Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3238 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0961
2	1		SB3238 EnrolledLRB103 36835 MXP 66946 b SB3238 Enrolled LRB103 36835 MXP 66946 b
3	2		SB3238 Enrolled LRB103 36835 MXP 66946 b
4		-	AN ACT concerning State government.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	(20 ILCS 405/405-530 rep.)
8		-	(20 ILCS 405/405-535 rep.)
9		-	Section 5. The Department of Central Management Services
10		-	Law of the Civil Administrative Code of Illinois is amended by
11		-	repealing Sections 405-530 and 405-535.
12		-	Section 10. The Energy Transition Act is amended by
13		-	changing Section 5-55 as follows:
14		-	(20 ILCS 730/5-55)
15		-	(Section scheduled to be repealed on September 15, 2045)
16		-	Sec. 5-55. Clean Energy Primes Contractor Accelerator
17		-	Program.
18		-	(a) As used in this Section:
19		-	"Approved vendor" means the definition of that term used
20		-	and as may be updated by the Illinois Power Agency.
21		-	"Minority business" means a minority-owned business as
22		-	defined in Section 2 of the Business Enterprise for
23		-	Minorities, Women, and Persons with Disabilities Act.
24		-	"Minority Business Enterprise certification" means the
25		-	certification or recognition certification affidavit from the
	3	+	1 AN ACT concerning State government.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 (20 ILCS 405/405-530 rep.)
	7	+	5 (20 ILCS 405/405-535 rep.)
	8	+	6 Section 5. The Department of Central Management Services
	9	+	7 Law of the Civil Administrative Code of Illinois is amended by
	10	+	8 repealing Sections 405-530 and 405-535.
	11	+	9 Section 10. The Energy Transition Act is amended by
	12	+	10 changing Section 5-55 as follows:
	13	+	11 (20 ILCS 730/5-55)
	14	+	12 (Section scheduled to be repealed on September 15, 2045)
	15	+	13 Sec. 5-55. Clean Energy Primes Contractor Accelerator
	16	+	14 Program.
	17	+	15 (a) As used in this Section:
	18	+	16 "Approved vendor" means the definition of that term used
	19	+	17 and as may be updated by the Illinois Power Agency.
	20	+	18 "Minority business" means a minority-owned business as
	21	+	19 defined in Section 2 of the Business Enterprise for
	22	+	20 Minorities, Women, and Persons with Disabilities Act.
	23	+	21 "Minority Business Enterprise certification" means the
	24	+	22 certification or recognition certification affidavit from the
26	25
27	26
28	27
29	28		SB3238 Enrolled LRB103 36835 MXP 66946 b
30	29
31	30
32		-	Commission on Equity and Inclusion's State of Illinois
33		-	Department of Central Management Services Business Enterprise
34		-	Program or a program with equivalent requirements.
35		-	"Program" means the Clean Energy Primes Contractor
36		-	Accelerator Program.
37		-	"Returning resident" has the meaning given to that term in
38		-	Section 5-50 of this Act.
39		-	(b) Subject to appropriation, the Department shall
40		-	develop, and through a Primes Program Administrator and
41		-	Regional Primes Program Leads described in this Section,
42		-	administer the Clean Energy Primes Contractor Accelerator
43		-	Program. The Program shall be administered in 3 program
44		-	delivery areas: the Northern Illinois Program Delivery Area
45		-	covering Northern Illinois, the Central Illinois Program
46		-	Delivery Area covering Central Illinois, and the Southern
47		-	Illinois Program Delivery Area covering Southern Illinois.
48		-	Prior to developing the Program, the Department shall solicit
49		-	public comments, with a 30-day comment period, to gather input
50		-	on Program implementation and associated community outreach
51		-	options.
52		-	(c) The Program shall be available to selected contractors
53		-	who best meet the following criteria:
54		-	(1) 2 or more years of experience in a clean energy or
55		-	a related contracting field;
56		-	(2) at least $5,000 in annual business; and
57		-	(3) a substantial and demonstrated commitment of
58		-
59		-
60		-	investing in and partnering with individuals and
61		-	institutions in equity investment eligible communities.
62		-	(c-5) The Department shall develop scoring criteria to
63		-	select contractors for the Program, which shall consider:
64		-	(1) projected hiring and industry job creation,
65		-	including wage and benefit expectations;
66		-	(2) a clear vision of strategic business growth and
67		-	how increased capitalization would benefit the business;
68		-	(3) past project work quality and demonstration of
69		-	technical knowledge;
70		-	(4) capacity the applicant is anticipated to bring to
71		-	project development;
72		-	(5) willingness to assume risk;
73		-	(6) anticipated revenues from future projects;
74		-	(7) history of commitment to advancing equity as
75		-	demonstrated by, among other things, employment of or
76		-	ownership by equity investment eligible persons and a
77		-	history of partnership with equity focused community
78		-	organizations or government programs; and
79		-	(8) business models that build wealth in the larger
80		-	underserved community.
81		-	Applicants for Program participation shall be allowed to
82		-	reapply for a future cohort if they are not selected, and the
83		-	Primes Program Administrator shall inform each applicant of
84		-	this option.
85		-	(d) The Department, in consultation with the Primes
86		-
87		-
88		-	Program Administrator and Regional Primes Program Leads, shall
89		-	select a new cohort of participant contractors from each
90		-	Program Delivery Area every 18 months. Each regional cohort
91		-	shall include between 3 and 5 participants. The Program shall
92		-	cap contractors in the energy efficiency sector at 50% of
93		-	available cohort spots and 50% of available grants and loans,
94		-	if possible.
95		-	(e) The Department shall hire a Primes Program
96		-	Administrator with experience in leading a large
97		-	contractor-based business in Illinois; coaching and mentoring;
98		-	the Illinois clean energy industry; and working with equity
99		-	investment eligible community members, organizations, and
100		-	businesses.
101		-	(f) The Department shall select 3 Regional Primes Program
102		-	Leads who shall report directly to the Primes Program
103		-	Administrator. The Regional Primes Program Leads shall be
104		-	located within their Program Delivery Area and have experience
105		-	in leading a large contractor-based business in Illinois;
106		-	coaching and mentoring; the Illinois clean energy industry;
107		-	developing relationships with companies in the Program
108		-	Delivery Area; and working with equity investment eligible
109		-	community members, organizations, and businesses.
110		-	(g) The Department may determine how Program elements will
111		-	be delivered or may contract with organizations with
112		-	experience delivering the Program elements described in
113		-	subsection (h) of this Section.
114		-
115		-
116		-	(h) The Clean Energy Primes Contractor Accelerator Program
117		-	shall provide participants with:
118		-	(1) a 5-year, 6-month progressive course of one-on-one
119		-	coaching to assist each participant in developing an
120		-	achievable 5-year business plan, including review of
121		-	monthly metrics, and advice on achieving participant's
122		-	goals;
123		-	(2) operational support grants not to exceed
124		-	$1,000,000 annually to support the growth of participant
125		-	contractors with access to capital for upfront project
126		-	costs and pre-development funding, among others. The
127		-	amount of the grant shall be based on anticipated project
128		-	size and scope;
129		-	(3) business coaching based on the participant's
130		-	needs;
131		-	(4) a mentorship of approximately 2 years provided by
132		-	a qualified company in the participant's field;
133		-	(5) access to Clean Energy Contractor Incubator
134		-	Program services;
135		-	(6) assistance with applying for Minority Business
136		-	Enterprise certification and other relevant certifications
137		-	and approved vendor status for programs offered by
138		-	utilities or other entities;
139		-	(7) assistance with preparing bids and Request for
140		-	Proposal applications;
141		-	(8) opportunities to be listed in any relevant
142		-
143		-
144		-	directories and databases organized by the Commission on
145		-	Equity and Inclusion Department of Central Management
146		-	Services;
147		-	(9) opportunities to connect with participants in
148		-	other Department programs;
149		-	(10) assistance connecting with and initiating
150		-	participation in the Illinois Power Agency's Adjustable
151		-	Block program, the Illinois Solar for All Program, and
152		-	utility programs; and
153		-	(11) financial development assistance programs such as
154		-	zero-interest and low-interest loans with the Climate Bank
155		-	as established by Article 850 of the Illinois Finance
156		-	Authority Act or a comparable financing mechanism. The
157		-	Illinois Finance Authority shall retain authority to
158		-	determine loan repayment terms and conditions.
159		-	(i) The Primes Program Administrator shall:
160		-	(1) collect and report performance metrics as
161		-	described in this Section;
162		-	(2) review and assess:
163		-	(i) participant work plans and annual goals; and
164		-	(ii) the mentorship program, including approved
165		-	mentor companies and their stipend awards; and
166		-	(3) work with the Regional Primes Program Leads to
167		-	publicize the Program; design and implement a mentorship
168		-	program; and ensure participants are quickly on-boarded.
169		-	(j) The Regional Primes Program Leads shall:
170		-
171		-
172		-	(1) publicize the Program; the budget shall include
173		-	funds to pay community-based organizations with a track
174		-	record of working with equity investment eligible
175		-	communities to complete this work;
176		-	(2) recruit qualified Program applicants;
177		-	(3) assist Program applicants with the application
178		-	process;
179		-	(4) introduce participants to the Program offerings;
180		-	(5) conduct entry and annual assessments with
181		-	participants to identify training, coaching, and other
182		-	Program service needs;
183		-	(6) assist participants in developing goals on entry
184		-	and annually, and assessing progress toward meeting the
185		-	goals;
186		-	(7) establish a metric reporting system with each
187		-	participant and track the metrics for progress against the
188		-	contractor's work plan and Program goals;
189		-	(8) assist participants in receiving their Minority
190		-	Business Enterprise certification and any other relevant
191		-	certifications and approved vendor statuses;
192		-	(9) match participants with Clean Energy Contractor
193		-	Incubator Program offerings and individualized expert
194		-	coaching, including training on working with returning
195		-	residents and companies that employ them;
196		-	(10) pair participants with a mentor company;
197		-	(11) facilitate connections between participants and
198		-
199		-
200		-	potential subcontractors and employees;
201		-	(12) dispense a participant's awarded operational
202		-	grant funding;
203		-	(13) connect participants to zero-interest and
204		-	low-interest loans from the Climate Bank as established by
205		-	Article 850 of the Illinois Finance Authority Act or a
206		-	comparable financing mechanism;
207		-	(14) encourage participants to apply for appropriate
208		-	State and private business opportunities;
209		-	(15) review a participant's progress and make a
210		-	recommendation to the Department about whether the
211		-	participant should continue in the Program, be considered
212		-	a Program graduate, and whether adjustments should be made
213		-	to a participant's grant funding, loans, and related
214		-	services;
215		-	(16) solicit information from participants, which
216		-	participants shall be required to provide, necessary to
217		-	understand the participant's business, including financial
218		-	and income information, certifications that the
219		-	participant is seeking to obtain, and ownership, employee,
220		-	and subcontractor data, including compensation, length of
221		-	service, and demographics; and
222		-	(17) other duties as required.
223		-	(k) Performance metrics. The Primes Program Administrator
224		-	and Regional Primes Program Leads shall collaborate to collect
225		-	and report the following metrics quarterly to the Department
226		-
227		-
228		-	and Advisory Council:
229		-	(1) demographic information on cohort recruiting and
230		-	formation, including racial, gender, geographic
231		-	distribution data, and data on the number and percentage
232		-	of R3 residents, environmental justice community
233		-	residents, foster care alumni, and formerly convicted
234		-	persons who are cohort applicants and admitted
235		-	participants;
236		-	(2) participant contractor engagement in other
237		-	Illinois clean energy programs such as the Adjustable
238		-	Block program, Illinois Solar for All Program, and the
239		-	utility-run energy efficiency and electric vehicle
240		-	programs;
241		-	(3) retention of participants in each cohort;
242		-	(4) total projects bid, started, and completed by
243		-	participants, including information about revenue, hiring,
244		-	and subcontractor relationships with projects;
245		-	(5) certifications issued;
246		-	(6) employment data for contractor hires and industry
247		-	jobs created, including demographic, salary, length of
248		-	service, and geographic data;
249		-	(7) grants and loans distributed; and
250		-	(8) participant satisfaction with the Program.
251		-	The metrics in paragraphs (2), (4), and (6) shall be
252		-	collected from Program participants and graduates for 10 years
253		-	from their entrance into the Program to help the Department
254		-
255		-
256		-	and Program Administrators understand the Program's long-term
257		-	effect.
258		-	Data should be anonymized where needed to protect
259		-	participant privacy.
260		-	The Department shall make such reports publicly available
261		-	on its website.
262		-	(l) Mentorship Program.
263		-	(1) The Regional Primes Program Leads shall recruit,
264		-	and the Primes Program Administrator shall select, with
265		-	approval from the Department, private companies with the
266		-	following qualifications to mentor participants and assist
267		-	them in succeeding in the clean energy industry:
268		-	(i) excellent standing with state clean energy
269		-	programs;
270		-	(ii) 4 or more years of experience in their field;
271		-	and
272		-	(iii) a proven track record of success in their
273		-	field.
274		-	(2) Mentor companies may receive a stipend, determined
275		-	by the Department, for their participation. Mentor
276		-	companies may identify what level of stipend they require.
277		-	(3) The Primes Program Administrator shall develop
278		-	guidelines for mentor company-mentee profit sharing or
279		-	purchased services agreements.
280		-	(4) The Regional Primes Program Leads shall:
281		-	(i) collaborate with mentor companies and
282		-
283		-
284		-	participants to create a plan for ongoing contact such
285		-	as on-the-job training, site walkthroughs, business
286		-	process and structure walkthroughs, quality assurance
287		-	and quality control reviews, and other relevant
288		-	activities;
289		-	(ii) recommend the mentor company-mentee pairings
290		-	and associated mentor company stipends for approval;
291		-	(iii) conduct an annual review of each mentor
292		-	company-mentee pairing and recommend whether the
293		-	pairing continues for a second year and the level of
294		-	stipend that is appropriate. The review shall also
295		-	ensure that any profit sharing and purchased services
296		-	agreements adhere to the guidelines established by the
297		-	Primes Program Administrator.
298		-	(5) Contractors may request reassignment to a new
299		-	mentor company.
