RENEWABLE ENERGY ACCESS PLANS

Illinois General Assembly - Full Text of SB3272

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of SB3272

Home

Legislation

Full Text

SB3272 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Engrossed

Enrolled

Senate Amendment 001

Printer Friendly Version

Introduced

Engrossed

Enrolled

Senate Amendment 001

Open PDF

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.

SB3272 Enrolled
- 43 -
LRB104 18654 AAS 32097 b
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.

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn