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Illinois General Assembly· SB 3272Governor Approved

RENEWABLE ENERGY ACCESS PLANS, the official text

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SB3272 Enrolled                     LRB104 18654 AAS 32097 b

1   AN ACT concerning regulation.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Illinois Procurement Code is amended by

5 changing Section 1-10 as follows:

6   (30 ILCS 500/1-10)

7   (Text of Section before amendment by P.A. 104-458)

8   Sec. 1-10. Application.

9   (a) This Code applies only to procurements for which

10 bidders, offerors, potential contractors, or contractors were

11 first solicited on or after July 1, 1998. This Code shall not

12 be construed to affect or impair any contract, or any

13 provision of a contract, entered into based on a solicitation

14 prior to the implementation date of this Code as described in

15 Article 99, including, but not limited to, any covenant

16 entered into with respect to any revenue bonds or similar

17 instruments. All procurements for which contracts are

18 solicited between the effective date of Articles 50 and 99 and

19 July 1, 1998 shall be substantially in accordance with this

20 Code and its intent.

21  (b) This Code shall apply regardless of the source of the

22 funds with which the contracts are paid, including federal

23 assistance moneys. This Code shall not apply to:
    SB3272 Enrolled   -2-  LRB104 18654 AAS 32097 b

1   (1) Contracts between the State and its political

2   subdivisions or other governments, or between State

3   governmental bodies, except as specifically provided in

4   this Code.

5   (2) Grants, except for the filing requirements of

6   Section 20-80.

7   (3) Purchase of care, except as provided in Section

8   5-30.6 of the Illinois Public Aid Code and this Section.

9   (4) Hiring of an individual as an employee and not as

10  an independent contractor, whether pursuant to an

11  employment code or policy or by contract directly with

12  that individual.

13  (5) Collective bargaining contracts.

14  (6) Purchase of real estate, except that notice of

15  this type of contract with a value of more than $25,000

16  must be published in the Procurement Bulletin within 10

17  calendar days after the deed is recorded in the county of

18  jurisdiction. The notice shall identify the real estate

19  purchased, the names of all parties to the contract, the

20  value of the contract, and the effective date of the

21  contract.

22  (7) Contracts necessary to prepare for anticipated

23  litigation, enforcement actions, or investigations,

24  provided that the chief legal counsel to the Governor

25  shall give his or her prior approval when the procuring

26  agency is one subject to the jurisdiction of the Governor,
    SB3272 Enrolled  -3-  LRB104 18654 AAS 32097 b

1   and provided that the chief legal counsel of any other

2   procuring entity subject to this Code shall give his or

3   her prior approval when the procuring entity is not one

4   subject to the jurisdiction of the Governor.

5   (8) (Blank).

6   (9) Procurement expenditures by the Illinois

7   Conservation Foundation when only private funds are used.

8   (10) (Blank).

9   (11) Public-private agreements entered into according

10  to the procurement requirements of Section 20 of the

11  Public-Private Partnerships for Transportation Act and

12  design-build agreements entered into according to the

13  procurement requirements of Section 25 of the

14  Public-Private Partnerships for Transportation Act.

15  (12) (A) Contracts for legal, financial, and other

16  professional and artistic services entered into by the

17  Illinois Finance Authority in which the State of Illinois

18  is not obligated. Such contracts shall be awarded through

19  a competitive process authorized by the members of the

20  Illinois Finance Authority and are subject to Sections

21  5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,

22  as well as the final approval by the members of the

23  Illinois Finance Authority of the terms of the contract.

24  (B) Contracts for legal and financial services entered

25  into by the Illinois Housing Development Authority in

26  connection with the issuance of bonds in which the State
    SB3272 Enrolled  -4-               LRB104 18654 AAS 32097 b

1   of Illinois is not obligated. Such contracts shall be

2   awarded through a competitive process authorized by the

3   members of the Illinois Housing Development Authority and

4   are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,

5   and 50-37 of this Code, as well as the final approval by

6   the members of the Illinois Housing Development Authority

7   of the terms of the contract.

8   (13) Contracts for services, commodities, and

9   equipment to support the delivery of timely forensic

10  science services in consultation with and subject to the

11  approval of the Chief Procurement Officer as provided in

12  subsection (d) of Section 5-4-3a of the Unified Code of

13  Corrections, except for the requirements of Sections

14  20-60, 20-65, 20-70, and 20-160 and Article 50 of this

15  Code; however, the Chief Procurement Officer may, in

16  writing with justification, waive any certification

17  required under Article 50 of this Code. For any contracts

18  for services which are currently provided by members of a

19  collective bargaining agreement, the applicable terms of

20  the collective bargaining agreement concerning

21  subcontracting shall be followed.

22  On and after January 1, 2019, this paragraph (13),

23  except for this sentence, is inoperative.

24  (14) Contracts for participation expenditures required

25  by a domestic or international trade show or exhibition of

26  an exhibitor, member, or sponsor.
    SB3272 Enrolled  -5-              LRB104 18654 AAS 32097 b

1   (15) Contracts with a railroad or utility that

2   requires the State to reimburse the railroad or utilities

3   for the relocation of utilities for construction or other

4   public purpose. Contracts included within this paragraph

5   (15) shall include, but not be limited to, those

6   associated with: relocations, crossings, installations,

7   and maintenance. For the purposes of this paragraph (15),

8   "railroad" means any form of non-highway ground

9   transportation that runs on rails or electromagnetic

10  guideways and "utility" means: (1) public utilities as

11  defined in Section 3-105 of the Public Utilities Act, (2)

12  telecommunications carriers as defined in Section 13-202

13  of the Public Utilities Act, (3) electric cooperatives as

14  defined in Section 3.4 of the Electric Supplier Act, (4)

15  telephone or telecommunications cooperatives as defined in

16  Section 13-212 of the Public Utilities Act, (5) rural

17  water or wastewater waste water systems with 10,000

18  connections or less, (6) a holder as defined in Section

19  21-201 of the Public Utilities Act, and (7) municipalities

20  owning or operating utility systems consisting of public

21  utilities as that term is defined in Section 11-117-2 of

22  the Illinois Municipal Code.

23  (16) Procurement expenditures necessary for the

24  Department of Public Health to provide the delivery of

25  timely newborn screening services in accordance with the

26  Newborn Metabolic Screening Act.
    SB3272 Enrolled  -6-           LRB104 18654 AAS 32097 b

1   (17) Procurement expenditures necessary for the

2   Department of Agriculture, the Department of Financial and

3   Professional Regulation, the Department of Human Services,

4   and the Department of Public Health to implement the

5   Compassionate Use of Medical Cannabis Program and Opioid

6   Alternative Pilot Program requirements and ensure access

7   to medical cannabis for patients with debilitating medical

8   conditions in accordance with the Compassionate Use of

9   Medical Cannabis Program Act.

10  (18) This Code does not apply to any procurements

11  necessary for the Department of Agriculture, the

12  Department of Financial and Professional Regulation, the

13  Department of Human Services, the Department of Commerce

14  and Economic Opportunity, and the Department of Public

15  Health to implement the Cannabis Regulation and Tax Act if

16  the applicable agency has made a good faith determination

17  that it is necessary and appropriate for the expenditure

18  to fall within this exemption and if the process is

19  conducted in a manner substantially in accordance with the

20  requirements of Sections 20-160, 25-60, 30-22, 50-5,

21  50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,

22  50-36, 50-37, 50-38, and 50-50 of this Code; however, for

23  Section 50-35, compliance applies only to contracts or

24  subcontracts over $100,000. Notice of each contract

25  entered into under this paragraph (18) that is related to

26  the procurement of goods and services identified in
    SB3272 Enrolled  -7-  LRB104 18654 AAS 32097 b