300		-	(m) Disparity study. The Program Administrator shall
301		-	cooperate with the Illinois Power Agency in the conduct of a
302		-	disparity study, as described in subsection (c-15) of Section
303		-	1-75 of the Illinois Power Agency Act, and in the effectuation
304		-	of appropriate remedies necessary to address any
305		-	discrimination that such study may find. Potential remedies
306		-	shall include, but not be limited to, race-conscious remedies
307		-	to rapidly eliminate discrimination faced by minority
308		-	businesses and works in the industry this Program serves,
309		-	consistent with the law. Remedies shall be developed through
310		-
311		-
312		-	consultation with individuals, companies, and organizations
313		-	that have expertise on discrimination faced in the market and
314		-	potential legally permissible remedies for addressing it.
315		-	Notwithstanding any other requirement of this Section, the
316		-	Program Administrator shall modify program participation
317		-	criteria or goals as soon as the report has been published, in
318		-	such a way as is consistent with state and federal law, to
319		-	rapidly eliminate discrimination on minority businesses and
320		-	workers in the industry this Program serves by setting
321		-	standards for Program participation. This study will be paid
322		-	for with funds from the Energy Transition Assistance Fund or
323		-	any other lawful source.
324		-	(n) Program budget.
325		-	(1) The Department may allocate up to $3,000,000
326		-	annually to the Primes Program Administrator for each of
327		-	the 3 regional budgets from the Energy Transition
328		-	Assistance Fund.
329		-	(2) The Primes Program Administrator shall work with
330		-	the Illinois Finance Authority and the Climate Bank as
331		-	established by Article 850 of the Illinois Finance
332		-	Authority Act or comparable financing institution so that
333		-	loan loss reserves may be sufficient to underwrite
334		-	$7,000,000 in low-interest loans in each of the 3 Program
335		-	delivery areas.
336		-	(3) Any grant and loan funding shall be made available
337		-	to participants in a timely fashion.
338		-
339		-
340		-	(Source: P.A. 102-662, eff. 9-15-21.)
341		-	Section 15. The Blind Vendors Act is amended by changing
342		-	Section 10 as follows:
343		-	(20 ILCS 2421/10)
344		-	Sec. 10. Business Enterprise Program for the Blind.
345		-	(a) The Business Enterprise Program for the Blind is
346		-	created for the purposes of providing blind persons with
347		-	remunerative employment, enlarging the economic opportunities
348		-	of the blind, and stimulating the blind to greater efforts in
349		-	striving to make themselves self-supporting. In order to
350		-	achieve these goals, blind persons licensed under this Act
351		-	shall be authorized to operate vending facilities on any
352		-	property within this State as provided by this Act.
353		-	It is the intent of the General Assembly that the
354		-	Randolph-Sheppard Act, 20 U.S.C. Sections 107-107f, and the
355		-	federal regulations for its administration set forth in Part
356		-	395 of Title 34 of the Code of Federal Regulations, shall serve
357		-	as a model for minimum standards for the operation of the
358		-	Business Enterprise Program for the Blind. The federal
359		-	Randolph-Sheppard Act provides employment opportunities for
360		-	individuals who are blind or visually impaired through the
361		-	Business Enterprise Program for the Blind. Under the
362		-	Randolph-Sheppard Act, all federal agencies are required to
363		-	give priority to licensed blind vendors in the operation of
364		-
365		-
366		-	vending facilities on federal property. It is the intent of
367		-	this Act to provide the same priority to licensed blind
368		-	vendors on State property by requiring State agencies to give
369		-	priority to licensed blind vendors in the operation of vending
370		-	facilities on State property and preference to licensed blind
371		-	vendors in the operation of cafeteria facilities on State
372		-	property. Furthermore, it is the intent of this Act that all
373		-	State agencies, particularly the Commission on Equity and
374		-	Inclusion Department of Central Management Services, promote
375		-	and advocate for the Business Enterprise Program for the
376		-	Blind.
377		-	(b) The Secretary, through the Director, shall continue,
378		-	maintain, and promote the Business Enterprise Program for the
379		-	Blind. Some or all of the functions of the program may be
380		-	provided by the Department of Human Services. The Business
381		-	Enterprise Program for the Blind must provide that:
382		-	(1) priority is given to blind vendors in the
383		-	operation of vending facilities on State property;
384		-	(2) tie bid preference is given to blind vendors in
385		-	the operation of cafeterias on State property, unless the
386		-	cafeteria operations are operated by employees of a State
387		-	agency;
388		-	(3) vending machine income from all vending machines
389		-	on State property is assigned as provided for by Section
390		-	30 of this Act;
391		-	(4) no State agency may impose any commission, service
392		-
393		-
394		-	charge, rent, or utility charge on a licensed blind vendor
395		-	who is operating a vending facility on State property
396		-	unless approved by the Department;
397		-	(5) the Department shall approve a commission to the
398		-	State agency from a blind vendor operating a vending
399		-	facility on the State property of the Department of
400		-	Corrections or the Department of Juvenile Justice in the
401		-	amount of 10% of the net proceeds from vending machines
402		-	servicing State employees and 25% of the net proceeds from
403		-	vending machines servicing visitors on the State property;
404		-	and
405		-	(6) vending facilities operated by the Program use
406		-	reasonable and necessary means and methods to maintain
407		-	fair market pricing in relation to each facility's given
408		-	demographic, geographic, and other circumstances.
409		-	(c) With respect to vending facilities on federal property
410		-	within this State, priority shall be given as provided in the
411		-	federal Randolph-Sheppard Act, 20 U.S.C. Sections 107-107f,
412		-	including any amendments thereto. This Act, as it applies to
413		-	federal property, is intended to conform to the federal Act,
414		-	and is to be of no force or effect if, and to the extent that,
415		-	any provision of this Act or any rule adopted under this Act is
416		-	in conflict with the federal Act. Nothing in this subsection
417		-	shall be construed to impose limitations on the operation of
418		-	vending facilities on State property, or property other than
419		-	federal property, or to allow only those activities
420		-
421		-
422		-	specifically enumerated in the Randolph-Sheppard Act.
423		-	(d) The Secretary shall actively pursue all commissions
424		-	from vending facilities not operated by blind vendors as
425		-	provided in Section 30 of this Act, and shall propose new
426		-	placements of vending facilities on State property where a
427		-	facility is not yet in place.
428		-	(e) Partnerships and teaming arrangements between blind
429		-	vendors and private industry, including franchise operations,
430		-	shall be fostered and encouraged by the Department.
431		-	(Source: P.A. 96-644, eff. 1-1-10.)
432		-	Section 20. The Illinois Procurement Code is amended by
433		-	changing Section 15-25 as follows:
434		-	(30 ILCS 500/15-25)
435		-	Sec. 15-25. Bulletin content.
436		-	(a) Invitations for bids. Notice of each and every
437		-	contract that is offered, including renegotiated contracts and
438		-	change orders, shall be published in the Bulletin. The
439		-	applicable chief procurement officer may provide by rule an
440		-	organized format for the publication of this information, but
441		-	in any case it must include at least the date first offered,
442		-	the date submission of offers is due, the location that offers
443		-	are to be submitted to, the purchasing State agency, the
444		-	responsible State purchasing officer, a brief purchase
445		-	description, the method of source selection, information of
446		-
447		-
448		-	how to obtain a comprehensive purchase description and any
449		-	disclosure and contract forms, and encouragement to potential
450		-	contractors to hire qualified veterans, as defined by Section
451		-	45-67 of this Code, and qualified Illinois minorities, women,
452		-	persons with disabilities, and residents discharged from any
453		-	Illinois adult correctional center.
454		-	(a-5) All businesses listed on the Illinois Unified
455		-	Certification Program Disadvantaged Business Enterprise
456		-	Directory, the Business Enterprise Program of the Commission
457		-	on Equity and Inclusion Department of Central Management
458		-	Services, and any small business database created pursuant to
459		-	Section 45-45 of this Code shall be furnished written
460		-	instructions and information on how to register for the
461		-	Illinois Procurement Bulletin. This information shall be
462		-	provided to each business within 30 calendar days after the
463		-	business's notice of certification or qualification.
464		-	(b) Contracts let. Notice of each and every contract that
465		-	is let, including renegotiated contracts and change orders,
466		-	shall be issued electronically to those bidders submitting
467		-	responses to the solicitations, inclusive of the unsuccessful
468		-	bidders, immediately upon contract let. Failure of any chief
469		-	procurement officer to give such notice shall result in
470		-	tolling the time for filing a bid protest up to 7 calendar
471		-	days.
472		-	For purposes of this subsection (b), "contracts let" means
473		-	a construction agency's act of advertising an invitation for
474		-
475		-
476		-	bids for one or more construction projects.
477		-	(b-5) Contracts awarded. Notice of each and every contract
478		-	that is awarded, including renegotiated contracts and change
479		-	orders, shall be issued electronically to the successful
480		-	responsible bidder, offeror, or contractor and published in
481		-	the Bulletin. The applicable chief procurement officer may
482		-	provide by rule an organized format for the publication of
483		-	this information, but in any case it must include at least all
484		-	of the information specified in subsection (a) as well as the
485		-	name of the successful responsible bidder, offeror, the
486		-	contract price, the number of unsuccessful bidders or offerors
487		-	and any other disclosure specified in any Section of this
488		-	Code. This notice must be posted in the online electronic
489		-	Bulletin prior to execution of the contract.
490		-	For purposes of this subsection (b-5), "contract award"
491		-	means the determination that a particular bidder or offeror
492		-	has been selected from among other bidders or offerors to
493		-	receive a contract, subject to the successful completion of
494		-	final negotiations. "Contract award" is evidenced by the
495		-	posting of a Notice of Award or a Notice of Intent to Award to
496		-	the respective volume of the Illinois Procurement Bulletin.
497		-	(c) Emergency purchase disclosure. Any chief procurement
498		-	officer or State purchasing officer exercising emergency
499		-	purchase authority under this Code shall publish a written
500		-	description and reasons and the total cost, if known, or an
501		-	estimate if unknown and the name of the responsible chief
502		-
503		-
504		-	procurement officer and State purchasing officer, and the
505		-	business or person contracted with for all emergency purchases
506		-	in the Bulletin. The notice for an emergency procurement other
507		-	than the extension of an emergency contract must be posted in
508		-	the online electronic Bulletin no later than 5 calendar days
509		-	after the contract is awarded, and notice for the extension of
510		-	an emergency contract must be posted in the online electronic
511		-	Bulletin no later than 7 calendar days after the extension is
512		-	executed.
513		-	(c-5) Business Enterprise Program report. Each purchasing
514		-	agency shall, with the assistance of the applicable chief
515		-	procurement officer, post in the online electronic Bulletin a
516		-	copy of its annual report of utilization of businesses owned
517		-	by minorities, women, and persons with disabilities as
518		-	submitted to the Business Enterprise Council for Minorities,
519		-	Women, and Persons with Disabilities pursuant to Section 6(c)
520		-	of the Business Enterprise for Minorities, Women, and Persons
521		-	with Disabilities Act within 10 calendar days after its
522		-	submission of its report to the Council.
523		-	(c-10) Renewals. Notice of each contract renewal shall be
524		-	posted in the Bulletin within 14 calendar days of the
525		-	determination to execute a renewal of the contract. The notice
526		-	shall include at least all of the information required in
527		-	subsection (a) or (b), as applicable.
528		-	(c-15) Sole source procurements. Before entering into a
529		-	sole source contract, a chief procurement officer exercising
530		-
531		-
532		-	sole source procurement authority under this Code shall
533		-	publish a written description of intent to enter into a sole
534		-	source contract along with a description of the item to be
535		-	procured and the intended sole source contractor. This notice
536		-	must be posted in the online electronic Procurement Bulletin
537		-	before a sole source contract is awarded and at least 14
538		-	calendar days before the hearing required by Section 20-25.
539		-	(d) Other required disclosure. The applicable chief
540		-	procurement officer shall provide by rule for the organized
541		-	publication of all other disclosure required in other Sections
542		-	of this Code in a timely manner.
543		-	(e) The changes to subsections (b), (c), (c-5), (c-10),
544		-	and (c-15) of this Section made by Public Act 96-795 apply to
545		-	reports submitted, offers made, and notices on contracts
546		-	executed on or after July 1, 2010 (the effective date of Public
547		-	Act 96-795). The changes made to subsection (c) by this
548		-	amendatory Act of the 102nd General Assembly apply only to
549		-	emergency contract extensions executed on or after the
550		-	effective date of this amendatory Act of the 102nd General
551		-	Assembly.
552		-	(f) Each chief procurement officer shall, in consultation
553		-	with the agencies under his or her jurisdiction, provide the
554		-	Procurement Policy Board with the information and resources
555		-	necessary, and in a manner, to effectuate the purpose of
556		-	Public Act 96-1444.
557		-	(Source: P.A. 102-1119, eff. 1-23-23.)
558		-
559		-
560		-	Section 23. The Commission on Equity and Inclusion Act is
561		-	amended by changing Section 40-10 as follows:
562		-	(30 ILCS 574/40-10)
563		-	Sec. 40-10. Powers and duties. In addition to the other
564		-	powers and duties which may be prescribed in this Act or
565		-	elsewhere, the Commission shall have the following powers and
566		-	duties:
567		-	(1) The Commission shall have a role in all State and
568		-	university procurement by facilitating and streamlining
569		-	communications between the Business Enterprise Council for
570		-	Minorities, Women, and Persons with Disabilities, the
571		-	purchasing entities, the Chief Procurement Officers, and
572		-	others.
573		-	(2) The Commission may create a scoring evaluation for
574		-	State agency directors, public university presidents and
575		-	chancellors, and public community college presidents. The
576		-	scoring shall be based on the following 3 principles: (i)
577		-	increasing capacity; (ii) growing revenue; and (iii)
578		-	enhancing credentials. These principles should be the
579		-	foundation of the agency compliance plan required under
580		-	Section 6 of the Business Enterprise for Minorities,
581		-	Women, and Persons with Disabilities Act.
582		-	(3) The Commission shall exercise the authority and
583		-	duties provided to it under Section 5-7 of the Illinois
584		-
585		-
586		-	Procurement Code.
587		-	(4) The Commission, working with State agencies, shall
588		-	provide support for diversity in State hiring.
