SOLAR ENERGY CHECKOFF PROGRAM

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HB5388 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5388

Introduced 2/10/2026, by Rep. Ann M. Williams

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.1038 new

Creates the Solar Energy Reliability and Affordability Checkoff
Program Act. Sets forth findings. Defines terms. Creates the Solar Energy
Reliability and Affordability Fund. Provides that the Fund may receive
deposits of moneys collected by the Department of Agriculture under
provisions of the Act concerning the collection of solar energy fees.
Creates the Solar Energy Reliability and Affordability Board appointed by
the Governor to administer and manage the Fund. Sets forth membership
requirements of the Board. Provides that the Board shall ensure that
assessments collected under the Act are used for the creation and
publication of research, communication, marketing, and education programs
that promote accurate information related to, emphasize the clean energy
benefits and affordability of, and promote the adoption of solar energy
systems and energy storage systems, which may include the funding of
third-party organizations for these purposes and any related activities to
carry out the programs as proposed by the Board. Requires each owner,
operator, or developer of a solar energy system to pay a 2 cents per watt
assessment on all solar energy systems sold for installation within the
State to the Department of Agriculture. Provides that assessments are
payable directly to the Board and shall be paid when a commercial renewable
energy facility owner enters into an agricultural impact mitigation
agreement as required under the Renewable Energy Facilities Agricultural
Impact Mitigation Act. Requires the Board to publish an annual financial
and activities report. Amends the State Finance Act to create the Solar
Energy Reliability and Affordability Fund as a special fund in the State
treasury. Effective immediately.
LRB104 19707 AAS 33156 b

A BILL FOR

HB5388
LRB104 19707 AAS 33156 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 1.
Short title.
This Act may be cited as the
Solar
5
Energy Reliability and Affordability Checkoff Program Act.

6

Section 5.
Findings.
The General Assembly finds that:
7

(1) the clean energy sector is a vitally important
8

element of the State's economy that sits at a critical
9

inflection point, with widespread market adoption underway
10

but underfunded public communications makes the sector
11

vulnerable to misinformation;
12

(2) nationwide, fossil fuel trade associations
13

outspend clean energy advocacy 28 to 1, distorting public
14

understanding and undermining public trust and legislative
15

support;
16

(3) to correct for this market inequity, Illinois must
17

launch a State-based checkoff program to support public
18

education and workforce development and boost consumer
19

confidence in low-cost, energy independent, resilient,
20

clean energy technologies;
21

(4) the clean energy checkoff program will be designed
22

to enhance and preserve the economic interests of
23

Illinois;

HB5388
- 2 -
LRB104 19707 AAS 33156 b
1

(5) a technology-specific, fee-based mechanism is
2

necessary to ensure all industry participants contribute
3

equitably and to avoid free rider problems; and
4

(6) Illinois has a unique opportunity to model a
5

rapid, tailored, and transparent approach to promoting
6

clean energy, supporting its climate goals and supporting
7

its energy affordability and environmental justice
8

commitments.

9

Section 10.
Definitions.
As used in this Act:
10

"Board" means the Solar Energy Reliability and
11
Affordability Board.
12

"Clean energy" has the meaning given to that term in
13
Section 1-10 of the Illinois Power Agency Act.
14

"Department" means the Department of Agriculture.
15

"Director" means the Director of Agriculture.
16

"Fund" means the Solar Energy Reliability and
17
Affordability Fund.

18

Section 15.
Solar Energy Reliability and Affordability
19
Fund.
The Solar Energy Reliability and Affordability Fund is
20
created as a special fund in the State treasury to be
21
administered by the Solar Energy Reliability and Affordability
22
Board. The Fund may receive deposits of moneys collected by
23
the Department of Agriculture under Section 30 of this Act.

HB5388
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LRB104 19707 AAS 33156 b
1

Section 20.
Solar Energy Reliability and Affordability
2
Board.
3

(a) The Solar Energy Reliability and Affordability Board
4
is created to administer and manage the Fund.
5

(b) The members of the Board shall be appointed by the
6
Governor as follows:
7

(1) Two representatives of owners, operators, or
8

developers of community solar systems;
9

(2) Two representatives of owners, operators, or
10

developers of utility-scale solar systems;
11

(3) Two representatives of owners, operators, or
12

developers of residential solar systems; and
13

(4) One representative of a solar energy trade
14

association.
15

(c) The total administrative costs to manage the Board
16
shall not exceed 5% of the annual assessments made under
17
Section 30. Board members may be compensated for work
18
performed on behalf of the Board, and may be refunded for
19
travel and administrative expenses incurred in performing
20
their duties as members of the Board.
21

(d) Terms of appointment for Board members may not exceed
22
5 years. A Board member may serve no more than 2 terms.
23

(e) The Governor shall appoint Board members on or before
24
December 31, 2026.
25

(f) The Board shall ensure that assessments collected
26
under Section 30 of this Act are used for the creation and

HB5388
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LRB104 19707 AAS 33156 b
1
publication of research, communication, marketing, and
2
education programs that promote accurate information related
3
to, emphasize the clean energy benefits and affordability of,
4
and promote the adoption of solar energy systems and energy
5
storage systems, which may include the funding of third-party
6
organizations for these purposes and any related activities to
7
carry out the programs as proposed by the Board. Assessments
8
authorized for the programs listed in this subsection (f)
9
shall not be used for political activity of any kind or for
10
preferential treatment of any person to the detriment of other
11
persons in the applicable program.
12

(g) The Board may cooperate with any other local, State,
13
or national commission, organization, or agency, whether
14
voluntary or created by State or national law, that is engaged
15
in work or activities similar to the work and activities of the
16
Board in the promotion of State solar energy systems and may
17
recommend that the Department enter into contracts and
18
agreements with these organizations or agencies for joint
19
research, communication, marketing, and education programs.

20

Section 25.
Solar energy fees.
21

(a) Each owner, operator, or developer of a solar energy
22
system shall pay a 2 cents per watt assessment on all solar
23
energy systems sold for installation within this State to the
24
Department of Agriculture.
25

(b) The assessment shall apply to both (1) wholesale and

HB5388
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LRB104 19707 AAS 33156 b
1
retail transactions in this State, including online sales
2
shipped to addresses in this State, and (2) purchases made for
3
solar energy systems by individuals, businesses, government
4
agencies, and public utilities within this State.
5

(c) The Board may increase the amount of the assessment
6
every 2 years based on inflation and program needs, but not to
7
an amount that exceeds 0.5% of the wholesale value of the
8
product.

9

Section 30.
Collection of solar energy fees.
10

(a) Assessments under Section 25 are payable directly to
11
the Board and shall be paid when a commercial renewable energy
12
facility owner enters into an agricultural impact mitigation
13
agreement as required under the Renewable Energy Facilities
14
Agricultural Impact Mitigation Act.
15

(b) Assessments under Section 25 for owners, operators, or
16
developers of a solar energy system that are not required to
17
enter into an agricultural impact mitigation agreement during
18
the development of a project are payable directly to the Board
19
and shall be paid when a developer enters into a contract for
20
the delivery of renewable energy credits facilitated by the
21
Illinois Power Agency.
22

(c) If an owner, operator, or developer fails to remit the
23
full amount of an assessment under Section 25 or such other sum
24
within 30 days after the due date, the owner, operator, or
25
developer shall be given an opportunity to present their case

HB5388
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LRB104 19707 AAS 33156 b
1
before the Board. Once the correct assessment is determined,
2
the Board may add to such unpaid assessment or other sum a
3
penalty amount not exceeding 10% of the amount due plus the
4
costs of enforcing the collection of the assessment or sum. If
5
an owner, operator, or developer fails to remit any properly
6
due assessment or sum, the Board may bring a civil action
7
against the person in the circuit court of any county in this
8
State for the collection of, together with the additional
9
specified 10% penalty assessment, the costs of enforcing the
10
collection of the assessment and any court costs. The action
11
shall be tried and judgment shall be rendered as in any other
12
cause of action for debts due and payable. All assessments are
13
due and payable to the Board.

14

Section 35.
Reporting and auditing.
15

(a) The Board shall publish an annual financial and
16
activities report that includes the amount of funds collected
17
and any expenditures for programs.
18

(b) The Board shall be audited at least annually by a
19
certified public accountant. The audit shall be made available
20
within 30 days after its completion to the Director and each
21
Board member for dissemination to their respective
22
organizations.
23

(c) The cost of an audit under this Section shall be
24
covered by moneys deposited into the Fund.

HB5388
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LRB104 19707 AAS 33156 b
1

Section 97.
Severability.
The provisions of this Act are
2
severable under Section 1.31 of the Statute on Statutes.

3

Section 100.
The State Finance Act is amended by adding
4
Section 5.1038 as follows:

5

(30 ILCS 105/5.1038 new)
6

Sec. 5.1038.
The Solar Energy Reliability and
7
Affordability Fund.

8

Section 999.
Effective date.
This Act takes effect upon
9
becoming law.

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