1   paragraph (1) through (9) of this subsection shall be

2   published in the Procurement Bulletin within 14 calendar

3   days after contract execution. The Chief Procurement

4   Officer shall prescribe the form and content of the

5   notice. Each agency shall provide the Chief Procurement

6   Officer, on a monthly basis, in the form and content

7   prescribed by the Chief Procurement Officer, a report of

8   contracts that are related to the procurement of goods and

9   services identified in this subsection. At a minimum, this

10  report shall include the name of the contractor, a

11  description of the supply or service provided, the total

12  amount of the contract, the term of the contract, and the

13  exception to this Code utilized. A copy of any or all of

14  these contracts shall be made available to the Chief

15  Procurement Officer immediately upon request. The Chief

16  Procurement Officer shall submit a report to the Governor

17  and General Assembly no later than November 1 of each year

18  that includes, at a minimum, an annual summary of the

19  monthly information reported to the Chief Procurement

20  Officer. This exemption becomes inoperative 5 years after

21  June 25, 2019 (the effective date of Public Act 101-27).

22  (19) Acquisition of modifications or adjustments,

23  limited to assistive technology devices and assistive

24  technology services, adaptive equipment, repairs, and

25  replacement parts to provide reasonable accommodations (i)

26  that enable a qualified applicant with a disability to
    SB3272 Enrolled  -8-  LRB104 18654 AAS 32097 b

1   complete the job application process and be considered for

2   the position such qualified applicant desires, (ii) that

3   modify or adjust the work environment to enable a

4   qualified current employee with a disability to perform

5   the essential functions of the position held by that

6   employee, (iii) to enable a qualified current employee

7   with a disability to enjoy equal benefits and privileges

8   of employment as are enjoyed by other similarly situated

9   employees without disabilities, and (iv) that allow a

10  customer, client, claimant, or member of the public

11  seeking State services full use and enjoyment of and

12  access to its programs, services, or benefits.

13  For purposes of this paragraph (19):

14  "Assistive technology devices" means any item, piece

15  of equipment, or product system, whether acquired

16  commercially off the shelf, modified, or customized, that

17  is used to increase, maintain, or improve functional

18  capabilities of individuals with disabilities.

19  "Assistive technology services" means any service that

20  directly assists an individual with a disability in

21  selection, acquisition, or use of an assistive technology

22  device.

23  "Qualified" has the same meaning and use as provided

24  under the federal Americans with Disabilities Act when

25  describing an individual with a disability.

26  (20) Procurement expenditures necessary for the
    SB3272 Enrolled  -9-  LRB104 18654 AAS 32097 b

1   Illinois Commerce Commission to hire third-party

2   facilitators pursuant to Sections 16-105.17 and 16-108.18

3   of the Public Utilities Act, or an ombudsman pursuant to

4   Section 16-107.5 of the Public Utilities Act, a

5   facilitator pursuant to Section 16-105.17 of the Public

6   Utilities Act, or a grid auditor pursuant to Section

7   16-105.10 of the Public Utilities Act.

8   (21) Procurement expenditures for the purchase,

9   renewal, and expansion of software, software licenses, or

10  software maintenance agreements that support the efforts

11  of the Illinois State Police to enforce, regulate, and

12  administer the Firearm Owners Identification Card Act, the

13  Firearm Concealed Carry Act, the Firearms Restraining

14  Order Act, the Firearm Dealer License Certification Act,

15  the Law Enforcement Agencies Data System (LEADS), the

16  Uniform Crime Reporting Act, the Criminal Identification

17  Act, the Illinois Uniform Conviction Information Act, and

18  the Gun Trafficking Information Act, or establish or

19  maintain record management systems necessary to conduct

20  human trafficking investigations or gun trafficking or

21  other stolen firearm investigations. This paragraph (21)

22  applies to contracts entered into on or after January 10,

23  2023 (the effective date of Public Act 102-1116) and the

24  renewal of contracts that are in effect on January 10,

25  2023 (the effective date of Public Act 102-1116).

26  (22) Contracts for project management services and
    SB3272 Enrolled  - 10 - LRB104 18654 AAS 32097 b

1   system integration services required for the completion of

2   the State's enterprise resource planning project. This

3   exemption becomes inoperative 5 years after June 7, 2023

4   (the effective date of the changes made to this Section by

5   Public Act 103-8). This paragraph (22) applies to

6   contracts entered into on or after June 7, 2023 (the

7   effective date of the changes made to this Section by

8   Public Act 103-8) and the renewal of contracts that are in

9   effect on June 7, 2023 (the effective date of the changes

10  made to this Section by Public Act 103-8).

11  (23) Procurements necessary for the Department of

12  Insurance to implement the Illinois Health Benefits

13  Exchange Law if the Department of Insurance has made a

14  good faith determination that it is necessary and

15  appropriate for the expenditure to fall within this

16  exemption. The procurement process shall be conducted in a

17  manner substantially in accordance with the requirements

18  of Sections 20-160 and 25-60 and Article 50 of this Code. A

19  copy of these contracts shall be made available to the

20  Chief Procurement Officer immediately upon request. This

21  paragraph is inoperative 5 years after June 27, 2023 (the

22  effective date of Public Act 103-103).

23  (24) Contracts for public education programming,

24  noncommercial sustaining announcements, public service

25  announcements, and public awareness and education

26  messaging with the nonprofit trade associations of the
    SB3272 Enrolled    - 11 - LRB104 18654 AAS 32097 b

1   providers of those services that inform the public on

2   immediate and ongoing health and safety risks and hazards.

3   (25) Procurements necessary for the Department of

4   Early Childhood to implement the Department of Early

5   Childhood Act if the Department has made a good faith

6   determination that it is necessary and appropriate for the

7   expenditure to fall within this exemption. This exemption

8   shall only be used for products and services procured

9   solely for use by the Department of Early Childhood. The

10  procurements may include those necessary to design and

11  build integrated, operational systems of programs and

12  services. The procurements may include, but are not

13  limited to, those necessary to align and update program

14  standards, integrate funding systems, design and establish

15  data and reporting systems, align and update models for

16  technical assistance and professional development, design

17  systems to manage grants and ensure compliance, design and

18  implement management and operational structures, and

19  establish new means of engaging with families, educators,

20  providers, and stakeholders. The procurement processes

21  shall be conducted in a manner substantially in accordance

22  with the requirements of Article 50 (ethics) and Sections

23  5-5 (Procurement Policy Board), 5-7 (Commission on Equity

24  and Inclusion), 20-80 (contract files), 20-120

25  (subcontractors),  20-155  (paperwork),  20-160

26  (ethics/campaign contribution prohibitions), 25-60
    SB3272 Enrolled      - 12 - LRB104 18654 AAS 32097 b

1   (prevailing wage), and 25-90 (prohibited and authorized

2   cybersecurity) of this Code. Beginning January 1, 2025,

3   the Department of Early Childhood shall provide a

4   quarterly report to the General Assembly detailing a list

5   of expenditures and contracts for which the Department

6   uses this exemption. This paragraph is inoperative on and

7   after July 1, 2027.

8   (26) Procurements that are necessary for increasing

9   the recruitment and retention of State employees,

10  particularly minority candidates for employment,

11  including:

12  (A) procurements related to registration fees for

13  job fairs and other outreach and recruitment events;

14  (B) production of recruitment materials; and

15  (C) other services related to recruitment and

16  retention of State employees.

