Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1277 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1277 Introduced 1/28/2025, by Sen. Li Arellano, Jr. - Chris Balkema SYNOPSIS AS INTRODUCED: 20 ILCS 3855/1-56.5 new30 ILCS 105/5.1030 new Amends the Illinois Power Agency Act. Prohibits a company that provides solar project installation services or solar facility installation services from installing a solar project or solar facility in Illinois without posting and maintaining, with the Illinois Power Agency, a surety bond in the amount of $2,000,000 or such higher amount as is annually set by the Agency by rule. Requires the Agency to adopt rules to establish requirements for the mandated surety bonds and procedures for posting and maintaining those bonds. Requires the rules adopted by the Agency to prescribe the type and amount of the surety bond required and the conditions under which the Agency is entitled to collect moneys from such bonds. Authorizes the rules adopted by the Agency to contain any other provisions the Agency deems necessary to administer the provisions of the amendatory Act. Directs the Agency to annually adjust the amount of the required surety bond beginning 2 years after the effective date of the amendatory Act. Creates the Solar Installation Fund. Provides that any moneys forfeited to the State from the required surety bonds shall be deposited into the Solar Installation Fund and shall, upon approval by the Governor and the Director of the Agency, be used by and under the direction of the Agency for the purpose of ensuring that certain rebate and warranty obligations of such a company are met. Authorizes the Agency to enter into contracts and agreements it deems necessary to carry out the provisions of the amendatory Act. Provides that neither the State, nor the Director of the Agency, nor any State employee shall be liable for any damages or injuries arising out of or resulting from any action taken under the provisions of the amendatory Act. Allows the Agency to approve or disapprove any surety bond. Allows a person whose surety bond is disapproved to contest the disapproval. Makes a conforming change in the State Finance Act. LRB104 06361 AAS 16397 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1277 Introduced 1/28/2025, by Sen. Li Arellano, Jr. - Chris Balkema SYNOPSIS AS INTRODUCED: 20 ILCS 3855/1-56.5 new30 ILCS 105/5.1030 new 20 ILCS 3855/1-56.5 new 30 ILCS 105/5.1030 new Amends the Illinois Power Agency Act. Prohibits a company that provides solar project installation services or solar facility installation services from installing a solar project or solar facility in Illinois without posting and maintaining, with the Illinois Power Agency, a surety bond in the amount of $2,000,000 or such higher amount as is annually set by the Agency by rule. Requires the Agency to adopt rules to establish requirements for the mandated surety bonds and procedures for posting and maintaining those bonds. Requires the rules adopted by the Agency to prescribe the type and amount of the surety bond required and the conditions under which the Agency is entitled to collect moneys from such bonds. Authorizes the rules adopted by the Agency to contain any other provisions the Agency deems necessary to administer the provisions of the amendatory Act. Directs the Agency to annually adjust the amount of the required surety bond beginning 2 years after the effective date of the amendatory Act. Creates the Solar Installation Fund. Provides that any moneys forfeited to the State from the required surety bonds shall be deposited into the Solar Installation Fund and shall, upon approval by the Governor and the Director of the Agency, be used by and under the direction of the Agency for the purpose of ensuring that certain rebate and warranty obligations of such a company are met. Authorizes the Agency to enter into contracts and agreements it deems necessary to carry out the provisions of the amendatory Act. Provides that neither the State, nor the Director of the Agency, nor any State employee shall be liable for any damages or injuries arising out of or resulting from any action taken under the provisions of the amendatory Act. Allows the Agency to approve or disapprove any surety bond. Allows a person whose surety bond is disapproved to contest the disapproval. Makes a conforming change in the State Finance Act. LRB104 06361 AAS 16397 b LRB104 06361 AAS 16397 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1277 Introduced 1/28/2025, by Sen. Li Arellano, Jr. - Chris Balkema SYNOPSIS AS INTRODUCED:
3	3	20 ILCS 3855/1-56.5 new30 ILCS 105/5.1030 new 20 ILCS 3855/1-56.5 new 30 ILCS 105/5.1030 new
4	4	20 ILCS 3855/1-56.5 new
5	5	30 ILCS 105/5.1030 new
6	6	Amends the Illinois Power Agency Act. Prohibits a company that provides solar project installation services or solar facility installation services from installing a solar project or solar facility in Illinois without posting and maintaining, with the Illinois Power Agency, a surety bond in the amount of $2,000,000 or such higher amount as is annually set by the Agency by rule. Requires the Agency to adopt rules to establish requirements for the mandated surety bonds and procedures for posting and maintaining those bonds. Requires the rules adopted by the Agency to prescribe the type and amount of the surety bond required and the conditions under which the Agency is entitled to collect moneys from such bonds. Authorizes the rules adopted by the Agency to contain any other provisions the Agency deems necessary to administer the provisions of the amendatory Act. Directs the Agency to annually adjust the amount of the required surety bond beginning 2 years after the effective date of the amendatory Act. Creates the Solar Installation Fund. Provides that any moneys forfeited to the State from the required surety bonds shall be deposited into the Solar Installation Fund and shall, upon approval by the Governor and the Director of the Agency, be used by and under the direction of the Agency for the purpose of ensuring that certain rebate and warranty obligations of such a company are met. Authorizes the Agency to enter into contracts and agreements it deems necessary to carry out the provisions of the amendatory Act. Provides that neither the State, nor the Director of the Agency, nor any State employee shall be liable for any damages or injuries arising out of or resulting from any action taken under the provisions of the amendatory Act. Allows the Agency to approve or disapprove any surety bond. Allows a person whose surety bond is disapproved to contest the disapproval. Makes a conforming change in the State Finance Act.
7	7	LRB104 06361 AAS 16397 b LRB104 06361 AAS 16397 b
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9	9	A BILL FOR
10	10	SB1277LRB104 06361 AAS 16397 b SB1277 LRB104 06361 AAS 16397 b
11	11	SB1277 LRB104 06361 AAS 16397 b
12	12	1 AN ACT concerning State government.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Illinois Power Agency Act is amended by
16	16	5 adding Section 1-56.5 as follows:
17	17	6 (20 ILCS 3855/1-56.5 new)
18	18	7 Sec. 1-56.5. Surety bonds required for solar installers to
19	19	8 ensure payment of warranty and rebate obligations.
20	20	9 (a) Beginning one year after the effective date of this
21	21	10 amendatory Act of the 104th General Assembly, a company that
22	22	11 provides solar project installation services or solar facility
23	23	12 installation services shall not install a solar project or
24	24	13 solar facility in this State unless that company has posted
25	25	14 and maintained, with the Agency, a surety bond in the amount of
26	26	15 $2,000,000 or such higher amount as is annually set by the
27	27	16 Agency by rule under subsection (b), for the purpose of
28	28	17 ensuring, regardless of whether the company closes, files for
29	29	18 bankruptcy protection, or reorganizes, that:
30	30	19 (1) all of the company's warranty obligations to
31	31	20 customers in the State are met; and
32	32	21 (2) all of the rebate payments owed by the company to
33	33	22 customers in the State are paid.
34	34	23 (b) Within 6 months after the effective date of this
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1277 Introduced 1/28/2025, by Sen. Li Arellano, Jr. - Chris Balkema SYNOPSIS AS INTRODUCED:
39	39	20 ILCS 3855/1-56.5 new30 ILCS 105/5.1030 new 20 ILCS 3855/1-56.5 new 30 ILCS 105/5.1030 new
40	40	20 ILCS 3855/1-56.5 new
41	41	30 ILCS 105/5.1030 new
42	42	Amends the Illinois Power Agency Act. Prohibits a company that provides solar project installation services or solar facility installation services from installing a solar project or solar facility in Illinois without posting and maintaining, with the Illinois Power Agency, a surety bond in the amount of $2,000,000 or such higher amount as is annually set by the Agency by rule. Requires the Agency to adopt rules to establish requirements for the mandated surety bonds and procedures for posting and maintaining those bonds. Requires the rules adopted by the Agency to prescribe the type and amount of the surety bond required and the conditions under which the Agency is entitled to collect moneys from such bonds. Authorizes the rules adopted by the Agency to contain any other provisions the Agency deems necessary to administer the provisions of the amendatory Act. Directs the Agency to annually adjust the amount of the required surety bond beginning 2 years after the effective date of the amendatory Act. Creates the Solar Installation Fund. Provides that any moneys forfeited to the State from the required surety bonds shall be deposited into the Solar Installation Fund and shall, upon approval by the Governor and the Director of the Agency, be used by and under the direction of the Agency for the purpose of ensuring that certain rebate and warranty obligations of such a company are met. Authorizes the Agency to enter into contracts and agreements it deems necessary to carry out the provisions of the amendatory Act. Provides that neither the State, nor the Director of the Agency, nor any State employee shall be liable for any damages or injuries arising out of or resulting from any action taken under the provisions of the amendatory Act. Allows the Agency to approve or disapprove any surety bond. Allows a person whose surety bond is disapproved to contest the disapproval. Makes a conforming change in the State Finance Act.
43	43	LRB104 06361 AAS 16397 b LRB104 06361 AAS 16397 b
44	44	LRB104 06361 AAS 16397 b
45	45	A BILL FOR
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51	51	20 ILCS 3855/1-56.5 new
52	52	30 ILCS 105/5.1030 new
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71	71	1 amendatory Act of the 104th General Assembly, the Agency shall
72	72	2 adopt rules establishing requirements for the surety bonds
73	73	3 described in this Section and the procedures for posting and
74	74	4 maintaining those surety bonds with the Agency. The rules
75	75	5 adopted under this subsection (b) shall prescribe the type and
76	76	6 amount of the surety bond required under this Section and the
77	77	7 conditions under which the Agency is entitled to collect
78	78	8 moneys from such bonds. The rules adopted under this
79	79	9 subsection (b) may also contain any other provisions the
80	80	10 Agency deems necessary to administer this Section. Beginning 2
81	81	11 years after the effective date of this amendatory Act of the
82	82	12 104th General Assembly, the Agency shall, by rule, annually
83	83	13 adjust the amount of the surety bond required under this
84	84	14 Section.
85	85	15 (c) There is hereby created within the State treasury a
86	86	16 special fund to be known as the Solar Installation Fund. Any
87	87	17 moneys forfeited to the State from any surety bond required
88	88	18 under this Section shall be deposited into the Solar
89	89	19 Installation Fund and shall, upon approval by the Governor and
90	90	20 the Director, be used by and under the direction of the Agency
91	91	21 for the purposes for which such surety bond was issued. The
92	92	22 Solar Installation Fund is not subject to the provisions of
93	93	23 subsection (c) of Section 5 of the State Finance Act.
94	94	24 (d) The Agency may enter into any contract or agreement
95	95	25 that it deems necessary to carry out the purposes of this
96	96	26 Section. Neither the State, nor the Director, nor any State
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107	107	1 employee shall be liable for any damages or injuries arising
108	108	2 out of or resulting from any action taken under this Section.
109	109	3 (e) The Agency may approve or disapprove any surety bond
110	110	4 required under this Section. Any person whose surety bond is
111	111	5 disapproved by the Agency may contest the disapproval under
112	112	6 the Administrative Review Law.
113	113	7 (f) Nothing in this Section shall bar a cause of action by
114	114	8 the State for any other penalty or relief provided by this Act
115	115	9 or any other law.
116	116	10 Section 10. The State Finance Act is amended by adding
117	117	11 Section 5.1030 as follows:
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