HB 5388

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Full Text of HB5388
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	HB5388 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5388
Introduced 2/10/2026, by Rep. Ann M. Williams
SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 105/5.1038 new
Creates the Solar Energy Reliability and Affordability Checkoff Program Act. Sets forth findings. Defines terms. Creates the Solar Energy Reliability and Affordability Fund. Provides that the Fund may receive deposits of moneys collected by the Department of Agriculture under provisions of the Act concerning the collection of solar energy fees. Creates the Solar Energy Reliability and Affordability Board appointed by the Governor to administer and manage the Fund. Sets forth membership requirements of the Board. Provides that the Board shall ensure that assessments collected under the Act are used for the creation and publication of research, communication, marketing, and education programs that promote accurate information related to, emphasize the clean energy benefits and affordability of, and promote the adoption of solar energy systems and energy storage systems, which may include the funding of third-party organizations for these purposes and any related activities to carry out the programs as proposed by the Board. Requires each owner, operator, or developer of a solar energy system to pay a 2 cents per watt assessment on all solar energy systems sold for installation within the State to the Department of Agriculture. Provides that assessments are payable directly to the Board and shall be paid when a commercial renewable energy facility owner enters into an agricultural impact mitigation agreement as required under the Renewable Energy Facilities Agricultural Impact Mitigation Act. Requires the Board to publish an annual financial and activities report. Amends the State Finance Act to create the Solar Energy Reliability and Affordability Fund as a special fund in the State treasury. Effective immediately.
LRB104 19707 AAS 33156 b
A BILL FOR
		HB5388		LRB104 19707 AAS 33156 b
1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Solar
5Energy Reliability and Affordability Checkoff Program Act.
6    Section 5. Findings. The General Assembly finds that:
7        (1) the clean energy sector is a vitally important
8    element of the State's economy that sits at a critical
9    inflection point, with widespread market adoption underway
10    but underfunded public communications makes the sector
11    vulnerable to misinformation;
12        (2) nationwide, fossil fuel trade associations
13    outspend clean energy advocacy 28 to 1, distorting public
14    understanding and undermining public trust and legislative
15    support;
16        (3) to correct for this market inequity, Illinois must
17    launch a State-based checkoff program to support public
18    education and workforce development and boost consumer
19    confidence in low-cost, energy independent, resilient,
20    clean energy technologies;
21        (4) the clean energy checkoff program will be designed
22    to enhance and preserve the economic interests of
23    Illinois;
		HB5388	- 2 -	LRB104 19707 AAS 33156 b
1        (5) a technology-specific, fee-based mechanism is
2    necessary to ensure all industry participants contribute
3    equitably and to avoid free rider problems; and
4        (6) Illinois has a unique opportunity to model a
5    rapid, tailored, and transparent approach to promoting
6    clean energy, supporting its climate goals and supporting
7    its energy affordability and environmental justice
8    commitments.
9    Section 10. Definitions. As used in this Act:
10    "Board" means the Solar Energy Reliability and
11Affordability Board.
12    "Clean energy" has the meaning given to that term in
13Section 1-10 of the Illinois Power Agency Act.
14    "Department" means the Department of Agriculture.
15    "Director" means the Director of Agriculture.
16    "Fund" means the Solar Energy Reliability and
17Affordability Fund.
18    Section 15. Solar Energy Reliability and Affordability
19Fund. The Solar Energy Reliability and Affordability Fund is
20created as a special fund in the State treasury to be
21administered by the Solar Energy Reliability and Affordability
22Board. The Fund may receive deposits of moneys collected by
23the Department of Agriculture under Section 30 of this Act.
		HB5388	- 3 -	LRB104 19707 AAS 33156 b
1    Section 20. Solar Energy Reliability and Affordability
2Board.
3    (a) The Solar Energy Reliability and Affordability Board
4is created to administer and manage the Fund.
5    (b) The members of the Board shall be appointed by the
6Governor as follows:
7        (1) Two representatives of owners, operators, or
8    developers of community solar systems;
9        (2) Two representatives of owners, operators, or
10    developers of utility-scale solar systems;
11        (3) Two representatives of owners, operators, or
12    developers of residential solar systems; and
13        (4) One representative of a solar energy trade
14    association.
15    (c) The total administrative costs to manage the Board
16shall not exceed 5% of the annual assessments made under
17Section 30. Board members may be compensated for work
18performed on behalf of the Board, and may be refunded for
19travel and administrative expenses incurred in performing
20their duties as members of the Board.
21    (d) Terms of appointment for Board members may not exceed
225 years. A Board member may serve no more than 2 terms.
23    (e) The Governor shall appoint Board members on or before
24December 31, 2026.
25    (f) The Board shall ensure that assessments collected
26under Section 30 of this Act are used for the creation and
		HB5388	- 4 -	LRB104 19707 AAS 33156 b
1publication of research, communication, marketing, and
2education programs that promote accurate information related
3to, emphasize the clean energy benefits and affordability of,
4and promote the adoption of solar energy systems and energy
5storage systems, which may include the funding of third-party
6organizations for these purposes and any related activities to
7carry out the programs as proposed by the Board. Assessments
8authorized for the programs listed in this subsection (f)
9shall not be used for political activity of any kind or for
10preferential treatment of any person to the detriment of other
11persons in the applicable program.
12    (g) The Board may cooperate with any other local, State,
13or national commission, organization, or agency, whether
14voluntary or created by State or national law, that is engaged
15in work or activities similar to the work and activities of the
16Board in the promotion of State solar energy systems and may
17recommend that the Department enter into contracts and
18agreements with these organizations or agencies for joint
19research, communication, marketing, and education programs.
20    Section 25. Solar energy fees.
21    (a) Each owner, operator, or developer of a solar energy
22system shall pay a 2 cents per watt assessment on all solar
23energy systems sold for installation within this State to the
24Department of Agriculture.
25    (b) The assessment shall apply to both (1) wholesale and
		HB5388	- 5 -	LRB104 19707 AAS 33156 b
1retail transactions in this State, including online sales
2shipped to addresses in this State, and (2) purchases made for
3solar energy systems by individuals, businesses, government
4agencies, and public utilities within this State.
5    (c) The Board may increase the amount of the assessment
6every 2 years based on inflation and program needs, but not to
7an amount that exceeds 0.5% of the wholesale value of the
8product.
9    Section 30. Collection of solar energy fees.
10    (a) Assessments under Section 25 are payable directly to
11the Board and shall be paid when a commercial renewable energy
12facility owner enters into an agricultural impact mitigation
13agreement as required under the Renewable Energy Facilities
14Agricultural Impact Mitigation Act.
15    (b) Assessments under Section 25 for owners, operators, or
16developers of a solar energy system that are not required to
17enter into an agricultural impact mitigation agreement during
18the development of a project are payable directly to the Board
19and shall be paid when a developer enters into a contract for
20the delivery of renewable energy credits facilitated by the
21Illinois Power Agency.
22    (c) If an owner, operator, or developer fails to remit the
23full amount of an assessment under Section 25 or such other sum
24within 30 days after the due date, the owner, operator, or
25developer shall be given an opportunity to present their case
		HB5388	- 6 -	LRB104 19707 AAS 33156 b
1before the Board. Once the correct assessment is determined,
2the Board may add to such unpaid assessment or other sum a
3penalty amount not exceeding 10% of the amount due plus the
4costs of enforcing the collection of the assessment or sum. If
5an owner, operator, or developer fails to remit any properly
6due assessment or sum, the Board may bring a civil action
7against the person in the circuit court of any county in this
8State for the collection of, together with the additional
9specified 10% penalty assessment, the costs of enforcing the
10collection of the assessment and any court costs. The action
11shall be tried and judgment shall be rendered as in any other
12cause of action for debts due and payable. All assessments are
13due and payable to the Board.
14    Section 35. Reporting and auditing.
15    (a) The Board shall publish an annual financial and
16activities report that includes the amount of funds collected
17and any expenditures for programs.
18    (b) The Board shall be audited at least annually by a
19certified public accountant. The audit shall be made available
20within 30 days after its completion to the Director and each
21Board member for dissemination to their respective
22organizations.
23    (c) The cost of an audit under this Section shall be
24covered by moneys deposited into the Fund.
		HB5388	- 7 -	LRB104 19707 AAS 33156 b
1    Section 97. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
3    Section 100. The State Finance Act is amended by adding
4Section 5.1038 as follows:
5    (30 ILCS 105/5.1038 new)
6    Sec. 5.1038. The Solar Energy Reliability and 
7Affordability Fund.
8    Section 999. Effective date. This Act takes effect upon
9becoming law.