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Public Act 096-0154
Public Act 0154 96TH GENERAL ASSEMBLY
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Public Act 096-0154 |
HB0796 Enrolled |
LRB096 07879 JAM 17982 b |
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| AN ACT concerning energy assistance.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Economic Opportunity Act is amended | by changing Section 2 as follows:
| (20 ILCS 625/2) (from Ch. 127, par. 2602)
| Sec. 2. (a) The Director of Commerce and Economic | Opportunity is authorized to administer the federal community | services
block program, emergency community services homeless | grant program, low-income energy assistance program, | weatherization assistance program, supplemental low-income | energy assistance fund,
and other federal programs that require | or give preference to community
action agencies for local | administration in accordance with federal laws
and regulations | as amended. The Director shall provide financial assistance to
| community action agencies from community service block grant | funds and other
federal funds requiring or giving preference to | community action agencies for
local administration for the | programs described in Section 4. The Director of Healthcare and | Family Services is authorized to administer the federal | low-income home energy assistance program and weatherization
| assistance program in accordance with federal laws
and | regulations as amended.
|
| (b) Funds appropriated for use by community action agencies | in community
action programs shall be allocated annually to | existing community action
agencies or newly formed community | action agencies by the Department of
Commerce and Economic | Opportunity. Allocations will be made consistent with
duly | enacted departmental rules.
| (Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06.)
| Section 10. The Energy Assistance Act is amended by | changing Sections 3, 4, 6, 8, and 13 as follows:
| (305 ILCS 20/3) (from Ch. 111 2/3, par. 1403)
| Sec. 3. Definitions. As used in this Act, unless the | context
otherwise requires:
| (a) the terms defined in Sections 3-101 through 3-121 of
| The Public Utilities Act have the meanings ascribed to them in | that
Act;
| (b) "Department" means the Department of Commerce and | Economic Opportunity Healthcare and Family Services ;
| (c) "energy provider" means any utility, municipal | utility,
cooperative utility, or any other corporation or | individual which provides
winter energy services;
| (d) "winter" means the period from November 1 of any year | through April
30 of the following year.
| (Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06; | 95-331, eff. 8-21-07.)
|
| (305 ILCS 20/4) (from Ch. 111 2/3, par. 1404)
| Sec. 4. Energy Assistance Program.
| (a) The Department of Commerce and Economic Opportunity | Healthcare and Family Services is hereby authorized to | institute a program to
ensure
the availability and | affordability of heating and electric service to low
income | citizens. The Department shall implement the program by rule
| promulgated pursuant to the Illinois Administrative Procedure | Act.
The program shall be consistent
with the purposes and | objectives of this Act and with all other specific
requirements | provided herein. The Department may enter
into such contracts | and other agreements with local agencies as may be
necessary | for the purpose of administering the energy assistance program.
| (b)
Nothing in this Act shall be construed as altering or | limiting the
authority conferred on the Illinois Commerce | Commission by the Public
Utilities Act to regulate all aspects | of the provision of public utility
service, including but not | limited to the authority to make rules and
adjudicate disputes | between utilities and customers related to eligibility
for | utility service, deposits, payment practices, discontinuance | of
service, and the treatment of arrearages owing for | previously rendered
utility service.
| (c) The Department of Commerce and Economic Opportunity | Healthcare and Family Services is authorized to institute an | outreach program directed at low-income minority heads of |
| households and heads of households age 60 or older. The | Department shall implement the program through rules adopted | pursuant to the Illinois Administrative Procedure Act. The | program shall be consistent with the purposes and objectives of | this Act and with all other specific requirements set forth in | this subsection (c).
| (Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06; | 95-331, eff. 8-21-07; 95-532, eff. 8-28-07.)
| (305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
| Sec. 6. Eligibility, Conditions of Participation, and | Energy Assistance.
| (a) Any person who is a resident of the State of Illinois | and whose
household income is not greater than an amount | determined annually by the
Department, in consultation with the | Policy Advisory Council, may
apply for assistance pursuant to | this Act in accordance with regulations
promulgated by the | Department. In setting the annual eligibility level, the
| Department shall consider the amount of available funding and | may not set a
limit higher than 150% of the federal nonfarm | poverty level as established by
the federal Office of | Management and Budget ; except that for the period ending June | 30, 2012, or until the expenditure of federal resources | allocated for energy assistance programs by the American | Recovery and Reinvestment Act, whichever occurs first, the | Department may not establish limits higher than 200% of that |
| poverty level .
