utility retains usage data in its active billing system, whichever is longer;

(2) a utility shall honor an account holder's authorized request to transmit the account holder's covered usage data held by the utility to any entity designated by the account holder;

(3) a qualified data recipient with respect to a qualified building or qualified property may request that a utility provide aggregated usage data for the qualified building or qualified property.

Aggregated usage data shall include identifiers of all meters associated with the aggregate data and any other information needed for data quality assurance;

(4) a utility shall establish a tool or process to SB0025 Enrolled - 51 - LRB104 07069 BAB 17106 b enable qualified data recipients to request data under this subsection.

The tool or process shall meet specifications established by the Commission;

(5) the account holder request process and utility delivery of requested data shall be convenient, secure, and at the Commission's direction requests to the utility may be submitted exclusively through an online portal;

and (6) a utility shall provide updates or corrections to any previously provided usage information on the schedule established in paragraph (5) of subsection (d).

Data recipients may request and receive timely revisions correcting any previously provided usage information.

A utility shall also provide usage information on the schedule established in paragraph (5) of subsection (d).

(c) Any covered usage data that a utility provides to a data recipient under this Section must meet the following requirements:

(1) The covered usage data must be available to be requested online.

A utility's validation of the requester's identity shall be consistent with, and no more onerous than, the utility's then-current practices.

(2) The covered usage data must be provided to the data recipient in a timeframe, frequency, and format and be delivered by a method as may be determined by the Commission.

(d) Any covered usage data that a utility provides to a SB0025 Enrolled - 52 - LRB104 07069 BAB 17106 b data recipient under this Section must:

(1) be provided to the data recipient within 30 days after receiving the data recipient's valid request if the request is received after the effective date of the rulemaking identified in subsection (a) of this Section;

(2) for any initial upload of data to a data recipient and subject to subsection (j) of this Section, a data recipient must include all the data for the time period required in paragraph (1) of subsection (b), regardless of whether the data recipient had a business relationship with the building or property during that period;

(3) include all necessary data and available usage data points for data recipients to comply with reporting requirements to which they are subject, including any such usage data that the utility possesses;

(4) be directly uploaded to the benchmarking tool account, or delivered in another format approved by the Commission, depending on utility size under subsection (e);

(5) be provided to the data recipient according to a schedule set by the Commission, but no less than monthly;

(6) be provided until the data recipient revokes the request for usage data or is no longer a data recipient or is no longer a qualified data recipient with respect to aggregated usage data;

(7) be accompanied by a list of all meters associated SB0025 Enrolled - 53 - LRB104 07069 BAB 17106 b with the covered usage data, including, but not limited to, aggregated usage data, and shall be accompanied by any other information the Commission deems necessary including for data quality assurance;

and (8) be provided at no cost to the data recipient.

(e) The Commission shall direct that covered usage data shall be delivered to the data recipient in a standard format consistent with the benchmarking tool at the data recipient's request.

The Commission shall direct electric utilities that serve at least 500,000 customers in the State to provide requested data by direct upload to the benchmarking tool and associate the data with the data recipient's benchmarking tool account.

(f) To ensure the validity and usefulness of covered usage data, the utility shall provide the best available consumption and other information, consistent with the utility's records as presented to account holders on the utility's customer portal and captured at the meter level.

(g) Once covered usage data has been made available to a duly authorized data recipient, such data may not be deleted or altered by a utility system, except as is necessary to correct errors or reflect rebills or is affected as part of the utility's billing data retention policy.

If previously provided covered usage data is changed to correct errors, notification must be provided to the data recipient.

(h) Within 180 days after the effective date of this Act, SB0025 Enrolled - 54 - LRB104 07069 BAB 17106 b the Commission shall adopt a standard form for a utility account holder to authorize the sharing of the utility account holder's covered usage data.

(i) For properties that do not meet the aggregation threshold and therefore require account holder authorization, the utility shall provide covered usage data to data recipients upon account holder authorization, which:

(1) may be provided in Commission-approved form;

(2) may be provided in a lease agreement provision;

and (3) remains valid until the account holder revokes it, regardless of how the authorization is provided.

(j) Access to covered usage data under this Section shall be subject to any rules the Commission has adopted or may choose to adopt, if the rules do not conflict with this Section.

