HB5181: FUNDS AND MANDATES-VARIOUS

HB5181 Enrolled LRB104 19228 SPS 32674 b 1 AN ACT concerning State government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Article 5. 5 Section 5-5. The Election Code is amended by changing 6 Section 1A-50 as follows: 7 (10 ILCS 5/1A-50) 8 Sec. 1A-50. Electronic Registration Information Center. 9 The ERIC Operations Trust Fund. The ERIC Operations Trust Fund 10 (Trust Fund) is created as a nonappropriated trust fund to be 11 held outside of the State treasury, with the State Treasurer 12 as ex officio custodian. The Trust Fund shall be financed by a 13 combination of private donations and by appropriations by the 14 General Assembly. The Board may accept from all sources, 15 contributions, grants, gifts, bequeaths, legacies of money, 16 and securities to be deposited into the Trust Fund. All 17 deposits shall become part of the Trust Fund corpus. Moneys in 18 the Trust Fund are not subject to appropriation and shall be 19 used by the Board solely for the costs and expenses related to 20 the participation in the Electronic Registration Information 21 Center pursuant to this Code. 22 All gifts, grants, assets, funds, or moneys received by HB5181 Enrolled - 2 - LRB104 19228 SPS 32674 b 1 the Board for the purpose of participation in the Electronic 2 Registration Information Center shall be deposited into the 3 Elections Special Projects Fund and shall be used by the Board 4 solely for the costs and expenses related to the participation 5 in the Electronic Registration Information Center pursuant to 6 this Code and held in the Trust Fund by the State Treasurer 7 separate and apart from all public moneys or funds of this 8 State and shall be administered by the Board exclusively for 9 the purposes set forth in this Section. All moneys in the Trust 10 Fund shall be invested and reinvested by the State Treasurer. 11 All interest accruing from these investments shall be 12 deposited into the Trust Fund . 13 The ERIC Operations Trust Fund is not subject to sweeps, 14 administrative chargebacks, or any other fiscal or budgetary 15 maneuver that would in any way transfer any amounts from the 16 ERIC Operations Trust Fund into any other fund of the State. 17 On July 1, 2025, or as soon thereafter as practical, the 18 State Comptroller shall direct and the State Treasurer shall 19 transfer the remaining balance from the ERIC Operations Trust 20 Fund into the Elections Special Projects Fund. Upon completion 21 of the transfer, the ERIC Operations Trust Fund is dissolved, 22 and any future deposits due to that Fund and any outstanding 23 obligations or liabilities of that Fund pass to the Elections 24 Special Projects Fund. 25 (Source: P.A. 104-2, eff. 6-16-25.) HB5181 Enrolled - 3 - LRB104 19228 SPS 32674 b 1 Section 5-10. The State Budget Law of the Civil 2 Administrative Code of Illinois is amended by changing 3 Sections 50-5 and 50-40 as follows: 4 (15 ILCS 20/50-5) 5 Sec. 50-5. Governor to submit State budget. 6 (a) The Governor shall, as soon as possible and not later 7 than the second Wednesday in March in 2010 (March 10, 2010), 8 the third Wednesday in February in 2011, the fourth Wednesday 9 in February in 2012 (February 22, 2012), the first Wednesday 10 in March in 2013 (March 6, 2013), the fourth Wednesday in March 11 in 2014 (March 26, 2014), the first Wednesday in February in 12 2022 (February 2, 2022), and the third Wednesday in February 13 of each year thereafter, except as otherwise provided in this 14 Section, submit a State budget, embracing therein the amounts 15 recommended by the Governor to be appropriated to the 16 respective departments, offices, and institutions, and for all 17 other public purposes, the estimated revenues from taxation, 18 and the estimated revenues from sources other than taxation. 19 Except with respect to the capital development provisions of 20 the State budget, beginning with the revenue estimates 21 prepared for fiscal year 2012, revenue estimates shall be 22 based solely on: (i) revenue sources (including non-income 23 resources), rates, and levels that exist as of the date of the 24 submission of the State budget for the fiscal year and (ii) 25 revenue sources (including non-income resources), rates, and HB5181 Enrolled - 4 - LRB104 19228 SPS 32674 b 1 levels that have been passed by the General Assembly as of the 2 date of the submission of the State budget for the fiscal year 3 and that are authorized to take effect in that fiscal year. 4 Except with respect to the capital development provisions of 5 the State budget, the Governor shall determine available 6 revenue, deduct the cost of essential government services, 7 including, but not limited to, pension payments and debt 8 service, and assign a percentage of the remaining revenue to 9 each statewide prioritized goal, as established in Section 10 50-25 of this Law, taking into consideration the proposed 11 goals set forth in the report of the Commission established 12 under that Section. The Governor shall also demonstrate how 13 spending priorities for the fiscal year fulfill those 14 statewide goals. The amounts recommended by the Governor for 15 appropriation to the respective departments, offices and 16 institutions shall be formulated according to each 17 department's, office's, and institution's ability to 18 effectively deliver services that meet the established 19 statewide goals. The amounts relating to particular functions 20 and activities shall be further formulated in accordance with 21 the object classification specified in Section 13 of the State 22 Finance Act. In addition, the amounts recommended by the 23 Governor for appropriation shall take into account each State 24 agency's effectiveness in achieving its prioritized goals for 25 the previous fiscal year, as set forth in Section 50-25 of this 26 Law, giving priority to agencies and programs that have HB5181 Enrolled - 5 - LRB104 19228 SPS 32674 b 1 demonstrated a focus on the prevention of waste and the 2 maximum yield from resources. 3 The Governor shall also present periodic budget addresses 4 throughout the fiscal year at the invitation of the General 5 Assembly. 6 The Governor shall not propose expenditures and the 7 General Assembly shall not enact appropriations that exceed 8 the resources estimated to be available, as provided in this 9 Section. Appropriations may be adjusted during the fiscal year 10 by means of one or more supplemental appropriation bills if 11 any State agency either fails to meet or exceeds the goals set 12 forth in Section 50-25 of this Law. 13 For the purposes of Article VIII, Section 2 of the 1970 14 Illinois Constitution, the State budget for the following 15 funds shall be prepared on the basis of revenue and 16 expenditure measurement concepts that are in concert with 17 generally accepted accounting principles for governments: 18 (1) General Revenue Fund. 19 (2) Common School Fund. 20 (3) Education Educational Assistance Fund. 21 (4) Road Fund. 22 (5) Motor Fuel Tax Fund. 23 (6) Agricultural Premium Fund. 24 These funds shall be known as the "budgeted funds". The 25 revenue estimates used in the State budget for the budgeted 26 funds shall include the estimated beginning fund balance, plus HB5181 Enrolled - 6 - LRB104 19228 SPS 32674 b 1 revenues estimated to be received during the budgeted year, 2 plus the estimated receipts due the State as of June 30 of the 3 budgeted year that are expected to be collected during the 4 lapse period following the budgeted year, minus the receipts 5 collected during the first 2 months of the budgeted year that 6 became due to the State in the year before the budgeted year. 7 Revenues shall also include estimated federal reimbursements 8 associated with the recognition of Section 25 of the State 9 Finance Act liabilities. For any budgeted fund for which 10 current year revenues are anticipated to exceed expenditures, 11 the surplus shall be considered to be a resource available for 12 expenditure in the budgeted fiscal year. 13 Expenditure estimates for the budgeted funds included in 14 the State budget shall include the costs to be incurred by the 15 State for the budgeted year, to be paid in the next fiscal 16 year, excluding costs paid in the budgeted year which were 17 carried over from the prior year, where the payment is 18 authorized by Section 25 of the State Finance Act. For any 19 budgeted fund for which expenditures are expected to exceed 20 revenues in the current fiscal year, the deficit shall be 21 considered as a use of funds in the budgeted fiscal year. 22 Revenues and expenditures shall also include transfers 23 between funds that are based on revenues received or costs 24 incurred during the budget year. 25 Appropriations for expenditures shall also include all 26 anticipated statutory continuing appropriation obligations HB5181 Enrolled - 7 - LRB104 19228 SPS 32674 b 1 that are expected to be incurred during the budgeted fiscal 2 year. 3 By March 15 of each year, the Commission on Government 4 Forecasting and Accountability shall prepare revenue and fund 5 transfer estimates in accordance with the requirements of this 6 Section and report those estimates to the General Assembly and 7 the Governor. 8 For all funds other than the budgeted funds, the proposed 9 expenditures shall not exceed funds estimated to be available 10 for the fiscal year as shown in the budget. Appropriation for a 11 fiscal year shall not exceed funds estimated by the General 12 Assembly to be available during that year. 13 (b) By February 24, 2010, the Governor must file a written 14 report with the Secretary of the Senate and the Clerk of the 15 House of Representatives containing the following: 16 (1) for fiscal year 2010, the revenues for all 17 budgeted funds, both actual to date and estimated for the 18 full fiscal year; 19 (2) for fiscal year 2010, the expenditures for all 20 budgeted funds, both actual to date and estimated for the 21 full fiscal year; 22 (3) for fiscal year 2011, the estimated revenues for 23 all budgeted funds, including without limitation the 24 affordable General Revenue Fund appropriations, for the 25 full fiscal year; and 26 (4) for fiscal year 2011, an estimate of the HB5181 Enrolled - 8 - LRB104 19228 SPS 32674 b 1 anticipated liabilities for all budgeted funds, including 2 without limitation the affordable General Revenue Fund 3 appropriations, debt service on bonds issued, and the 4 State's contributions to the pension systems, for the full 5 fiscal year. 6 Between July 1 and August 31 of each fiscal year, the 7 members of the General Assembly and members of the public may 8 make written budget recommendations to the Governor. 9 The Beginning with budgets prepared for fiscal year 2013, 10 the budgets submitted by the Governor and appropriations made 11 by the General Assembly for all executive branch State 12 agencies must adhere to a method of budgeting where each 13 priority must be justified each year according to merit rather 14 than according to the amount appropriated for the preceding 15 year. 16 (Source: P.A. 104-435, eff. 11-21-25.) 17 (15 ILCS 20/50-40) 18 Sec. 50-40. General funds defined. "General funds" or 19 "State general funds" means the General Revenue Fund, the 20 Common School Fund, the General Revenue Common School Special 21 Account Fund, the Education Assistance Fund, the Fund for the 22 Advancement of Education, the Commitment to Human Services 23 Fund, and the Budget Stabilization Fund. 24 (Source: P.A. 100-23, eff. 7-6-17.) HB5181 Enrolled - 9 - LRB104 19228 SPS 32674 b 1 Section 5-15. The Children and Family Services Act is 2 amended by changing Section 5a as follows: 3 (20 ILCS 505/5a) (from Ch. 23, par. 5005a) 4 Sec. 5a. Reimbursable services for which the Department of 5 Children and Family Services shall pay 100% of the reasonable 6 cost pursuant to a written contract negotiated between the 7 Department and the agency furnishing the services (which shall 8 include but not be limited to the determination of reasonable 9 cost, the services being purchased and the duration of the 10 agreement) include, but are not limited to: 11 SERVICE ACTIVITIES 12 Adjunctive Therapy; 13 Child Care Service, including day care; 14 Clinical Therapy; 15 Custodial Service; 16 Field Work Students; 17 Food Service; 18 Normal Education; 19 In-Service Training; 20 Intake or Evaluation, or both; 21 Medical Services; 22 Recreation; 23 Social Work or Counselling, or both; 24 Supportive Staff; HB5181 Enrolled - 10 - LRB104 19228 SPS 32674 b 1 Volunteers. 