589		-	(5) The Commission shall oversee the implementation of
590		-	diversity training of the State workforce.
591		-	(6) Each January, and as otherwise frequently as may
592		-	be deemed necessary and appropriate by the Commission, the
593		-	Commission shall propose and submit to the Governor and
594		-	the General Assembly legislative changes to increase
595		-	inclusion and diversity in State government.
596		-	(7) The Commission shall have oversight over the
597		-	following entities:
598		-	(A) the Illinois African-American Family
599		-	Commission;
600		-	(B) the Illinois Latino Family Commission;
601		-	(C) the Asian American Family Commission;
602		-	(D) the Illinois Muslim American Advisory Council;
603		-	(E) the Illinois African-American Fair Contracting
604		-	Commission created under Executive Order 2018-07; and
605		-	(F) the Business Enterprise Council for
606		-	Minorities, Women, and Persons with Disabilities.
607		-	(7.5) The Commission shall have oversight over the
608		-	collection of supplier diversity reports by State agencies
609		-	to the extent that those agencies are required to collect
610		-	supplier diversity reports. This oversight shall include
611		-	publishing, on the Commission's website, a copy of each
612		-
613		-
614		-	such supplier diversity report submitted to a State agency
615		-	and may include conducting an annual hearing with each
616		-	State agency to discuss ongoing compliance with supplier
617		-	diversity reporting requirements. The Commission is not
618		-	responsible for ensuring compliance by the filers of
619		-	supplier diversity reports to their respective agencies.
620		-	The agencies subject to oversight by the Commission and
621		-	the relevant voluntary supplier diversity reports include
622		-	the following:
623		-	(A) the Health Facilities and Services Review
624		-	Board for hospitals;
625		-	(B) the Department of Commerce and Economic
626		-	Opportunity for tax credit recipients under the
627		-	Economic Development for a Growing Economy Tax Credit
628		-	Act;
629		-	(C) the Illinois Commerce Commission for
630		-	utilities and railroads;
631		-	(D) the Illinois Gaming Board for casinos; and
632		-	(E) the Illinois Racing Board for race tracks.
633		-	(7.6) The Commission may hold public workshops focused
634		-	on specific industries and reports to collaboratively
635		-	connect diverse enterprises with entities that manage
636		-	supplier diversity programs. These workshops may be
637		-	modeled after Illinois Commerce Commission hearings for
638		-	utilities and railroads that include a collaborative
639		-	discussion of filed supplier diversity reports.
640		-
641		-
642		-	(8) The Commission shall adopt any rules necessary for
643		-	the implementation and administration of the requirements
644		-	of this Act.
645		-	(9) The Commission shall exercise the authority and
646		-	duties provided to it under Section 45-57 of the Illinois
647		-	Procurement Code.
648		-	(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21;
649		-	102-671, eff. 11-30-21.)
650		-	Section 25. The Commission on Equity and Inclusion Act is
651		-	amended by adding Sections 40-15 and 40-20 as follows:
652		-	(30 ILCS 574/40-15 new)
653		-	Sec. 40-15. Higher education supplier diversity report.
654		-	(a) Every private institution of higher education approved
655		-	by the Illinois Student Assistance Commission for purposes of
656		-	the Monetary Award Program shall submit an annual 2-page
657		-	report in a searchable Adobe PDF format on its voluntary
658		-	supplier diversity program to the Commission on or before
659		-	November 15 of each year. The report shall set forth all of the
660		-	following:
661		-	(1) The name, address, phone number, and email address
662		-	of the point of contact for the supplier diversity
663		-	program, or the institution's procurement program if there
664		-	is no supplier diversity program, for vendors to register
665		-	with the program.
666		-
667		-
668		-	(2) Local and State certifications the institution
669		-	accepts or recognizes for minority-owned, women-owned, or
670		-	veteran-owned business status.
671		-	(3) On the second page, a narrative explaining the
672		-	results of the report and the tactics to be employed to
673		-	achieve the goals.
674		-	(4) The voluntary goals, if any, for either the fiscal
675		-	year or calendar year in each category for the entire
676		-	budget of the institution, expending both public and
677		-	private moneys, including any fee-supported entities, and
678		-	the commodity codes or a description of particular goods
679		-	and services for the area of procurement in which the
680		-	institution expects most of those goals to focus on in the
681		-	next reporting year. The actual spending for the entire
682		-	budget of the institution, expending both public and
683		-	private moneys, including any fee-supported entities, for
684		-	minority-owned business enterprises, women-owned business
685		-	enterprises, and veteran-owned business enterprises,
686		-	expressed both in actual dollars and as a percentage of
687		-	the total budget of the institution, must be included for
688		-	each reporting year.
689		-	(b) For each report submitted under subsection (a), the
690		-	Commission shall publish the results on its website for no
691		-	less than 5 years after submission. The Commission is not
692		-	responsible for collecting the reports or for the content of
693		-	the reports.
694		-
695		-
696		-	(c) The Commission shall hold an annual higher education
697		-	supplier diversity workshop every February to discuss the
698		-	reports with representatives of the institutions of higher
699		-	education and vendors.
700		-	(d) The Commission shall prepare a one-page template, not
701		-	including the narrative section, for the voluntary supplier
702		-	diversity reports.
703		-	(30 ILCS 574/40-20 new)
704		-	Sec. 40-20. Race and gender wage reports.
705		-	(a) Each State agency and public institution of higher
706		-	education shall annually submit to the Commission a report,
707		-	categorized by both race and gender, specifying the respective
708		-	wage earnings of employees of that State agency or public
709		-	institution of higher education.
710		-	(b) The Commission shall compile the information submitted
711		-	under this Section and make that information available to the
712		-	public on the website of the Commission.
713		-	(c) The Commission shall annually submit a report of the
714		-	information compiled under this Section to the Governor and
715		-	the General Assembly.
716		-	(d) As used in this Section:
717		-	"Public institution of higher education" has the meaning
718		-	provided in Section 1 of the Board of Higher Education Act.
719		-	"State agency" means all departments, officers,
720		-	commissions, boards, institutions, and bodies politic and
721		-
722		-
723		-	corporate of the State. "State agency" does not include the
724		-	judicial branch, including, without limitation, the courts of
725		-	the State, the office of the clerk of the Supreme Court and the
726		-	clerks of the appellate court, and the Administrative Office
727		-	of the Illinois Courts, or the legislature, its agencies, or
728		-	its committees or commissions.
729		-	Section 30. The Business Enterprise for Minorities, Women,
730		-	and Persons with Disabilities Act is amended by changing
731		-	Sections 4, 6a, 8c, 8g, 8j, and 9 as follows:
732		-	(30 ILCS 575/4) (from Ch. 127, par. 132.604)
733		-	(Section scheduled to be repealed on June 30, 2029)
734		-	Sec. 4. Award of State contracts.
735		-	(a) Except as provided in subsection (b), not less than
736		-	30% of the total dollar amount of State contracts, as defined
737		-	by the Secretary of the Council and approved by the Council,
738		-	shall be established as an aspirational goal to be awarded to
739		-	businesses owned by minorities, women, and persons with
740		-	disabilities; provided, however, that of the total amount of
741		-	all State contracts awarded to businesses owned by minorities,
742		-	women, and persons with disabilities pursuant to this Section,
743		-	contracts representing at least 16% shall be awarded to
744		-	businesses owned by minorities, contracts representing at
745		-	least 10% shall be awarded to women-owned businesses, and
746		-	contracts representing at least 4% shall be awarded to
747		-
748		-
749		-	businesses owned by persons with disabilities.
750		-	(a-5) In addition to the aspirational goals in awarding
751		-	State contracts set under subsection (a), the Commission shall
752		-	by rule further establish targeted efforts to encourage the
753		-	participation of businesses owned by minorities, women, and
754		-	persons with disabilities on State contracts. Such efforts
755		-	shall include, but not be limited to, further concerted
756		-	outreach efforts to businesses owned by minorities, women, and
757		-	persons with disabilities.
758		-	The above percentage relates to the total dollar amount of
759		-	State contracts during each State fiscal year, calculated by
760		-	examining independently each type of contract for each agency
761		-	or public institutions of higher education which lets such
762		-	contracts. Only that percentage of arrangements which
763		-	represents the participation of businesses owned by
764		-	minorities, women, and persons with disabilities on such
765		-	contracts shall be included. State contracts subject to the
766		-	requirements of this Act shall include the requirement that
767		-	only expenditures to businesses owned by minorities, women,
768		-	and persons with disabilities that perform a commercially
769		-	useful function may be counted toward the goals set forth by
770		-	this Act. Contracts shall include a definition of
771		-	"commercially useful function" that is consistent with 49 CFR
772		-	26.55(c).
773		-	(b) Not less than 20% of the total dollar amount of State
774		-	construction contracts is established as an aspirational goal
775		-
776		-
777		-	to be awarded to businesses owned by minorities, women, and
778		-	persons with disabilities; provided that, contracts
779		-	representing at least 11% of the total dollar amount of State
780		-	construction contracts shall be awarded to businesses owned by
781		-	minorities; contracts representing at least 7% of the total
782		-	dollar amount of State construction contracts shall be awarded
783		-	to women-owned businesses; and contracts representing at least
784		-	2% of the total dollar amount of State construction contracts
785		-	shall be awarded to businesses owned by persons with
786		-	disabilities.
787		-	(c) (Blank).
788		-	(c-5) All goals established under this Section shall be
789		-	contingent upon the results of the most recent disparity study
790		-	conducted by the State.
791		-	(d) Within one year after April 28, 2009 (the effective
792		-	date of Public Act 96-8), the Department of Central Management
793		-	Services shall conduct a social scientific study that measures
794		-	the impact of discrimination on minority and women business
795		-	development in Illinois. Within 18 months after April 28, 2009
796		-	(the effective date of Public Act 96-8), the Department shall
797		-	issue a report of its findings and any recommendations on
798		-	whether to adjust the goals for minority and women
799		-	participation established in this Act. Copies of this report
800		-	and the social scientific study shall be filed with the
801		-	Governor and the General Assembly. By December 31, 2028
802		-	December 1, 2020, the Commission on Equity and Inclusion
803		-
804		-
805		-	Department of Central Management Services shall conduct a new
806		-	social scientific study that measures the impact of
807		-	discrimination on minority and women business development in
808		-	Illinois. By June 30, 2029 June 1, 2022, the Commission
809		-	Department shall issue a report of its findings and any
810		-	recommendations on whether to adjust the goals for minority
811		-	and women participation established in this Act. Copies of
812		-	this report and the social scientific study shall be filed
813		-	with the Governor and the General Assembly. By December 31,
814		-	2029 December 1, 2022, the Commission on Equity and Inclusion
815		-	Business Enterprise Program shall develop a model for social
816		-	scientific disparity study sourcing for local governmental
817		-	units to adapt and implement to address regional disparities
818		-	in public procurement.
819		-	(e) All State contract solicitations that include Business
820		-	Enterprise Program participation goals shall require bidders
821		-	or offerors to include utilization plans. Utilization plans
822		-	are due at the time of bid or offer submission. Failure to
823		-	complete and include a utilization plan, including
824		-	documentation demonstrating good faith efforts when requesting
825		-	a waiver, shall render the bid or offer non-responsive.
826		-	Except as permitted under this Act or as otherwise
827		-	mandated by federal regulation, a bidder or offeror whose bid
828		-	or offer is accepted and who included in that bid a completed
829		-	utilization plan but who fails to meet the goals set forth in
830		-	the plan shall be notified of the deficiency by the
831		-
832		-
833		-	contracting agency or public institution of higher education
834		-	and shall be given a period of 10 calendar days to cure the
835		-	deficiency by contracting with additional subcontractors who
836		-	are certified by the Business Enterprise Program or by
837		-	increasing the work to be performed by previously identified
838		-	vendors certified by the Business Enterprise Program.
839		-	Deficiencies that may be cured include: (i) scrivener's
840		-	errors, such as transposed numbers; (ii) information submitted
841		-	in an incorrect form or format; (iii) mistakes resulting from
842		-	failure to follow instructions or to identify and adequately
843		-	document good faith efforts taken to comply with the
844		-	utilization plan; or (iv) a proposal to use a firm whose
845		-	Business Enterprise Program certification has lapsed or is not
846		-	yet recognized. Cure is not authorized if the bidder or
847		-	offeror submits a blank utilization plan, a utilization plan
848		-	that shows lack of reasonable effort to complete the form on
849		-	time, or a utilization plan that states the contract will be
850		-	self-performed, by a non-certified vendor, without showing
851		-	good faith efforts or a request for a waiver. All cure activity
852		-	shall address the deficiencies identified by the purchasing
853		-	agency and shall require clear documentation, including that
854		-	of good faith efforts, to address those deficiencies. Any
855		-	increase in cost to a contract for the addition of a
856		-	subcontractor to cure a bid's deficiency shall not affect the
857		-	bid price and shall not be used in the request for an exemption
858		-	under this Act, and, in no case, shall an identified
859		-
860		-
861		-	subcontractor with a Business Enterprise Program certification
862		-	made under this Act be terminated from a contract without the
863		-	written consent of the State agency or public institution of
864		-	higher education entering into the contract. The purchasing
865		-	agency or public institution of higher education shall make
866		-	the determination whether the cure is adequate.
867		-	Vendors certified with the Business Enterprise Program at
868		-	the time and date submittals are due and who do not submit a
869		-	utilization plan or have utilization plan deficiencies shall
870		-	have 10 business days to submit a utilization plan or to
871		-	correct the utilization plan deficiencies.
872		-	(f) (Blank).
873		-	(g) (Blank).
874		-	(h) State agencies and public institutions of higher
875		-	education shall notify the Commission on Equity and Inclusion
876		-	of all non-responsive bids or proposals for State contracts.
877		-	(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
878		-	101-657, Article 1, Section 1-5, eff. 1-1-22; 101-657, Article
879		-	40, Section 40-130, eff. 1-1-22; 102-29, eff. 6-25-21;
880		-	102-558, eff. 8-20-21; 102-1119, eff. 1-23-23.)