| (b) Applicants who qualify for assistance pursuant to | subsection (a) of
this Section shall, subject to appropriation | from the General Assembly and
subject to availability of funds | to the Department, receive energy
assistance as provided by | this Act. The Department, upon receipt
of monies authorized | pursuant to this Act for energy assistance, shall commit
funds | for each qualified applicant in an amount determined by the
| Department. In determining the amounts of assistance to be | provided to or
on behalf of a qualified applicant, the | Department shall ensure that the
highest amounts of assistance | go to households with the greatest energy
costs in relation to | household income. The Department shall include
factors such as | energy costs, household size, household income, and region
of | the State when determining individual household benefits. In | setting
assistance levels, the Department shall attempt to | provide assistance to
approximately the same number of | households who participated in the 1991
Residential Energy | Assistance Partnership Program. Such assistance levels
shall | be adjusted annually on the basis of funding
availability and | energy costs. In promulgating rules for the
administration of | this
Section the Department shall assure that a minimum of 1/3 | of funds
available for benefits to eligible households with the | lowest incomes and that elderly and
disabled households are | offered a priority application
period.
| (c) If the applicant is not a customer of an energy |
| provider for winter
energy services or an applicant for such | service, such applicant shall
receive a direct energy | assistance payment in an amount established by the
Department | for all such applicants under this Act; provided, however, that
| such an applicant must have rental expenses for housing greater | than 30% of
household income.
| (d) If the applicant is a customer of an energy provider, | such
applicant shall receive energy assistance in an amount | established by the
Department for all such applicants under | this Act, such amount to be paid
by the Department to the | energy provider supplying winter energy service to
such | applicant. Such applicant shall:
| (i) make all reasonable efforts to apply to any other | appropriate
source of public energy assistance; and
| (ii) sign a waiver permitting the Department to receive | income
information from any public or private agency | providing income or energy
assistance and from any | employer, whether public or private.
| (e) Any qualified applicant pursuant to this Section may | receive or have
paid on such applicant's behalf an emergency | assistance payment to enable
such applicant to obtain access to | winter energy services. Any such
payments shall be made in | accordance with regulations of the Department.
| (f) The Department may, if sufficient funds are available, | provide
additional benefits to certain qualified applicants:
| (i) for the reduction of past due amounts owed to |
| energy providers;
and
| (ii) to assist the household in responding to | excessively high summer
temperatures or energy costs. | Households containing elderly members, children,
a person | with a disability, or a person with a medical need for | conditioned air
shall receive priority for receipt of such | benefits.
| (Source: P.A. 91-936, eff. 1-10-01; 92-690, eff. 7-18-02.)
| (305 ILCS 20/8) (from Ch. 111 2/3, par. 1408)
| Sec. 8. Program Reports.
| (a) The Department of Natural Resources shall prepare and
| submit to the Governor and the General Assembly reports on | September 30
biennially, beginning in 2003,
evaluating the | effectiveness of the energy
assistance and weatherization | policies authorized by this Act. The first
report shall cover | such effects during the first winter during which the
program | authorized by this Act, is in operation, and successive reports
| shall cover effects since the issuance of the preceding report.
| (1) Reports issued pursuant to this Section shall be | limited to,
information concerning the effects of the | policies authorized by this Act
on (1) the ability of | eligible applicants to obtain and maintain adequate
and | affordable winter energy services and (2) changes in the | costs and
prices of winter energy services for people who | do not receive energy
assistance pursuant to this Act.
|
| (2) The Department of Natural Resources shall by | September
30, 2002, in consultation with the Policy | Advisory Council, determine the
kinds of numerical and | other information needed to conduct the evaluations
| required by this Section, and shall advise the Policy | Advisory
Council of such information needs in a timely | manner.
