(15 ILCS 17/1)
Sec. 1. Short title. This Act may be cited as the Executive Order 3 (2017) Implementation Act.
(Source: P.A. 102-444, eff. 8-20-21.)
(15 ILCS 17/5)
Sec. 5. Effect. This Act, including all of the amendatory provisions of this Act, implements and supersedes the provisions of Executive Order 3 (2017) concerning the transfer of rights, powers, duties, responsibilities, employees, property, funds, and functions from the Department of Commerce and Economic Opportunity to the Environmental Protection Agency.
(Source: P.A. 102-444, eff. 8-20-21.)
(15 ILCS 17/10)
Sec. 10. Functions transferred. Except as provided in Section 15, on the effective date of this Act or as soon thereafter as practical, those powers, duties, rights, responsibilities, and functions of the Office of Energy and Recycling under the Department of Commerce and Economic Opportunity that are referenced in this Act are transferred to the Environmental Protection Agency as provided in this Act. All of the general powers reasonably necessary and convenient to implement and administer those functions of the Office of Energy and Recycling transferred by this Act are vested in and shall be exercised by the Environmental Protection Agency.
(Source: P.A. 102-444, eff. 8-20-21.)
(15 ILCS 17/15)
Sec. 15. Functions not transferred. The functions associated with the Office of Energy and Recycling that are transferred to the Environmental Protection Agency under Section 10 do not include any one or more of the following:
- (1) electric energy efficiency programs administered by the Department of Commerce and Economic Opportunity under Section 8-103 of the Public Utilities Act;
- (2) natural gas efficiency programs administered by the Department of Commerce and Economic Opportunity under Section 8-104 of the Public Utilities Act; or
- (3) any functions of the Office of Energy and Recycling not transferred to the Environmental Protection Agency by this Act.
(Source: P.A. 102-444, eff. 8-20-21.)
(15 ILCS 17/20)
Sec. 20. Representation on boards or other entities. With respect to the Department of Commerce and Economic Opportunity, the transfers under this Act shall not affect:
- (1) the composition of any multi-member board, commission, or authority, unless otherwise provided in this Act;
- (2) the manner in which any official is appointed, except that when any provision of an Executive Order or Act provides for the membership of the Department of Commerce and Economic Opportunity on any council, commission, board, or other entity in relation to any function of the Office of Energy and Recycling transferred to the Environmental Protection Agency under this Act, the Director of the Environmental Protection Agency or his or her designee shall serve in that place; if more than one such person is required by law to serve on any council, commission, board, or other entity, then an equivalent number of representatives of the Environmental Protection Agency shall so serve;
- (3) whether the nomination or appointment of any official is subject to the advice and consent of the Senate;
- (4) any eligibility or qualification requirements pertaining to service as an official; or
- (5) the service or term of any incumbent official serving as of the effective date of this Act.
(Source: P.A. 102-444, eff. 8-20-21.)
(15 ILCS 17/25)
Sec. 25. Personnel transferred. Personnel and positions within the Department of Commerce and Economic Opportunity that are engaged in the performance of functions of the Office of Energy and Recycling transferred to the Environmental Protection Agency under this Act are transferred to and shall continue their service within the Environmental Protection Agency. The status and rights of those employees under the Personnel Code shall not be affected by this Act. The rights of the employees and the State of Illinois and its agencies under the Personnel Code and applicable collective bargaining agreements or under any pension, retirement, or annuity plan shall not be affected by this Act.
(Source: P.A. 102-444, eff. 8-20-21.)
(15 ILCS 17/30)
Sec. 30. Books and records transferred. All books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business, pertaining to the powers, duties, rights, and responsibilities transferred to the Environmental Protection Agency under this Act, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred to the Environmental Protection Agency.
(Source: P.A. 102-444, eff. 8-20-21.)
(15 ILCS 17/35)
Sec. 35. Successor agency; unexpended moneys transferred. With respect to the functions of the Office of Energy and Recycling transferred under this Act, the Environmental Protection Agency is the successor agency to the Department of Commerce and Economic Opportunity under the Successor Agency Act and Section 9b of the State Finance Act. All unexpended appropriations and balances and other funds available for use by the Office of Energy and Recycling shall, pursuant to the direction of the Governor, be transferred for use by the Environmental Protection Agency in accordance with this Act. Unexpended balances so transferred shall be expended by the Environmental Protection Agency only for the purpose for which the appropriations were originally made.
(Source: P.A. 102-444, eff. 8-20-21.)
(15 ILCS 17/40)
Sec. 40. Reports, notices, or papers. Whenever reports or notices are required to be made or given or papers or documents furnished or served by any person to or upon the Department of Commerce and Economic Opportunity in connection with any of the powers, duties, rights, or responsibilities transferred by this Act to the Environmental Protection Agency, the same shall instead be made, given, furnished, or served in the same manner to or upon the Environmental Protection Agency.
(Source: P.A. 102-444, eff. 8-20-21.)
(15 ILCS 17/45)
Sec. 45. Rules.
(a) Any rules that (1) relate to the functions of the Office of Energy and Recycling transferred to the Environmental Protection Agency by this Act, (2) are in full force on the effective date of this Act, and (3) have been duly adopted by the Department of Commerce and Economic Opportunity shall become the rules of the Environmental Protection Agency. This Act does not affect the legality of any such rules in the Illinois Administrative Code.
