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Energy Community Reinvestment Act.

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(20 ILCS 735/Art. 5 heading)

Article 5. Energy Transition(The Energy Transition Act is compiled at 20 ILCS 730/)

(20 ILCS 735/Art. 10 heading)

Article 10. Energy Community Reinvestment Act

(20 ILCS 735/10-1)

(Section scheduled to be repealed on September 15, 2045)

Sec. 10-1. Short title. This Article may be cited as the Energy Community Reinvestment Act. References in this Article to "this Act" mean this Article.

(Source: P.A. 102-662, eff. 9-15-21.)

(20 ILCS 735/10-5)

(Section scheduled to be repealed on September 15, 2045)

Sec. 10-5. Findings. The General Assembly finds that, as part of putting Illinois on a path to 100% renewable energy, the State of Illinois should ensure a just transition to that goal, providing support for the transition of Illinois' communities and workers impacted by closures or reduced use of fossil fuel power plants, nuclear power plants, or coal mines by allocating new economic development resources for business tax incentives, workforce training, site clean-up and reuse, and local tax revenue replacement.

The General Assembly finds and declares that the health, safety, and welfare of the people of this State are dependent upon a healthy economy and vibrant communities; that the closure of fossil fuel power plants, nuclear power plants, and coal mines across this State have a significant impact on their surrounding communities; that the expansion of renewable energy creates job growth and contributes to the health, safety, and welfare of the people of this State; that the continual encouragement, development, growth, and expansion of renewable energy within this State requires a cooperative and continuous partnership between government and the renewable energy sector; and that there are certain areas in this State that have lost, or will lose, jobs due to the closure of fossil fuel power plants, nuclear power plants, and coal mines and need the particular attention of government, labor, and the residents of Illinois to help attract new investment into these areas and directly aid the local community and its residents.

Therefore, it is declared to be the purpose of this Act to explore ways of stimulating the growth of new private investment, including renewable energy investment, in this State and to foster job growth in areas impacted by the closure of coal energy plants, coal mines, and nuclear energy plants.

(Source: P.A. 102-662, eff. 9-15-21.)

(20 ILCS 735/10-10)

(Section scheduled to be repealed on September 15, 2045)

Sec. 10-10. Definitions. As used in this Act, unless the context otherwise requires:

"Agencies" or "State agencies" has the same meaning as "State agencies" under Section 1-7 of the Illinois State Auditing Act.

"Commission" means the Energy Transition Workforce Commission created in Section 10-15.

"Department" means the Department of Commerce and Economic Opportunity.

"Displaced energy worker" means an energy worker who has lost employment, or is anticipated by the Department to lose employment within the next 5 years, due to the reduced operation or closure of a fossil fuel power plant, nuclear power plant, or coal mine.

"Energy worker" means a person who has been employed full-time for a period of one year or longer, and within the previous 5 years, at a fossil fuel power plant, a nuclear power plant, or a coal mine located within the State of Illinois, whether or not they are employed by the owner of the power plant or mine. Energy workers are considered to be full-time if they work at least 35 hours per week for 45 weeks a year or the 1,820 work-hour equivalent with vacations, paid holidays, and sick time, but not overtime, included in this computation. Classification of an individual as an energy worker continues for 5 years from the latest date of employment or the effective date of this Act, whichever is later.

"Environmental justice communities" shall have the meaning set forth in Section 1-56 of the Illinois Power Agency Act and the most recent Commission-approved long-term renewable resources procurement plan of the Illinois Power Agency.

"Investor-owned electric generating plant" means an electric generating unit or fossil fuel-fired unit that has a nameplate capacity or serves a generator that has a nameplate capacity greater than 25Mwe and that produces electricity, including, but not limited to, coal-fired, coal-derived, oil-fired, natural gas-fired, and cogeneration units.

"Local labor market area" means an economically integrated area within which individuals reside and find employment within a reasonable distance of their places of residence or can readily change jobs without changing their places of residence.

"Low-income" means persons and families whose income does not exceed 80% of area median income, adjusted for family size and revised every 2 years.

"Renewable energy enterprise" means a company that is engaged in the production, manufacturing, distribution, or development of renewable energy resources and associated technologies.

"Renewable energy project" means a project conducted by a renewable energy enterprise for the purpose of generating renewable energy resources or energy storage.

"Renewable energy resources" has the meaning set forth in Section 1-10 of the Illinois Power Agency Act.

"Rule" has the meaning set forth in Section 1-70 of the Illinois Administrative Procedure Act.

(Source: P.A. 102-662, eff. 9-15-21.)