The Department of Commerce and Economic | Opportunity Healthcare and Family Services , the
Department | of Human Services, and the Illinois Commerce
Commission | shall each
provide such information as the Department of | Natural Resources
may require to ensure that the evaluation | reporting requirement established
by this Section can be | met.
| (b) On or before December 31, 2002, 2004, 2006, and 2007, | the Department
shall prepare a report for the General Assembly | on the expenditure of funds
appropriated for the programs | authorized under this Act.
| (c) On or before December 31 of each year in 2004, 2006, | and 2007, the
Department shall, in consultation with the | Council, prepare and submit
evaluation reports to the Governor | and the General Assembly outlining the
effects of the program | designed under this Act on the following as it relates
to the | propriety of continuing the program:
| (1) the definition of an eligible low income | residential
customer;
| (2) access of low income residential customers to |
| essential
energy services;
| (3) past due amounts owed to utilities by low income | persons in
Illinois;
| (4) appropriate measures to encourage energy | conservation,
efficiency, and responsibility among low | income residential customers;
| (5) the activities of the Department in the development | and
implementation of energy assistance and related | policies and programs,
which characterizes progress toward | meeting the objectives and
requirements of this Act, and | which recommends any statutory
changes which might be | needed to further such progress.
| (d) The Department shall by September 30, 2002 in | consultation with the
Council determine the kinds of numerical | and other information needed to
conduct the evaluations | required by this Section.
| (e) The Illinois Commerce Commission shall require each | public utility
providing heating or electric service to compile | and submit any numerical
and other information needed by the | Department of Natural
Resources to meet its reporting | obligations.
| (Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06; | 95-331, eff. 8-21-07.)
| (305 ILCS 20/13)
| (Section scheduled to be repealed on December 31, 2013) |
| Sec. 13. Supplemental Low-Income Energy Assistance Fund.
| (a) The Supplemental Low-Income Energy Assistance
Fund is | hereby created as a special fund in the State
Treasury. The | Supplemental Low-Income Energy Assistance Fund
is authorized | to receive moneys from voluntary donations from individuals, | foundations, corporations, and other sources, moneys received | pursuant to Section 17, and, by statutory deposit, the moneys
| collected pursuant to this Section. The Fund is also authorized | to receive voluntary donations from individuals, foundations, | corporations, and other sources, as well as contributions made | in accordance with Section 507MM of the Illinois Income Tax | Act. Subject to appropriation,
the Department shall use
moneys | from the Supplemental Low-Income Energy Assistance Fund
for | payments to electric or gas public utilities,
municipal | electric or gas utilities, and electric cooperatives
on behalf | of their customers who are participants in the
program | authorized by Section 4 of this Act, for the provision of
| weatherization services and for
administration of the | Supplemental Low-Income Energy
Assistance Fund. The yearly | expenditures for weatherization may not exceed 10%
of the | amount collected during the year pursuant to this Section. The | yearly administrative expenses of the
Supplemental Low-Income | Energy Assistance Fund may not exceed
10% of the amount | collected during that year
pursuant to this Section.
| (b) Notwithstanding the provisions of Section 16-111
of the | Public Utilities Act but subject to subsection (k) of this |
| Section,
each public utility, electric
cooperative, as defined | in Section 3.4 of the Electric Supplier Act,
and municipal | utility, as referenced in Section 3-105 of the Public Utilities
| Act, that is engaged in the delivery of electricity or the
| distribution of natural gas within the State of Illinois
shall, | effective January 1, 1998,
assess each of
its customer accounts | a monthly Energy Assistance Charge for
the Supplemental | Low-Income Energy Assistance Fund.
The delivering public | utility, municipal electric or gas utility, or electric
or gas
| cooperative for a self-assessing purchaser remains subject to | the collection of
the
fee imposed by this Section.
The
monthly | charge shall be as follows:
| (1) $0.40 per month on each account for
residential | electric service;
| (2) $0.40 per month on each account for
residential gas | service;
| (3) $4 per month on each account for non-residential | electric service
which had less than 10 megawatts
of peak | demand during the previous calendar year;
| (4) $4 per month on each account for non-residential | gas service which
had distributed to it less than
4,000,000 | therms of gas during the previous calendar year;
| (5) $300 per month on each account for non-residential | electric service
which had 10 megawatts or greater
of peak | demand during the previous calendar year; and
| (6) $300 per month on each account for non-residential |
| gas service
which had 4,000,000 or more therms of
gas | distributed to it during the previous calendar year.