2 OBJECT EXPENSES 3 Professional Fees and Contract Service Payments; 4 Supplies; 5 Telephone and Telegram; 6 Occupancy; 7 Local Transportation; 8 Equipment and Other Fixed Assets, including amortization 9 of same; 10 Miscellaneous. 11 ADMINISTRATIVE COSTS 12 Program Administration; 13 Supervision and Consultation; 14 Inspection and Monitoring for purposes of issuing 15 licenses; 16 Determination of Children who are eligible 17 for federal or other reimbursement; 18 Postage and Shipping; 19 Outside Printing, Artwork, etc.; 20 Subscriptions and Reference Publications; 21 Management and General Expense. 22 Reimbursement of administrative costs other than inspection 23 and monitoring for purposes of issuing licenses may not exceed 24 20% of the costs for other services. HB5181 Enrolled - 11 - LRB104 19228 SPS 32674 b 1 The Department may offer services to any child or family 2 with respect to whom a report of suspected child abuse or 3 neglect has been called in to the hotline after completion of a 4 family assessment as provided under subsection (a-5) of 5 Section 7.4 of the Abused and Neglected Child Reporting Act 6 and the Department has determined that services are needed to 7 address the safety of the child and other family members and 8 the risk of subsequent maltreatment. Acceptance of such 9 services shall be voluntary. 10 All Object Expenses, Service Activities and Administrative 11 Costs are allowable. 12 If a survey instrument is used in the rate setting 13 process: 14 (a) with respect to any day care centers, it shall be 15 limited to those agencies which receive reimbursement from 16 the State; 17 (b) the cost survey instrument shall be promulgated by 18 rule; 19 (c) any requirements of the respondents shall be 20 promulgated by rule; 21 (d) all screens, limits or other tests of 22 reasonableness, allowability and reimbursability shall be 23 promulgated by rule; 24 (e) adjustments may be made by the Department to rates 25 when it determines that reported wage and salary levels 26 are insufficient to attract capable caregivers in HB5181 Enrolled - 12 - LRB104 19228 SPS 32674 b 1 sufficient numbers. 2 The Department of Children and Family Services may pay 3 100% of the reasonable costs of research and valuation focused 4 exclusively on services to youth in care. Such research 5 projects must be approved, in advance, by the Director of the 6 Department. 7 In addition to reimbursements otherwise provided for in 8 this Section, the Department of Human Services, through June 9 30, 2026 and Department of Early Childhood beginning on and 10 after July 1, 2026, shall, in accordance with annual written 11 agreements, make advance quarterly disbursements to local 12 public agencies for child day care services with funds 13 appropriated from the Local Effort Day Care Fund. 14 Neither the Department of Children and Family Services nor 15 the Department of Human Services through June 30, 2026 and the 16 Department of Early Childhood beginning on and after July 1, 17 2026 shall pay or approve reimbursement for day care in a 18 facility which is operating without a valid license or permit, 19 except in the case of day care homes or day care centers which 20 are exempt from the licensing requirements of the Child Care 21 Act of 1969. 22 The rates paid to day care providers by the Department of 23 Children and Family Services shall match the rates paid to 24 child care providers by the Department of Human Services, 25 including base rates and any relevant rate enhancements 26 through June 30, 2026. On and after July 1, 2026, the HB5181 Enrolled - 13 - LRB104 19228 SPS 32674 b 1 Department of Early Childhood shall pay day care providers, 2 who service the Department of Children and Family Services 3 under the child care assistance program, including base rates 4 and any relevant rate enhancements. 5 (Source: P.A. 102-926, eff. 7-1-23; 103-594, eff. 6-25-24.) 6 Section 5-20. The Department of Commerce and Economic 7 Opportunity Law of the Civil Administrative Code of Illinois 8 is amended by changing Sections 605-515 and 605-1075 as 9 follows: 10 (20 ILCS 605/605-515) (was 20 ILCS 605/46.13a) 11 Sec. 605-515. Environmental Regulatory Assistance Program. 12 (a) In this Section, except where the context clearly 13 requires otherwise, "small business stationary source" means a 14 business that is owned or operated by a person that employs 100 15 or fewer individuals; is a small business; is not a major 16 stationary source as defined in Titles I and III of the federal 17 1990 Clean Air Act Amendments; does not emit 50 tons or more 18 per year of any regulated pollutant (as defined under the 19 federal Clean Air Act); and emits less than 75 tons per year of 20 all regulated pollutants. 21 (b) The Department may: 22 (1) Provide access to technical and compliance 23 information for Illinois firms, including small and middle 24 market companies, to facilitate local business compliance HB5181 Enrolled - 14 - LRB104 19228 SPS 32674 b 1 with the federal, State, and local environmental 2 regulations. 3 (2) Coordinate and enter into cooperative agreements 4 with a State ombudsman office, which shall be established 5 in accordance with the federal 1990 Clean Air Act 6 Amendments to provide direct oversight to the program 7 established under that Act. 8 (3) Enter into contracts, cooperative agreements, and 9 financing agreements and establish and collect charges and 10 fees necessary or incidental to the performance of duties 11 and the execution of powers under this Section. 12 (4) Accept and expend, subject to appropriation, 13 gifts, grants, awards, funds, contributions, charges, 14 fees, and other financial or nonfinancial aid from 15 federal, State, and local governmental agencies, 16 businesses, educational agencies, not-for-profit 17 organizations, and other entities, for the purposes of 18 this Section. 19 (5) Establish, staff, and administer programs and 20 services and adopt such rules and regulations necessary to 21 carry out the intent of this Section and Section 507, 22 "Small Business Stationary Source Technical and 23 Environmental Compliance Assistance Program", of the 24 federal 1990 Clean Air Act Amendments. 