881		-	(30 ILCS 575/6a) (from Ch. 127, par. 132.606a)
882		-	(Section scheduled to be repealed on June 30, 2029)
883		-	Sec. 6a. Notice of contracts to Council. Except in case of
884		-	emergency as defined in the Illinois Procurement Code, or as
885		-	authorized by rule promulgated by the Commission on Equity and
886		-
887		-
888		-	Inclusion Department of Central Management Services, each
889		-	agency and public institution of higher education under the
890		-	jurisdiction of this Act shall notify the Secretary of the
891		-	Council of proposed contracts for professional and artistic
892		-	services and provide the information in the form and detail as
893		-	required by rule promulgated by the Commission on Equity and
894		-	Inclusion Department of Central Management Services.
895		-	Notification may be made through direct written communication
896		-	to the Secretary to be received at least 14 days before
897		-	execution of the contract (or the solicitation response date,
898		-	if applicable). The agency or public institution of higher
899		-	education must consider any vendor referred by the Secretary
900		-	before execution of the contract. The provisions of this
901		-	Section shall not apply to any State agency or public
902		-	institution of higher education that has awarded contracts for
903		-	professional and artistic services to businesses owned by
904		-	minorities, women, and persons with disabilities totaling in
905		-	the aggregate $40,000,000 or more during the preceding fiscal
906		-	year.
907		-	(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
908		-	(30 ILCS 575/8c) (from Ch. 127, par. 132.608c)
909		-	(Section scheduled to be repealed on June 30, 2029)
910		-	Sec. 8c. Recommended rules and regulations for the
911		-	establishment and continuation of narrowly tailored sheltered
912		-	markets under Section 8b shall be approved by the Council
913		-
914		-
915		-	prior to submission by the Commission on Equity and Inclusion
916		-	Department of Central Management Services to the Joint
917		-	Committee on Administrative Rules. These rules shall include
918		-	but not be limited to agency goals, waivers and procedures for
919		-	use of sheltered markets.
920		-	(Source: P.A. 86-269; 86-270.)
921		-	(30 ILCS 575/8g)
922		-	(Section scheduled to be repealed on June 30, 2029)
923		-	Sec. 8g. Business Enterprise Program Council reports.
924		-	(a) The Commission on Equity and Inclusion Department of
925		-	Central Management Services shall provide a report to the
926		-	Council identifying all State agency non-construction
927		-	solicitations that exceed $20,000,000 and that have less than
928		-	a 20% established goal prior to publication.
929		-	(b) The Commission on Equity and Inclusion Department of
930		-	Central Management Services shall provide a report to the
931		-	Council identifying all State agency non-construction awards
932		-	that exceed $20,000,000. The report shall contain the
933		-	following: (i) the name of the awardee; (ii) the total bid
934		-	amount; (iii) the established Business Enterprise Program
935		-	goal; (iv) the dollar amount and percentage of participation
936		-	by businesses owned by minorities, women, and persons with
937		-	disabilities; and (v) the names of the certified firms
938		-	identified in the utilization plan.
939		-	(Source: P.A. 100-391, eff. 8-25-17; 100-863, eff. 8-14-18.)
940		-
941		-
942		-	(30 ILCS 575/8j)
943		-	(Section scheduled to be repealed on June 30, 2029)
944		-	Sec. 8j. Special Committee on Minority, Female, Persons
945		-	with Disabilities, and Veterans Contracting.
946		-	(a) There is created a Special Committee on Minority,
947		-	Female, Persons with Disabilities, and Veterans Contracting
948		-	under the Council. The Special Committee shall review
949		-	Illinois' procurement laws regarding contracting with
950		-	minority-owned businesses, women-owned businesses, businesses
951		-	owned by persons with disabilities, and veteran-owned
952		-	businesses to determine what changes should be made to
953		-	increase participation of these businesses in State
954		-	procurements.
955		-	(b) The Special Committee shall consist of the following
956		-	members:
957		-	(1) 3 persons each to be appointed by the Speaker of
958		-	the House of Representatives, the Minority Leader of the
959		-	House of Representatives, the President of the Senate, and
960		-	the Minority Leader of the Senate; only one Special
961		-	Committee member of each appointee under this paragraph
962		-	may be a current member of the General Assembly;
963		-	(2) the Executive Director of the Commission on Equity
964		-	and Inclusion or the Executive Director's designee
965		-	Director of Central Management Services, or his or her
966		-	designee;
967		-
968		-
969		-	(3) the chairperson of the Council, or his or her
970		-	designee; and
971		-	(4) each chief procurement officer.
972		-	(c) The Special Committee shall conduct at least 3
973		-	hearings, with at least one hearing in Springfield and one in
974		-	Chicago. Each hearing shall be open to the public and notice of
975		-	the hearings shall be posted on the websites of the
976		-	Procurement Policy Board, the Commission on Equity and
977		-	Inclusion Department of Central Management Services, and the
978		-	General Assembly at least 6 days prior to the hearing.
979		-	(Source: P.A. 100-43, eff. 8-9-17; 100-863, eff. 8-14-18.)
980		-	(30 ILCS 575/9) (from Ch. 127, par. 132.609)
981		-	(Section scheduled to be repealed on June 30, 2029)
982		-	Sec. 9. Repeal. This Act is repealed June 30, 2030 2029.
983		-	(Source: P.A. 103-563, eff. 11-17-23.)
984		-	Section 99. Effective date. This Act takes effect upon
985		-	becoming law, except that Section 23 takes effect on July 1,
986		-	2025.
987		-	INDEX Statutes amended in order of appearance INDEX Statutes amended in order of appearance
988		-	INDEX
989		-	Statutes amended in order of appearance
	31	+	SB3238 Enrolled- 2 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 2 - LRB103 36835 MXP 66946 b
	32	+	SB3238 Enrolled - 2 - LRB103 36835 MXP 66946 b
	33	+	1 Commission on Equity and Inclusion's State of Illinois
	34	+	2 Department of Central Management Services Business Enterprise
	35	+	3 Program or a program with equivalent requirements.
	36	+	4 "Program" means the Clean Energy Primes Contractor
	37	+	5 Accelerator Program.
	38	+	6 "Returning resident" has the meaning given to that term in
	39	+	7 Section 5-50 of this Act.
	40	+	8 (b) Subject to appropriation, the Department shall
	41	+	9 develop, and through a Primes Program Administrator and
	42	+	10 Regional Primes Program Leads described in this Section,
	43	+	11 administer the Clean Energy Primes Contractor Accelerator
	44	+	12 Program. The Program shall be administered in 3 program
	45	+	13 delivery areas: the Northern Illinois Program Delivery Area
	46	+	14 covering Northern Illinois, the Central Illinois Program
	47	+	15 Delivery Area covering Central Illinois, and the Southern
	48	+	16 Illinois Program Delivery Area covering Southern Illinois.
	49	+	17 Prior to developing the Program, the Department shall solicit
	50	+	18 public comments, with a 30-day comment period, to gather input
	51	+	19 on Program implementation and associated community outreach
	52	+	20 options.
	53	+	21 (c) The Program shall be available to selected contractors
	54	+	22 who best meet the following criteria:
	55	+	23 (1) 2 or more years of experience in a clean energy or
	56	+	24 a related contracting field;
	57	+	25 (2) at least $5,000 in annual business; and
	58	+	26 (3) a substantial and demonstrated commitment of
990	59
991	60
992	61
993		-	INDEX
994		-	Statutes amended in order of appearance
	62	+
	63	+
	64	+	SB3238 Enrolled - 2 - LRB103 36835 MXP 66946 b
	65	+
	66	+
	67	+	SB3238 Enrolled- 3 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 3 - LRB103 36835 MXP 66946 b
	68	+	SB3238 Enrolled - 3 - LRB103 36835 MXP 66946 b
	69	+	1 investing in and partnering with individuals and
	70	+	2 institutions in equity investment eligible communities.
	71	+	3 (c-5) The Department shall develop scoring criteria to
	72	+	4 select contractors for the Program, which shall consider:
	73	+	5 (1) projected hiring and industry job creation,
	74	+	6 including wage and benefit expectations;
	75	+	7 (2) a clear vision of strategic business growth and
	76	+	8 how increased capitalization would benefit the business;
	77	+	9 (3) past project work quality and demonstration of
	78	+	10 technical knowledge;
	79	+	11 (4) capacity the applicant is anticipated to bring to
	80	+	12 project development;
	81	+	13 (5) willingness to assume risk;
	82	+	14 (6) anticipated revenues from future projects;
	83	+	15 (7) history of commitment to advancing equity as
	84	+	16 demonstrated by, among other things, employment of or
	85	+	17 ownership by equity investment eligible persons and a
	86	+	18 history of partnership with equity focused community
	87	+	19 organizations or government programs; and
	88	+	20 (8) business models that build wealth in the larger
	89	+	21 underserved community.
	90	+	22 Applicants for Program participation shall be allowed to
	91	+	23 reapply for a future cohort if they are not selected, and the
	92	+	24 Primes Program Administrator shall inform each applicant of
	93	+	25 this option.
	94	+	26 (d) The Department, in consultation with the Primes
	95	+
	96	+
	97	+
	98	+
	99	+
	100	+	SB3238 Enrolled - 3 - LRB103 36835 MXP 66946 b
	101	+
	102	+
	103	+	SB3238 Enrolled- 4 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 4 - LRB103 36835 MXP 66946 b
	104	+	SB3238 Enrolled - 4 - LRB103 36835 MXP 66946 b
	105	+	1 Program Administrator and Regional Primes Program Leads, shall
	106	+	2 select a new cohort of participant contractors from each
	107	+	3 Program Delivery Area every 18 months. Each regional cohort
	108	+	4 shall include between 3 and 5 participants. The Program shall
	109	+	5 cap contractors in the energy efficiency sector at 50% of
	110	+	6 available cohort spots and 50% of available grants and loans,
	111	+	7 if possible.
	112	+	8 (e) The Department shall hire a Primes Program
	113	+	9 Administrator with experience in leading a large
	114	+	10 contractor-based business in Illinois; coaching and mentoring;
	115	+	11 the Illinois clean energy industry; and working with equity
	116	+	12 investment eligible community members, organizations, and
	117	+	13 businesses.
	118	+	14 (f) The Department shall select 3 Regional Primes Program
	119	+	15 Leads who shall report directly to the Primes Program
	120	+	16 Administrator. The Regional Primes Program Leads shall be
	121	+	17 located within their Program Delivery Area and have experience
	122	+	18 in leading a large contractor-based business in Illinois;
	123	+	19 coaching and mentoring; the Illinois clean energy industry;
	124	+	20 developing relationships with companies in the Program
	125	+	21 Delivery Area; and working with equity investment eligible
	126	+	22 community members, organizations, and businesses.
	127	+	23 (g) The Department may determine how Program elements will
	128	+	24 be delivered or may contract with organizations with
	129	+	25 experience delivering the Program elements described in
	130	+	26 subsection (h) of this Section.
	131	+
	132	+
	133	+
	134	+
	135	+
	136	+	SB3238 Enrolled - 4 - LRB103 36835 MXP 66946 b
	137	+
	138	+
	139	+	SB3238 Enrolled- 5 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 5 - LRB103 36835 MXP 66946 b
	140	+	SB3238 Enrolled - 5 - LRB103 36835 MXP 66946 b
	141	+	1 (h) The Clean Energy Primes Contractor Accelerator Program
	142	+	2 shall provide participants with:
	143	+	3 (1) a 5-year, 6-month progressive course of one-on-one
	144	+	4 coaching to assist each participant in developing an
	145	+	5 achievable 5-year business plan, including review of
	146	+	6 monthly metrics, and advice on achieving participant's
	147	+	7 goals;
	148	+	8 (2) operational support grants not to exceed
	149	+	9 $1,000,000 annually to support the growth of participant
	150	+	10 contractors with access to capital for upfront project
	151	+	11 costs and pre-development funding, among others. The
	152	+	12 amount of the grant shall be based on anticipated project
	153	+	13 size and scope;
	154	+	14 (3) business coaching based on the participant's
	155	+	15 needs;
	156	+	16 (4) a mentorship of approximately 2 years provided by
	157	+	17 a qualified company in the participant's field;
	158	+	18 (5) access to Clean Energy Contractor Incubator
	159	+	19 Program services;
	160	+	20 (6) assistance with applying for Minority Business
	161	+	21 Enterprise certification and other relevant certifications
	162	+	22 and approved vendor status for programs offered by
	163	+	23 utilities or other entities;
	164	+	24 (7) assistance with preparing bids and Request for
	165	+	25 Proposal applications;
	166	+	26 (8) opportunities to be listed in any relevant
	167	+
	168	+
	169	+
	170	+
	171	+
	172	+	SB3238 Enrolled - 5 - LRB103 36835 MXP 66946 b
	173	+
	174	+
	175	+	SB3238 Enrolled- 6 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 6 - LRB103 36835 MXP 66946 b
	176	+	SB3238 Enrolled - 6 - LRB103 36835 MXP 66946 b
	177	+	1 directories and databases organized by the Commission on
	178	+	2 Equity and Inclusion Department of Central Management
	179	+	3 Services;
	180	+	4 (9) opportunities to connect with participants in
	181	+	5 other Department programs;
	182	+	6 (10) assistance connecting with and initiating
	183	+	7 participation in the Illinois Power Agency's Adjustable
	184	+	8 Block program, the Illinois Solar for All Program, and
	185	+	9 utility programs; and
	186	+	10 (11) financial development assistance programs such as
	187	+	11 zero-interest and low-interest loans with the Climate Bank
	188	+	12 as established by Article 850 of the Illinois Finance
	189	+	13 Authority Act or a comparable financing mechanism. The
	190	+	14 Illinois Finance Authority shall retain authority to
	191	+	15 determine loan repayment terms and conditions.
	192	+	16 (i) The Primes Program Administrator shall:
	193	+	17 (1) collect and report performance metrics as
	194	+	18 described in this Section;
	195	+	19 (2) review and assess:
	196	+	20 (i) participant work plans and annual goals; and
	197	+	21 (ii) the mentorship program, including approved
	198	+	22 mentor companies and their stipend awards; and
	199	+	23 (3) work with the Regional Primes Program Leads to
	200	+	24 publicize the Program; design and implement a mentorship
	201	+	25 program; and ensure participants are quickly on-boarded.