(k) Except in cases where the utility has not followed processes established by this Act or the utility is grossly negligent, the utility shall be held harmless for third-party misuse of data shared under this Act and no cause of action may be initiated against the utility for such subsequent misuse.

(l) A utility may file for cost recovery of the reasonable and prudently incurred costs of providing covered usage data, including establishing, operating, and maintaining data aggregation and data access services, for the Commission to evaluate.

A utility shall make good faith efforts to secure SB0025 Enrolled - 55 - LRB104 07069 BAB 17106 b federal, State, or other relevant funding for such investments in the future.

Any such funding the utility receives shall be deducted from future revenue requirements.

(m) The Commission may hire consultants and experts to execute their responsibilities under this Act, with the retention of those consultants and experts exempt from the requirements of Section 20-10 of the Illinois Procurement Code.

ARTICLE 90.

Section 90-5.

The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended by changing Section 605-1075 as follows:

(20 ILCS 605/605-1075) Sec.

605-1075.

Energy Transition Assistance Fund.

(a) The General Assembly hereby declares that management of several economic development programs requires a consolidated funding source to improve resource efficiency.

The General Assembly specifically recognizes that properly serving communities and workers impacted by the energy transition requires that the Department of Commerce and Economic Opportunity have access to the resources required for the execution of the programs for workforce and contractor development, just transition investments and community SB0025 Enrolled - 56 - LRB104 07069 BAB 17106 b support, and the implementation and administration of energy and justice efforts by the State.

(b) The Department shall be responsible for the administration of the Energy Transition Assistance Fund and shall allocate funding on the basis of priorities established in this Section.

Each year, the Department shall determine the available amount of resources in the Fund that can be allocated to the programs identified in this Section, and allocate the funding accordingly.

The Department shall, to the extent practical, consider both the short-term and long-term costs of the programs and allocate funding so that the Department is able to cover both the short-term and long-term costs of these programs using projected revenue.

The available funding for each year shall be allocated from the Fund in the following order of priority:

(1) for costs related to the Clean Jobs Workforce Network Program, up to $21,000,000 annually prior to June 1, 2023;

and $24,333,333 annually from June 1, 2023 to May 30, 2026;

and $26,500,000 annually thereafter;

(2) for costs related to the Clean Energy Contractor Incubator Program, up to $21,000,000 annually prior to June 1, 2026 and up to $22,687,403 thereafter;

(3) for costs related to the Clean Energy Primes Contractor Accelerator Program, up to $9,000,000 annually;

(4) for costs related to the Barrier Reduction Program, up to $21,000,000 annually prior to June 1, 2026 SB0025 Enrolled - 57 - LRB104 07069 BAB 17106 b and up to $22,143,079 annually thereafter;

(5) for costs related to the Jobs and Environmental Justice Grant Program, up to $34,000,000 annually prior to June 1, 2026 and up to $41,000,000 annually thereafter;

(6) for costs related to the Returning Residents Clean Jobs Training Program, up to $6,000,000 annually;

(7) for costs related to Energy Transition Navigators, up to $6,000,000 annually prior to June 1, 2026 and up to $6,500,000 annually thereafter;

(8) for costs related to the Illinois Climate Works Preapprenticeship Program, up to $10,000,000 annually;

(9) for costs related to Energy Transition Community Support Grants, up to $40,000,000 annually;

(10) for costs related to the Displaced Energy Worker Dependent Scholarship, upon request by the Illinois Student Assistance Commission, up to $1,100,000 annually;

(11) up to $10,000,000 annually shall be transferred to the Public Utilities Fund for use by the Illinois Commerce Commission for costs of administering the changes made to the Public Utilities Act by this amendatory Act of the 102nd General Assembly;

(12) up to $4,000,000 annually shall be transferred to the Illinois Power Agency Operations Fund for use by the Illinois Power Agency;

and (13) for costs related to the Clean Energy Jobs and Justice Fund, up to $1,000,000 annually.

SB0025 Enrolled - 58 - LRB104 07069 BAB 17106 b The Department is authorized to utilize up to 10% of the Energy Transition Assistance Fund for administrative and operational expenses to implement the requirements of this Act.