25 (c) The Department's environmental compliance programs and 26 services for businesses may include, but need not be limited HB5181 Enrolled - 15 - LRB104 19228 SPS 32674 b 1 to, the following: 2 (1) Communication and outreach services to or on 3 behalf of individual companies, including collection and 4 compilation of appropriate information on regulatory 5 compliance issues and control technologies, and 6 dissemination of that information through publications, 7 direct mailings, electronic communications, conferences, 8 workshops, one-on-one counseling, and other means of 9 technical assistance. 10 (2) Provision of referrals and access to technical 11 assistance, pollution prevention and facility audits, and 12 otherwise serving as an information clearinghouse on 13 pollution prevention through the coordination of the 14 Illinois Sustainable Technology Center of the University 15 of Illinois. In addition, environmental and regulatory 16 compliance issues and techniques, which may include 17 business rights and responsibilities, applicable 18 permitting and compliance requirements, compliance methods 19 and acceptable control technologies, release detection, 20 and other applicable information may be provided. 21 (3) Coordination with and provision of administrative 22 and logistical support to the State Compliance Advisory 23 Panel. 24 (d) There is hereby created a special fund in the State 25 Treasury to be known as the Small Business Environmental 26 Assistance Fund. Monies received under subdivision (b)(4) of HB5181 Enrolled - 16 - LRB104 19228 SPS 32674 b 1 this Section shall be deposited into the Clean Air Act Permit 2 Fund. 3 Monies in the Small Business Environmental Assistance Fund 4 may be used, subject to appropriation, only for the purposes 5 authorized by this Section. On July 1, 2025, or as soon 6 thereafter as practical, the State Comptroller shall direct 7 and the State Treasurer shall transfer the remaining balance 8 from the Small Business Environmental Assistance Fund into the 9 Clean Air Act Permit Fund. Upon completion of the transfer, 10 the Small Business Environmental Assistance Fund is dissolved, 11 and any future deposits due to that Fund and any outstanding 12 obligations or liabilities of that Fund shall pass to the 13 Clean Air Act Permit Fund. 14 (e) Subject to appropriation, the Department may use 15 moneys from the Clean Air Act Permit Fund for the purposes 16 authorized by this Section. 17 (Source: P.A. 103-588, eff. 6-5-24; 104-2, eff. 6-16-25.) 18 (20 ILCS 605/605-1075) 19 (Text of Section before amendment by P.A. 104-458 ) 20 Sec. 605-1075. Energy Transition Assistance Fund. 21 (a) The General Assembly hereby declares that management 22 of several economic development programs requires a 23 consolidated funding source to improve resource efficiency. 24 The General Assembly specifically recognizes that properly 25 serving communities and workers impacted by the energy HB5181 Enrolled - 17 - LRB104 19228 SPS 32674 b 1 transition requires that the Department of Commerce and 2 Economic Opportunity have access to the resources required for 3 the execution of the programs for workforce and contractor 4 development, just transition investments and community 5 support, and the implementation and administration of energy 6 and justice efforts by the State. 7 (b) The Department shall be responsible for the 8 administration of the Energy Transition Assistance Fund and 9 shall allocate funding on the basis of priorities established 10 in this Section. Each year, the Department shall determine the 11 available amount of resources in the Fund that can be 12 allocated to the programs identified in this Section, and 13 allocate the funding accordingly. The Department shall, to the 14 extent practical, consider both the short-term and long-term 15 costs of the programs and allocate funding so that the 16 Department is able to cover both the short-term and long-term 17 costs of these programs using projected revenue. 18 The available funding for each year shall be allocated 19 from the Fund in the following order of priority: 20 (1) for costs related to the Clean Jobs Workforce 21 Network Program, up to $21,000,000 annually prior to June 22 1, 2023 and $24,333,333 annually thereafter; 23 (2) for costs related to the Clean Energy Contractor 24 Incubator Program, up to $21,000,000 annually; 25 (3) for costs related to the Clean Energy Primes 26 Contractor Accelerator Program, up to $9,000,000 annually; HB5181 Enrolled - 18 - LRB104 19228 SPS 32674 b 1 (4) for costs related to the Barrier Reduction 2 Program, up to $21,000,000 annually; 3 (5) for costs related to the Jobs and Environmental 4 Justice Grant Program, up to $34,000,000 annually; 5 (6) for costs related to the Returning Residents Clean 6 Jobs Training Program, up to $6,000,000 annually; 7 (7) for costs related to Energy Transition Navigators, 8 up to $6,000,000 annually; 9 (8) for costs related to the Illinois Climate Works 10 Preapprenticeship Program, up to $10,000,000 annually; 11 (9) for costs related to Energy Transition Community 12 Support Grants, up to $40,000,000 annually; 13 (10) for costs related to the Displaced Energy Worker 14 Dependent Scholarship, upon request by the Illinois 15 Student Assistance Commission, up to $1,100,000 annually; 16 (11) up to $10,000,000 annually shall be transferred 17 to the Public Utility Utilities Fund for use by the 18 Illinois Commerce Commission for costs of administering 19 the changes made to the Public Utilities Act by Public Act 20 102-662 this amendatory Act of the 102nd General Assembly ; 21 (12) up to $4,000,000 annually shall be transferred to 22 the Illinois Power Agency Operations Fund for use by the 23 Illinois Power Agency; and 24 (13) for costs related to the Clean Energy Jobs and 25 Justice Fund, up to $1,000,000 annually. 