17  The exemption under this paragraph (26) applies only

18  if the State agency has made a good faith determination

19  that it is necessary and appropriate for the expenditure

20  to fall within this paragraph (26). The procurement

21  process under this paragraph (26) shall be conducted in a

22  manner substantially in accordance with the requirements

23  of Sections 20-160 and 25-60 and Article 50 of this Code. A

24  copy of these contracts shall be made available to the

25  Chief Procurement Officer immediately upon request.

26  Nothing in this paragraph (26) authorizes the replacement
    SB3272 Enrolled            - 13 - LRB104 18654 AAS 32097 b

1   or diminishment of State responsibilities in hiring or the

2   positions that effectuate that hiring. This paragraph (26)

3   is inoperative on and after June 30, 2029.

4   (27) Procurements necessary for the Department of

5   Healthcare and Family Services to implement changes to the

6   State's Integrated Eligibility System to ensure the

7   system's compliance with federal implementation mandates

8   and deadlines, if the Department of Healthcare and Family

9   Services has made a good faith determination that it is

10  necessary and appropriate for the procurement to fall

11  within this exemption.

12  Notwithstanding any other provision of law, for contracts

13 with an annual value of more than $100,000 entered into on or

14 after October 1, 2017 under an exemption provided in any

15 paragraph of this subsection (b), except paragraph (1), (2),

16 or (5), each State agency shall post to the appropriate

17 procurement bulletin the name of the contractor, a description

18 of the supply or service provided, the total amount of the

19 contract, the term of the contract, and the exception to the

20 Code utilized. The chief procurement officer shall submit a

21 report to the Governor and General Assembly no later than

22 November 1 of each year that shall include, at a minimum, an

23 annual summary of the monthly information reported to the

24 chief procurement officer.

25  (c) This Code does not apply to the electric power

26 procurement process provided for under Section 1-75 of the
    SB3272 Enrolled           - 14 - LRB104 18654 AAS 32097 b

1 Illinois Power Agency Act and Section 16-111.5 of the Public

2 Utilities Act. This Code does not apply to the procurement of

3 technical and policy experts pursuant to Section 1-129 of the

4 Illinois Power Agency Act.

5   (d) Except for Section 20-160 and Article 50 of this Code,

6 and as expressly required by Section 9.1 of the Illinois

7 Lottery Law, the provisions of this Code do not apply to the

8 procurement process provided for under Section 9.1 of the

9 Illinois Lottery Law.

10  (e) This Code does not apply to the process used by the

11 Capital Development Board to retain a person or entity to

12 assist the Capital Development Board with its duties related

13 to the determination of costs of a clean coal SNG brownfield

14 facility, as defined by Section 1-10 of the Illinois Power

15 Agency Act, as required in subsection (h-3) of Section 9-220

16 of the Public Utilities Act, including calculating the range

17 of capital costs, the range of operating and maintenance

18 costs, or the sequestration costs or monitoring the

19 construction of clean coal SNG brownfield facility for the

20 full duration of construction.

21  (f) (Blank).

22  (g) (Blank).

23  (h) This Code does not apply to the process to procure or

24 contracts entered into in accordance with Sections 11-5.2 and

25 11-5.3 of the Illinois Public Aid Code.

26  (i) Each chief procurement officer may access records
    SB3272 Enrolled  - 15 - LRB104 18654 AAS 32097 b

1 necessary to review whether a contract, purchase, or other

2 expenditure is or is not subject to the provisions of this

3 Code, unless such records would be subject to attorney-client

4 privilege.

5   (j) This Code does not apply to the process used by the

6 Capital Development Board to retain an artist or work or works

7 of art as required in Section 14 of the Capital Development

8 Board Act.

9   (k) This Code does not apply to the process to procure

10 contracts, or contracts entered into, by the State Board of

11 Elections or the State Electoral Board for hearing officers

12 appointed pursuant to the Election Code.

13  (l) This Code does not apply to the processes used by the

14 Illinois Student Assistance Commission to procure supplies and

15 services paid for from the private funds of the Illinois

16 Prepaid Tuition Fund. As used in this subsection (l), "private

17 funds" means funds derived from deposits paid into the

18 Illinois Prepaid Tuition Trust Fund and the earnings thereon.

19  (m) This Code shall apply regardless of the source of

20 funds with which contracts are paid, including federal

21 assistance moneys. Except as specifically provided in this

22 Code, this Code shall not apply to procurement expenditures

23 necessary for the Department of Public Health to conduct the

24 Healthy Illinois Survey in accordance with Section 2310-431 of

25 the Department of Public Health Powers and Duties Law of the

26 Civil Administrative Code of Illinois.
    SB3272 Enrolled          - 16 - LRB104 18654 AAS 32097 b

1 (Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;
2 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.
3 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,
4 eff. 6-16-25; 104-417, eff. 8-15-25)

5   (Text of Section after amendment by P.A. 104-458)

6   Sec. 1-10. Application.

7   (a) This Code applies only to procurements for which

8 bidders, offerors, potential contractors, or contractors were

9 first solicited on or after July 1, 1998. This Code shall not

10 be construed to affect or impair any contract, or any

11 provision of a contract, entered into based on a solicitation

12 prior to the implementation date of this Code as described in

13 Article 99, including, but not limited to, any covenant

14 entered into with respect to any revenue bonds or similar

15 instruments. All procurements for which contracts are

16 solicited between the effective date of Articles 50 and 99 and

17 July 1, 1998 shall be substantially in accordance with this

18 Code and its intent.

19  (b) This Code shall apply regardless of the source of the

20 funds with which the contracts are paid, including federal

21 assistance moneys. This Code shall not apply to:

22  (1) Contracts between the State and its political

23  subdivisions or other governments, or between State

24  governmental bodies, except as specifically provided in

25  this Code.
    SB3272 Enrolled   - 17 - LRB104 18654 AAS 32097 b

1   (2) Grants, except for the filing requirements of

2   Section 20-80.

3   (3) Purchase of care, except as provided in Section

4   5-30.6 of the Illinois Public Aid Code and this Section.

5   (4) Hiring of an individual as an employee and not as

6   an independent contractor, whether pursuant to an

7   employment code or policy or by contract directly with

8   that individual.

9   (5) Collective bargaining contracts.

10  (6) Purchase of real estate, except that notice of

11  this type of contract with a value of more than $25,000

12  must be published in the Procurement Bulletin within 10

13  calendar days after the deed is recorded in the county of

14  jurisdiction. The notice shall identify the real estate

15  purchased, the names of all parties to the contract, the

16  value of the contract, and the effective date of the

17  contract.

18  (7) Contracts necessary to prepare for anticipated

19  litigation, enforcement actions, or investigations,

20  provided that the chief legal counsel to the Governor

21  shall give his or her prior approval when the procuring

22  agency is one subject to the jurisdiction of the Governor,

23  and provided that the chief legal counsel of any other

24  procuring entity subject to this Code shall give his or

25  her prior approval when the procuring entity is not one

26  subject to the jurisdiction of the Governor.
    SB3272 Enrolled  - 18 - LRB104 18654 AAS 32097 b

1   (8) (Blank).

2   (9) Procurement expenditures by the Illinois

3   Conservation Foundation when only private funds are used.

4   (10) (Blank).

5   (11) Public-private agreements entered into according

6   to the procurement requirements of Section 20 of the

7   Public-Private Partnerships for Transportation Act and

8   design-build agreements entered into according to the

9   procurement requirements of Section 25 of the

10  Public-Private Partnerships for Transportation Act.

11  (12) (A) Contracts for legal, financial, and other

12  professional and artistic services entered into by the

13  Illinois Finance Authority in which the State of Illinois

14  is not obligated. Such contracts shall be awarded through

15  a competitive process authorized by the members of the

16  Illinois Finance Authority and are subject to Sections

17  5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,

18  as well as the final approval by the members of the

19  Illinois Finance Authority of the terms of the contract.

20  (B) Contracts for legal and financial services entered

21  into by the Illinois Housing Development Authority in

22  connection with the issuance of bonds in which the State

23  of Illinois is not obligated. Such contracts shall be

24  awarded through a competitive process authorized by the

25  members of the Illinois Housing Development Authority and

26  are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
    SB3272 Enrolled  - 19 - LRB104 18654 AAS 32097 b

1   and 50-37 of this Code, as well as the final approval by

2   the members of the Illinois Housing Development Authority

3   of the terms of the contract.

