|
| | SB0265 Engrossed | | LRB102 15310 KTG 20666 b |
|
|
1 | | AN ACT concerning public aid.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Energy Assistance Act is amended by |
5 | | changing Sections 6, 13, and 18 and by adding Section 20 as |
6 | | follows:
|
7 | | (305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
|
8 | | Sec. 6. Eligibility, Conditions of Participation, and |
9 | | Energy Assistance.
|
10 | | (a) Any person who is a resident of the State of Illinois |
11 | | and whose
household income is not greater than an amount |
12 | | determined annually by the
Department, in consultation with |
13 | | the Policy Advisory Council, may
apply for assistance pursuant |
14 | | to this Act in accordance with regulations
promulgated by the |
15 | | Department. In setting the annual eligibility level, the
|
16 | | Department shall consider the amount of available funding and |
17 | | may not set a
limit higher than 150% of the federal nonfarm |
18 | | poverty level as established by
the federal Office of |
19 | | Management and Budget or 60% of the State median income for the |
20 | | current State fiscal year as established by the U.S. |
21 | | Department of Health and Human Services ; except that for the |
22 | | period from the effective date of this amendatory Act of the |
23 | | 101st General Assembly through June 30, 2021, the Department |
|
| | SB0265 Engrossed | - 2 - | LRB102 15310 KTG 20666 b |
|
|
1 | | may establish limits not higher than 200% of that poverty |
2 | | level. The Department, in consultation with the Policy |
3 | | Advisory Council, may adjust the percentage of poverty level |
4 | | annually in accordance with federal guidelines and based on |
5 | | funding availability.
|
6 | | (b) Applicants who qualify for assistance pursuant to |
7 | | subsection (a) of
this Section shall, subject to appropriation |
8 | | from the General Assembly and
subject to availability of funds |
9 | | to the Department, receive energy
assistance as provided by |
10 | | this Act. The Department, upon receipt
of monies authorized |
11 | | pursuant to this Act for energy assistance, shall commit
funds |
12 | | for each qualified applicant in an amount determined by the
|
13 | | Department. In determining the amounts of assistance to be |
14 | | provided to or
on behalf of a qualified applicant, the |
15 | | Department shall ensure that the
highest amounts of assistance |
16 | | go to households with the greatest energy
costs in relation to |
17 | | household income. The Department shall include
factors such as |
18 | | energy costs, household size, household income, and region
of |
19 | | the State when determining individual household benefits. In |
20 | | setting
assistance levels, the Department shall attempt to |
21 | | provide assistance to
approximately the same number of |
22 | | households who participated in the 1991
Residential Energy |
23 | | Assistance Partnership Program. Such assistance levels
shall |
24 | | be adjusted annually on the basis of funding
availability and |
25 | | energy costs. In promulgating rules for the
administration of |
26 | | this
Section the Department shall assure that a minimum of 1/3 |
|
| | SB0265 Engrossed | - 3 - | LRB102 15310 KTG 20666 b |
|
|
1 | | of funds
available for benefits to eligible households with |
2 | | the lowest incomes and that elderly households , households |
3 | | with children under the age of 6 years old, and households with |
4 | | persons with disabilities are offered a priority application
|
5 | | period.
|
6 | | (c) If the applicant is not a customer of record of an |
7 | | energy provider for
energy services or an applicant for such |
8 | | service, such applicant shall
receive a direct energy |
9 | | assistance payment in an amount established by the
Department |
10 | | for all such applicants under this Act; provided, however, |
11 | | that
such an applicant must have rental expenses for housing |
12 | | greater than 30% of
household income.
|
13 | | (c-1) This subsection shall apply only in cases where: (1) |
14 | | the applicant is not a customer of record of an energy provider |
15 | | because energy services are provided by the owner of the unit |
16 | | as a portion of the rent; (2) the applicant resides in housing |
17 | | subsidized or developed with funds provided under the Rental |
18 | | Housing Support Program Act or under a similar locally funded |
19 | | rent subsidy program, or is the voucher holder who resides in a |
20 | | rental unit within the State of Illinois and whose monthly |
21 | | rent is subsidized by the tenant-based Housing Choice Voucher |
22 | | Program under Section 8 of the U.S. Housing Act of 1937; and |
23 | | (3) the rental expenses for housing are no more than 30% of |
24 | | household income. In such cases, the household may apply for |
25 | | an energy assistance payment under this Act and the owner of |
26 | | the housing unit shall cooperate with the applicant by |
|
| | SB0265 Engrossed | - 4 - | LRB102 15310 KTG 20666 b |
|
|
1 | | providing documentation of the energy costs for that unit. Any |
2 | | compensation paid to the energy provider who supplied energy |
3 | | services to the household shall be paid on behalf of the owner |
4 | | of the housing unit providing energy services to the |
5 | | household. The Department shall report annually to the General |
6 | | Assembly on the number of households receiving energy |
7 | | assistance under this subsection and the cost of such |
8 | | assistance. The provisions of this subsection (c-1), other |
9 | | than this sentence, are inoperative after August 31, 2012. |
10 | | (d) If the applicant is a customer of an energy provider, |
11 | | such
applicant shall receive energy assistance in an amount |
12 | | established by the
Department for all such applicants under |
13 | | this Act, such amount to be paid
by the Department to the |
14 | | energy provider supplying winter energy service to
such |
15 | | applicant. Such applicant shall:
|
16 | | (i) make all reasonable efforts to apply to any other |
17 | | appropriate
source of public energy assistance; and
|
18 | | (ii) sign a waiver permitting the Department to |
19 | | receive income
information from any public or private |
20 | | agency providing income or energy
assistance and from any |
21 | | employer, whether public or private.
|
22 | | (e) Any qualified applicant pursuant to this Section may |
23 | | receive or have
paid on such applicant's behalf an emergency |
24 | | assistance payment to enable
such applicant to obtain access |
25 | | to winter energy services. Any such
payments shall be made in |
26 | | accordance with regulations of the Department.
|
|
| | SB0265 Engrossed | - 5 - | LRB102 15310 KTG 20666 b |
|
|
1 | | (f) The Department may, if sufficient funds are available, |
2 | | provide
additional benefits to certain qualified applicants:
|
3 | | (i) for the reduction of past due amounts owed to |
4 | | energy providers;
and
|
5 | | (ii) to assist the household in responding to |
6 | | excessively high summer
temperatures or energy costs. |
7 | | Households containing elderly members, children,
a person |
8 | | with a disability, or a person with a medical need for |
9 | | conditioned air
shall receive priority for receipt of such |
10 | | benefits.
|
11 | | (Source: P.A. 101-636, eff. 6-10-20.)
|
12 | | (305 ILCS 20/13)
|
13 | | (Section scheduled to be repealed on January 1, 2025) |
14 | | Sec. 13. Supplemental Low-Income Energy Assistance Fund.
|
15 | | (a) The Supplemental Low-Income Energy Assistance
Fund is |
16 | | hereby created as a special fund in the State
Treasury. |
17 | | Notwithstanding any other law to the contrary, the |
18 | | Supplemental Low-Income Energy Assistance Fund is not subject |
19 | | to sweeps, administrative charge-backs, or any other fiscal or |
20 | | budgetary maneuver that would in any way transfer any amounts |
21 | | from the Supplemental Low-Income Energy Assistance Fund into |
22 | | any other fund of the State. The Supplemental Low-Income |
23 | | Energy Assistance Fund
is authorized to receive moneys from |
24 | | voluntary donations from individuals, foundations, |
25 | | corporations, and other sources, moneys received pursuant to |
|
| | SB0265 Engrossed | - 6 - | LRB102 15310 KTG 20666 b |
|
|
1 | | Section 17, and, by statutory deposit, the moneys
collected |
2 | | pursuant to this Section. The Fund is also authorized to |
3 | | receive voluntary donations from individuals, foundations, |
4 | | corporations, and other sources. Subject to appropriation,
the |
5 | | Department shall use
moneys from the Supplemental Low-Income |
6 | | Energy Assistance Fund
for payments to electric or gas public |
7 | | utilities,
municipal electric or gas utilities, and electric |
8 | | cooperatives
on behalf of their customers who are participants |
9 | | in the
program authorized by Sections 4 and 18 of this Act, for |
10 | | the provision of
weatherization services and for
|
11 | | administration of the Supplemental Low-Income Energy
|
12 | | Assistance Fund. All other deposits outside of the Energy |
13 | | Assistance Charge as set forth in subsection (b) are not |
14 | | subject to the percentage restrictions related to |
15 | | administrative and weatherization expenses provided in this |
16 | | subsection. The yearly expenditures for weatherization may not |
17 | | exceed 10%
of the amount collected during the year pursuant to |
18 | | this Section , except when unspent funds from the Supplemental |
19 | | Low-Income Energy Assistance Fund are reallocated from a |
20 | | previous year; any unspent balance of the 10% weatherization |
21 | | allowance may be utilized for weatherization expenses in the |
22 | | year they are reallocated . The yearly administrative expenses |
23 | | of the
Supplemental Low-Income Energy Assistance Fund may not |
24 | | exceed
13% 10% of the amount collected during that year
|
25 | | pursuant to this Section, except when unspent funds from the |
26 | | Supplemental Low-Income Energy Assistance Fund are reallocated |
|
| | SB0265 Engrossed | - 7 - | LRB102 15310 KTG 20666 b |
|
|
1 | | from a previous year; any unspent balance of the 13% 10% |
2 | | administrative allowance may be utilized for administrative |
3 | | expenses in the year they are reallocated. Of the 13% |
4 | | administrative allowance, no less than 8% shall be provided to |
5 | | Local Administrative Agencies for administrative expenses.
|
6 | | (b) Notwithstanding the provisions of Section 16-111
of |
7 | | the Public Utilities Act but subject to subsection (k) of this |
8 | | Section,
each public utility, electric
cooperative, as defined |
9 | | in Section 3.4 of the Electric Supplier Act,
and municipal |
10 | | utility, as referenced in Section 3-105 of the Public |
11 | | Utilities
Act, that is engaged in the delivery of electricity |
12 | | or the
distribution of natural gas within the State of |
13 | | Illinois
shall, effective January 1, 2022 effective January 1, |
14 | | 1998 ,
assess each of
its customer accounts a monthly Energy |
15 | | Assistance Charge for
the Supplemental Low-Income Energy |
16 | | Assistance Fund.
The delivering public utility, municipal |
17 | | electric or gas utility, or electric
or gas
cooperative for a |
18 | | self-assessing purchaser remains subject to the collection of
|
19 | | the
fee imposed by this Section.
The
monthly charge shall be as |
20 | | follows:
|
21 | | (1) Base Energy Assistance Charge per month on each
|
22 | | account for residential electrical service; |
23 | | (2) Base Energy Assistance Charge per month on each
|
24 | | account for residential gas service; |
25 | | (3) Ten times the Base Energy Assistance Charge per
|
26 | | month on each account for non-residential electric
service |
|
| | SB0265 Engrossed | - 8 - | LRB102 15310 KTG 20666 b |
|
|
1 | | which had less than 10 megawatts of peak
demand during the |
2 | | previous calendar year; |
3 | | (4) Ten times the Base Energy Assistance Charge per
|
4 | | month on each account for non-residential gas
service |
5 | | which had distributed to it less than
4,000,000 therms of |
6 | | gas during the previous
calendar year; |
7 | | (5) Three hundred and seventy-five times the Base
|
8 | | Energy Assistance Charge per month on each account
for |
9 | | non-residential electric service which had 10
megawatts or |
10 | | greater of peak demand during the
previous calendar year; |
11 | | and |
12 | | (6) Three hundred and seventy-five times the Base
|
13 | | Energy Assistance Charge per month on each account
for |
14 | | non-residential gas service which had
4,000,000 or more |
15 | | therms of gas distributed to it
during the previous |
16 | | calendar year. |
17 | | The Base Energy Assistance Charge shall be $0.48
per month |
18 | | for the calendar year beginning January
1, 2022 and shall |
19 | | increase by $0.16 per month for
any calendar year, provided no |
20 | | less than 80% of the
previous State fiscal year's available
|
21 | | Supplemental Low-Income Energy Assistance Fund
funding was |
22 | | exhausted. The maximum Base Energy
Assistance Charge shall not |
23 | | exceed $0.96 per month
for any calendar year. |
24 | | (1) $0.48 per month on each account for
residential |
25 | | electric service;
|
26 | | (2) $0.48 per month on each account for
residential |
|
| | SB0265 Engrossed | - 9 - | LRB102 15310 KTG 20666 b |
|
|
1 | | gas service;
|
2 | | (3) $4.80 per month on each account for |
3 | | non-residential electric service
which had less than 10 |
4 | | megawatts
of peak demand during the previous calendar |
5 | | year;
|
6 | | (4) $4.80 per month on each account for |
7 | | non-residential gas service which
had distributed to it |
8 | | less than
4,000,000 therms of gas during the previous |
9 | | calendar year;
|
10 | | (5) $360 per month on each account for non-residential |
11 | | electric service
which had 10 megawatts or greater
of peak |
12 | | demand during the previous calendar year; and
|
13 | | (6) $360 per month on each account for non-residential |
14 | | gas service
which had 4,000,000 or more therms of
gas |
15 | | distributed to it during the previous calendar year. |
16 | | The incremental change to such charges imposed by Public |
17 | | Act 99-933 and this amendatory Act of the 102nd General |
18 | | Assembly this amendatory Act of the 96th General Assembly |
19 | | shall not (i) be used for any purpose other than to directly |
20 | | assist customers and (ii) be applicable to utilities serving |
21 | | less than 25,000 100,000 customers in Illinois on January 1, |
22 | | 2021 2009 . The incremental change to such charges imposed by |
23 | | this amendatory Act of the 102nd General Assembly are intended |
24 | | to increase utilization of the Percentage of Income Payment |
25 | | Plan (PIPP or PIP Plan) and shall be applied such that PIP Plan |
26 | | enrollment is at least doubled, as compared to 2020 |
|
| | SB0265 Engrossed | - 10 - | LRB102 15310 KTG 20666 b |
|
|
1 | | enrollment, by 2024. |
2 | | In addition, electric and gas utilities have committed, |
3 | | and shall contribute, a one-time payment of $22 million to the |
4 | | Fund, within 10 days after the effective date of the tariffs |
5 | | established pursuant to Sections 16-111.8 and 19-145 of the |
6 | | Public Utilities Act to be used for the Department's cost of |
7 | | implementing the programs described in Section 18 of this |
8 | | amendatory Act of the 96th General Assembly, the Arrearage |
9 | | Reduction Program described in Section 18, and the programs |
10 | | described in Section 8-105 of the Public Utilities Act. If a |
11 | | utility elects not to file a rider within 90 days after the |
12 | | effective date of this amendatory Act of the 96th General |
13 | | Assembly, then the contribution from such utility shall be |
14 | | made no later than February 1, 2010.
|
15 | | (c) For purposes of this Section:
|
16 | | (1) "residential electric service" means
electric |
17 | | utility service for household purposes delivered to a
|
18 | | dwelling of 2 or fewer units which is billed under a
|
19 | | residential rate, or electric utility service for |
20 | | household
purposes delivered to a dwelling unit or units |
21 | | which is billed
under a residential rate and is registered |
22 | | by a separate meter
for each dwelling unit;
|
23 | | (2) "residential gas service" means gas utility
|
24 | | service for household purposes distributed to a dwelling |
25 | | of
2 or fewer units which is billed under a residential |
26 | | rate,
or gas utility service for household purposes |
|
| | SB0265 Engrossed | - 11 - | LRB102 15310 KTG 20666 b |
|
|
1 | | distributed to a
dwelling unit or units which is billed |
2 | | under a residential
rate and is registered by a separate |
3 | | meter for each dwelling
unit;
|
4 | | (3) "non-residential electric service" means
electric |
5 | | utility service which is not residential electric
service; |
6 | | and
|
7 | | (4) "non-residential gas service" means gas
utility |
8 | | service which is not residential gas service.
|
9 | | (d) Within 30 days after the effective date of this |
10 | | amendatory Act of the 96th General Assembly, each public
|
11 | | utility engaged in the delivery of electricity or the
|
12 | | distribution of natural gas shall file with the Illinois
|
13 | | Commerce Commission tariffs incorporating the Energy
|
14 | | Assistance Charge in other charges stated in such tariffs, |
15 | | which shall become effective no later than the beginning of |
16 | | the first billing cycle following such filing.
|
17 | | (e) The Energy Assistance Charge assessed by
electric and |
18 | | gas public utilities shall be considered a charge
for public |
19 | | utility service.
|
20 | | (f) By the 20th day of the month following the month in |
21 | | which the charges
imposed by the Section were collected, each |
22 | | public
utility,
municipal utility, and electric cooperative |
23 | | shall remit to the
Department of Revenue all moneys received |
24 | | as payment of the
Energy Assistance Charge on a return |
25 | | prescribed and furnished by the
Department of Revenue showing |
26 | | such information as the Department of Revenue may
reasonably |
|
| | SB0265 Engrossed | - 12 - | LRB102 15310 KTG 20666 b |
|
|
1 | | require; provided, however, that a utility offering an |
2 | | Arrearage Reduction Program or Supplemental Arrearage |
3 | | Reduction Program pursuant to Section 18 of this Act shall be |
4 | | entitled to net those amounts necessary to fund and recover |
5 | | the costs of such Programs as authorized by that Section that |
6 | | is no more than the incremental change in such Energy |
7 | | Assistance Charge authorized by Public Act 96-33. If a |
8 | | customer makes a partial payment, a public
utility, municipal
|
9 | | utility, or electric cooperative may elect either: (i) to |
10 | | apply
such partial payments first to amounts owed to the
|
11 | | utility or cooperative for its services and then to payment
|
12 | | for the Energy Assistance Charge or (ii) to apply such partial |
13 | | payments
on a pro-rata basis between amounts owed to the
|
14 | | utility or cooperative for its services and to payment for the
|
15 | | Energy Assistance Charge.
|
16 | | If any payment provided for in this Section exceeds the |
17 | | distributor's liabilities under this Act, as shown on an |
18 | | original return, the Department may authorize the distributor |
19 | | to credit such excess payment against liability subsequently |
20 | | to be remitted to the Department under this Act, in accordance |
21 | | with reasonable rules adopted by the Department. If the |
22 | | Department subsequently determines that all or any part of the |
23 | | credit taken was not actually due to the distributor, the |
24 | | distributor's discount shall be reduced by an amount equal to |
25 | | the difference between the discount as applied to the credit |
26 | | taken and that actually due, and that distributor shall be |
|
| | SB0265 Engrossed | - 13 - | LRB102 15310 KTG 20666 b |
|
|
1 | | liable for penalties and interest on such difference. |
2 | | (g) The Department of Revenue shall deposit into the
|
3 | | Supplemental Low-Income Energy Assistance Fund all moneys
|
4 | | remitted to it in accordance with subsection (f) of this
|
5 | | Section . ; provided, however, that the amounts remitted by |
6 | | each utility shall be used to provide assistance to that |
7 | | utility's customers. The utilities shall coordinate with the |
8 | | Department to establish an equitable and practical methodology |
9 | | for implementing this subsection (g) beginning with the 2010 |
10 | | program year.
|
11 | | (h) On or before December 31, 2002, the Department shall
|
12 | | prepare a report for the General Assembly on the expenditure |
13 | | of funds
appropriated from the Low-Income Energy Assistance |
14 | | Block Grant Fund for the
program authorized under Section 4 of |
15 | | this Act.
|
16 | | (i) The Department of Revenue may establish such
rules as |
17 | | it deems necessary to implement this Section.
|
18 | | (j) The Department of Commerce and Economic Opportunity
|
19 | | may establish such rules as it deems necessary to implement
|
20 | | this Section.
|
21 | | (k) The charges imposed by this Section shall only apply |
22 | | to customers of
municipal electric or gas utilities and |
23 | | electric or gas cooperatives if
the municipal
electric or gas
|
24 | | utility or electric or gas cooperative makes an affirmative |
25 | | decision to
impose the
charge. If a municipal electric or gas |
26 | | utility or an electric
cooperative makes an affirmative |
|
| | SB0265 Engrossed | - 14 - | LRB102 15310 KTG 20666 b |
|
|
1 | | decision to impose the charge provided by
this
Section, the |
2 | | municipal electric or gas utility or electric cooperative |
3 | | shall
inform the
Department of Revenue in writing of such |
4 | | decision when it begins to impose the
charge. If a municipal |
5 | | electric or gas utility or electric or gas
cooperative does |
6 | | not
assess
this charge, the Department may not use funds from |
7 | | the Supplemental Low-Income
Energy Assistance Fund to provide |
8 | | benefits to its customers under the program
authorized by |
9 | | Section 4 of this Act.
|
10 | | In its use of federal funds under this Act, the Department |
11 | | may not cause a
disproportionate share of those federal funds |
12 | | to benefit customers of systems
which do not assess the charge |
13 | | provided by this Section.
|
14 | | This Section is repealed on January 1, 2025
unless
renewed |
15 | | by action of the General Assembly.
|
16 | | (Source: P.A. 99-457, eff. 1-1-16; 99-906, eff. 6-1-17; |
17 | | 99-933, eff. 1-27-17; 100-863, eff. 8-14-18; 100-1171, eff. |
18 | | 1-4-19.)
|
19 | | (305 ILCS 20/18) |
20 | | Sec. 18. Financial assistance; payment plans. |
21 | | (a) The Percentage of Income Payment Plan (PIPP or PIP |
22 | | Plan) is hereby created as a mandatory bill payment assistance |
23 | | program for low-income residential customers of utilities |
24 | | serving more than 100,000 retail customers as of January 1, |
25 | | 2021 2009 . The PIP Plan will: |
|
| | SB0265 Engrossed | - 15 - | LRB102 15310 KTG 20666 b |
|
|
1 | | (1) bring participants' gas and electric bills into |
2 | | the range of affordability; |
3 | | (2) provide incentives for participants to make timely |
4 | | payments; |
5 | | (3) encourage participants to reduce usage and |
6 | | participate in conservation and energy efficiency measures |
7 | | that reduce the customer's bill and payment requirements; |
8 | | and |
9 | | (4) identify participants whose homes are most in need |
10 | | of weatherization ; and . |
11 | | (5) endeavor to maximize participation and spend at |
12 | | least 80% of the funding available for the year. |
13 | | (b) For purposes of this Section: |
14 | | (1) "LIHEAP" means the energy assistance program |
15 | | established under the Illinois Energy Assistance Act and |
16 | | the Low-Income Home Energy Assistance Act of 1981. |
17 | | (2) "Plan participant" is an eligible participant who |
18 | | is also eligible for the PIPP and who will receive either a |
19 | | percentage of income payment credit under the PIPP |
20 | | criteria set forth in this Act or a benefit pursuant to |
21 | | Section 4 of this Act. Plan participants are a subset of |
22 | | eligible participants. |
23 | | (3) "Pre-program arrears" means the amount a plan |
24 | | participant owes for gas or electric service at the time |
25 | | the participant is determined to be eligible for the PIPP |
26 | | or the program set forth in Section 4 of this Act. |
|
| | SB0265 Engrossed | - 16 - | LRB102 15310 KTG 20666 b |
|
|
1 | | (4) "Eligible participant" means any person who has |
2 | | applied for, been accepted and is receiving residential |
3 | | service from a gas or electric utility and who is also |
4 | | eligible for LIHEAP or otherwise satisfies the eligibility |
5 | | criteria set forth in paragraph (1) of subsection (c) . |
6 | | (c) The PIP Plan shall be administered as follows: |
7 | | (1) The Department shall coordinate with Local |
8 | | Administrative Agencies (LAAs), to determine eligibility |
9 | | for the Illinois Low Income Home Energy Assistance Program |
10 | | (LIHEAP) pursuant to the Energy Assistance Act, provided |
11 | | that eligible income shall be no more than 150% of the |
12 | | poverty level or 60% of the State median income , except |
13 | | that for the period from the effective date of this |
14 | | amendatory Act of the 101st General Assembly through June |
15 | | 30, 2021, eligible income shall be no more than 200% of the |
16 | | poverty level. Applicants will be screened to determine |
17 | | whether the applicant's projected payments for electric |
18 | | service or natural gas service over a 12-month period |
19 | | exceed the criteria established in this Section. The |
20 | | Department, in consultation with the Policy Advisory |
21 | | Council, may adjust the percentage of poverty level |
22 | | annually to determine income eligibility. To maintain the |
23 | | financial integrity of the program, the Department may |
24 | | limit eligibility to households with income below 125% of |
25 | | the poverty level. |
26 | | (2) The Department shall establish the percentage of |
|
| | SB0265 Engrossed | - 17 - | LRB102 15310 KTG 20666 b |
|
|
1 | | income formula to determine the amount of a monthly credit |
2 | | for participants with eligible income based on poverty |
3 | | level. , not to exceed $150 per month per household, not to |
4 | | exceed $1,800 annually; however, for the period from the |
5 | | effective date of this amendatory Act of the 101st General |
6 | | Assembly through June 30, 2021, the monthly credit for |
7 | | participants with eligible income over 100% of the poverty |
8 | | level may be as much as $200 per month per household, not |
9 | | to exceed $2,400 annually, and, the monthly credit for |
10 | | participants with eligible income 100% or less of the |
11 | | poverty level may be as much as $250 per month per |
12 | | household, not to exceed $3,000 annually. Credits will be |
13 | | applied to PIP Plan participants' utility bills based on |
14 | | the portion of the bill that is the responsibility of the |
15 | | participant provided that the percentage shall be no more |
16 | | than a total of 6% of the relevant income for gas and |
17 | | electric utility bills combined, but in any event no less |
18 | | than $10 per month, unless the household does not pay |
19 | | directly for heat, in which case its payment shall be 2.4% |
20 | | of income but in any event no less than $5 per month. The |
21 | | Department , in consultation with the Policy Advisory |
22 | | Council, may adjust such monthly credit amounts annually |
23 | | and may establish a minimum credit amount based on the |
24 | | cost of administering the program and may deny credits to |
25 | | otherwise eligible participants if the cost of |
26 | | administering the credit exceeds the actual amount of any |
|
| | SB0265 Engrossed | - 18 - | LRB102 15310 KTG 20666 b |
|
|
1 | | monthly credit to a participant. If the participant takes |
2 | | both gas and electric service, 50% 66.67% of the credit |
3 | | shall be allocated to the entity that provides the |
4 | | participant's primary energy supply for heating. Each |
5 | | participant shall enter into a levelized payment plan for, |
6 | | as applicable, gas and electric service and such plans |
7 | | shall be implemented by the utility so that a |
8 | | participant's usage and required payments are reviewed and |
9 | | adjusted regularly, but no more frequently than quarterly.
|
10 | | Nothing in this Section is intended to prohibit a |
11 | | customer, who is otherwise eligible for LIHEAP, from |
12 | | participating in the program described in Section 4 of |
13 | | this Act. Eligible participants who receive such a benefit |
14 | | shall be considered plan participants and shall be |
15 | | eligible to participate in the Arrearage Reduction Program |
16 | | described in item (5) of this subsection (c). |
17 | | (3) The Department shall remit, through the LAAs, to |
18 | | the utility or participating alternative supplier that |
19 | | portion of the plan participant's bill that is not the |
20 | | responsibility of the participant. In the event that the |
21 | | Department fails to timely remit payment to the utility, |
22 | | the utility shall be entitled to recover all costs related |
23 | | to such nonpayment through the automatic adjustment clause |
24 | | tariffs established pursuant to Section 16-111.8 and |
25 | | Section 19-145 of the Public Utilities Act. For purposes |
26 | | of this item (3) of this subsection (c), payment is due on |
|
| | SB0265 Engrossed | - 19 - | LRB102 15310 KTG 20666 b |
|
|
1 | | the date specified on the participant's bill. The |
2 | | Department, the Department of Revenue and LAAs shall adopt |
3 | | processes that provide for the timely payment required by |
4 | | this item (3) of this subsection (c). |
5 | | (4) A plan participant is responsible for all actual |
6 | | charges for utility service in excess of the PIPP credit. |
7 | | Pre-program arrears that are included in the Arrearage |
8 | | Reduction Program described in item (5) of this subsection |
9 | | (c) shall not be included in the calculation of the |
10 | | levelized payment plan. Emergency or crisis assistance |
11 | | payments shall not affect the amount of any PIPP credit to |
12 | | which a participant is entitled. |
13 | | (5) Electric and gas utilities subject to this Section |
14 | | shall implement an Arrearage Reduction Program (ARP) for |
15 | | plan participants as follows: for each month that a plan |
16 | | participant timely pays his or her utility bill, the |
17 | | utility shall apply a credit to a portion of the |
18 | | participant's pre-program arrears, if any, equal to |
19 | | one-twelfth of such arrearage provided that the total |
20 | | amount of arrearage credits shall equal no more than |
21 | | $1,000 annually for each participant for gas and no more |
22 | | than $1,000 annually for each participant for electricity. |
23 | | In the third year of the PIPP, the Department, in |
24 | | consultation with the Policy Advisory Council established |
25 | | pursuant to Section 5 of this Act, shall determine by rule |
26 | | an appropriate per participant total cap on such amounts, |
|
| | SB0265 Engrossed | - 20 - | LRB102 15310 KTG 20666 b |
|
|
1 | | if any. Those plan participants participating in the ARP |
2 | | shall not be subject to the imposition of any additional |
3 | | late payment fees on pre-program arrears covered by the |
4 | | ARP. In all other respects, the utility shall bill and |
5 | | collect the monthly bill of a plan participant pursuant to |
6 | | the same rules, regulations, programs and policies as |
7 | | applicable to residential customers generally. |
8 | | Participation in the Arrearage Reduction Program shall be |
9 | | limited to the maximum amount of funds available as set |
10 | | forth in subsection (f) of Section 13 of this Act. In the |
11 | | event any donated funds under Section 13 of this Act are |
12 | | specifically designated for the purpose of funding the |
13 | | ARP, the Department shall remit such amounts to the |
14 | | utilities upon verification that such funds are needed to |
15 | | fund the ARP. Nothing in this Section shall preclude a |
16 | | utility from continuing to implement, and apply credits |
17 | | under, an ARP in the event that the PIPP or LIHEAP is |
18 | | suspended due to lack of funding such that the plan |
19 | | participant does not receive a benefit under either the |
20 | | PIPP or LIHEAP. |
21 | | (5.5) In addition to the ARP described in paragraph |
22 | | (5) of this subsection (c), utilities may also implement a |
23 | | Supplemental Arrearage Reduction Program (SARP) for |
24 | | eligible participants who are not able to become plan |
25 | | participants due to PIPP timing or funding constraints. If |
26 | | a utility elects to implement a SARP, it shall be |
|
| | SB0265 Engrossed | - 21 - | LRB102 15310 KTG 20666 b |
|
|
1 | | administered as follows: for each month that a SARP |
2 | | participant timely pays his or her utility bill, the |
3 | | utility shall apply a credit to a portion of the |
4 | | participant's pre-program arrears, if any, equal to |
5 | | one-twelfth of such arrearage, provided that the utility |
6 | | may limit the total amount of arrearage credits to no more |
7 | | than $1,000 annually for each participant for gas and no |
8 | | more than $1,000 annually for each participant for |
9 | | electricity. SARP participants shall not be subject to the |
10 | | imposition of any additional late payment fees on |
11 | | pre-program arrears covered by the SARP. In all other |
12 | | respects, the utility shall bill and collect the monthly |
13 | | bill of a SARP participant under the same rules, |
14 | | regulations, programs, and policies as applicable to |
15 | | residential customers generally. Participation in the SARP |
16 | | shall be limited to the maximum amount of funds available |
17 | | as set forth in subsection (f) of Section 13 of this Act. |
18 | | In the event any donated funds under Section 13 of this Act |
19 | | are specifically designated for the purpose of funding the |
20 | | SARP, the Department shall remit such amounts to the |
21 | | utilities upon verification that such funds are needed to |
22 | | fund the SARP. |
23 | | (6) The Department may terminate a plan participant's |
24 | | eligibility for the PIP Plan upon notification by the |
25 | | utility that the participant's monthly utility payment is |
26 | | more than 75 45 days past due. One-twelfth of a customer's |
|
| | SB0265 Engrossed | - 22 - | LRB102 15310 KTG 20666 b |
|
|
1 | | arrearage shall be deducted from the total arrearage owed |
2 | | for each on-time payment made by the customer. |
3 | | (7) The Department, in consultation with the Policy |
4 | | Advisory Council, may adjust the number of PIP Plan |
5 | | participants annually, if necessary, to match the |
6 | | availability of funds. Any plan participant who qualifies |
7 | | for a PIPP credit under a utility's PIPP shall be entitled |
8 | | to participate in and receive a credit under such |
9 | | utility's ARP for so long as such utility has ARP funds |
10 | | available, regardless of whether the customer's |
11 | | participation under another utility's PIPP or ARP has been |
12 | | curtailed or limited because of a lack of funds. |
13 | | (8) The Department shall fully implement the PIPP at |
14 | | the earliest possible date it is able to effectively |
15 | | administer the PIPP. Within 90 days of the effective date |
16 | | of this amendatory Act of the 96th General Assembly, the |
17 | | Department shall, in consultation with utility companies, |
18 | | participating alternative suppliers, LAAs and the Illinois |
19 | | Commerce Commission (Commission), issue a detailed |
20 | | implementation plan which shall include detailed testing |
21 | | protocols and analysis of the capacity for implementation |
22 | | by the LAAs and utilities. Such consultation process also |
23 | | shall address how to implement the PIPP in the most |
24 | | cost-effective and timely manner, and shall identify |
25 | | opportunities for relying on the expertise of utilities, |
26 | | LAAs and the Commission. Following the implementation of |
|
| | SB0265 Engrossed | - 23 - | LRB102 15310 KTG 20666 b |
|
|
1 | | the testing protocols, the Department shall issue a |
2 | | written report on the feasibility of full or gradual |
3 | | implementation. The PIPP shall be fully implemented by |
4 | | September 1, 2011, but may be phased in prior to that date. |
5 | | (9) As part of the screening process established under |
6 | | item (1) of this subsection (c), the Department and LAAs |
7 | | shall assess whether any energy efficiency or demand |
8 | | response measures are available to the plan participant at |
9 | | no cost, and if so, the participant shall enroll in any |