	202	+	26 (j) The Regional Primes Program Leads shall:
	203	+
	204	+
	205	+
	206	+
	207	+
	208	+	SB3238 Enrolled - 6 - LRB103 36835 MXP 66946 b
	209	+
	210	+
	211	+	SB3238 Enrolled- 7 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 7 - LRB103 36835 MXP 66946 b
	212	+	SB3238 Enrolled - 7 - LRB103 36835 MXP 66946 b
	213	+	1 (1) publicize the Program; the budget shall include
	214	+	2 funds to pay community-based organizations with a track
	215	+	3 record of working with equity investment eligible
	216	+	4 communities to complete this work;
	217	+	5 (2) recruit qualified Program applicants;
	218	+	6 (3) assist Program applicants with the application
	219	+	7 process;
	220	+	8 (4) introduce participants to the Program offerings;
	221	+	9 (5) conduct entry and annual assessments with
	222	+	10 participants to identify training, coaching, and other
	223	+	11 Program service needs;
	224	+	12 (6) assist participants in developing goals on entry
	225	+	13 and annually, and assessing progress toward meeting the
	226	+	14 goals;
	227	+	15 (7) establish a metric reporting system with each
	228	+	16 participant and track the metrics for progress against the
	229	+	17 contractor's work plan and Program goals;
	230	+	18 (8) assist participants in receiving their Minority
	231	+	19 Business Enterprise certification and any other relevant
	232	+	20 certifications and approved vendor statuses;
	233	+	21 (9) match participants with Clean Energy Contractor
	234	+	22 Incubator Program offerings and individualized expert
	235	+	23 coaching, including training on working with returning
	236	+	24 residents and companies that employ them;
	237	+	25 (10) pair participants with a mentor company;
	238	+	26 (11) facilitate connections between participants and
	239	+
	240	+
	241	+
	242	+
	243	+
	244	+	SB3238 Enrolled - 7 - LRB103 36835 MXP 66946 b
	245	+
	246	+
	247	+	SB3238 Enrolled- 8 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 8 - LRB103 36835 MXP 66946 b
	248	+	SB3238 Enrolled - 8 - LRB103 36835 MXP 66946 b
	249	+	1 potential subcontractors and employees;
	250	+	2 (12) dispense a participant's awarded operational
	251	+	3 grant funding;
	252	+	4 (13) connect participants to zero-interest and
	253	+	5 low-interest loans from the Climate Bank as established by
	254	+	6 Article 850 of the Illinois Finance Authority Act or a
	255	+	7 comparable financing mechanism;
	256	+	8 (14) encourage participants to apply for appropriate
	257	+	9 State and private business opportunities;
	258	+	10 (15) review a participant's progress and make a
	259	+	11 recommendation to the Department about whether the
	260	+	12 participant should continue in the Program, be considered
	261	+	13 a Program graduate, and whether adjustments should be made
	262	+	14 to a participant's grant funding, loans, and related
	263	+	15 services;
	264	+	16 (16) solicit information from participants, which
	265	+	17 participants shall be required to provide, necessary to
	266	+	18 understand the participant's business, including financial
	267	+	19 and income information, certifications that the
	268	+	20 participant is seeking to obtain, and ownership, employee,
	269	+	21 and subcontractor data, including compensation, length of
	270	+	22 service, and demographics; and
	271	+	23 (17) other duties as required.
	272	+	24 (k) Performance metrics. The Primes Program Administrator
	273	+	25 and Regional Primes Program Leads shall collaborate to collect
	274	+	26 and report the following metrics quarterly to the Department
	275	+
	276	+
	277	+
	278	+
	279	+
	280	+	SB3238 Enrolled - 8 - LRB103 36835 MXP 66946 b
	281	+
	282	+
	283	+	SB3238 Enrolled- 9 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 9 - LRB103 36835 MXP 66946 b
	284	+	SB3238 Enrolled - 9 - LRB103 36835 MXP 66946 b
	285	+	1 and Advisory Council:
	286	+	2 (1) demographic information on cohort recruiting and
	287	+	3 formation, including racial, gender, geographic
	288	+	4 distribution data, and data on the number and percentage
	289	+	5 of R3 residents, environmental justice community
	290	+	6 residents, foster care alumni, and formerly convicted
	291	+	7 persons who are cohort applicants and admitted
	292	+	8 participants;
	293	+	9 (2) participant contractor engagement in other
	294	+	10 Illinois clean energy programs such as the Adjustable
	295	+	11 Block program, Illinois Solar for All Program, and the
	296	+	12 utility-run energy efficiency and electric vehicle
	297	+	13 programs;
	298	+	14 (3) retention of participants in each cohort;
	299	+	15 (4) total projects bid, started, and completed by
	300	+	16 participants, including information about revenue, hiring,
	301	+	17 and subcontractor relationships with projects;
	302	+	18 (5) certifications issued;
	303	+	19 (6) employment data for contractor hires and industry
	304	+	20 jobs created, including demographic, salary, length of
	305	+	21 service, and geographic data;
	306	+	22 (7) grants and loans distributed; and
	307	+	23 (8) participant satisfaction with the Program.
	308	+	24 The metrics in paragraphs (2), (4), and (6) shall be
	309	+	25 collected from Program participants and graduates for 10 years
	310	+	26 from their entrance into the Program to help the Department
	311	+
	312	+
	313	+
	314	+
	315	+
	316	+	SB3238 Enrolled - 9 - LRB103 36835 MXP 66946 b
	317	+
	318	+
	319	+	SB3238 Enrolled- 10 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 10 - LRB103 36835 MXP 66946 b
	320	+	SB3238 Enrolled - 10 - LRB103 36835 MXP 66946 b
	321	+	1 and Program Administrators understand the Program's long-term
	322	+	2 effect.
	323	+	3 Data should be anonymized where needed to protect
	324	+	4 participant privacy.
	325	+	5 The Department shall make such reports publicly available
	326	+	6 on its website.
	327	+	7 (l) Mentorship Program.
	328	+	8 (1) The Regional Primes Program Leads shall recruit,
	329	+	9 and the Primes Program Administrator shall select, with
	330	+	10 approval from the Department, private companies with the
	331	+	11 following qualifications to mentor participants and assist
	332	+	12 them in succeeding in the clean energy industry:
	333	+	13 (i) excellent standing with state clean energy
	334	+	14 programs;
	335	+	15 (ii) 4 or more years of experience in their field;
	336	+	16 and
	337	+	17 (iii) a proven track record of success in their
	338	+	18 field.
	339	+	19 (2) Mentor companies may receive a stipend, determined
	340	+	20 by the Department, for their participation. Mentor
	341	+	21 companies may identify what level of stipend they require.
	342	+	22 (3) The Primes Program Administrator shall develop
	343	+	23 guidelines for mentor company-mentee profit sharing or
	344	+	24 purchased services agreements.
	345	+	25 (4) The Regional Primes Program Leads shall:
	346	+	26 (i) collaborate with mentor companies and
	347	+
	348	+
	349	+
	350	+
	351	+
	352	+	SB3238 Enrolled - 10 - LRB103 36835 MXP 66946 b
	353	+
	354	+
	355	+	SB3238 Enrolled- 11 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 11 - LRB103 36835 MXP 66946 b
	356	+	SB3238 Enrolled - 11 - LRB103 36835 MXP 66946 b
	357	+	1 participants to create a plan for ongoing contact such
	358	+	2 as on-the-job training, site walkthroughs, business
	359	+	3 process and structure walkthroughs, quality assurance
	360	+	4 and quality control reviews, and other relevant
	361	+	5 activities;
	362	+	6 (ii) recommend the mentor company-mentee pairings
	363	+	7 and associated mentor company stipends for approval;
	364	+	8 (iii) conduct an annual review of each mentor
	365	+	9 company-mentee pairing and recommend whether the
	366	+	10 pairing continues for a second year and the level of
	367	+	11 stipend that is appropriate. The review shall also
	368	+	12 ensure that any profit sharing and purchased services
	369	+	13 agreements adhere to the guidelines established by the
	370	+	14 Primes Program Administrator.
	371	+	15 (5) Contractors may request reassignment to a new
	372	+	16 mentor company.
	373	+	17 (m) Disparity study. The Program Administrator shall
	374	+	18 cooperate with the Illinois Power Agency in the conduct of a
	375	+	19 disparity study, as described in subsection (c-15) of Section
	376	+	20 1-75 of the Illinois Power Agency Act, and in the effectuation
	377	+	21 of appropriate remedies necessary to address any
	378	+	22 discrimination that such study may find. Potential remedies
	379	+	23 shall include, but not be limited to, race-conscious remedies
	380	+	24 to rapidly eliminate discrimination faced by minority
	381	+	25 businesses and works in the industry this Program serves,
	382	+	26 consistent with the law. Remedies shall be developed through
	383	+
	384	+
	385	+
	386	+
	387	+
	388	+	SB3238 Enrolled - 11 - LRB103 36835 MXP 66946 b
	389	+
	390	+
	391	+	SB3238 Enrolled- 12 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 12 - LRB103 36835 MXP 66946 b
	392	+	SB3238 Enrolled - 12 - LRB103 36835 MXP 66946 b
	393	+	1 consultation with individuals, companies, and organizations
	394	+	2 that have expertise on discrimination faced in the market and
	395	+	3 potential legally permissible remedies for addressing it.
	396	+	4 Notwithstanding any other requirement of this Section, the
	397	+	5 Program Administrator shall modify program participation
	398	+	6 criteria or goals as soon as the report has been published, in
	399	+	7 such a way as is consistent with state and federal law, to
	400	+	8 rapidly eliminate discrimination on minority businesses and
	401	+	9 workers in the industry this Program serves by setting
	402	+	10 standards for Program participation. This study will be paid
	403	+	11 for with funds from the Energy Transition Assistance Fund or
	404	+	12 any other lawful source.
	405	+	13 (n) Program budget.
	406	+	14 (1) The Department may allocate up to $3,000,000
	407	+	15 annually to the Primes Program Administrator for each of
	408	+	16 the 3 regional budgets from the Energy Transition
	409	+	17 Assistance Fund.
	410	+	18 (2) The Primes Program Administrator shall work with
	411	+	19 the Illinois Finance Authority and the Climate Bank as
	412	+	20 established by Article 850 of the Illinois Finance
	413	+	21 Authority Act or comparable financing institution so that
	414	+	22 loan loss reserves may be sufficient to underwrite
	415	+	23 $7,000,000 in low-interest loans in each of the 3 Program
	416	+	24 delivery areas.
	417	+	25 (3) Any grant and loan funding shall be made available
	418	+	26 to participants in a timely fashion.
	419	+
	420	+
	421	+
	422	+
	423	+
	424	+	SB3238 Enrolled - 12 - LRB103 36835 MXP 66946 b
	425	+
	426	+
	427	+	SB3238 Enrolled- 13 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 13 - LRB103 36835 MXP 66946 b
	428	+	SB3238 Enrolled - 13 - LRB103 36835 MXP 66946 b
	429	+	1 (Source: P.A. 102-662, eff. 9-15-21.)
	430	+	2 Section 15. The Blind Vendors Act is amended by changing
	431	+	3 Section 10 as follows:
	432	+	4 (20 ILCS 2421/10)
	433	+	5 Sec. 10. Business Enterprise Program for the Blind.
	434	+	6 (a) The Business Enterprise Program for the Blind is
	435	+	7 created for the purposes of providing blind persons with
	436	+	8 remunerative employment, enlarging the economic opportunities
	437	+	9 of the blind, and stimulating the blind to greater efforts in
	438	+	10 striving to make themselves self-supporting. In order to
	439	+	11 achieve these goals, blind persons licensed under this Act
	440	+	12 shall be authorized to operate vending facilities on any
	441	+	13 property within this State as provided by this Act.
	442	+	14 It is the intent of the General Assembly that the
	443	+	15 Randolph-Sheppard Act, 20 U.S.C. Sections 107-107f, and the
	444	+	16 federal regulations for its administration set forth in Part
	445	+	17 395 of Title 34 of the Code of Federal Regulations, shall serve
	446	+	18 as a model for minimum standards for the operation of the
	447	+	19 Business Enterprise Program for the Blind. The federal
	448	+	20 Randolph-Sheppard Act provides employment opportunities for
	449	+	21 individuals who are blind or visually impaired through the
	450	+	22 Business Enterprise Program for the Blind. Under the
	451	+	23 Randolph-Sheppard Act, all federal agencies are required to
	452	+	24 give priority to licensed blind vendors in the operation of
	453	+
	454	+
	455	+
	456	+
	457	+
	458	+	SB3238 Enrolled - 13 - LRB103 36835 MXP 66946 b
	459	+
	460	+
	461	+	SB3238 Enrolled- 14 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 14 - LRB103 36835 MXP 66946 b
	462	+	SB3238 Enrolled - 14 - LRB103 36835 MXP 66946 b
	463	+	1 vending facilities on federal property. It is the intent of
	464	+	2 this Act to provide the same priority to licensed blind
	465	+	3 vendors on State property by requiring State agencies to give
	466	+	4 priority to licensed blind vendors in the operation of vending
	467	+	5 facilities on State property and preference to licensed blind
	468	+	6 vendors in the operation of cafeteria facilities on State
	469	+	7 property. Furthermore, it is the intent of this Act that all
	470	+	8 State agencies, particularly the Commission on Equity and
	471	+	9 Inclusion Department of Central Management Services, promote
	472	+	10 and advocate for the Business Enterprise Program for the
	473	+	11 Blind.
	474	+	12 (b) The Secretary, through the Director, shall continue,
	475	+	13 maintain, and promote the Business Enterprise Program for the
	476	+	14 Blind. Some or all of the functions of the program may be
	477	+	15 provided by the Department of Human Services. The Business
	478	+	16 Enterprise Program for the Blind must provide that:
	479	+	17 (1) priority is given to blind vendors in the
	480	+	18 operation of vending facilities on State property;
	481	+	19 (2) tie bid preference is given to blind vendors in
	482	+	20 the operation of cafeterias on State property, unless the
	483	+	21 cafeteria operations are operated by employees of a State
	484	+	22 agency;
	485	+	23 (3) vending machine income from all vending machines
	486	+	24 on State property is assigned as provided for by Section
	487	+	25 30 of this Act;
	488	+	26 (4) no State agency may impose any commission, service
	489	+
	490	+
	491	+
	492	+
	493	+
	494	+	SB3238 Enrolled - 14 - LRB103 36835 MXP 66946 b
	495	+
	496	+
	497	+	SB3238 Enrolled- 15 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 15 - LRB103 36835 MXP 66946 b
	498	+	SB3238 Enrolled - 15 - LRB103 36835 MXP 66946 b
	499	+	1 charge, rent, or utility charge on a licensed blind vendor
	500	+	2 who is operating a vending facility on State property
	501	+	3 unless approved by the Department;
	502	+	4 (5) the Department shall approve a commission to the
	503	+	5 State agency from a blind vendor operating a vending
	504	+	6 facility on the State property of the Department of
	505	+	7 Corrections or the Department of Juvenile Justice in the
	506	+	8 amount of 10% of the net proceeds from vending machines
	507	+	9 servicing State employees and 25% of the net proceeds from
	508	+	10 vending machines servicing visitors on the State property;
	509	+	11 and
	510	+	12 (6) vending facilities operated by the Program use
	511	+	13 reasonable and necessary means and methods to maintain
	512	+	14 fair market pricing in relation to each facility's given
	513	+	15 demographic, geographic, and other circumstances.
	514	+	16 (c) With respect to vending facilities on federal property
	515	+	17 within this State, priority shall be given as provided in the
	516	+	18 federal Randolph-Sheppard Act, 20 U.S.C. Sections 107-107f,
	517	+	19 including any amendments thereto. This Act, as it applies to
	518	+	20 federal property, is intended to conform to the federal Act,
	519	+	21 and is to be of no force or effect if, and to the extent that,
	520	+	22 any provision of this Act or any rule adopted under this Act is
	521	+	23 in conflict with the federal Act. Nothing in this subsection
	522	+	24 shall be construed to impose limitations on the operation of
	523	+	25 vending facilities on State property, or property other than
	524	+	26 federal property, or to allow only those activities
	525	+
	526	+
	527	+
	528	+
	529	+
	530	+	SB3238 Enrolled - 15 - LRB103 36835 MXP 66946 b
	531	+
	532	+
	533	+	SB3238 Enrolled- 16 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 16 - LRB103 36835 MXP 66946 b
	534	+	SB3238 Enrolled - 16 - LRB103 36835 MXP 66946 b
	535	+	1 specifically enumerated in the Randolph-Sheppard Act.
	536	+	2 (d) The Secretary shall actively pursue all commissions
	537	+	3 from vending facilities not operated by blind vendors as
	538	+	4 provided in Section 30 of this Act, and shall propose new
	539	+	5 placements of vending facilities on State property where a
	540	+	6 facility is not yet in place.
	541	+	7 (e) Partnerships and teaming arrangements between blind
	542	+	8 vendors and private industry, including franchise operations,
	543	+	9 shall be fostered and encouraged by the Department.
	544	+	10 (Source: P.A. 96-644, eff. 1-1-10.)
	545	+	11 Section 20. The Illinois Procurement Code is amended by
	546	+	12 changing Section 15-25 as follows:
	547	+	13 (30 ILCS 500/15-25)
	548	+	14 Sec. 15-25. Bulletin content.
	549	+	15 (a) Invitations for bids. Notice of each and every
	550	+	16 contract that is offered, including renegotiated contracts and
	551	+	17 change orders, shall be published in the Bulletin. The
	552	+	18 applicable chief procurement officer may provide by rule an
	553	+	19 organized format for the publication of this information, but
	554	+	20 in any case it must include at least the date first offered,
	555	+	21 the date submission of offers is due, the location that offers
	556	+	22 are to be submitted to, the purchasing State agency, the
	557	+	23 responsible State purchasing officer, a brief purchase
	558	+	24 description, the method of source selection, information of
	559	+
	560	+
	561	+
	562	+
	563	+
	564	+	SB3238 Enrolled - 16 - LRB103 36835 MXP 66946 b
	565	+
	566	+
	567	+	SB3238 Enrolled- 17 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 17 - LRB103 36835 MXP 66946 b
	568	+	SB3238 Enrolled - 17 - LRB103 36835 MXP 66946 b
	569	+	1 how to obtain a comprehensive purchase description and any
	570	+	2 disclosure and contract forms, and encouragement to potential
	571	+	3 contractors to hire qualified veterans, as defined by Section
	572	+	4 45-67 of this Code, and qualified Illinois minorities, women,
	573	+	5 persons with disabilities, and residents discharged from any
	574	+	6 Illinois adult correctional center.
	575	+	7 (a-5) All businesses listed on the Illinois Unified
	576	+	8 Certification Program Disadvantaged Business Enterprise
	577	+	9 Directory, the Business Enterprise Program of the Commission
	578	+	10 on Equity and Inclusion Department of Central Management
	579	+	11 Services, and any small business database created pursuant to
	580	+	12 Section 45-45 of this Code shall be furnished written
	581	+	13 instructions and information on how to register for the
	582	+	14 Illinois Procurement Bulletin. This information shall be
	583	+	15 provided to each business within 30 calendar days after the
	584	+	16 business's notice of certification or qualification.
	585	+	17 (b) Contracts let. Notice of each and every contract that
	586	+	18 is let, including renegotiated contracts and change orders,
	587	+	19 shall be issued electronically to those bidders submitting
	588	+	20 responses to the solicitations, inclusive of the unsuccessful
	589	+	21 bidders, immediately upon contract let. Failure of any chief
	590	+	22 procurement officer to give such notice shall result in
	591	+	23 tolling the time for filing a bid protest up to 7 calendar
	592	+	24 days.
	593	+	25 For purposes of this subsection (b), "contracts let" means
	594	+	26 a construction agency's act of advertising an invitation for
	595	+
	596	+
	597	+
	598	+
	599	+
	600	+	SB3238 Enrolled - 17 - LRB103 36835 MXP 66946 b
	601	+
	602	+
	603	+	SB3238 Enrolled- 18 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 18 - LRB103 36835 MXP 66946 b
	604	+	SB3238 Enrolled - 18 - LRB103 36835 MXP 66946 b
	605	+	1 bids for one or more construction projects.
	606	+	2 (b-5) Contracts awarded. Notice of each and every contract
	607	+	3 that is awarded, including renegotiated contracts and change
	608	+	4 orders, shall be issued electronically to the successful
	609	+	5 responsible bidder, offeror, or contractor and published in
	610	+	6 the Bulletin. The applicable chief procurement officer may
	611	+	7 provide by rule an organized format for the publication of
	612	+	8 this information, but in any case it must include at least all
	613	+	9 of the information specified in subsection (a) as well as the
	614	+	10 name of the successful responsible bidder, offeror, the
	615	+	11 contract price, the number of unsuccessful bidders or offerors
	616	+	12 and any other disclosure specified in any Section of this
	617	+	13 Code. This notice must be posted in the online electronic
	618	+	14 Bulletin prior to execution of the contract.
	619	+	15 For purposes of this subsection (b-5), "contract award"
	620	+	16 means the determination that a particular bidder or offeror
	621	+	17 has been selected from among other bidders or offerors to
	622	+	18 receive a contract, subject to the successful completion of
	623	+	19 final negotiations. "Contract award" is evidenced by the
	624	+	20 posting of a Notice of Award or a Notice of Intent to Award to
	625	+	21 the respective volume of the Illinois Procurement Bulletin.
	626	+	22 (c) Emergency purchase disclosure. Any chief procurement
	627	+	23 officer or State purchasing officer exercising emergency
	628	+	24 purchase authority under this Code shall publish a written
	629	+	25 description and reasons and the total cost, if known, or an
	630	+	26 estimate if unknown and the name of the responsible chief
	631	+
	632	+
	633	+
	634	+
	635	+
	636	+	SB3238 Enrolled - 18 - LRB103 36835 MXP 66946 b
	637	+
	638	+
	639	+	SB3238 Enrolled- 19 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 19 - LRB103 36835 MXP 66946 b
	640	+	SB3238 Enrolled - 19 - LRB103 36835 MXP 66946 b
	641	+	1 procurement officer and State purchasing officer, and the
	642	+	2 business or person contracted with for all emergency purchases
	643	+	3 in the Bulletin. The notice for an emergency procurement other
	644	+	4 than the extension of an emergency contract must be posted in
	645	+	5 the online electronic Bulletin no later than 5 calendar days
	646	+	6 after the contract is awarded, and notice for the extension of
	647	+	7 an emergency contract must be posted in the online electronic
	648	+	8 Bulletin no later than 7 calendar days after the extension is
	649	+	9 executed.
	650	+	10 (c-5) Business Enterprise Program report. Each purchasing
	651	+	11 agency shall, with the assistance of the applicable chief
	652	+	12 procurement officer, post in the online electronic Bulletin a
	653	+	13 copy of its annual report of utilization of businesses owned
	654	+	14 by minorities, women, and persons with disabilities as
	655	+	15 submitted to the Business Enterprise Council for Minorities,
	656	+	16 Women, and Persons with Disabilities pursuant to Section 6(c)
	657	+	17 of the Business Enterprise for Minorities, Women, and Persons
	658	+	18 with Disabilities Act within 10 calendar days after its
	659	+	19 submission of its report to the Council.
	660	+	20 (c-10) Renewals. Notice of each contract renewal shall be
	661	+	21 posted in the Bulletin within 14 calendar days of the
	662	+	22 determination to execute a renewal of the contract. The notice
	663	+	23 shall include at least all of the information required in
	664	+	24 subsection (a) or (b), as applicable.
	665	+	25 (c-15) Sole source procurements. Before entering into a
	666	+	26 sole source contract, a chief procurement officer exercising
	667	+
	668	+
	669	+
	670	+
	671	+
	672	+	SB3238 Enrolled - 19 - LRB103 36835 MXP 66946 b
	673	+
	674	+
	675	+	SB3238 Enrolled- 20 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 20 - LRB103 36835 MXP 66946 b
	676	+	SB3238 Enrolled - 20 - LRB103 36835 MXP 66946 b
	677	+	1 sole source procurement authority under this Code shall
	678	+	2 publish a written description of intent to enter into a sole
	679	+	3 source contract along with a description of the item to be
	680	+	4 procured and the intended sole source contractor. This notice
	681	+	5 must be posted in the online electronic Procurement Bulletin
	682	+	6 before a sole source contract is awarded and at least 14
	683	+	7 calendar days before the hearing required by Section 20-25.
	684	+	8 (d) Other required disclosure. The applicable chief
	685	+	9 procurement officer shall provide by rule for the organized
	686	+	10 publication of all other disclosure required in other Sections
	687	+	11 of this Code in a timely manner.
	688	+	12 (e) The changes to subsections (b), (c), (c-5), (c-10),
	689	+	13 and (c-15) of this Section made by Public Act 96-795 apply to
	690	+	14 reports submitted, offers made, and notices on contracts
	691	+	15 executed on or after July 1, 2010 (the effective date of Public
	692	+	16 Act 96-795). The changes made to subsection (c) by this
	693	+	17 amendatory Act of the 102nd General Assembly apply only to
	694	+	18 emergency contract extensions executed on or after the
	695	+	19 effective date of this amendatory Act of the 102nd General
	696	+	20 Assembly.
	697	+	21 (f) Each chief procurement officer shall, in consultation
	698	+	22 with the agencies under his or her jurisdiction, provide the
	699	+	23 Procurement Policy Board with the information and resources
	700	+	24 necessary, and in a manner, to effectuate the purpose of
	701	+	25 Public Act 96-1444.
	702	+	26 (Source: P.A. 102-1119, eff. 1-23-23.)
	703	+
	704	+
	705	+
	706	+
	707	+
	708	+	SB3238 Enrolled - 20 - LRB103 36835 MXP 66946 b
	709	+
	710	+
	711	+	SB3238 Enrolled- 21 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 21 - LRB103 36835 MXP 66946 b
	712	+	SB3238 Enrolled - 21 - LRB103 36835 MXP 66946 b
	713	+	1 Section 23. The Commission on Equity and Inclusion Act is
	714	+	2 amended by changing Section 40-10 as follows:
	715	+	3 (30 ILCS 574/40-10)
	716	+	4 Sec. 40-10. Powers and duties. In addition to the other
	717	+	5 powers and duties which may be prescribed in this Act or
	718	+	6 elsewhere, the Commission shall have the following powers and
	719	+	7 duties:
	720	+	8 (1) The Commission shall have a role in all State and
	721	+	9 university procurement by facilitating and streamlining
	722	+	10 communications between the Business Enterprise Council for
	723	+	11 Minorities, Women, and Persons with Disabilities, the
	724	+	12 purchasing entities, the Chief Procurement Officers, and
	725	+	13 others.
	726	+	14 (2) The Commission may create a scoring evaluation for
	727	+	15 State agency directors, public university presidents and
	728	+	16 chancellors, and public community college presidents. The
	729	+	17 scoring shall be based on the following 3 principles: (i)
	730	+	18 increasing capacity; (ii) growing revenue; and (iii)
	731	+	19 enhancing credentials. These principles should be the
	732	+	20 foundation of the agency compliance plan required under
	733	+	21 Section 6 of the Business Enterprise for Minorities,
	734	+	22 Women, and Persons with Disabilities Act.
	735	+	23 (3) The Commission shall exercise the authority and
	736	+	24 duties provided to it under Section 5-7 of the Illinois
	737	+
	738	+
	739	+
	740	+
	741	+
	742	+	SB3238 Enrolled - 21 - LRB103 36835 MXP 66946 b
	743	+
	744	+
	745	+	SB3238 Enrolled- 22 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 22 - LRB103 36835 MXP 66946 b
	746	+	SB3238 Enrolled - 22 - LRB103 36835 MXP 66946 b
	747	+	1 Procurement Code.
	748	+	2 (4) The Commission, working with State agencies, shall
	749	+	3 provide support for diversity in State hiring.
	750	+	4 (5) The Commission shall oversee the implementation of
	751	+	5 diversity training of the State workforce.
	752	+	6 (6) Each January, and as otherwise frequently as may
	753	+	7 be deemed necessary and appropriate by the Commission, the
	754	+	8 Commission shall propose and submit to the Governor and
	755	+	9 the General Assembly legislative changes to increase
	756	+	10 inclusion and diversity in State government.
