Andrew Cunningham l Executive Director, Infrastructure Council l 217-520-2345

Session Update

The House and Senate will return to Springfield this Tuesday for the beginning of six scheduled days of veto session. The 2023 Fall session dates are October 24th-26th and November 7th-9th. View the calendar here.

While the session agenda may still be in flux, three notable pieces of legislation were vetoed or received an amendatory veto this summer.

• Removal of Moratorium on new nuclear construction, SB 76 - Vetoed
• Governor Pritzker veto reasoning: The bill provides no regulatory protections for the health and safety of Illinois residents who would live and work around these new reactors...the vague definitions in the bill, including the overly broad definition of advanced reactors, will open the door to proliferation of large scale nuclear reactors that are so costly to build that they will cause exorbitant ratepayer-funded bailouts, such as the recent one totaling over $3 billion for Constellation Energy Corp., a part of Exelon’s former power generation and competitive energy business.
• Procurement Omnibus, HB 2878 - Amendatory Veto
• The recommended action is the deletion of "any county, municipality, or other unit of local government" from the definition of a responsible public entity under the P3 for Transportation Act.
• Governor Pritzker amendatory veto reasoning: the bill also extends the authority for public private partnerships (P3s) in Illinois from the Department of Transportation and Tollway to also include counties, municipalities, and any other unit of local government, while not providing proper oversight. As written, the bill creates a pathway for private industry to enter P3 agreements locally that skirts transparency and anti-corruption requirements established in state statute, including ethics, BEP, campaign finance, and procurement laws. The potential in this bill for opacity and corruption is too great.
• Transmission Lines, First Right of Refusal, HB 3445 - Amendatory Veto 
• HB3445 creates a study on various energy proposals among other inclusions. It also includes that an incumbent electric transmission owner has the right to construct, own, and maintain an electric transmission line that has been approved for construction in a transmission plan and that will connect to facilities that are owned by that incumbent electric transmission owner and are or will be under the functional control of the Midcontinent Independent System Operator (MISO).
• Governor Pritzker amendatory veto reasoning: the right of first refusal language inserted by Senate Amendment 4 will eliminate competition and raise costs for ratepayers by giving incumbent utility providers in the MISO region a monopoly over new transmission lines. Raising costs for ratepayers is particularly concerning in the MISO region, where there is currently over $3.6 billion in planned transmission construction in the Ameren service territory.  

Bills of Interest

HB 4182, Construction Detour was filed. This bill creates the Construction Zone Safe Detour Act. Establishes that a company that provides GPS travel services in the State is required to ensure that at least one person is available to receive official requests 24 hours per day, 7 days per week from emergency services, Illinois State Police, or the Department of Transportation for the purpose of implementing proper detours in the event of construction or emergency. Requires a GPS service provider to upload the detour and routing information provided by emergency services, Illinois State Police, or the Department of Transportation into its navigation system to properly route users of the GPS service provider's systems. Provides that a GPS service provider that fails to implement proper detour routing on an ongoing and emergency basis may be liable for treble damages. Allows an affirmative defense for GPS service providers if emergency services, including the Department of Transportation and Illinois State Police, fail to notify the GPS service provider with routing information. Prohibits the Department from conducting construction on a secondary route or parallel primary highway at the same time, except in an emergency. Requires the Department to reimburse local governments for damages caused to roads within the local government's jurisdiction that arise from any detour around or near a construction zone authorized by the Department. Provides that the Department shall adopt emergency rules for the administration of the Act.

Rulemaking

There was rulemaking of note for this Council in the October 13th and October 20th editions of the Illinois Register.

The Illinois Secretary of State proposed amendments to Cancellation, Revocation or Suspension of Licenses or Permits (92 IAC 1040; 47 Ill Reg 14311) implementing various Public Acts. Of note, provisions in the rulemaking "implement PA 102-982, which replaces the term "accident" with "crash", and PA 103-179, which amends the Illinois Vehicle Code to cite commercial motor vehicle drivers, when not always required to stop at a railroad crossing, for failure to slow and ensure tracks are clear prior to proceeding through a railroad crossing."  

The Pollution Control Board adopted amendments to Air Quality Standards (35 IAC 243; 47 Ill Reg 11412) effective 10/5/23 that update Illinois ambient air quality requirements to align with recent amendments to the federal National Ambient Air Quality Standards (NAAQS) adopted by the U.S. Environmental Protection Agency. These amendments include a notation of the Chicago area's "moderate nonattainment" status under NAAQS and an updated incorporation of USEPA's List of Designated Reference and Equivalent Methods for testing air quality.  

Release: $21 Million for CEJA Contractor Incubator Hubs

Governor Pritzker and the Illinois Department of Commerce and Economic Opportunity (DCEO) launched $21 million in funding for the Clean Energy Contractor Incubator Program or "CEJA Contractor Incubator Hubs." The program establishes a network of 13 community-based hubs across the state offering incubator services designed to assist clean energy contractors - especially those from underserved areas - grow their businesses. The organizations that will run CEJA Contractor Incubator Hubs will be selected through a competitive Notice of Funding Opportunity (NOFO) process.

The CEJA Contractor Incubator Hubs is CEJA's central small business support program among a highly interconnected set of statewide clean energy workforce development and community support programs. The Hubs will provide a variety of services to contractors and clean energy small businesses, including access to low-cost capital, training, mentorship, networking opportunities and other business-related assistance. The program prioritizes support for business owners and contractors from historically marginalized backgrounds as well as entrepreneurs located in environmental justice communities.

Under CEJA, DCEO will administer $180 million per year in workforce and community support programs.

Save the Date: 10th Annual Illinois Chamber New Laws Forum

The New Laws Forum focuses on the new laws and legal developments that will affect ALL Illinois employers in 2024 and beyond. The forum features Illinois attorneys and experts speaking about Illinois laws – as well as representatives from government agencies talking about the latest changes and your peers, a panel of Senior HR professionals discussing how the laws have and will affect their businesses. It's already been a busy year, and more regulation is coming.

When: December 5, 2023 | 8:30 am – 4:30 pm

Where: Doubletree Hilton l 3003 Corporate West Drive

Lisle, IL 60532

Register Here.

Articles of Interest  

U.S. Races to Expand Michigan Locks and Secure the Supply Chain

Dot Foods earns “Great Place To Work” certification

As ridership inches up, the CTA releases a bigger budget but holds off adding service

US Boosts Funds for Infrastructure Program for Developing Nations Above $30 Billion

Hydrogen Demand Is Set to Boom, but Growth Faces Big Hurdles

China Reboots Its Belt and Road Initiative

Not a member and want to learn more about the Illinois Chamber - click here to contact Danielle Blake. Click here to contact Jack Bernhardt.