26 The Department is authorized to utilize up to 10% of the HB5181 Enrolled - 19 - LRB104 19228 SPS 32674 b 1 Energy Transition Assistance Fund for administrative and 2 operational expenses to implement the requirements of this 3 Act. 4 (c) Within 30 days after the effective date of this 5 amendatory Act of the 102nd General Assembly, each electric 6 utility serving more than 500,000 customers in the State shall 7 report to the Department its total kilowatt-hours of energy 8 delivered during the 12 months ending on the immediately 9 preceding May 31. By October 31, 2021 and each October 31 10 thereafter, each electric utility serving more than 500,000 11 customers in the State shall report to the Department its 12 total kilowatt-hours of energy delivered during the 12 months 13 ending on the immediately preceding May 31. 14 (d) The Department shall, within 60 days after the 15 effective date of this amendatory Act of the 102nd General 16 Assembly: 17 (1) determine the amount necessary, but not more than 18 $180,000,000, to meet the funding needs of the programs 19 reliant upon the Energy Transition Assistance Fund as a 20 revenue source for the period between the effective date 21 of this amendatory Act of the 102nd General Assembly and 22 December 31, 2021; 23 (2) determine, based on the kilowatt-hour deliveries 24 for the 12 months ending May 31, 2021 reported by the 25 electric utilities under subsection (c), the total energy 26 transition assistance charge to be allocated to each HB5181 Enrolled - 20 - LRB104 19228 SPS 32674 b 1 electric utility for the period between the effective date 2 of this amendatory Act of the 102nd General Assembly and 3 December 31, 2021; and 4 (3) report the total energy transition assistance 5 charge applicable until December 31, 2021 to each electric 6 utility serving more than 500,000 customers in the State 7 and the Illinois Commerce Commission for purposes of 8 filing the tariff pursuant to Section 16-108.30 of the 9 Public Utilities Act. 10 (e) The Department shall by November 30, 2021, and each 11 November 30 thereafter: 12 (1) determine the amount necessary, but not more than 13 $180,000,000, to meet the funding needs of the programs 14 reliant upon the Energy Transition Assistance Fund as a 15 revenue source for the immediately following calendar 16 year; 17 (2) determine, based on the kilowatt-hour deliveries 18 for the 12 months ending on the immediately preceding May 19 31 reported to it by the electric utilities under 20 subsection (c), the total energy transition assistance 21 charge to be allocated to each electric utility for the 22 immediately following calendar year; and 23 (3) report the energy transition assistance charge 24 applicable for the immediately following calendar year to 25 each electric utility serving more than 500,000 customers 26 in the State and the Illinois Commerce Commission for HB5181 Enrolled - 21 - LRB104 19228 SPS 32674 b 1 purposes of filing the tariff pursuant to Section 2 16-108.30 of the Public Utilities Act. 3 (f) The energy transition assistance charge may not exceed 4 $180,000,000 annually. If, at the end of the calendar year, 5 any surplus remains in the Energy Transition Assistance Fund, 6 the Department may allocate the surplus from the fund in the 7 following order of priority: 8 (1) for costs related to the development of the 9 Stretch Energy Codes and other standards at the Capital 10 Development Board, up to $500,000 annually, at the request 11 of the Board; 12 (2) up to $7,000,000 annually shall be transferred to 13 the Energy Efficiency Trust Fund and Clean Air Act Permit 14 Fund for use by the Environmental Protection Agency for 15 costs related to energy efficiency and weatherization, and 16 costs of implementation, administration, and enforcement 17 of the Clean Air Act; and 18 (3) for costs related to State fleet electrification 19 at the Department of Central Management Services, up to 20 $10,000,000 annually, at the request of the Department. 21 (Source: P.A. 102-662, eff. 9-15-21.) 22 (Text of Section after amendment by P.A. 104-458 ) 23 Sec. 605-1075. Energy Transition Assistance Fund. 24 (a) The General Assembly hereby declares that management 25 of several economic development programs requires a HB5181 Enrolled - 22 - LRB104 19228 SPS 32674 b 1 consolidated funding source to improve resource efficiency. 2 The General Assembly specifically recognizes that properly 3 serving communities and workers impacted by the energy 4 transition requires that the Department of Commerce and 5 Economic Opportunity have access to the resources required for 6 the execution of the programs for workforce and contractor 7 development, just transition investments and community 8 support, and the implementation and administration of energy 9 and justice efforts by the State. 10 (b) The Department shall be responsible for the 11 administration of the Energy Transition Assistance Fund and 12 shall allocate funding on the basis of priorities established 13 in this Section. Each year, the Department shall determine the 14 available amount of resources in the Fund that can be 15 allocated to the programs identified in this Section, and 16 allocate the funding accordingly. The Department shall, to the 17 extent practical, consider both the short-term and long-term 18 costs of the programs and allocate funding so that the 19 Department is able to cover both the short-term and long-term 20 costs of these programs using projected revenue. 21 The available funding for each year shall be allocated 22 from the Fund in the following order of priority: 23 (1) for costs related to the Clean Jobs Workforce 24 Network Program, up to $21,000,000 annually prior to June 25 1, 2023; $24,333,333 annually from June 1, 2023 to May 30, 26 2026; and $26,500,000 annually thereafter; HB5181 Enrolled - 23 - LRB104 19228 SPS 32674 b 1 (2) for costs related to the Clean Energy Contractor 2 Incubator Program, up to $21,000,000 annually prior to 3 June 1, 2026 and up to $22,687,403 thereafter; 4 (3) for costs related to the Clean Energy Primes 5 Contractor Accelerator Program, up to $9,000,000 annually; 6 (4) for costs related to the Barrier Reduction 7 Program, up to $21,000,000 annually prior to June 1, 2026 8 and up to $22,143,079 annually thereafter; 9 (5) for costs related to the Jobs and Environmental 10 Justice Grant Program, up to $34,000,000 annually prior to 11 June 1, 2026 and up to $41,000,000 annually thereafter; 12 (6) for costs related to the Returning Residents Clean 13 Jobs Training Program, up to $6,000,000 annually; 14 (7) for costs related to Energy Transition Navigators, 15 up to $6,000,000 annually prior to June 1, 2026 and up to 16 $6,500,000 annually thereafter; 17 (8) for costs related to the Illinois Climate Works 18 Preapprenticeship Program, up to $10,000,000 annually; 19 (9) for costs related to Energy Transition Community 20 Support Grants, up to $40,000,000 annually; 21 (10) for costs related to the Displaced Energy Worker 22 Dependent Scholarship, upon request by the Illinois 23 Student Assistance Commission, up to $1,100,000 annually; 24 (11) up to $10,000,000 annually shall be transferred 25 to the Public Utility Utilities Fund for use by the 26 Illinois Commerce Commission for costs of administering HB5181 Enrolled - 24 - LRB104 19228 SPS 32674 b 1 the changes made to the Public Utilities Act by Public Act 2 102-662 this amendatory Act of the 102nd General Assembly ; 3 (12) up to $4,000,000 annually shall be transferred to 4 the Illinois Power Agency Operations Fund for use by the 5 Illinois Power Agency; and 6 (13) for costs related to the Clean Energy Jobs and 7 Justice Fund, up to $1,000,000 annually. 8 The Department is authorized to utilize up to 10% of the 9 Energy Transition Assistance Fund for administrative and 10 operational expenses to implement the requirements of this 11 Act. 12 (b-5) Beginning January 1, 2028, at the direction of the 13 Department, the State Comptroller shall direct and the State 14 Treasurer shall transfer up to $84,800,000 annually into the 15 Electric Vehicle and Charging Fund from the Energy Transition 16 Assistance Fund for costs related to transportation 17 electrification programs, as described in Section 36 of the 18 Electric Vehicle Rebate Act. The Environmental Protection 19 Agency may use up to 3% of the annual allocation under this 20 subsection (b-5) for administrative and operational expenses. 21 (c) Within 30 days after September 15, 2021 ( the effective 22 date of Public Act 102-662) this amendatory Act of the 102nd 23 General Assembly , each electric utility serving more than 24 500,000 customers in the State shall report to the Department 25 its total kilowatt-hours of energy delivered during the 12 26 months ending on the immediately preceding May 31. By October HB5181 Enrolled - 25 - LRB104 19228 SPS 32674 b 1 31, 2021 and each October 31 thereafter, each electric utility 2 serving more than 500,000 customers in the State shall report 3 to the Department its total kilowatt-hours of energy delivered 4 during the 12 months ending on the immediately preceding May 5 31. 6 (d) The Department shall, within 60 days after September 7 15, 2021 ( the effective date of Public Act 102-662) this 8 amendatory Act of the 102nd General Assembly : 9 (1) determine the amount necessary, but not more than 10 $180,000,000, to meet the funding needs of the programs 11 reliant upon the Energy Transition Assistance Fund as a 12 revenue source for the period between September 15, 2021 13 ( the effective date of Public Act 102-662) this amendatory 14 Act of the 102nd General Assembly and December 31, 2021; 15 (2) determine, based on the kilowatt-hour deliveries 16 for the 12 months ending May 31, 2021 reported by the 17 electric utilities under subsection (c), the total energy 18 transition assistance charge to be allocated to each 19 electric utility for the period between September 15, 2021 20 ( the effective date of Public Act 102-662) this amendatory 21 Act of the 102nd General Assembly and December 31, 2021; 22 and 23 (3) report the total energy transition assistance 24 charge applicable until December 31, 2021 to each electric 25 utility serving more than 500,000 customers in the State 26 and the Illinois Commerce Commission for purposes of HB5181 Enrolled - 26 - LRB104 19228 SPS 32674 b 1 filing the tariff pursuant to Section 16-108.30 of the 2 Public Utilities Act. 3 (d-5) Notwithstanding subsection (d), the Department 4 shall, within 60 days after June 1, 2026 ( the effective date of 5 Public Act 104-458) this amendatory Act of the 104th General 6 Assembly , determine the amount necessary, but not more than 7 $192,000,000, to meet the funding needs of the programs 8 reliant upon the Energy Transition Assistance Fund as a 9 revenue source. 10 (e) The Department shall by November 30, 2021, and each 11 November 30 thereafter: 12 (1) determine the amount necessary, but not more than 13 $180,000,000 before June 1, 2026 ( the effective date of 14 Public Act 104-458) this amendatory Act of the 104th 15 General Assembly and not more than $192,000,000, plus the 16 amount needed to fund the programs described in subsection 17 (b-5), after June 1, 2026 ( the effective date of Public 18 Act 104-458) this amendatory Act of the 104th General 19 Assembly , to meet the funding needs of the programs 20 reliant upon the Energy Transition Assistance Fund as a 21 revenue source for the immediately following calendar 22 year; 23 (2) determine, based on the kilowatt-hour deliveries 24 for the 12 months ending on the immediately preceding May 25 31 reported to it by the electric utilities under 26 subsection (c), the total energy transition assistance HB5181 Enrolled - 27 - LRB104 19228 SPS 32674 b 1 charge to be allocated to each electric utility for the 2 immediately following calendar year; and 3 (3) report the energy transition assistance charge 4 applicable for the immediately following calendar year to 5 each electric utility serving more than 500,000 customers 6 in the State and the Illinois Commerce Commission for 7 purposes of filing the tariff pursuant to Section 8 16-108.30 of the Public Utilities Act. 9 (f) The energy transition assistance charge may not exceed 10 $192,000,000 plus the amount needed to fund the programs 11 described in subsection (b-5) annually. If, at the end of the 12 calendar year, any surplus remains in the Energy Transition 13 Assistance Fund, the Department may allocate the surplus from 14 the fund in the following order of priority: 15 (1) for costs related to the development of the 16 Stretch Energy Codes and other standards at the Capital 17 Development Board, up to $500,000 annually, at the request 18 of the Board; 19 (2) up to $7,000,000 annually shall be transferred to 20 the Energy Efficiency Trust Fund and Clean Air Act Permit 21 Fund for use by the Environmental Protection Agency for 22 costs related to energy efficiency and weatherization, and 23 costs of implementation, administration, and enforcement 24 of the Clean Air Act; and 25 (3) for costs related to State fleet electrification 26 at the Department of Central Management Services, up to HB5181 Enrolled - 28 - LRB104 19228 SPS 32674 b 1 $10,000,000 annually, at the request of the Department. 2 (Source: P.A. 104-458, eff. 6-1-26.) 3 Section 5-25. The Energy Conservation and Coal Development 4 Act is amended by changing Section 11 as follows: 5 (20 ILCS 1105/11) (from Ch. 96 1/2, par. 7411) 6 Sec. 11. Deposit of Illinois Industrial Coal Utilization 7 moneys. The Department is authorized to accept any and all 8 grants, repayments of interest and principal on Industrial 9 Coal Utilization loans, matching funds, reimbursements, 10 appropriations, income derived from investments, or other 11 things of value from the federal or state governments or from 12 any institution, person, partnership, joint venture, or 13 corporation, public or private, received under the Illinois 14 Industrial Coal Utilization Program for deposit into the 15 General Revenue Fund in the State treasury. Any moneys 16 collected as a result of foreclosures of loans or other 17 financing agreements, or the violation of any of their terms, 18 under this program shall also be deposited into the General 19 Revenue Fund. On or as soon as practicable after July 1, 1991, 20 the State Comptroller and the State Treasurer shall transfer 21 the balance of moneys in the Illinois Industrial Coal 22 Utilization Fund to the General Revenue Fund. 23 (Source: P.A. 87-14.) HB5181 Enrolled - 29 - LRB104 19228 SPS 32674 b 1 (20 ILCS 3501/825-95 rep.) 2 (20 ILCS 3501/825-100 rep.) 3 Section 5-30. The Illinois Finance Authority Act is 4 amended by repealing Sections 825-95 and 825-100. 5 Section 5-35. The Illinois Criminal Justice Information 6 Act is amended by changing Section 9.3 as follows: 7 (20 ILCS 3930/9.3) 8 Sec. 9.3. The Prescription Pill and Drug Disposal Fund . 9 The Prescription Pill and Drug Disposal Fund is created as a 10 special fund in the State treasury. Moneys in the Fund shall be 11 used for grants by the Illinois Criminal Justice Information 12 Authority may use the Criminal Justice Information Projects 13 Fund for grants to local law enforcement agencies for the 14 purpose of facilitating the collection, transportation, and 15 incineration of pharmaceuticals from residential sources that 16 are collected and transported by law enforcement agencies 17 under Section 17.9A of the Environmental Protection Act; to 18 municipalities or organizations that establish containers 19 designated for the collection and disposal of unused 20 controlled substances and conduct collection of unused 21 controlled substances through mail-back programs; and for the 22 publication or advertising of collection events or mail-back 23 programs conducted by municipalities or organizations. Before 24 awarding a grant under this Section from this Fund but no later HB5181 Enrolled - 30 - LRB104 19228 SPS 32674 b 1 than July 1, 2016 , the Authority shall adopt rules that (i) 2 specify the conditions under which grants will be awarded 3 under this Section from this Fund and (ii) otherwise provide 4 for the implementation and administration of the grant program 5 created by this Section. Interest attributable to moneys in 6 the Fund shall be paid into the Fund. 7 On July 1, 2025, or as soon thereafter as practical, the 8 State Comptroller shall direct and the State Treasurer shall 9 transfer the remaining balance from the Prescription Pill and 10 Drug Disposal Fund into the Criminal Justice Information 11 Projects Fund. Upon completion of the transfer, the 12 Prescription Pill and Drug Disposal Fund is dissolved, and any 13 future deposits due to that Fund and any outstanding 14 obligations or liabilities of that Fund shall pass to the 15 Criminal Justice Information Projects Fund. 16 (Source: P.A. 104-2, eff. 6-16-25.) 17 Section 5-40. The Balanced Budget Note Act is amended by 18 changing Section 5 as follows: 19 (25 ILCS 80/5) (from Ch. 63, par. 42.93-5) 20 Sec. 5. Supplemental appropriation bill defined. For 21 purposes of this Act, "supplemental appropriation bill" means 22 any appropriation bill that (a) is (a) introduced or amended 23 (including any changes to legislation by means of the 24 submission of a conference committee report) on or after July HB5181 Enrolled - 31 - LRB104 19228 SPS 32674 b 1 1 of a fiscal year and (b) proposes (as introduced or as 2 amended as the case may be) to authorize, increase, decrease, 3 or reallocate any general funds appropriation for that same 4 fiscal year. For the purposes of this definition, "general 5 funds" has the meaning set forth in Section 50-40 of the State 6 Budget Law of the Civil Administrative Code of Illinois. The 7 general funds consist of the General Revenue Fund, the Common 8 School Fund, the General Revenue Common School Special Account 9 Fund, the Education Assistance Fund, the Fund for the 10 Advancement of Education, the Commitment to Human Services 11 Fund, and the Budget Stabilization Fund. 12 (Source: P.A. 100-587, eff. 6-4-18; revised 6-24-25.) 13 Section 5-45. The State Finance Act is amended by changing 14 Sections 5.908 and 5.921 as follows: 15 (30 ILCS 105/5.908) 16 Sec. 5.908. The Guide Dogs of America Fund. This Section 17 is repealed on January 1, 2027. 18 (Source: P.A. 101-256, eff. 1-1-20; 102-558, eff. 8-20-21.) 19 (30 ILCS 105/5.921) 20 Sec. 5.921. The Mechanics Training Fund. This Section is 21 repealed on January 1, 2027. 22 (Source: P.A. 101-256, eff. 1-1-20; 102-558, eff. 8-20-21.) HB5181 Enrolled - 32 - LRB104 19228 SPS 32674 b 1 (30 ILCS 105/5.693 rep.) 2 (30 ILCS 105/5.741 rep.) 3 (30 ILCS 105/5.817 rep.) 4 Section 5-50. The State Finance Act is amended by 5 repealing Sections 5.693, 5.741, and 5.817. 6 (35 ILCS 5/201.5 rep.) 7 Section 5-55. The Illinois Income Tax Act is amended by 8 repealing Section 201.5. 