4   (13) Contracts for services, commodities, and

5   equipment to support the delivery of timely forensic

6   science services in consultation with and subject to the

7   approval of the Chief Procurement Officer as provided in

8   subsection (d) of Section 5-4-3a of the Unified Code of

9   Corrections, except for the requirements of Sections

10  20-60, 20-65, 20-70, and 20-160 and Article 50 of this

11  Code; however, the Chief Procurement Officer may, in

12  writing with justification, waive any certification

13  required under Article 50 of this Code. For any contracts

14  for services which are currently provided by members of a

15  collective bargaining agreement, the applicable terms of

16  the collective bargaining agreement concerning

17  subcontracting shall be followed.

18  On and after January 1, 2019, this paragraph (13),

19  except for this sentence, is inoperative.

20  (14) Contracts for participation expenditures required

21  by a domestic or international trade show or exhibition of

22  an exhibitor, member, or sponsor.

23  (15) Contracts with a railroad or utility that

24  requires the State to reimburse the railroad or utilities

25  for the relocation of utilities for construction or other

26  public purpose. Contracts included within this paragraph
    SB3272 Enrolled  - 20 - LRB104 18654 AAS 32097 b

1   (15) shall include, but not be limited to, those

2   associated with: relocations, crossings, installations,

3   and maintenance. For the purposes of this paragraph (15),

4   "railroad" means any form of non-highway ground

5   transportation that runs on rails or electromagnetic

6   guideways and "utility" means: (1) public utilities as

7   defined in Section 3-105 of the Public Utilities Act, (2)

8   telecommunications carriers as defined in Section 13-202

9   of the Public Utilities Act, (3) electric cooperatives as

10  defined in Section 3.4 of the Electric Supplier Act, (4)

11  telephone or telecommunications cooperatives as defined in

12  Section 13-212 of the Public Utilities Act, (5) rural

13  water or wastewater waste water systems with 10,000

14  connections or less, (6) a holder as defined in Section

15  21-201 of the Public Utilities Act, and (7) municipalities

16  owning or operating utility systems consisting of public

17  utilities as that term is defined in Section 11-117-2 of

18  the Illinois Municipal Code.

19  (16) Procurement expenditures necessary for the

20  Department of Public Health to provide the delivery of

21  timely newborn screening services in accordance with the

22  Newborn Metabolic Screening Act.

23  (17) Procurement expenditures necessary for the

24  Department of Agriculture, the Department of Financial and

25  Professional Regulation, the Department of Human Services,

26  and the Department of Public Health to implement the
    SB3272 Enrolled  - 21 - LRB104 18654 AAS 32097 b

1   Compassionate Use of Medical Cannabis Program and Opioid

2   Alternative Pilot Program requirements and ensure access

3   to medical cannabis for patients with debilitating medical

4   conditions in accordance with the Compassionate Use of

5   Medical Cannabis Program Act.

6   (18) This Code does not apply to any procurements

7   necessary for the Department of Agriculture, the

8   Department of Financial and Professional Regulation, the

9   Department of Human Services, the Department of Commerce

10  and Economic Opportunity, and the Department of Public

11  Health to implement the Cannabis Regulation and Tax Act if

12  the applicable agency has made a good faith determination

13  that it is necessary and appropriate for the expenditure

14  to fall within this exemption and if the process is

15  conducted in a manner substantially in accordance with the

16  requirements of Sections 20-160, 25-60, 30-22, 50-5,

17  50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,

18  50-36, 50-37, 50-38, and 50-50 of this Code; however, for

19  Section 50-35, compliance applies only to contracts or

20  subcontracts over $100,000. Notice of each contract

21  entered into under this paragraph (18) that is related to

22  the procurement of goods and services identified in

23  paragraph (1) through (9) of this subsection shall be

24  published in the Procurement Bulletin within 14 calendar

25  days after contract execution. The Chief Procurement

26  Officer shall prescribe the form and content of the
    SB3272 Enrolled  - 22 - LRB104 18654 AAS 32097 b

1   notice. Each agency shall provide the Chief Procurement

2   Officer, on a monthly basis, in the form and content

3   prescribed by the Chief Procurement Officer, a report of

4   contracts that are related to the procurement of goods and

5   services identified in this subsection. At a minimum, this

6   report shall include the name of the contractor, a

7   description of the supply or service provided, the total

8   amount of the contract, the term of the contract, and the

9   exception to this Code utilized. A copy of any or all of

10  these contracts shall be made available to the Chief

11  Procurement Officer immediately upon request. The Chief

12  Procurement Officer shall submit a report to the Governor

13  and General Assembly no later than November 1 of each year

14  that includes, at a minimum, an annual summary of the

15  monthly information reported to the Chief Procurement

16  Officer. This exemption becomes inoperative 5 years after

17  June 25, 2019 (the effective date of Public Act 101-27).

18  (19) Acquisition of modifications or adjustments,

19  limited to assistive technology devices and assistive

20  technology services, adaptive equipment, repairs, and

21  replacement parts to provide reasonable accommodations (i)

22  that enable a qualified applicant with a disability to

23  complete the job application process and be considered for

24  the position such qualified applicant desires, (ii) that

25  modify or adjust the work environment to enable a

26  qualified current employee with a disability to perform
    SB3272 Enrolled  - 23 - LRB104 18654 AAS 32097 b

1   the essential functions of the position held by that

2   employee, (iii) to enable a qualified current employee

3   with a disability to enjoy equal benefits and privileges

4   of employment as are enjoyed by other similarly situated

5   employees without disabilities, and (iv) that allow a

6   customer, client, claimant, or member of the public

7   seeking State services full use and enjoyment of and

8   access to its programs, services, or benefits.

9   For purposes of this paragraph (19):

10  "Assistive technology devices" means any item, piece

11  of equipment, or product system, whether acquired

12  commercially off the shelf, modified, or customized, that

13  is used to increase, maintain, or improve functional

14  capabilities of individuals with disabilities.

15  "Assistive technology services" means any service that

16  directly assists an individual with a disability in

17  selection, acquisition, or use of an assistive technology

18  device.

19  "Qualified" has the same meaning and use as provided

20  under the federal Americans with Disabilities Act when

21  describing an individual with a disability.

22  (20) Procurement expenditures necessary for the

23  Illinois Commerce Commission to hire third-party

24  facilitators pursuant to Sections 16-105.17 and 16-108.18

25  of the Public Utilities Act, or an ombudsman pursuant to

26  Section 16-107.5 of the Public Utilities Act, a
    SB3272 Enrolled           - 24 - LRB104 18654 AAS 32097 b

1   facilitator pursuant to Section 16-105.17 of the Public

2   Utilities Act, a grid auditor pursuant to Section

3   16-105.10 of the Public Utilities Act, a facilitator,

4   expert, or consultant pursuant to Sections 16-126.2 and

5   16-202 of the Public Utilities Act, a facilitator, expert,

6   or consultant pursuant to Section 8-512 of the Public

7   Utilities Act, a procurement monitor pursuant to Section

8   16-111.5 of the Public Utilities Act, an ombudsperson

9   pursuant to Section 20-145 of the Public Utilities Act, or

10  consultants and experts pursuant to Section 5-15 of the

11  Utility Data Access Act.

12  (21) Procurement expenditures for the purchase,

13  renewal, and expansion of software, software licenses, or

14  software maintenance agreements that support the efforts

15  of the Illinois State Police to enforce, regulate, and

16  administer the Firearm Owners Identification Card Act, the

17  Firearm Concealed Carry Act, the Firearms Restraining

18  Order Act, the Firearm Dealer License Certification Act,

19  the Law Enforcement Agencies Data System (LEADS), the

20  Uniform Crime Reporting Act, the Criminal Identification

21  Act, the Illinois Uniform Conviction Information Act, and

22  the Gun Trafficking Information Act, or establish or

23  maintain record management systems necessary to conduct

24  human trafficking investigations or gun trafficking or

25  other stolen firearm investigations. This paragraph (21)

26  applies to contracts entered into on or after January 10,
    SB3272 Enrolled  - 25 - LRB104 18654 AAS 32097 b

1   2023 (the effective date of Public Act 102-1116) and the

2   renewal of contracts that are in effect on January 10,

3   2023 (the effective date of Public Act 102-1116).

4   (22) Contracts for project management services and

5   system integration services required for the completion of

6   the State's enterprise resource planning project. This

7   exemption becomes inoperative 5 years after June 7, 2023

8   (the effective date of the changes made to this Section by

9   Public Act 103-8). This paragraph (22) applies to

10  contracts entered into on or after June 7, 2023 (the

11  effective date of the changes made to this Section by

12  Public Act 103-8) and the renewal of contracts that are in

13  effect on June 7, 2023 (the effective date of the changes

14  made to this Section by Public Act 103-8).

15  (23) Procurements necessary for the Department of

16  Insurance to implement the Illinois Health Benefits

17  Exchange Law if the Department of Insurance has made a

18  good faith determination that it is necessary and

19  appropriate for the expenditure to fall within this

20  exemption. The procurement process shall be conducted in a

21  manner substantially in accordance with the requirements

22  of Sections 20-160 and 25-60 and Article 50 of this Code. A

23  copy of these contracts shall be made available to the

24  Chief Procurement Officer immediately upon request. This

25  paragraph is inoperative 5 years after June 27, 2023 (the

26  effective date of Public Act 103-103).
    SB3272 Enrolled  - 26 - LRB104 18654 AAS 32097 b

1   (24) Contracts for public education programming,

2   noncommercial sustaining announcements, public service

3   announcements, and public awareness and education

4   messaging with the nonprofit trade associations of the

5   providers of those services that inform the public on

6   immediate and ongoing health and safety risks and hazards.

7   (25) Procurements necessary for the Department of

8   Early Childhood to implement the Department of Early

9   Childhood Act if the Department has made a good faith

10  determination that it is necessary and appropriate for the

11  expenditure to fall within this exemption. This exemption

12  shall only be used for products and services procured

13  solely for use by the Department of Early Childhood. The

14  procurements may include those necessary to design and

15  build integrated, operational systems of programs and

16  services. The procurements may include, but are not

17  limited to, those necessary to align and update program

18  standards, integrate funding systems, design and establish

19  data and reporting systems, align and update models for

20  technical assistance and professional development, design

21  systems to manage grants and ensure compliance, design and

22  implement management and operational structures, and

23  establish new means of engaging with families, educators,

24  providers, and stakeholders. The procurement processes

25  shall be conducted in a manner substantially in accordance

26  with the requirements of Article 50 (ethics) and Sections
    SB3272 Enrolled      - 27 - LRB104 18654 AAS 32097 b

1   5-5 (Procurement Policy Board), 5-7 (Commission on Equity

2   and Inclusion), 20-80 (contract files), 20-120

3   (subcontractors),    20-155    (paperwork),   20-160

4   (ethics/campaign contribution prohibitions), 25-60

5   (prevailing wage), and 25-90 (prohibited and authorized

6   cybersecurity) of this Code. Beginning January 1, 2025,

7   the Department of Early Childhood shall provide a

8   quarterly report to the General Assembly detailing a list

9   of expenditures and contracts for which the Department

10  uses this exemption. This paragraph is inoperative on and

11  after July 1, 2027.

12  (26) Procurements that are necessary for increasing

13  the recruitment and retention of State employees,

14  particularly minority candidates for employment,

15  including:

16  (A) procurements related to registration fees for

17  job fairs and other outreach and recruitment events;

18  (B) production of recruitment materials; and

19  (C) other services related to recruitment and

20  retention of State employees.

21  The exemption under this paragraph (26) applies only

22  if the State agency has made a good faith determination

23  that it is necessary and appropriate for the expenditure

24  to fall within this paragraph (26). The procurement

25  process under this paragraph (26) shall be conducted in a

26  manner substantially in accordance with the requirements
    SB3272 Enrolled         - 28 - LRB104 18654 AAS 32097 b

1   of Sections 20-160 and 25-60 and Article 50 of this Code. A

2   copy of these contracts shall be made available to the

3   Chief Procurement Officer immediately upon request.

4   Nothing in this paragraph (26) authorizes the replacement

5   or diminishment of State responsibilities in hiring or the

6   positions that effectuate that hiring. This paragraph (26)

7   is inoperative on and after June 30, 2029.

8   (27) Procurements necessary for the Department of

9   Healthcare and Family Services to implement changes to the

10  State's Integrated Eligibility System to ensure the

11  system's compliance with federal implementation mandates

12  and deadlines, if the Department of Healthcare and Family

13  Services has made a good faith determination that it is

14  necessary and appropriate for the procurement to fall

15  within this exemption.

16  Notwithstanding any other provision of law, for contracts

17 with an annual value of more than $100,000 entered into on or

18 after October 1, 2017 under an exemption provided in any

19 paragraph of this subsection (b), except paragraph (1), (2),

20 or (5), each State agency shall post to the appropriate

21 procurement bulletin the name of the contractor, a description

22 of the supply or service provided, the total amount of the

23 contract, the term of the contract, and the exception to the

24 Code utilized. The chief procurement officer shall submit a

25 report to the Governor and General Assembly no later than

26 November 1 of each year that shall include, at a minimum, an
    SB3272 Enrolled           - 29 - LRB104 18654 AAS 32097 b

1 annual summary of the monthly information reported to the

2 chief procurement officer.

3   (c) This Code does not apply to the electric power

4 procurement process provided for under Section 1-75 of the

5 Illinois Power Agency Act and Section 16-111.5 of the Public

6 Utilities Act. This Code does not apply to the procurement of

7 technical and policy experts pursuant to Section 1-129 of the

8 Illinois Power Agency Act.

9   (d) Except for Section 20-160 and Article 50 of this Code,

10 and as expressly required by Section 9.1 of the Illinois

11 Lottery Law, the provisions of this Code do not apply to the

12 procurement process provided for under Section 9.1 of the

13 Illinois Lottery Law.

14  (e) This Code does not apply to the process used by the

15 Capital Development Board to retain a person or entity to

16 assist the Capital Development Board with its duties related

17 to the determination of costs of a clean coal SNG brownfield

18 facility, as defined by Section 1-10 of the Illinois Power

19 Agency Act, as required in subsection (h-3) of Section 9-220

20 of the Public Utilities Act, including calculating the range

21 of capital costs, the range of operating and maintenance

22 costs, or the sequestration costs or monitoring the

23 construction of clean coal SNG brownfield facility for the

24 full duration of construction.

25  (f) (Blank).

26  (g) (Blank).
    SB3272 Enrolled  - 30 - LRB104 18654 AAS 32097 b

1   (h) This Code does not apply to the process to procure or

2 contracts entered into in accordance with Sections 11-5.2 and

3 11-5.3 of the Illinois Public Aid Code.

4   (i) Each chief procurement officer may access records

5 necessary to review whether a contract, purchase, or other

6 expenditure is or is not subject to the provisions of this

7 Code, unless such records would be subject to attorney-client

8 privilege.