(20 ILCS 735/10-15)

(Section scheduled to be repealed on September 15, 2045)

Sec. 10-15. Energy Transition Workforce Commission.

(a) The Energy Transition Workforce Commission is hereby created within the Department of Commerce and Economic Opportunity.

(b) The Commission shall consist of the following members:

(1) the Director of Commerce and Economic Opportunity;
(2) the Director of Labor, or his or her designee, who shall serve as chairperson;
(3) 5 members appointed by the Governor, with the advice and consent of the Senate, of which at least one shall be a representative of a local labor organization, at least one shall be a resident of an environmental justice community, at least one shall be a representative of a national labor organization, and at least one shall be a representative of the administrator of workforce training programs created by this Act. Designees shall be appointed within 60 days after a vacancy; and
(4) the 3 Regional Administrators selected under Section 5-15 of the Energy Transition Act.

(c) Members of the Commission shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties from funds appropriated for that purpose. The Department of Commerce and Economic Opportunity shall provide administrative support to the Commission.

(d) Within 240 days after the effective date of this Act, and in consultation with the Department of Revenue and the Environmental Protection Agency, the Commission shall produce an Energy Transition Workforce Report regarding the anticipated impact of the energy transition and a comprehensive set of recommendations to address changes to the Illinois workforce during the period of 2020 through 2050, or a later year. The report shall contain the following elements, designed to be used for the programs created in this Act:

(1) Information related to the impact on current workers, including:

(A) a comprehensive accounting of all employees who currently work in fossil fuel energy generation, nuclear energy generation, and coal mining in the State; upon receipt of the employee's written authorization for the employer's release of such information to the Commission, this shall include information on their location, employer, salary ranges, full-time or part-time status, nature of their work, educational attainment, union status, and other factors the Commission finds relevant;
(B) the anticipated schedule of closures of fossil fuel power plants, nuclear power plants, and coal mines across the State; when information is unavailable to provide exact data, the report shall include approximations based upon the best available information; and
(C) an estimate of worker impacts due to scheduled closures, including layoffs, early retirements, salary changes, and other factors the Commission finds relevant.

(2) Information regarding impact on communities and local governments, including:

(A) changes in the revenue for units of local government in areas that currently or recently have had a closure or reduction in operation of a fossil fuel power plant, nuclear power plant, coal mine, or related industry;
(B) environmental impacts in areas that currently or recently have had fossil fuel power plants, coal mines, nuclear power plants, or related industry; and
(C) economic impacts of the energy transition, including, but not limited to, the supply chain impacts of the energy transition shift toward new energy sources across the State.

(3) Information on emerging industries and State economic development opportunities in regions that have historically been the site of fossil fuel power plants, nuclear power plants, or coal mining.

(e) The Department shall periodically review its findings in the developed reports and make modifications to the report and programs based on new findings. The Department shall conduct a comprehensive reevaluation of the report, and publish a modified version, on each of the following years following initial publication: 2023; 2027; 2030; 2035; 2040; and any year thereafter which the Department determines is necessary or prudent.

(Source: P.A. 102-662, eff. 9-15-21.)

(20 ILCS 735/10-20)

(Section scheduled to be repealed on September 15, 2045)

Sec. 10-20. Energy Transition Community Grants.

(a) Subject to appropriation, the Department shall establish an Energy Transition Community Grant Program to award grants to promote economic development in eligible communities.

(b) Funds shall be made available from the Energy Transition Assistance Fund to the Department to provide these grants.

(1) the area contains a fossil fuel or nuclear power plant that was retired from service or has significantly reduced service within 6 years before the application for designation or will be retired or have service significantly reduced within 6 years following the application for designation;
(2) the area contains a coal mine that was closed or had operations significantly reduced within 6 years before the application for designation or is anticipated to be closed or have operations significantly reduced within 6 years following the application for designation; or
(3) the area contains a nuclear power plant that was decommissioned, but continued storing nuclear waste before the effective date of this Act.

(d) Local units of governments in eligible areas may join with any other local unit of government, economic development organization, local educational institutions, community-based groups, or with any number or combination thereof to apply for the Energy Transition Community Grant.

(e) To receive grant funds, an eligible community must submit an application to the Department, using a form developed by the Department.

(f) For grants awarded to counties or other entities that are not the city that hosts or has hosted the investor-owned electric generating plant, a resolution of support for the project from the city or cities that hosts or has hosted the investor-owned electric generating plant is required to be submitted with the application.

(g) Grants must be used to plan for or address the economic and social impact on the community or region of plant retirement or transition.