(b) Any proposed rule filed with the Secretary of State by the Department of Commerce and Economic Opportunity that pertains to the functions of the Office of Energy and Recycling transferred to the Environmental Protection Agency by this Act, and that is pending in the rulemaking process on the effective date of this Act shall be deemed to have been filed by the Environmental Protection Agency.
(c) On and after the effective date of this Act, the Environmental Protection Agency may propose and adopt, under the Illinois Administrative Procedure Act, other rules that relate to the functions of the Office of Energy and Recycling transferred to the Environmental Protection Agency by this Act.
(Source: P.A. 102-444, eff. 8-20-21.)
(15 ILCS 17/50)
Sec. 50. Rights, obligations, and duties unaffected by transfer. The transfer of powers, duties, rights, and responsibilities to the Environmental Protection Agency under this Act does not affect any person’s rights, obligations, or duties, including any civil or criminal penalties applicable thereto, arising out of those transferred powers, duties, rights, and responsibilities.
(Source: P.A. 102-444, eff. 8-20-21.)
(15 ILCS 17/55)
Sec. 55. Acts and actions unaffected by transfer.
(a) This Act does not affect any act done, ratified, or canceled, or any right accruing or established, before the effective date of Executive Order 3 (2017) in connection with any function of the Office of Energy and Recycling transferred under this Act.
This Act does not affect any action or proceeding had or commenced before the effective date of Executive Order 3 (2017) in an administrative, civil, or criminal cause regarding a function of the Office of Energy and Recycling transferred from the Department of Commerce and Economic Opportunity, but any such action or proceeding may be defended, prosecuted, or continued by the Environmental Protection Agency.
(Source: P.A. 102-444, eff. 8-20-21.)
(15 ILCS 17/60)
Sec. 60. Exercise of transferred powers; savings provisions. The powers, duties, rights, and responsibilities related to the functions of the Office of Energy and Recycling transferred under this Act are vested in and shall be exercised by the Environmental Protection Agency. Each act done in the exercise of those powers, duties, rights, and responsibilities shall have the same legal effect as if done by the Department of Commerce and Economic Opportunity or its divisions, officers, or employees.
(Source: P.A. 102-444, eff. 8-20-21.)
(15 ILCS 17/900)
Sec. 900. (Amendatory provisions; text omitted).
(Source: P.A. 102-444, eff. 8-20-21; text omitted.)
(15 ILCS 17/910)
Sec. 910. (Amendatory provisions; text omitted).
(Source: P.A. 102-444, eff. 8-20-21; text omitted.)
(15 ILCS 17/915)
Sec. 915. (Amendatory provisions; text omitted).
(Source: P.A. 102-444, eff. 8-20-21; text omitted.)
(15 ILCS 17/920)
Sec. 920. (Amendatory provisions; text omitted).
(Source: P.A. 102-444, eff. 8-20-21; text omitted.)
(15 ILCS 17/925)
Sec. 925. (Amendatory provisions; text omitted).
(Source: P.A. 102-444, eff. 8-20-21; text omitted.)
(15 ILCS 17/930)
Sec. 930. The Energy Conservation Act is amended by repealing Section 5.
(Source: P.A. 102-444, eff. 8-20-21.)
(15 ILCS 17/935)
Sec. 935. (Amendatory provisions; text omitted).
(Source: P.A. 102-444, eff. 8-20-21; text omitted.)
(15 ILCS 17/940)
Sec. 940. (Amendatory provisions; text omitted).
(Source: P.A. 102-444, eff. 8-20-21; text omitted.)
(15 ILCS 17/945)
Sec. 945. (Amendatory provisions; text omitted).
(Source: P.A. 102-444, eff. 8-20-21; text omitted.)
(15 ILCS 17/950)
Sec. 950. (Amendatory provisions; text omitted).
(Source: P.A. 102-444, eff. 8-20-21; text omitted.)
(15 ILCS 17/960)
Sec. 960. (Amendatory provisions; text omitted).
(Source: P.A. 102-444, eff. 8-20-21; text omitted.)
(15 ILCS 17/970)
Sec. 970. (Amendatory provisions; text omitted).
(Source: P.A. 102-444, eff. 8-20-21; text omitted.)
(15 ILCS 17/975)
Sec. 975. (Amendatory provisions; text omitted).
(Source: P.A. 102-444, eff. 8-20-21; text omitted.)
(15 ILCS 17/980)
Sec. 980. (Amendatory provisions; text omitted).
(Source: P.A. 102-444, eff. 8-20-21; text omitted.)
(15 ILCS 17/995)
Sec. 995. (Amendatory provisions; text omitted).
(Source: P.A. 102-444, eff. 8-20-21; text omitted.)
(15 ILCS 17/9995)
Sec. 9995. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.
(Source: P.A. 102-444, eff. 8-20-21.)
(15 ILCS 17/9997)
Sec. 9997. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 102-444, eff. 8-20-21.)
(15 ILCS 17/9999)
Sec. 9999. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 102-444, eff. 8-20-21.)