§ 605-1075

Illinois § 605-1075

• Jurisdiction: Illinois
• Topic: GOVERNMENT
• Ch. 20: EXECUTIVE BRANCH
• Act 20 ILCS 605/: Civil Administrative Code of Illinois. (Department of Commerce and Economic Opportunity Law)

Text

(Text of Section before amendment by P.A. 104-458 ) 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 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 thereafter; (2) for costs related to the Clean Energy Contractor Incubator Program, up to $21,000,000 annually; (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; (5) for costs related to the Jobs and Environmental Justice Grant Program, up to $34,000,000 annually; (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; (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. 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. (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: (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. (e) The Department shall by November 30, 2021, and each November 30 thereafter: (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 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 $180,000,000 annually. If, at the end of the calendar year, any surplus remains in the Energy 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.) (Text of Section after amendment by P.A. 104-458 ) 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 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; $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 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. 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: (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 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) annually. If, at the end of the calendar year, any surplus remains in the Energy 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.

Legislative History

(Source: P.A. 104-458, eff. 6-1-26.)