| (c) For purposes of this Section:
| (1) "residential electric service" means
electric | utility service for household purposes delivered to a
| dwelling of 2 or fewer units which is billed under a
| residential rate, or electric utility service for | household
purposes delivered to a dwelling unit or units | which is billed
under a residential rate and is registered | by a separate meter
for each dwelling unit;
| (2) "residential gas service" means gas utility
| service for household purposes distributed to a dwelling of
| 2 or fewer units which is billed under a residential rate,
| or gas utility service for household purposes distributed | to a
dwelling unit or units which is billed under a | residential
rate and is registered by a separate meter for | each dwelling
unit;
| (3) "non-residential electric service" means
electric | utility service which is not residential electric
service; | and
| (4) "non-residential gas service" means gas
utility | service which is not residential gas service.
| (d) At least 45 days prior to the date on which it
must | begin assessing Energy Assistance Charges, each public
utility | engaged in the delivery of electricity or the
distribution of | natural gas shall file with the Illinois
Commerce Commission |
| tariffs incorporating the Energy
Assistance Charge in other | charges stated in such tariffs.
| (e) The Energy Assistance Charge assessed by
electric and | gas public utilities shall be considered a charge
for public | utility service.
| (f) By the 20th day of the month following the month in | which the charges
imposed by the Section were collected, each | public
utility,
municipal utility, and electric cooperative | shall remit to the
Department of Revenue all moneys received as | payment of the
Energy Assistance Charge on a return prescribed | and furnished by the
Department of Revenue showing such | information as the Department of Revenue may
reasonably | require. If a customer makes a partial payment, a public
| utility, municipal
utility, or electric cooperative may elect | either: (i) to apply
such partial payments first to amounts | owed to the
utility or cooperative for its services and then to | payment
for the Energy Assistance Charge or (ii) to apply such | partial payments
on a pro-rata basis between amounts owed to | the
utility or cooperative for its services and to payment for | the
Energy Assistance Charge.
| (g) The Department of Revenue shall deposit into the
| Supplemental Low-Income Energy Assistance Fund all moneys
| remitted to it in accordance with subsection (f) of this
| Section.
| (h) (Blank).
| On or before December 31, 2002, the Department shall
|
| prepare a report for the General Assembly on the expenditure of | funds
appropriated from the Low-Income Energy Assistance Block | Grant Fund for the
program authorized under Section 4 of this | Act.
| (i) The Department of Revenue may establish such
rules as | it deems necessary to implement this Section.
| (j) The Department of Commerce and Economic Opportunity | Healthcare and Family Services
may establish such rules as it | deems necessary to implement
this Section.
| (k) The charges imposed by this Section shall only apply to | customers of
municipal electric or gas utilities and electric | or gas cooperatives if
the municipal
electric or gas
utility or | electric or gas cooperative makes an affirmative decision to
| impose the
charge. If a municipal electric or gas utility or an | electric
cooperative makes an affirmative decision to impose | the charge provided by
this
Section, the municipal electric or | gas utility or electric cooperative shall
inform the
Department | of Revenue in writing of such decision when it begins to impose | the
charge. If a municipal electric or gas utility or electric | or gas
cooperative does not
assess
this charge, the Department | may not use funds from the Supplemental Low-Income
Energy | Assistance Fund to provide benefits to its customers under the | program
authorized by Section 4 of this Act.
| In its use of federal funds under this Act, the Department | may not cause a
disproportionate share of those federal funds | to benefit customers of systems
which do not assess the charge |
| provided by this Section.
| This Section is repealed effective December 31, 2013
unless
| renewed by action of the General Assembly. The General Assembly | shall
consider the results of the evaluations described in | Section 8 in its
deliberations.
| (Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06; | 94-817, eff. 5-30-06; 95-48, eff. 8-10-07; 95-331, eff. | 8-21-07.)
| Section 15. The Good Samaritan Energy Plan Act is amended | by changing Section 5 as follows:
| (305 ILCS 22/5)
| Sec. 5. Definitions. In this Act:
| "Department" means the Department of Commerce and Economic | Opportunity Healthcare and Family Services .
| "LIHEAP" means the energy assistance program established | under the Energy
Assistance Act.
| (Source: P.A. 94-773, eff. 5-18-06; 95-331, eff. 8-21-07.)
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Effective Date: 1/1/2010
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