9   (j) This Code does not apply to the process used by the

10 Capital Development Board to retain an artist or work or works

11 of art as required in Section 14 of the Capital Development

12 Board Act.

13  (k) This Code does not apply to the process to procure

14 contracts, or contracts entered into, by the State Board of

15 Elections or the State Electoral Board for hearing officers

16 appointed pursuant to the Election Code.

17  (l) This Code does not apply to the processes used by the

18 Illinois Student Assistance Commission to procure supplies and

19 services paid for from the private funds of the Illinois

20 Prepaid Tuition Fund. As used in this subsection (l), "private

21 funds" means funds derived from deposits paid into the

22 Illinois Prepaid Tuition Trust Fund and the earnings thereon.

23  (m) This Code shall apply regardless of the source of

24 funds with which contracts are paid, including federal

25 assistance moneys. Except as specifically provided in this

26 Code, this Code shall not apply to procurement expenditures
    SB3272 Enrolled      - 31 - LRB104 18654 AAS 32097 b

1 necessary for the Department of Public Health to conduct the
2 Healthy Illinois Survey in accordance with Section 2310-431 of
3 the Department of Public Health Powers and Duties Law of the
4 Civil Administrative Code of Illinois.
5 (Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;
6 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.
7 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,
8 eff. 6-16-25; 104-417, eff. 8-15-25; 104-458, eff. 6-1-26;
9 revised 1-12-26.)

10  Section 10. The Public Utilities Act is amended by

11 changing Section 8-512 as follows:

12  (220 ILCS 5/8-512)

13  (Text of Section before amendment by P.A. 104-458)

14  Sec. 8-512. Renewable energy access plan.

15  (a) It is the policy of this State to promote

16 cost-effective transmission system development that ensures

17 reliability of the electric transmission system, lowers carbon

18 emissions, minimizes long-term costs for consumers, and

19 supports the electric policy goals of this State. The General

20 Assembly finds that:

21  (1) Transmission planning, primarily for reliability

22  purposes, but also for economic and public policy reasons

23  is conducted by regional transmission organizations in

24  which transmission-owning Illinois utilities and other
    SB3272 Enrolled   - 32 - LRB104 18654 AAS 32097 b

1   stakeholders are members.

2   (2) Order No. 1000 of the Federal Energy Regulatory

3   Commission requires regional transmission organizations to

4   plan for transmission system needs in light of State

5   public policies and to accept input from states during the

6   transmission system planning processes.

7   (3) The State of Illinois does not currently have a

8   comprehensive power and environmental policy planning

9   process to identify transmission infrastructure needs that

10  can serve as a vital input into the regional and

11  interregional transmission organization planning

12  processes conducted under Order No. 1000 and other laws

13  and regulations.

14  (4) This State is an electricity generation and power

15  transmission hub, and can leverage that position to invest

16  in infrastructure that enables new and existing Illinois

17  generators to meet the public policy goals of the State of

18  Illinois and of interconnected states while

19  cost-effectively supporting tens of thousands of jobs in

20  the renewable energy sector in this State.

21  (5) The nation has a need to readily access this

22  State's low-cost, clean electric power, and this State

23  also desires access to clean energy resources in other

24  states to develop and support its low-carbon economy and

25  keep electricity prices low in Illinois and interconnected

26  States.
    SB3272 Enrolled  - 33 - LRB104 18654 AAS 32097 b

1   (6) Existing transmission infrastructure may constrain

2   the State's achievement of 100% renewable energy by 2050,

3   the accelerated adoption of electric vehicles in a just

4   and equitable way, and electrification of additional

5   sectors of the Illinois economy.

6   (7) Transmission system congestion within this State

7   and the regional transmission organizations serving this

8   State limits the ability of this State's existing and new

9   electric generation facilities that do not emit carbon

10  dioxide, including renewable energy resources and zero

11  emission facilities, to serve the public policy goals of

12  this State and other states, which constrains investment

13  in this State.

14  (8) Investment in infrastructure to support existing

15  and new electric generation facilities that do not emit

16  carbon dioxide, including renewable energy resources and

17  zero emission facilities, stimulates significant economic

18  development and job growth in this State, as well as

19  creates environmental and public health benefits in this

20  State.

21  (9) Creating a forward-looking plan for this State's

22  electric transmission infrastructure, as opposed to

23  relying on case-by-case development and repeated marginal

24  upgrades, will achieve a lower-cost system for Illinois'

25  electricity customers. A forward-looking plan can also

26  help integrate and achieve a comprehensive set of
    SB3272 Enrolled  - 34 - LRB104 18654 AAS 32097 b

1   objectives and multiple state, regional, and national

2   policy goals.

3   (10) Alternatives to overhead electric transmission

4   lines can achieve cost-effective resolution of system

5   impacts and warrant investigation of the circumstances

6   under which those alternatives should be considered and

7   approved. The alternatives are likely to be beneficial as

8   investment in electric transmission infrastructure moves

9   forward.

10  (11) Because transmission planning is conducted

11  primarily by the regional transmission organizations, the

12  Commission should be advocating for the State's interests

13  at the regional transmission organizations to ensure that

14  such planning facilitates the State's policies and goals,

15  including overall consumer savings, power system

16  reliability, economic development, environmental

17  improvement, and carbon reduction.

18  (b) Consistent with the findings identified in subsection

19 (a), the Commission shall open an investigation to develop and

20 adopt a renewable energy access plan no later than December

21 31, 2022. To assist and support the Commission in the

22 development of the plan, the Commission shall retain the

23 services of technical and policy experts with relevant fields

24 of expertise, solicit technical and policy analysis from the

25 public, and provide for a 120-day open public comment period

26 after publication of a draft report, which shall be published
    SB3272 Enrolled  - 35 - LRB104 18654 AAS 32097 b

1 no later than 90 days after the comment period ends. The plan

2 shall, at a minimum, do the following:

3   (1) designate renewable energy access plan zones

4   throughout this State in areas in which renewable energy

5   resources and suitable land areas are sufficient for

6   developing generating capacity from renewable energy

7   technologies;

8   (2) develop a plan to achieve transmission capacity

9   necessary to deliver the electric output from renewable

10  energy technologies in the renewable energy access plan

11  zones to customers in Illinois and other states in a

12  manner that is most beneficial and cost-effective to

13  customers;

14  (3) use this State's position as an electricity

15  generation and power transmission hub to create new

16  investment in this State's renewable energy resources;

17  (4) consider programs, policies, and electric

18  transmission projects that can be adopted within this

19  State that promote the cost-effective delivery of power

20  from renewable energy resources interconnected to the bulk

21  electric system to meet the renewable portfolio standard

22  targets under subsection (c) of Section 1-75 of the

23  Illinois Power Agency Act;

24  (5) consider proposals to improve regional

25  transmission organizations' regional and interregional

26  system planning processes, especially proposals that
    SB3272 Enrolled          - 36 - LRB104 18654 AAS 32097 b

1   reduce costs and emissions, create jobs, and increase

2   State and regional power system reliability to prevent

3   high-cost outages that can endanger lives, and analyze of

4   how those proposals would improve reliability and

5   cost-effective delivery of electricity in Illinois and the

6   region;

7   (6) make findings and policy recommendations based on

8   technical and policy analysis regarding locations of

9   renewable energy access plan zones and the transmission

10  system developments needed to cost-effectively achieve the

11  public policy goals identified herein;

12  (6.5) make findings and policy recommendations based

13  on analysis regarding the impact of converting non-powered

14  dams to hydropower dams relative to the alternative

15  renewable energy resources; and

16  (7) present the Commission's conclusions and proposed

17  recommendations based on its analysis and use the findings

18  and policy recommendations to determine actions that the

19  Commission should take.

20  (c) No later than December 31, 2025, and every other year

21 thereafter, the Commission shall open an investigation to

22 develop and adopt an updated renewable energy access plan

23 that, at a minimum, evaluates the implementation and

24 effectiveness of the renewable energy access plan, recommends

25 improvements to the renewable energy access plan, and provides

26 changes to transmission capacity necessary to deliver electric
    SB3272 Enrolled      - 37 - LRB104 18654 AAS 32097 b

1 output from the renewable energy access plan zones.
2 (Source: P.A. 102-662, eff. 9-15-21; 103-380, eff. 1-1-24.)

3   (Text of Section after amendment by P.A. 104-458)

4   Sec. 8-512. Renewable energy access plan.

5   (a) It is the policy of this State to promote

6 cost-effective transmission system development that ensures

7 reliability of the electric transmission system, lowers carbon

8 emissions, minimizes long-term costs for consumers, and

9 supports the electric policy goals of this State. The General

10 Assembly finds that:

11  (1) Transmission planning, primarily for reliability

12  purposes, but also for economic and public policy reasons

13  is conducted by regional transmission organizations in

14  which transmission-owning Illinois utilities and other

15  stakeholders are members.

16  (2) Order No. 1000 of the Federal Energy Regulatory

17  Commission requires regional transmission organizations to

18  plan for transmission system needs in light of State

19  public policies and to accept input from states during the

20  transmission system planning processes.

21  (3) The State of Illinois does not currently have a

22  comprehensive power and environmental policy planning

23  process to identify transmission infrastructure needs that

24  can serve as a vital input into the regional and

25  interregional transmission organization planning
    SB3272 Enrolled   - 38 - LRB104 18654 AAS 32097 b

1   processes conducted under Order No. 1000 and other laws

2   and regulations.

3   (4) This State is an electricity generation and power

4   transmission hub, and can leverage that position to invest

5   in infrastructure that enables new and existing Illinois

6   generators to meet the public policy goals of the State of

7   Illinois and of interconnected states while

8   cost-effectively supporting tens of thousands of jobs in

9   the renewable energy sector in this State.

10  (5) The nation has a need to readily access this

11  State's low-cost, clean electric power, and this State

12  also desires access to clean energy resources in other

13  states to develop and support its low-carbon economy and

14  keep electricity prices low in Illinois and interconnected

15  States.

16  (6) Existing transmission infrastructure may constrain

17  the State's achievement of 100% renewable energy by 2050,

18  the accelerated adoption of electric vehicles in a just

19  and equitable way, and electrification of additional

20  sectors of the Illinois economy.

21  (7) Transmission system congestion within this State

22  and the regional transmission organizations serving this

23  State limits the ability of this State's existing and new

24  electric generation facilities that do not emit carbon

25  dioxide, including renewable energy resources and zero

26  emission facilities, to serve the public policy goals of
    SB3272 Enrolled  - 39 - LRB104 18654 AAS 32097 b

1   this State and other states, which constrains investment

2   in this State.

3   (8) Investment in infrastructure to support existing

4   and new electric generation facilities that do not emit

5   carbon dioxide, including renewable energy resources and

6   zero emission facilities, stimulates significant economic

7   development and job growth in this State, as well as

8   creates environmental and public health benefits in this

9   State.

10  (9) Creating a forward-looking plan for this State's

11  electric transmission infrastructure, as opposed to

12  relying on case-by-case development and repeated marginal

13  upgrades, will achieve a lower-cost system for Illinois'

14  electricity customers. A forward-looking plan can also

15  help integrate and achieve a comprehensive set of

16  objectives and multiple state, regional, and national

17  policy goals.

18  (10) Alternatives to overhead electric transmission

19  lines can achieve cost-effective resolution of system

20  impacts and warrant investigation of the circumstances

21  under which those alternatives should be considered and

22  approved. The alternatives are likely to be beneficial as

23  investment in electric transmission infrastructure moves

24  forward.

25  (11) Because transmission planning is conducted

26  primarily by the regional transmission organizations, the
    SB3272 Enrolled       - 40 - LRB104 18654 AAS 32097 b

1   Commission should be advocating for the State's interests

2   at the regional transmission organizations to ensure that

3   such planning facilitates the State's policies and goals,

4   including overall consumer savings, power system

5   reliability, economic development, environmental

6   improvement, and carbon reduction.

7   (12) Advanced transmission technologies have an

8   important role to play in meeting the State's clean energy

9   goals. For the purposes of this Section, "advanced

10  transmission technology" is hardware or software that

11  provides cost-effective increases to the capacity,

12  efficiency, or reliability of existing transmission

13  infrastructure, and includes, but is not limited to: (i)

14  technology that dynamically adjusts the rated capacity of

15  transmission lines based on real-time conditions; (ii)

16  advanced power flow controls used to actively control the

17  flow of electricity across transmission lines to optimize

18  usage or relieve congestion; (iii) software or hardware

19  used to identify optimal transmission grid configurations

20  or enable routing power flows around congestion points;

21  and (iv) advanced transmission line conductors that have a

22  direct current electrical resistance at least 10% lower

23  than existing conductors of a similar diameter on the

24  transmission system.

25  (b) Consistent with the findings identified in subsection

26 (a), the Commission shall open an investigation to develop and
    SB3272 Enrolled  - 41 - LRB104 18654 AAS 32097 b

1 adopt an initial renewable energy access plan no later than

2 December 31, 2022. To assist and support the Commission in the

3 development of the plan, the Commission shall retain the

4 services of technical and policy experts with relevant fields

5 of expertise, solicit technical and policy analysis from the

6 public, and provide for a 120-day open public comment period

7 after publication of a draft report, which shall be published

8 no later than 90 days after the comment period ends. The plan

9 shall, at a minimum, do the following:

10  (1) designate renewable energy access plan zones

11  throughout this State in areas in which renewable energy

12  resources and suitable land areas are sufficient for

13  developing generating capacity from renewable energy

14  technologies;

15  (2) develop a plan to achieve transmission capacity

16  necessary to deliver the electric output from renewable

17  energy technologies in the renewable energy access plan

18  zones to customers in Illinois and other states in a

19  manner that is most beneficial and cost-effective to

20  customers;

21  (3) use this State's position as an electricity

22  generation and power transmission hub to create new

23  investment in this State's renewable energy resources;

24  (4) consider programs, policies, and electric

25  transmission projects that can be adopted within this

26  State that promote the cost-effective delivery of power
    SB3272 Enrolled          - 42 - LRB104 18654 AAS 32097 b

1   from renewable energy resources interconnected to the bulk

2   electric system to meet the renewable portfolio standard

3   targets under subsection (c) of Section 1-75 of the

4   Illinois Power Agency Act;

5   (5) consider proposals to improve regional

6   transmission organizations' regional and interregional

7   system planning processes, especially proposals that

8   reduce costs and emissions, create jobs, and increase

9   State and regional power system reliability to prevent

10  high-cost outages that can endanger lives, and analyze of

11  how those proposals would improve reliability and

12  cost-effective delivery of electricity in Illinois and the

13  region;

14  (6) make findings and policy recommendations based on

15  technical and policy analysis regarding locations of

16  renewable energy access plan zones and the transmission

17  system developments needed to cost-effectively achieve the

18  public policy goals identified herein;

19  (6.5) make findings and policy recommendations based

20  on analysis regarding the impact of converting non-powered

21  dams to hydropower dams relative to the alternative

22  renewable energy resources; and

23  (7) present the Commission's conclusions and proposed

24  recommendations based on its analysis and use the findings

25  and policy recommendations to determine actions that the

26  Commission should take.
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1   (c) No later than December 31, 2025, and updated no later