(b-5) Beginning January 1, 2028, at the direction of the Department, the State Comptroller shall direct and the State Treasurer shall transfer up to $84,800,000 annually into the Electric Vehicle and Charging Fund from the Energy Transition Assistance Fund for costs related to transportation electrification programs, as described in Section 36 of the Electric Vehicle Rebate Act.

The Environmental Protection Agency may use up to 3% of the annual allocation under this subsection (b-5) for administrative and operational expenses.

(c) Within 30 days after the effective date of this amendatory Act of the 102nd General Assembly, each electric utility serving more than 500,000 customers in the State shall report to the Department its total kilowatt-hours of energy delivered during the 12 months ending on the immediately preceding May 31.

By October 31, 2021 and each October 31 thereafter, each electric utility serving more than 500,000 customers in the State shall report to the Department its total kilowatt-hours of energy delivered during the 12 months ending on the immediately preceding May 31.

(d) The Department shall, within 60 days after the effective date of this amendatory Act of the 102nd General Assembly:

SB0025 Enrolled - 59 - LRB104 07069 BAB 17106 b (1) determine the amount necessary, but not more than $180,000,000, to meet the funding needs of the programs reliant upon the Energy Transition Assistance Fund as a revenue source for the period between the effective date of this amendatory Act of the 102nd General Assembly and December 31, 2021;

(2) determine, based on the kilowatt-hour deliveries for the 12 months ending May 31, 2021 reported by the electric utilities under subsection (c), the total energy transition assistance charge to be allocated to each electric utility for the period between the effective date of this amendatory Act of the 102nd General Assembly and December 31, 2021;

and (3) report the total energy transition assistance charge applicable until December 31, 2021 to each electric utility serving more than 500,000 customers in the State and the Illinois Commerce Commission for purposes of filing the tariff pursuant to Section 16-108.30 of the Public Utilities Act.

(d-5) Notwithstanding subsection (d), the Department shall, within 60 days after the effective date of this amendatory Act of the 104th General Assembly, determine the amount necessary, but not more than $192,000,000, to meet the funding needs of the programs reliant upon the Energy Transition Assistance Fund as a revenue source.

(e) The Department shall by November 30, 2021, and each SB0025 Enrolled - 60 - LRB104 07069 BAB 17106 b November 30 thereafter:

(1) determine the amount necessary, but not more than $180,000,000 before the effective date of this amendatory Act of the 104th General Assembly and not more than $192,000,000, plus the amount needed to fund the programs described in subsection (b-5), after the effective date of this amendatory Act of the 104th General Assembly, to meet the funding needs of the programs reliant upon the Energy Transition Assistance Fund as a revenue source for the immediately following calendar year;

(2) determine, based on the kilowatt-hour deliveries for the 12 months ending on the immediately preceding May 31 reported to it by the electric utilities under subsection (c), the total energy transition assistance charge to be allocated to each electric utility for the immediately following calendar year;

and (3) report the energy transition assistance charge applicable for the immediately following calendar year to each electric utility serving more than 500,000 customers in the State and the Illinois Commerce Commission for purposes of filing the tariff pursuant to Section 16-108.30 of the Public Utilities Act.

(f) The energy transition assistance charge may not exceed $192,000,000 plus the amount needed to fund the programs described in subsection (b-5) $180,000,000 annually.

If, at the end of the calendar year, any surplus remains in the Energy SB0025 Enrolled - 61 - LRB104 07069 BAB 17106 b Transition Assistance Fund, the Department may allocate the surplus from the fund in the following order of priority:

(1) for costs related to the development of the Stretch Energy Codes and other standards at the Capital Development Board, up to $500,000 annually, at the request of the Board;

(2) up to $7,000,000 annually shall be transferred to the Energy Efficiency Trust Fund and Clean Air Act Permit Fund for use by the Environmental Protection Agency for costs related to energy efficiency and weatherization, and costs of implementation, administration, and enforcement of the Clean Air Act;

and (3) for costs related to State fleet electrification at the Department of Central Management Services, up to $10,000,000 annually, at the request of the Department.

(Source:

P.A.

102-662, eff.

9-15-21.) Section 90-6.

The Electric Vehicle Act is amended by changing Sections 45 and 55 as follows: