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1 | AN ACT concerning energy assistance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Economic Opportunity Act is amended | ||||||||||||||||||||||||||||||||||||
5 | by changing Section 2 as follows:
| ||||||||||||||||||||||||||||||||||||
6 | (20 ILCS 625/2) (from Ch. 127, par. 2602)
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7 | Sec. 2. (a) The Director of Commerce and Economic | ||||||||||||||||||||||||||||||||||||
8 | Opportunity is authorized to administer the federal community | ||||||||||||||||||||||||||||||||||||
9 | services
block program, emergency community services homeless | ||||||||||||||||||||||||||||||||||||
10 | grant program, low-income energy assistance program, | ||||||||||||||||||||||||||||||||||||
11 | weatherization assistance program, supplemental low-income | ||||||||||||||||||||||||||||||||||||
12 | energy assistance fund,
and other federal programs that require | ||||||||||||||||||||||||||||||||||||
13 | or give preference to community
action agencies for local | ||||||||||||||||||||||||||||||||||||
14 | administration in accordance with federal laws
and regulations | ||||||||||||||||||||||||||||||||||||
15 | as amended. The Director shall provide financial assistance to
| ||||||||||||||||||||||||||||||||||||
16 | community action agencies from community service block grant | ||||||||||||||||||||||||||||||||||||
17 | funds and other
federal funds requiring or giving preference to | ||||||||||||||||||||||||||||||||||||
18 | community action agencies for
local administration for the | ||||||||||||||||||||||||||||||||||||
19 | programs described in Section 4. The Director of Healthcare and | ||||||||||||||||||||||||||||||||||||
20 | Family Services is authorized to administer the federal | ||||||||||||||||||||||||||||||||||||
21 | low-income home energy assistance program and weatherization
| ||||||||||||||||||||||||||||||||||||
22 | assistance program in accordance with federal laws
and | ||||||||||||||||||||||||||||||||||||
23 | regulations as amended.
|
| |||||||
| |||||||
1 | (b) Funds appropriated for use by community action agencies | ||||||
2 | in community
action programs shall be allocated annually to | ||||||
3 | existing community action
agencies or newly formed community | ||||||
4 | action agencies by the Department of
Commerce and Economic | ||||||
5 | Opportunity. Allocations will be made consistent with
duly | ||||||
6 | enacted departmental rules.
| ||||||
7 | (Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06.)
| ||||||
8 | Section 10. The Energy Assistance Act is amended by | ||||||
9 | changing Sections 3, 4, 6, 8, and 13 as follows:
| ||||||
10 | (305 ILCS 20/3) (from Ch. 111 2/3, par. 1403)
| ||||||
11 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
12 | context
otherwise requires:
| ||||||
13 | (a) the terms defined in Sections 3-101 through 3-121 of
| ||||||
14 | The Public Utilities Act have the meanings ascribed to them in | ||||||
15 | that
Act;
| ||||||
16 | (b) "Department" means the Department of Commerce and | ||||||
17 | Economic Opportunity Healthcare and Family Services ;
| ||||||
18 | (c) "energy provider" means any utility, municipal | ||||||
19 | utility,
cooperative utility, or any other corporation or | ||||||
20 | individual which provides
winter energy services;
| ||||||
21 | (d) "winter" means the period from November 1 of any year | ||||||
22 | through April
30 of the following year.
| ||||||
23 | (Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06; | ||||||
24 | 95-331, eff. 8-21-07.)
|
| |||||||
| |||||||
1 | (305 ILCS 20/4) (from Ch. 111 2/3, par. 1404)
| ||||||
2 | Sec. 4. Energy Assistance Program.
| ||||||
3 | (a) The Department of Commerce and Economic Opportunity | ||||||
4 | Healthcare and Family Services is hereby authorized to | ||||||
5 | institute a program to
ensure
the availability and | ||||||
6 | affordability of heating and electric service to low
income | ||||||
7 | citizens. The Department shall implement the program by rule
| ||||||
8 | promulgated pursuant to the Illinois Administrative Procedure | ||||||
9 | Act.
The program shall be consistent
with the purposes and | ||||||
10 | objectives of this Act and with all other specific
requirements | ||||||
11 | provided herein. The Department may enter
into such contracts | ||||||
12 | and other agreements with local agencies as may be
necessary | ||||||
13 | for the purpose of administering the energy assistance program.
| ||||||
14 | (b)
Nothing in this Act shall be construed as altering or | ||||||
15 | limiting the
authority conferred on the Illinois Commerce | ||||||
16 | Commission by the Public
Utilities Act to regulate all aspects | ||||||
17 | of the provision of public utility
service, including but not | ||||||
18 | limited to the authority to make rules and
adjudicate disputes | ||||||
19 | between utilities and customers related to eligibility
for | ||||||
20 | utility service, deposits, payment practices, discontinuance | ||||||
21 | of
service, and the treatment of arrearages owing for | ||||||
22 | previously rendered
utility service.
| ||||||
23 | (c) The Department of Commerce and Economic Opportunity | ||||||
24 | Healthcare and Family Services is authorized to institute an | ||||||
25 | outreach program directed at low-income minority heads of |
| |||||||
| |||||||
1 | households and heads of households age 60 or older. The | ||||||
2 | Department shall implement the program through rules adopted | ||||||
3 | pursuant to the Illinois Administrative Procedure Act. The | ||||||
4 | program shall be consistent with the purposes and objectives of | ||||||
5 | this Act and with all other specific requirements set forth in | ||||||
6 | this subsection (c).
| ||||||
7 | (Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06; | ||||||
8 | 95-331, eff. 8-21-07; 95-532, eff. 8-28-07.)
| ||||||
9 | (305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
| ||||||
10 | Sec. 6. Eligibility, Conditions of Participation, and | ||||||
11 | Energy Assistance.
| ||||||
12 | (a) Any person who is a resident of the State of Illinois | ||||||
13 | and whose
household income is not greater than an amount | ||||||
14 | determined annually by the
Department, in consultation with the | ||||||
15 | Policy Advisory Council, may
apply for assistance pursuant to | ||||||
16 | this Act in accordance with regulations
promulgated by the | ||||||
17 | Department. In setting the annual eligibility level, the
| ||||||
18 | Department shall consider the amount of available funding and | ||||||
19 | may not set a
limit higher than the amount established by the | ||||||
20 | federal Office of Management and Budget or 75% of the State | ||||||
21 | median income, whichever is greater 150% of the federal nonfarm | ||||||
22 | poverty level as established by
the federal Office of | ||||||
23 | Management and Budget .
| ||||||
24 | (b) Applicants who qualify for assistance pursuant to | ||||||
25 | subsection (a) of
this Section shall, subject to appropriation |
| |||||||
| |||||||
1 | from the General Assembly and
subject to availability of funds | ||||||
2 | to the Department, receive energy
assistance as provided by | ||||||
3 | this Act. The Department, upon receipt
of monies authorized | ||||||
4 | pursuant to this Act for energy assistance, shall commit
funds | ||||||
5 | for each qualified applicant in an amount determined by the
| ||||||
6 | Department. In determining the amounts of assistance to be | ||||||
7 | provided to or
on behalf of a qualified applicant, the | ||||||
8 | Department shall ensure that the
highest amounts of assistance | ||||||
9 | go to households with the greatest energy
costs in relation to | ||||||
10 | household income. The Department shall include
factors such as | ||||||
11 | energy costs, household size, household income, and region
of | ||||||
12 | the State when determining individual household benefits. In | ||||||
13 | setting
assistance levels, the Department shall attempt to | ||||||
14 | provide assistance to
approximately the same number of | ||||||
15 | households who participated in the 1991
Residential Energy | ||||||
16 | Assistance Partnership Program. Such assistance levels
shall | ||||||
17 | be adjusted annually on the basis of funding
availability and | ||||||
18 | energy costs. In promulgating rules for the
administration of | ||||||
19 | this
Section the Department shall assure that a minimum of 1/3 | ||||||
20 | of funds
available for benefits to eligible households with the | ||||||
21 | lowest incomes and that elderly and
disabled households are | ||||||
22 | offered a priority application
period.
| ||||||
23 | (c) If the applicant is not a customer of an energy | ||||||
24 | provider for winter
energy services or an applicant for such | ||||||
25 | service, such applicant shall
receive a direct energy | ||||||
26 | assistance payment in an amount established by the
Department |
| |||||||
| |||||||
1 | for all such applicants under this Act; provided, however, that
| ||||||
2 | such an applicant must have rental expenses for housing greater | ||||||
3 | than 30% of
household income.