10 | | such program for which he or she is eligible. The LAAs |
11 | | shall assist the participant in the applicable enrollment |
12 | | or application process. |
13 | | (10) Each alternative retail electric and gas supplier |
14 | | serving residential customers shall elect whether to |
15 | | participate in the PIPP or ARP described in this Section. |
16 | | Any such supplier electing to participate in the PIPP |
17 | | shall provide to the Department such information as the |
18 | | Department may require, including, without limitation, |
19 | | information sufficient for the Department to determine the |
20 | | proportionate allocation of credits between the |
21 | | alternative supplier and the utility. If a utility in |
22 | | whose service territory an alternative supplier serves |
23 | | customers contributes money to the ARP fund which is not |
24 | | recovered from ratepayers, then an alternative supplier |
25 | | which participates in ARP in that utility's service |
26 | | territory shall also contribute to the ARP fund in an |
|
| | SB0265 Engrossed | - 24 - | LRB102 15310 KTG 20666 b |
|
|
1 | | amount that is commensurate with the number of alternative |
2 | | supplier customers who elect to participate in the |
3 | | program. |
4 | | (11) The PIPP shall be designed and implemented each |
5 | | year to maximize participation and spend at least 80% of |
6 | | the funding available for the year. |
7 | | (d) The Department, in consultation with the Policy |
8 | | Advisory Council, shall develop and implement a program to |
9 | | educate customers about the PIP Plan and about their rights |
10 | | and responsibilities under the percentage of income component. |
11 | | The Department, in consultation with the Policy Advisory |
12 | | Council, shall establish a process that LAAs shall use to |
13 | | contact customers in jeopardy of losing eligibility due to |
14 | | late payments. The Department shall ensure that LAAs are |
15 | | adequately funded to perform all necessary educational tasks. |
16 | | (e) The PIPP shall be administered in a manner which |
17 | | ensures that credits to plan participants will not be counted |
18 | | as income or as a resource in other means-tested assistance |
19 | | programs for low-income households or otherwise result in the |
20 | | loss of federal or State assistance dollars for low-income |
21 | | households. |
22 | | (f) In order to ensure that implementation costs are |
23 | | minimized, the Department and utilities shall work together to |
24 | | identify cost-effective ways to transfer information |
25 | | electronically and to employ available protocols that will |
26 | | minimize their respective administrative costs as follows: |
|
| | SB0265 Engrossed | - 25 - | LRB102 15310 KTG 20666 b |
|
|
1 | | (1) The Commission may require utilities to provide |
2 | | such information on customer usage and billing and payment |
3 | | information as required by the Department to implement the |
4 | | PIP Plan and to provide written notices and communications |
5 | | to plan participants. |
6 | | (2) Each utility and participating alternative |
7 | | supplier shall file annual reports with the Department and |
8 | | the Commission that cumulatively summarize and update |
9 | | program information as required by the Commission's rules. |
10 | | The reports shall track implementation costs and contain |
11 | | such information as is necessary to evaluate the success |
12 | | of the PIPP. |
13 | | (2.5) The Department shall annually prepare and submit |
14 | | a report to the General Assembly, the Commission, and the |
15 | | Policy Advisory Council that identifies the following |
16 | | amounts for the most recently completed year: total monies |
17 | | collected under subsection (b) of Section 13 of this Act |
18 | | for all PIPPs implemented in the State; monies allocated |
19 | | to each utility for implementation of its PIPP; and monies |
20 | | allocated to each utility for other purposes, including a |
21 | | description of each of those purposes. The Commission |
22 | | shall publish the report on its website. |
23 | | (3) The Department and the Commission shall have the |
24 | | authority to promulgate rules and regulations necessary to |
25 | | execute and administer the provisions of this Section. |
26 | | (g) Each utility shall be entitled to recover reasonable |
|
| | SB0265 Engrossed | - 26 - | LRB102 15310 KTG 20666 b |
|
|
1 | | administrative and operational costs incurred to comply with |
2 | | this Section from the Supplemental Low Income Energy |
3 | | Assistance Fund. The utility may net such costs against monies |
4 | | it would otherwise remit to the Funds, and each utility shall |
5 | | include in the annual report required under subsection (f) of |
6 | | this Section an accounting for the funds collected.
|
7 | | (Source: P.A. 101-636, eff. 6-10-20.) |
8 | | (305 ILCS 20/20 new) |
9 | | Sec. 20. Expanded eligibility. All programs pursuant to |
10 | | this Act shall be available to eligible low-income Illinois |
11 | | residents who qualify for assistance under Sections 6 and 18, |
12 | | regardless of immigration status, using the Supplemental |
13 | | Low-Income Energy Assistance Fund for customers of utilities |
14 | | and vendors that collect the Energy Assistance Charge and pay |
15 | | into the Supplemental Low-Income Energy Assistance Fund.
|