(h) Project applications shall include community input and consultation with a diverse set of stakeholders, including, but not limited to: Regional Planning Councils, where applicable; economic development organizations; low-income or environmental justice communities; educational institutions; elected and appointed officials; organizations representing workers; and other relevant organizations.

(i) Grant costs are authorized to procure third-party vendors for grant writing and implementation costs, including for guidance and opportunities to apply for additional federal, State, local, and private funding resources. If the application is approved for pre-award, one-time reimbursable costs to apply for the Energy Transition Community Grant are authorized up to 3% of the award.

(j) Units of local government that are taxing authorities for a nuclear plant that was decommissioned before January 1, 2021 shall receive grants in proportional shares of $15 per kilogram of spent nuclear fuel stored at such a facility, less any payments made to such communities from the federal government based on the amount of waste stored at a decommissioned nuclear plant and any property tax payments.

(Source: P.A. 102-662, eff. 9-15-21.)

(20 ILCS 735/10-25)

(Section scheduled to be repealed on September 15, 2045)

Sec. 10-25. Displaced Energy Workers Bill of Rights.

(a) The Department, in collaboration with the Department of Employment Security, shall have the authority to implement the Displaced Energy Workers Bill of Rights, and shall be responsible for the implementation of the Displaced Energy Workers Bill of Rights programs and rights created under this Section. For purposes of this Section, "closure" means the permanent shutdown of an electric generating unit or coal mine. The Department shall provide the following benefits to displaced energy workers listed in paragraphs (1) through (4) of this subsection:

(1) Advance notice of power plant or coal mine closure.

(A) The Department shall notify all energy workers of the upcoming closure of any qualifying facility as far in advance of the scheduled closing date as it can. The Department shall engage the employer and energy workers no later than within 30 days of a closure or deactivation notice being filed by the plant owner to the Regional Transmission Organization of jurisdiction, within 30 days of the announced closure of a coal mine, within 30 days of a WARN notice being filed with the Department, or within 30 days of an announcement or requirement of cessation of operations of a plant or mine from another authoritative source, whichever is first.
(B) In providing the advance notice described in this paragraph (1), the Department shall take reasonable steps to ensure that all displaced energy workers are educated on the various programs available through the Department to assist with the energy transition.

(2) Education on programs. The Department shall take reasonable steps to ensure that all displaced energy workers are educated on the various programs available through the Department to assist with the energy transition, including, but not limited to, the Illinois Dislocated Worker and Rapid Response programs. The Department will develop an outreach strategy, workforce toolkit and quick action plan to deploy when closures are announced. This strategy will include identifying any additional resources that may be needed to aid worker transitions that would require contracting services.
(3) The Department shall provide information and consultation to displaced energy workers on various employment and educational opportunities available to them, supportive services, and advise workers on which opportunities meet their skills, needs, and preferences.

(A) Available services will include reemployment services, training services, work-based learning services, and financial and retirement planning support.
(B) The Department will provide skills matching as part of career counseling services to enable assessment of the displaced energy worker's skills and map those skills to emerging occupations in the region or nationally, or both, depending on the displaced worker's preferences.
(C) For energy workers who may be interested in entrepreneurial pursuits, the Department will connect these individuals with their area Small Business Development Center, procurement technical assistance centers, and economic development organization to engage in services, including, but not limited to, business consulting, business planning, regulatory compliance, marketing, training, accessing capital, and government bid certification assistance.

(4) Financial planning services. Displaced energy workers shall be entitled to services as described in the energy worker programs in this subsection, including financial planning services.

(b) Plant owners and the owners of coal mines located in Illinois shall be required to comply with the requirements set out in this subsection (b). The owners shall be required to take the following actions:

(1) Provide written notice of deactivation or closure filing with the Regional Transmission Organization of jurisdiction to the Department within 48 hours, if applicable.
(2) Provide employment information for energy workers; 90 days prior to the closure of an electric generating unit or mine, the owners of the power plant or mine shall provide energy workers information on whether there are employment opportunities provided by their employer.
(3) Annually report to the Department on announced closures of qualifying facilities. The report must include information on expected closure date, number of employees, planning processes, services offered for employees (such as training opportunities) leading up to the closure, efforts made to retain employees through other employment opportunities within the company, and any other information that the Department requires in order to implement this Section.
(4) Ninety days prior to closure date, provide a final closure report to the Department that includes expected closure date, number of employees and salaries, transition support the company is providing to employee and timelines, including assistance for training opportunities, transportation support or child care resources to attend training, career counseling, resume support, and others. The closure report will be made available to the chief elected official of each municipal and county government within which the employment loss, relocation, or mass layoff occurs. It shall not be made publicly available.
(5) Ninety days prior to closure date, provide job descriptions for each employee at the plant or mine to the Department and the entity providing career and training counseling.
(6) Ninety days prior to closure date, make available to the Department and the entity providing career and training counseling any industry-related certifications and on-the-job training the employee earned to allow union training programs, community colleges, or other certification programs to award credit for life experiences in order to reduce the amount of time to complete training, certificates, or degrees for the dislocated employee.