	757	+	11 (7) The Commission shall have oversight over the
	758	+	12 following entities:
	759	+	13 (A) the Illinois African-American Family
	760	+	14 Commission;
	761	+	15 (B) the Illinois Latino Family Commission;
	762	+	16 (C) the Asian American Family Commission;
	763	+	17 (D) the Illinois Muslim American Advisory Council;
	764	+	18 (E) the Illinois African-American Fair Contracting
	765	+	19 Commission created under Executive Order 2018-07; and
	766	+	20 (F) the Business Enterprise Council for
	767	+	21 Minorities, Women, and Persons with Disabilities.
	768	+	22 (7.5) The Commission shall have oversight over the
	769	+	23 collection of supplier diversity reports by State agencies
	770	+	24 to the extent that those agencies are required to collect
	771	+	25 supplier diversity reports. This oversight shall include
	772	+	26 publishing, on the Commission's website, a copy of each
	773	+
	774	+
	775	+
	776	+
	777	+
	778	+	SB3238 Enrolled - 22 - LRB103 36835 MXP 66946 b
	779	+
	780	+
	781	+	SB3238 Enrolled- 23 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 23 - LRB103 36835 MXP 66946 b
	782	+	SB3238 Enrolled - 23 - LRB103 36835 MXP 66946 b
	783	+	1 such supplier diversity report submitted to a State agency
	784	+	2 and may include conducting an annual hearing with each
	785	+	3 State agency to discuss ongoing compliance with supplier
	786	+	4 diversity reporting requirements. The Commission is not
	787	+	5 responsible for ensuring compliance by the filers of
	788	+	6 supplier diversity reports to their respective agencies.
	789	+	7 The agencies subject to oversight by the Commission and
	790	+	8 the relevant voluntary supplier diversity reports include
	791	+	9 the following:
	792	+	10 (A) the Health Facilities and Services Review
	793	+	11 Board for hospitals;
	794	+	12 (B) the Department of Commerce and Economic
	795	+	13 Opportunity for tax credit recipients under the
	796	+	14 Economic Development for a Growing Economy Tax Credit
	797	+	15 Act;
	798	+	16 (C) the Illinois Commerce Commission for
	799	+	17 utilities and railroads;
	800	+	18 (D) the Illinois Gaming Board for casinos; and
	801	+	19 (E) the Illinois Racing Board for race tracks.
	802	+	20 (7.6) The Commission may hold public workshops focused
	803	+	21 on specific industries and reports to collaboratively
	804	+	22 connect diverse enterprises with entities that manage
	805	+	23 supplier diversity programs. These workshops may be
	806	+	24 modeled after Illinois Commerce Commission hearings for
	807	+	25 utilities and railroads that include a collaborative
	808	+	26 discussion of filed supplier diversity reports.
	809	+
	810	+
	811	+
	812	+
	813	+
	814	+	SB3238 Enrolled - 23 - LRB103 36835 MXP 66946 b
	815	+
	816	+
	817	+	SB3238 Enrolled- 24 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 24 - LRB103 36835 MXP 66946 b
	818	+	SB3238 Enrolled - 24 - LRB103 36835 MXP 66946 b
	819	+	1 (8) The Commission shall adopt any rules necessary for
	820	+	2 the implementation and administration of the requirements
	821	+	3 of this Act.
	822	+	4 (9) The Commission shall exercise the authority and
	823	+	5 duties provided to it under Section 45-57 of the Illinois
	824	+	6 Procurement Code.
	825	+	7 (Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21;
	826	+	8 102-671, eff. 11-30-21.)
	827	+	9 Section 25. The Commission on Equity and Inclusion Act is
	828	+	10 amended by adding Sections 40-15 and 40-20 as follows:
	829	+	11 (30 ILCS 574/40-15 new)
	830	+	12 Sec. 40-15. Higher education supplier diversity report.
	831	+	13 (a) Every private institution of higher education approved
	832	+	14 by the Illinois Student Assistance Commission for purposes of
	833	+	15 the Monetary Award Program shall submit an annual 2-page
	834	+	16 report in a searchable Adobe PDF format on its voluntary
	835	+	17 supplier diversity program to the Commission on or before
	836	+	18 November 15 of each year. The report shall set forth all of the
	837	+	19 following:
	838	+	20 (1) The name, address, phone number, and email address
	839	+	21 of the point of contact for the supplier diversity
	840	+	22 program, or the institution's procurement program if there
	841	+	23 is no supplier diversity program, for vendors to register
	842	+	24 with the program.
	843	+
	844	+
	845	+
	846	+
	847	+
	848	+	SB3238 Enrolled - 24 - LRB103 36835 MXP 66946 b
	849	+
	850	+
	851	+	SB3238 Enrolled- 25 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 25 - LRB103 36835 MXP 66946 b
	852	+	SB3238 Enrolled - 25 - LRB103 36835 MXP 66946 b
	853	+	1 (2) Local and State certifications the institution
	854	+	2 accepts or recognizes for minority-owned, women-owned, or
	855	+	3 veteran-owned business status.
	856	+	4 (3) On the second page, a narrative explaining the
	857	+	5 results of the report and the tactics to be employed to
	858	+	6 achieve the goals.
	859	+	7 (4) The voluntary goals, if any, for either the fiscal
	860	+	8 year or calendar year in each category for the entire
	861	+	9 budget of the institution, expending both public and
	862	+	10 private moneys, including any fee-supported entities, and
	863	+	11 the commodity codes or a description of particular goods
	864	+	12 and services for the area of procurement in which the
	865	+	13 institution expects most of those goals to focus on in the
	866	+	14 next reporting year. The actual spending for the entire
	867	+	15 budget of the institution, expending both public and
	868	+	16 private moneys, including any fee-supported entities, for
	869	+	17 minority-owned business enterprises, women-owned business
	870	+	18 enterprises, and veteran-owned business enterprises,
	871	+	19 expressed both in actual dollars and as a percentage of
	872	+	20 the total budget of the institution, must be included for
	873	+	21 each reporting year.
	874	+	22 (b) For each report submitted under subsection (a), the
	875	+	23 Commission shall publish the results on its website for no
	876	+	24 less than 5 years after submission. The Commission is not
	877	+	25 responsible for collecting the reports or for the content of
	878	+	26 the reports.
	879	+
	880	+
	881	+
	882	+
	883	+
	884	+	SB3238 Enrolled - 25 - LRB103 36835 MXP 66946 b
	885	+
	886	+
	887	+	SB3238 Enrolled- 26 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 26 - LRB103 36835 MXP 66946 b
	888	+	SB3238 Enrolled - 26 - LRB103 36835 MXP 66946 b
	889	+	1 (c) The Commission shall hold an annual higher education
	890	+	2 supplier diversity workshop every February to discuss the
	891	+	3 reports with representatives of the institutions of higher
	892	+	4 education and vendors.
	893	+	5 (d) The Commission shall prepare a one-page template, not
	894	+	6 including the narrative section, for the voluntary supplier
	895	+	7 diversity reports.
	896	+	8 (30 ILCS 574/40-20 new)
	897	+	9 Sec. 40-20. Race and gender wage reports.
	898	+	10 (a) Each State agency and public institution of higher
	899	+	11 education shall annually submit to the Commission a report,
	900	+	12 categorized by both race and gender, specifying the respective
	901	+	13 wage earnings of employees of that State agency or public
	902	+	14 institution of higher education.
	903	+	15 (b) The Commission shall compile the information submitted
	904	+	16 under this Section and make that information available to the
	905	+	17 public on the website of the Commission.
	906	+	18 (c) The Commission shall annually submit a report of the
	907	+	19 information compiled under this Section to the Governor and
	908	+	20 the General Assembly.
	909	+	21 (d) As used in this Section:
	910	+	22 "Public institution of higher education" has the meaning
	911	+	23 provided in Section 1 of the Board of Higher Education Act.
	912	+	24 "State agency" means all departments, officers,
	913	+	25 commissions, boards, institutions, and bodies politic and
	914	+
	915	+
	916	+
	917	+
	918	+
	919	+	SB3238 Enrolled - 26 - LRB103 36835 MXP 66946 b
	920	+
	921	+
	922	+	SB3238 Enrolled- 27 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 27 - LRB103 36835 MXP 66946 b
	923	+	SB3238 Enrolled - 27 - LRB103 36835 MXP 66946 b
	924	+	1 corporate of the State. "State agency" does not include the
	925	+	2 judicial branch, including, without limitation, the courts of
	926	+	3 the State, the office of the clerk of the Supreme Court and the
	927	+	4 clerks of the appellate court, and the Administrative Office
	928	+	5 of the Illinois Courts, or the legislature, its agencies, or
	929	+	6 its committees or commissions.
	930	+	7 Section 30. The Business Enterprise for Minorities, Women,
	931	+	8 and Persons with Disabilities Act is amended by changing
	932	+	9 Sections 4, 6a, 8c, 8g, 8j, and 9 as follows:
	933	+	10 (30 ILCS 575/4) (from Ch. 127, par. 132.604)
	934	+	11 (Section scheduled to be repealed on June 30, 2029)
	935	+	12 Sec. 4. Award of State contracts.
	936	+	13 (a) Except as provided in subsection (b), not less than
	937	+	14 30% of the total dollar amount of State contracts, as defined
	938	+	15 by the Secretary of the Council and approved by the Council,
	939	+	16 shall be established as an aspirational goal to be awarded to
	940	+	17 businesses owned by minorities, women, and persons with
	941	+	18 disabilities; provided, however, that of the total amount of
	942	+	19 all State contracts awarded to businesses owned by minorities,
	943	+	20 women, and persons with disabilities pursuant to this Section,
	944	+	21 contracts representing at least 16% shall be awarded to
	945	+	22 businesses owned by minorities, contracts representing at
	946	+	23 least 10% shall be awarded to women-owned businesses, and
	947	+	24 contracts representing at least 4% shall be awarded to
	948	+
	949	+
	950	+
	951	+
	952	+
	953	+	SB3238 Enrolled - 27 - LRB103 36835 MXP 66946 b
	954	+
	955	+
	956	+	SB3238 Enrolled- 28 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 28 - LRB103 36835 MXP 66946 b
	957	+	SB3238 Enrolled - 28 - LRB103 36835 MXP 66946 b
	958	+	1 businesses owned by persons with disabilities.
	959	+	2 (a-5) In addition to the aspirational goals in awarding
	960	+	3 State contracts set under subsection (a), the Commission shall
	961	+	4 by rule further establish targeted efforts to encourage the
	962	+	5 participation of businesses owned by minorities, women, and
	963	+	6 persons with disabilities on State contracts. Such efforts
	964	+	7 shall include, but not be limited to, further concerted
	965	+	8 outreach efforts to businesses owned by minorities, women, and
	966	+	9 persons with disabilities.
	967	+	10 The above percentage relates to the total dollar amount of
	968	+	11 State contracts during each State fiscal year, calculated by
	969	+	12 examining independently each type of contract for each agency
	970	+	13 or public institutions of higher education which lets such
	971	+	14 contracts. Only that percentage of arrangements which
	972	+	15 represents the participation of businesses owned by
	973	+	16 minorities, women, and persons with disabilities on such
	974	+	17 contracts shall be included. State contracts subject to the
	975	+	18 requirements of this Act shall include the requirement that
	976	+	19 only expenditures to businesses owned by minorities, women,
	977	+	20 and persons with disabilities that perform a commercially
	978	+	21 useful function may be counted toward the goals set forth by
	979	+	22 this Act. Contracts shall include a definition of
	980	+	23 "commercially useful function" that is consistent with 49 CFR
	981	+	24 26.55(c).
	982	+	25 (b) Not less than 20% of the total dollar amount of State
	983	+	26 construction contracts is established as an aspirational goal
	984	+
	985	+
	986	+
	987	+
	988	+
	989	+	SB3238 Enrolled - 28 - LRB103 36835 MXP 66946 b
	990	+
	991	+
	992	+	SB3238 Enrolled- 29 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 29 - LRB103 36835 MXP 66946 b
	993	+	SB3238 Enrolled - 29 - LRB103 36835 MXP 66946 b
	994	+	1 to be awarded to businesses owned by minorities, women, and
	995	+	2 persons with disabilities; provided that, contracts
	996	+	3 representing at least 11% of the total dollar amount of State
	997	+	4 construction contracts shall be awarded to businesses owned by
	998	+	5 minorities; contracts representing at least 7% of the total
	999	+	6 dollar amount of State construction contracts shall be awarded
	1000	+	7 to women-owned businesses; and contracts representing at least
	1001	+	8 2% of the total dollar amount of State construction contracts
	1002	+	9 shall be awarded to businesses owned by persons with
	1003	+	10 disabilities.
	1004	+	11 (c) (Blank).
	1005	+	12 (c-5) All goals established under this Section shall be
	1006	+	13 contingent upon the results of the most recent disparity study
	1007	+	14 conducted by the State.
	1008	+	15 (d) Within one year after April 28, 2009 (the effective
	1009	+	16 date of Public Act 96-8), the Department of Central Management
	1010	+	17 Services shall conduct a social scientific study that measures
	1011	+	18 the impact of discrimination on minority and women business
	1012	+	19 development in Illinois. Within 18 months after April 28, 2009
	1013	+	20 (the effective date of Public Act 96-8), the Department shall
	1014	+	21 issue a report of its findings and any recommendations on
	1015	+	22 whether to adjust the goals for minority and women
	1016	+	23 participation established in this Act. Copies of this report
	1017	+	24 and the social scientific study shall be filed with the
	1018	+	25 Governor and the General Assembly. By December 31, 2028
	1019	+	26 December 1, 2020, the Commission on Equity and Inclusion
	1020	+
	1021	+
	1022	+
	1023	+
	1024	+
	1025	+	SB3238 Enrolled - 29 - LRB103 36835 MXP 66946 b
	1026	+
	1027	+
	1028	+	SB3238 Enrolled- 30 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 30 - LRB103 36835 MXP 66946 b
	1029	+	SB3238 Enrolled - 30 - LRB103 36835 MXP 66946 b
	1030	+	1 Department of Central Management Services shall conduct a new
	1031	+	2 social scientific study that measures the impact of
	1032	+	3 discrimination on minority and women business development in
	1033	+	4 Illinois. By June 30, 2029 June 1, 2022, the Commission
	1034	+	5 Department shall issue a report of its findings and any
	1035	+	6 recommendations on whether to adjust the goals for minority
	1036	+	7 and women participation established in this Act. Copies of
	1037	+	8 this report and the social scientific study shall be filed
	1038	+	9 with the Governor and the General Assembly. By December 31,
	1039	+	10 2029 December 1, 2022, the Commission on Equity and Inclusion
	1040	+	11 Business Enterprise Program shall develop a model for social
	1041	+	12 scientific disparity study sourcing for local governmental
	1042	+	13 units to adapt and implement to address regional disparities
	1043	+	14 in public procurement.