9 Section 5-60. The Illinois Pesticide Act is amended by 10 changing Section 22.2 as follows: 11 (415 ILCS 60/22.2) (from Ch. 5, par. 822.2) 12 Sec. 22.2. (a) There is hereby created a trust fund in the 13 State Treasury to be known as the Agrichemical Incident 14 Response Trust Fund. Any funds received by the Director of 15 Agriculture from the mandates of Section 13.1 shall be 16 deposited with the Treasurer as ex officio custodian and held 17 separate and apart from any public money of this State, with 18 accruing interest on the trust funds deposited into the trust 19 fund. Disbursement from the fund for purposes as set forth in 20 this Section shall be by voucher ordered by the Director and 21 paid by a warrant drawn by the State Comptroller and 22 countersigned by the State Treasurer. The Director shall order 23 disbursements from the Agrichemical Incident Response Trust HB5181 Enrolled - 33 - LRB104 19228 SPS 32674 b 1 Fund only for payment of the expenses authorized by this Act. 2 Monies in this trust fund shall not be subject to 3 appropriation by the General Assembly but shall be subject to 4 audit by the Auditor General. Should the program be 5 terminated, all unobligated funds in the trust fund shall be 6 transferred to a trust fund to be used for purposes as 7 originally intended or be transferred to the Pesticide Control 8 Fund. Interest earned on the Fund shall be deposited into the 9 Fund. Monies in the Pesticide Control Fund may be used by the 10 Department of Agriculture for the following purposes: 11 (1) for payment of costs of response action incurred 12 by owners or operators of agrichemical facilities as 13 provided in Section 22.3 of this Act; 14 (2) for the Department to take emergency action in 15 response to a release of agricultural pesticides from an 16 agrichemical facility that has created an imminent threat 17 to public health or the environment; 18 (3) for the costs of administering its activities 19 relative to the Fund as delineated in subsections (b) and 20 (c) of this Section; and 21 (4) for the Department to: 22 (A) (blank); and 23 (B) administer the Agrichemical Facility Response 24 Action Program. 25 The total annual expenditures from the Fund for these 26 purposes under this paragraph (4) shall not be more than HB5181 Enrolled - 34 - LRB104 19228 SPS 32674 b 1 $120,000, and no expenditure from the Fund for these 2 purposes shall be made when the Fund balance becomes less 3 than $750,000. 4 (b) The action undertaken shall be such as may be 5 necessary or appropriate to protect human health or the 6 environment. 7 (c) The Director of Agriculture is authorized to enter 8 into contracts and agreements as may be necessary to carry out 9 the Department's duties under this Section. 10 (d) Neither the State, the Director, nor any State 11 employee shall be liable for any damages or injury arising out 12 of or resulting from any action taken under this Section. 13 (e) (Blank). 14 (f) (Blank). On July 1, 2025, or as soon thereafter as 15 practical, the State Comptroller shall direct and the State 16 Treasurer shall transfer the remaining balance from the 17 Agrichemical Incident Response Trust Fund into the Pesticide 18 Control Fund. Upon completion of the transfer, the 19 Agrichemical Incident Response Trust Fund is dissolved, and 20 any future deposits due to that Fund and any outstanding 21 obligations or liabilities of that Fund shall pass to the 22 Pesticide Control Fund. 23 (Source: P.A. 104-2, eff. 6-16-25.) 24 Section 5-65. The Illinois Low-Level Radioactive Waste 25 Management Act is amended by changing Section 14 as follows: HB5181 Enrolled - 35 - LRB104 19228 SPS 32674 b 1 (420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14) 2 (Text of Section before amendment by P.A. 104-458 ) 3 Sec. 14. Waste management funds. 4 (a) There is hereby created in the State Treasury a 5 special fund to be known as the Low-Level Radioactive Waste 6 Facility Development and Operation Fund. All monies within the 7 Low-Level Radioactive Waste Facility Development and Operation 8 Fund shall be invested by the State Treasurer in accordance 9 with established investment practices. Interest earned by such 10 investment shall be returned to the Low-Level Radioactive 11 Waste Facility Development and Operation Fund. The Agency 12 shall deposit all receipts from the fees required under 13 subsections (a) and (b) of Section 13 in the State Treasury to 14 the credit of this Fund. Subject to appropriation, the Agency 15 is authorized to expend all moneys in the Fund in amounts it 16 deems necessary for: 17 (1) hiring personnel and any other operating and 18 contingent expenses necessary for the proper 19 administration of this Act; 20 (2) contracting with any firm for the purpose of 21 carrying out the purposes of this Act; 22 (3) grants to the Central Midwest Interstate Low-Level 23 Radioactive Waste Commission; 24 (4) hiring personnel, contracting with any person, and 25 meeting any other expenses incurred by the Agency in HB5181 Enrolled - 36 - LRB104 19228 SPS 32674 b 1 fulfilling its responsibilities under the Radioactive 2 Waste Compact Enforcement Act; 3 (5) activities under Sections 10, 10.2 and 10.3; 4 (6) payment of fees in lieu of taxes to a local 5 government having within its boundaries a regional 6 disposal facility; 7 (7) payment of grants to counties or municipalities 8 under Section 12.1; and 9 (8) fulfillment of obligations under a community 10 agreement under Section 12.1. 11 In spending monies pursuant to such appropriations, the 12 Agency shall to the extent practicable avoid duplicating 13 expenditures made by any firm pursuant to a contract awarded 14 under this Section. 15 (b) There is hereby created in the State Treasury a 16 special fund to be known as the Low-Level Radioactive Waste 17 Facility Closure, Post-Closure Care and Compensation Fund. All 18 monies within the Low-Level Radioactive Waste Facility 19 Closure, Post-Closure Care and Compensation Fund shall be 20 invested by the State Treasurer in accordance with established 21 investment practices. Interest earned by such investment shall 22 be returned to the Low-Level Radioactive Waste Facility 23 Closure, Post-Closure Care and Compensation Fund. All deposits 24 into this Fund shall be held by the State Treasurer s