2 than 180 days after the effective date of this amendatory Act

3 of the 104th General Assembly to incorporate changes pursuant

4 to this amendatory Act of the 104th General Assembly, and

5 every other year thereafter starting in 2028, the Commission

6 shall open an investigation to develop and adopt a renewable

7 energy access plan update that considers electric transmission

8 projects, transmission policies, transmission alternatives,

9 advanced transmission technologies, other ways to expand

10 capacity on existing or future transmission, and transmission

11 headroom and, at a minimum:

12  (1) evaluates the implementation and effectiveness of

13  the renewable energy access plan;

14  (2) recommends improvements to the renewable energy

15  access plan;

16  (3) includes updated inputs and assumptions developed

17  under the integrated resource plan developed and approved

18  pursuant to Section 16-201 and Section 16-202;

19  (4) may request utilities and other parties to

20  specifically identify all elements of the existing

21  transmission system where advanced transmission

22  technologies are likely to achieve enhanced system

23  resilience or reliability, reduce potential siting

24  conflicts or land impacts from the development of new

25  transmission lines, promote the cost-effective delivery of

26  power from renewable energy resources interconnected to
    SB3272 Enrolled  - 44 - LRB104 18654 AAS 32097 b

1   the bulk electric system, enable the interconnection of

2   renewable energy resources, or reduce curtailment of

3   renewable energy resources. The plan must identify all

4   elements of the existing transmission system which have

5   experienced capacity constraints or congestion within the

6   prior 2 years and explain whether any advanced

7   transmission technology could reduce or resolve the

8   capacity constraint or congestion;

9   (5) includes an evaluation of identified and proposed

10  transmission projects, including proposed advanced

11  transmission technology projects, based on independent

12  analysis of costs and benefits, including customer bill

13  impacts over the life of the project and achievement of

14  State clean energy goals. Projects shall be evaluated in

15  coordination with other proposals, and may include a

16  combined evaluation of portfolios of projects;

17  (6) develops a recommended list of transmission

18  projects and advanced transmission technology projects

19  that achieve the clean energy public policy objectives of

20  the State. Nothing in this Section shall limit the

21  recommended list of transmission projects to those

22  initially proposed. However, no transmission or advanced

23  transmission technology project can be included in the

24  recommended list unless evaluated; and

25  (7) considers additional mechanisms designed to

26  capture the potential value of geographically diverse
    SB3272 Enrolled        - 45 - LRB104 18654 AAS 32097 b

1   resources that proposed interregional transmission

2   projects may provide.

3   The Commission may evaluate options for implementation of

4 the recommended list of transmission projects and advanced

5 transmission technology projects that achieve the clean energy

6 public policy objectives of the State, including through the

7 use of a state agreement approach or a similar structure made

8 available through the relevant regional transmission

9 organizations, and approves final recommendations on

10 implementation.

11  The Commission may invite any interested party to identify

12 transmission projects, including any associated network

13 upgrades, necessary to facilitate achievement of the goals of

14 the plan and the most recently approved integrated resource

15 plan. Proposals for projects shall include a description of

16 each project; a proposed target date for completion; an

17 estimated timeline for development; the energy, capacity, and

18 generation profile of renewable generation and energy storage

19 enabled by the project; anticipated new loads served by the

20 project; the proposed technology used, including the use of

21 any advanced transmission technologies; and the status of any

22 permits or approvals necessary. For projects with a target

23 completion date of within 5 years from the date of proposal,

24 the proposal must also include an estimated cost of the

25 project and the proposed routing corridor. The Commission

26 shall aim to complete the updated plan investigation within 12
    SB3272 Enrolled           - 46 - LRB104 18654 AAS 32097 b

1 months of opening.

2   (d) Each transmission-owning State utility serving more

3 than 200,000 customers in this State may prepare a plan for

4 integrating advanced transmission technologies into the

5 utility's existing transmission system. The plan must identify

6 all elements of the existing transmission system where

7 advanced transmission technologies are likely to achieve any

8 of the following purposes:

9   (1) enhance system resilience or reliability;

10  (2) reduce potential siting conflicts or land impacts

11  from the development of new transmission lines;

12  (3) promote the cost-effective delivery of power from

13  renewable energy resources interconnected to the bulk

14  electric system to meet the renewable portfolio standard

15  targets under subsection (c) of Section 1-75 of the

16  Illinois Power Agency Act;

17  (4) enable the interconnection of renewable energy

18  resources to meet the renewable portfolio standard targets

19  under subsection (c) of Section 1-75 of the Illinois Power

20  Agency Act; or

21  (5) reduce curtailment of renewable or zero-carbon

22  resources.

23  The plan must identify all elements of the existing

24 transmission system which have experienced capacity

25 constraints or congestion within the prior 2 years and explain

26 whether any advanced transmission technology could reduce or
    SB3272 Enrolled  - 47 - LRB104 18654 AAS 32097 b

1 resolve the capacity constraint or congestion. Each

2 transmission-owning State utility may submit an advanced

3 transmission technology integration plan to the Commission for

4 consideration as part of the Commission's updated renewable

5 energy access plan investigation under subsection (c). In the

6 Commission's updated renewable energy access plan, the

7 Commission may evaluate, request modifications for, change the

8 timelines of implementation for, and determine the next steps

9 for each advanced transmission integration plan.

10  (e) Each transmission-owning State utility serving more

11 than 200,000 customers in this State may conduct a

12 comprehensive Transmission Headroom Study that shall identify,

13 at a minimum, the points of interconnection with unused,

14 existing transmission headroom on the State system, including

15 available capacity behind existing, underutilized points of

16 interconnection, and the amount of available headroom in

17 megawatts at each identified point of interconnection. Each

18 transmission-owning State utility may submit a Transmission

19 Headroom Study to the Commission for consideration as part of

20 the Commission's updated renewable energy access plan

21 investigation under subsection (c).

22  (f) The Commission shall approve an updated renewable

23 energy access plan if it finds that, at a minimum, the evidence

24 in the investigation meets the criteria outlined in subsection

25 (c) and demonstrates that the updated plan will support the

26 clean energy public policy objectives of the State.
    SB3272 Enrolled         - 48 - LRB104 18654 AAS 32097 b

1   (g) The Commission shall notify the applicable regional

2 transmission organizations and utilities of any final

3 recommendations to support the clean energy public policy

4 objectives of the State.

5   (h) Nothing in this Section alters the rights of

6 transmission utilities (i) under rates on file with the

7 Federal Energy Regulatory Commission or the Illinois Commerce

8 Commission, (ii) under orders and determinations of the

9 Federal Energy Regulatory Commission or a regional

10 transmission organization, or (iii) under applicable State

11 laws and policies.

12  (i) To assist and support the Commission in the

13 development of renewable energy access plan updates, the

14 Commission may retain the services of technical and policy

15 experts with relevant expertise and experience. Such

16 procurement is exempt from the requirements of the Illinois

17 Procurement Code under Section 1-10 of the Illinois

18 Procurement Code. The procurement process shall be conducted

19 in a manner that is substantially in accordance with the

20 requirements of Article 50 of the Illinois Procurement Code.

21 (Source: P.A. 103-380, eff. 1-1-24; 104-458, eff. 6-1-26.)

22  Section 95. No acceleration or delay. Where this Act makes

23 changes in a statute that is represented in this Act by text

24 that is not yet or no longer in effect (for example, a Section

25 represented by multiple versions), the use of that text does
   SB3272 Enrolled  - 49 - LRB104 18654 AAS 32097 b

1 not accelerate or delay the taking effect of (i) the changes
2 made by this Act or (ii) provisions derived from any other
3 Public Act.

4  Section 99. Effective date. This Act takes effect upon

5 becoming law.
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