(Source: P.A. 102-662, eff. 9-15-21.)

(20 ILCS 735/10-30)

(Section scheduled to be repealed on September 15, 2045)

Sec. 10-30. Displaced Energy Worker Dependent Transition Scholarship.

(a) Subject to appropriation, the benefits of this Section shall be administered by and paid for out of funds made available to the Illinois Student Assistance Commission.

(b) Any natural child, legally adopted child, or stepchild of an eligible displaced energy worker who possesses all necessary entrance requirements shall, upon application and proper proof, be awarded a transition scholarship consisting of the equivalent of one calendar year of full-time enrollment, including summer terms, to the State-supported Illinois institution of higher learning of his or her choice.

(c) As used in this Section, "eligible displaced energy worker" means an energy worker who has lost employment due to the reduced operation or closure of a fossil fuel power plant or coal mine.

(d) Full-time enrollment means 12 or more semester hours of courses per semester, or 12 or more quarter hours of courses per quarter, or the equivalent thereof per term. Scholarships utilized by dependents enrolled in less than full-time study shall be computed in the proportion which the number of hours so carried bears to full-time enrollment.

(e) Scholarships awarded under this Section may be used by a child without regard to his or her age. The holder of a Scholarship awarded under this Section shall be subject to all examinations and academic standards, including the maintenance of minimum grade levels, that are applicable generally to other enrolled students at the Illinois institution of higher learning where the scholarship is being used.

(f) An applicant is eligible for a scholarship under this Section when the Commission finds the applicant:

(1) is the natural child, legally adopted child, or stepchild of an eligible displaced energy worker; and
(2) in the absence of transition scholarship assistance, will be deterred by financial considerations from completing an educational program at the State-supported Illinois institution of higher learning of his or her choice.

(g) Funds may be made available from the Energy Transition Assistance Fund to the Commission to provide these grants.

(h) The scholarship shall only cover tuition and fees at the rates offered to students residing within the State or in the district, but shall not exceed the cost equivalent of one calendar year of full-time enrollment, including summer terms, at the University of Illinois. The Commission shall determine the grant amount for each student.

(Source: P.A. 102-662, eff. 9-15-21.)

(20 ILCS 735/10-40)

(Section scheduled to be repealed on September 15, 2045)

Sec. 10-40. Energy Community Reinvestment Report. Beginning 365 days after the effective date of this Act, and at least once each calendar year thereafter, the Department shall create or commission the creation of a report on the energy worker and transition programs created in this Act and publish the report on its website. The report shall, at a minimum, contain information on program metrics, the demographics of participants, program impact, and recommendations for future modifications to the services provided by the Department under these programs.

(Source: P.A. 102-662, eff. 9-15-21.)

(20 ILCS 735/10-70)

(Section scheduled to be repealed on September 15, 2045)

Sec. 10-70. Administrative review. All final administrative decisions, including, but not limited to, funding allocation and rules issued by the Department under this Act are subject to judicial review under the Administrative Review Law. No action may be commenced under this Section prior to 60 days after the complainant has given notice in writing of the action to the Department.

(Source: P.A. 102-662, eff. 9-15-21.)

(20 ILCS 735/10-90)

(Section scheduled to be repealed on September 15, 2045)

Sec. 10-90. Repealer. This Act is repealed 24 years after the effective date of this Act.

(Source: P.A. 102-662, eff. 9-15-21.)

(20 ILCS 735/Art. 15 heading)

Article 15. Community Energy, Climate, and Jobs Planning Act(The Community Energy, Climate, and Jobs Planning Act is compiled at 50 ILCS 65/)

(20 ILCS 735/Art. 20 heading)

Article 20. Illinois Clean Energy Jobs and Justice Fund Act(The Illinois Clean Energy Jobs and Justice Fund Act is compiled at 805 ILCS 155/)

(20 ILCS 735/Art. 90 heading)

Article 90.(Amendatory and uncodified provisions; text omitted)

(20 ILCS 735/90-1)

Sec. 90-1. (Uncodified provisions; text omitted).