	1044	+	15 (e) All State contract solicitations that include Business
	1045	+	16 Enterprise Program participation goals shall require bidders
	1046	+	17 or offerors to include utilization plans. Utilization plans
	1047	+	18 are due at the time of bid or offer submission. Failure to
	1048	+	19 complete and include a utilization plan, including
	1049	+	20 documentation demonstrating good faith efforts when requesting
	1050	+	21 a waiver, shall render the bid or offer non-responsive.
	1051	+	22 Except as permitted under this Act or as otherwise
	1052	+	23 mandated by federal regulation, a bidder or offeror whose bid
	1053	+	24 or offer is accepted and who included in that bid a completed
	1054	+	25 utilization plan but who fails to meet the goals set forth in
	1055	+	26 the plan shall be notified of the deficiency by the
	1056	+
	1057	+
	1058	+
	1059	+
	1060	+
	1061	+	SB3238 Enrolled - 30 - LRB103 36835 MXP 66946 b
	1062	+
	1063	+
	1064	+	SB3238 Enrolled- 31 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 31 - LRB103 36835 MXP 66946 b
	1065	+	SB3238 Enrolled - 31 - LRB103 36835 MXP 66946 b
	1066	+	1 contracting agency or public institution of higher education
	1067	+	2 and shall be given a period of 10 calendar days to cure the
	1068	+	3 deficiency by contracting with additional subcontractors who
	1069	+	4 are certified by the Business Enterprise Program or by
	1070	+	5 increasing the work to be performed by previously identified
	1071	+	6 vendors certified by the Business Enterprise Program.
	1072	+	7 Deficiencies that may be cured include: (i) scrivener's
	1073	+	8 errors, such as transposed numbers; (ii) information submitted
	1074	+	9 in an incorrect form or format; (iii) mistakes resulting from
	1075	+	10 failure to follow instructions or to identify and adequately
	1076	+	11 document good faith efforts taken to comply with the
	1077	+	12 utilization plan; or (iv) a proposal to use a firm whose
	1078	+	13 Business Enterprise Program certification has lapsed or is not
	1079	+	14 yet recognized. Cure is not authorized if the bidder or
	1080	+	15 offeror submits a blank utilization plan, a utilization plan
	1081	+	16 that shows lack of reasonable effort to complete the form on
	1082	+	17 time, or a utilization plan that states the contract will be
	1083	+	18 self-performed, by a non-certified vendor, without showing
	1084	+	19 good faith efforts or a request for a waiver. All cure activity
	1085	+	20 shall address the deficiencies identified by the purchasing
	1086	+	21 agency and shall require clear documentation, including that
	1087	+	22 of good faith efforts, to address those deficiencies. Any
	1088	+	23 increase in cost to a contract for the addition of a
	1089	+	24 subcontractor to cure a bid's deficiency shall not affect the
	1090	+	25 bid price and shall not be used in the request for an exemption
	1091	+	26 under this Act, and, in no case, shall an identified
	1092	+
	1093	+
	1094	+
	1095	+
	1096	+
	1097	+	SB3238 Enrolled - 31 - LRB103 36835 MXP 66946 b
	1098	+
	1099	+
	1100	+	SB3238 Enrolled- 32 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 32 - LRB103 36835 MXP 66946 b
	1101	+	SB3238 Enrolled - 32 - LRB103 36835 MXP 66946 b
	1102	+	1 subcontractor with a Business Enterprise Program certification
	1103	+	2 made under this Act be terminated from a contract without the
	1104	+	3 written consent of the State agency or public institution of
	1105	+	4 higher education entering into the contract. The purchasing
	1106	+	5 agency or public institution of higher education shall make
	1107	+	6 the determination whether the cure is adequate.
	1108	+	7 Vendors certified with the Business Enterprise Program at
	1109	+	8 the time and date submittals are due and who do not submit a
	1110	+	9 utilization plan or have utilization plan deficiencies shall
	1111	+	10 have 10 business days to submit a utilization plan or to
	1112	+	11 correct the utilization plan deficiencies.
	1113	+	12 (f) (Blank).
	1114	+	13 (g) (Blank).
	1115	+	14 (h) State agencies and public institutions of higher
	1116	+	15 education shall notify the Commission on Equity and Inclusion
	1117	+	16 of all non-responsive bids or proposals for State contracts.
	1118	+	17 (Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
	1119	+	18 101-657, Article 1, Section 1-5, eff. 1-1-22; 101-657, Article
	1120	+	19 40, Section 40-130, eff. 1-1-22; 102-29, eff. 6-25-21;
	1121	+	20 102-558, eff. 8-20-21; 102-1119, eff. 1-23-23.)
	1122	+	21 (30 ILCS 575/6a) (from Ch. 127, par. 132.606a)
	1123	+	22 (Section scheduled to be repealed on June 30, 2029)
	1124	+	23 Sec. 6a. Notice of contracts to Council. Except in case of
	1125	+	24 emergency as defined in the Illinois Procurement Code, or as
	1126	+	25 authorized by rule promulgated by the Commission on Equity and
	1127	+
	1128	+
	1129	+
	1130	+
	1131	+
	1132	+	SB3238 Enrolled - 32 - LRB103 36835 MXP 66946 b
	1133	+
	1134	+
	1135	+	SB3238 Enrolled- 33 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 33 - LRB103 36835 MXP 66946 b
	1136	+	SB3238 Enrolled - 33 - LRB103 36835 MXP 66946 b
	1137	+	1 Inclusion Department of Central Management Services, each
	1138	+	2 agency and public institution of higher education under the
	1139	+	3 jurisdiction of this Act shall notify the Secretary of the
	1140	+	4 Council of proposed contracts for professional and artistic
	1141	+	5 services and provide the information in the form and detail as
	1142	+	6 required by rule promulgated by the Commission on Equity and
	1143	+	7 Inclusion Department of Central Management Services.
	1144	+	8 Notification may be made through direct written communication
	1145	+	9 to the Secretary to be received at least 14 days before
	1146	+	10 execution of the contract (or the solicitation response date,
	1147	+	11 if applicable). The agency or public institution of higher
	1148	+	12 education must consider any vendor referred by the Secretary
	1149	+	13 before execution of the contract. The provisions of this
	1150	+	14 Section shall not apply to any State agency or public
	1151	+	15 institution of higher education that has awarded contracts for
	1152	+	16 professional and artistic services to businesses owned by
	1153	+	17 minorities, women, and persons with disabilities totaling in
	1154	+	18 the aggregate $40,000,000 or more during the preceding fiscal
	1155	+	19 year.
	1156	+	20 (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
	1157	+	21 (30 ILCS 575/8c) (from Ch. 127, par. 132.608c)
	1158	+	22 (Section scheduled to be repealed on June 30, 2029)
	1159	+	23 Sec. 8c. Recommended rules and regulations for the
	1160	+	24 establishment and continuation of narrowly tailored sheltered
	1161	+	25 markets under Section 8b shall be approved by the Council
	1162	+
	1163	+
	1164	+
	1165	+
	1166	+
	1167	+	SB3238 Enrolled - 33 - LRB103 36835 MXP 66946 b
	1168	+
	1169	+
	1170	+	SB3238 Enrolled- 34 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 34 - LRB103 36835 MXP 66946 b
	1171	+	SB3238 Enrolled - 34 - LRB103 36835 MXP 66946 b
	1172	+	1 prior to submission by the Commission on Equity and Inclusion
	1173	+	2 Department of Central Management Services to the Joint
	1174	+	3 Committee on Administrative Rules. These rules shall include
	1175	+	4 but not be limited to agency goals, waivers and procedures for
	1176	+	5 use of sheltered markets.
	1177	+	6 (Source: P.A. 86-269; 86-270.)
	1178	+	7 (30 ILCS 575/8g)
	1179	+	8 (Section scheduled to be repealed on June 30, 2029)
	1180	+	9 Sec. 8g. Business Enterprise Program Council reports.
	1181	+	10 (a) The Commission on Equity and Inclusion Department of
	1182	+	11 Central Management Services shall provide a report to the
	1183	+	12 Council identifying all State agency non-construction
	1184	+	13 solicitations that exceed $20,000,000 and that have less than
	1185	+	14 a 20% established goal prior to publication.
	1186	+	15 (b) The Commission on Equity and Inclusion Department of
	1187	+	16 Central Management Services shall provide a report to the
	1188	+	17 Council identifying all State agency non-construction awards
	1189	+	18 that exceed $20,000,000. The report shall contain the
	1190	+	19 following: (i) the name of the awardee; (ii) the total bid
	1191	+	20 amount; (iii) the established Business Enterprise Program
	1192	+	21 goal; (iv) the dollar amount and percentage of participation
	1193	+	22 by businesses owned by minorities, women, and persons with
	1194	+	23 disabilities; and (v) the names of the certified firms
	1195	+	24 identified in the utilization plan.
	1196	+	25 (Source: P.A. 100-391, eff. 8-25-17; 100-863, eff. 8-14-18.)
	1197	+
	1198	+
	1199	+
	1200	+
	1201	+
	1202	+	SB3238 Enrolled - 34 - LRB103 36835 MXP 66946 b
	1203	+
	1204	+
	1205	+	SB3238 Enrolled- 35 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 35 - LRB103 36835 MXP 66946 b
	1206	+	SB3238 Enrolled - 35 - LRB103 36835 MXP 66946 b
	1207	+	1 (30 ILCS 575/8j)
	1208	+	2 (Section scheduled to be repealed on June 30, 2029)
	1209	+	3 Sec. 8j. Special Committee on Minority, Female, Persons
	1210	+	4 with Disabilities, and Veterans Contracting.
	1211	+	5 (a) There is created a Special Committee on Minority,
	1212	+	6 Female, Persons with Disabilities, and Veterans Contracting
	1213	+	7 under the Council. The Special Committee shall review
	1214	+	8 Illinois' procurement laws regarding contracting with
	1215	+	9 minority-owned businesses, women-owned businesses, businesses
	1216	+	10 owned by persons with disabilities, and veteran-owned
	1217	+	11 businesses to determine what changes should be made to
	1218	+	12 increase participation of these businesses in State
	1219	+	13 procurements.
	1220	+	14 (b) The Special Committee shall consist of the following
	1221	+	15 members:
	1222	+	16 (1) 3 persons each to be appointed by the Speaker of
	1223	+	17 the House of Representatives, the Minority Leader of the
	1224	+	18 House of Representatives, the President of the Senate, and
	1225	+	19 the Minority Leader of the Senate; only one Special
	1226	+	20 Committee member of each appointee under this paragraph
	1227	+	21 may be a current member of the General Assembly;
	1228	+	22 (2) the Executive Director of the Commission on Equity
	1229	+	23 and Inclusion or the Executive Director's designee
	1230	+	24 Director of Central Management Services, or his or her
	1231	+	25 designee;
	1232	+
	1233	+
	1234	+
	1235	+
	1236	+
	1237	+	SB3238 Enrolled - 35 - LRB103 36835 MXP 66946 b
	1238	+
	1239	+
	1240	+	SB3238 Enrolled- 36 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 36 - LRB103 36835 MXP 66946 b
	1241	+	SB3238 Enrolled - 36 - LRB103 36835 MXP 66946 b
	1242	+	1 (3) the chairperson of the Council, or his or her
	1243	+	2 designee; and
	1244	+	3 (4) each chief procurement officer.
	1245	+	4 (c) The Special Committee shall conduct at least 3
	1246	+	5 hearings, with at least one hearing in Springfield and one in
	1247	+	6 Chicago. Each hearing shall be open to the public and notice of
	1248	+	7 the hearings shall be posted on the websites of the
	1249	+	8 Procurement Policy Board, the Commission on Equity and
	1250	+	9 Inclusion Department of Central Management Services, and the
	1251	+	10 General Assembly at least 6 days prior to the hearing.
	1252	+	11 (Source: P.A. 100-43, eff. 8-9-17; 100-863, eff. 8-14-18.)
	1253	+	12 (30 ILCS 575/9) (from Ch. 127, par. 132.609)
	1254	+	13 (Section scheduled to be repealed on June 30, 2029)
	1255	+	14 Sec. 9. Repeal. This Act is repealed June 30, 2030 2029.
	1256	+	15 (Source: P.A. 103-563, eff. 11-17-23.)
	1257	+	16 Section 99. Effective date. This Act takes effect upon
	1258	+	17 becoming law, except that Section 23 takes effect on July 1,
	1259	+	18 2025.
	1260	+	SB3238 Enrolled- 37 -LRB103 36835 MXP 66946 b 1 INDEX 2 Statutes amended in order of appearance SB3238 Enrolled- 37 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 37 - LRB103 36835 MXP 66946 b 1 INDEX 2 Statutes amended in order of appearance
	1261	+	SB3238 Enrolled- 37 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 37 - LRB103 36835 MXP 66946 b
	1262	+	SB3238 Enrolled - 37 - LRB103 36835 MXP 66946 b
	1263	+	1 INDEX
	1264	+	2 Statutes amended in order of appearance
	1265	+
	1266	+
	1267	+
	1268	+
	1269	+
	1270	+	SB3238 Enrolled - 36 - LRB103 36835 MXP 66946 b
	1271	+
	1272	+
	1273	+
	1274	+	SB3238 Enrolled- 37 -LRB103 36835 MXP 66946 b SB3238 Enrolled - 37 - LRB103 36835 MXP 66946 b
	1275	+	SB3238 Enrolled - 37 - LRB103 36835 MXP 66946 b
	1276	+	1 INDEX
	1277	+	2 Statutes amended in order of appearance
	1278	+
	1279	+
	1280	+
	1281	+
	1282	+
	1283	+	SB3238 Enrolled - 37 - LRB103 36835 MXP 66946 b