| ||||||
4 | (d) If the applicant is a customer of an energy provider, | ||||||
5 | such
applicant shall receive energy assistance in an amount | ||||||
6 | established by the
Department for all such applicants under | ||||||
7 | this Act, such amount to be paid
by the Department to the | ||||||
8 | energy provider supplying winter energy service to
such | ||||||
9 | applicant. Such applicant shall:
| ||||||
10 | (i) make all reasonable efforts to apply to any other | ||||||
11 | appropriate
source of public energy assistance; and
| ||||||
12 | (ii) sign a waiver permitting the Department to receive | ||||||
13 | income
information from any public or private agency | ||||||
14 | providing income or energy
assistance and from any | ||||||
15 | employer, whether public or private.
| ||||||
16 | (e) Any qualified applicant pursuant to this Section may | ||||||
17 | receive or have
paid on such applicant's behalf an emergency | ||||||
18 | assistance payment to enable
such applicant to obtain access to | ||||||
19 | winter energy services. Any such
payments shall be made in | ||||||
20 | accordance with regulations of the Department.
| ||||||
21 | (f) The Department may, if sufficient funds are available, | ||||||
22 | provide
additional benefits to certain qualified applicants:
| ||||||
23 | (i) for the reduction of past due amounts owed to | ||||||
24 | energy providers;
and
| ||||||
25 | (ii) to assist the household in responding to | ||||||
26 | excessively high summer
temperatures or energy costs. |
| |||||||
| |||||||
1 | Households containing elderly members, children,
a person | ||||||
2 | with a disability, or a person with a medical need for | ||||||
3 | conditioned air
shall receive priority for receipt of such | ||||||
4 | benefits.
| ||||||
5 | (Source: P.A. 91-936, eff. 1-10-01; 92-690, eff. 7-18-02.)
| ||||||
6 | (305 ILCS 20/8) (from Ch. 111 2/3, par. 1408)
| ||||||
7 | Sec. 8. Program Reports.
| ||||||
8 | (a) The Department of Natural Resources shall prepare and
| ||||||
9 | submit to the Governor and the General Assembly reports on | ||||||
10 | September 30
biennially, beginning in 2003,
evaluating the | ||||||
11 | effectiveness of the energy
assistance and weatherization | ||||||
12 | policies authorized by this Act. The first
report shall cover | ||||||
13 | such effects during the first winter during which the
program | ||||||
14 | authorized by this Act, is in operation, and successive reports
| ||||||
15 | shall cover effects since the issuance of the preceding report.
| ||||||
16 | (1) Reports issued pursuant to this Section shall be | ||||||
17 | limited to,
information concerning the effects of the | ||||||
18 | policies authorized by this Act
on (1) the ability of | ||||||
19 | eligible applicants to obtain and maintain adequate
and | ||||||
20 | affordable winter energy services and (2) changes in the | ||||||
21 | costs and
prices of winter energy services for people who | ||||||
22 | do not receive energy
assistance pursuant to this Act.
| ||||||
23 | (2) The Department of Natural Resources shall by | ||||||
24 | September
30, 2002, in consultation with the Policy | ||||||
25 | Advisory Council, determine the
kinds of numerical and |
| |||||||
| |||||||
1 | other information needed to conduct the evaluations
| ||||||
2 | required by this Section, and shall advise the Policy | ||||||
3 | Advisory
Council of such information needs in a timely | ||||||
4 | manner.
The Department of Commerce and Economic | ||||||
5 | Opportunity Healthcare and Family Services , the
Department | ||||||
6 | of Human Services, and the Illinois Commerce
Commission | ||||||
7 | shall each
provide such information as the Department of | ||||||
8 | Natural Resources
may require to ensure that the evaluation | ||||||
9 | reporting requirement established
by this Section can be | ||||||
10 | met.
| ||||||
11 | (b) On or before December 31, 2002, 2004, 2006, and 2007, | ||||||
12 | the Department
shall prepare a report for the General Assembly | ||||||
13 | on the expenditure of funds
appropriated for the programs | ||||||
14 | authorized under this Act.
| ||||||
15 | (c) On or before December 31 of each year in 2004, 2006, | ||||||
16 | and 2007, the
Department shall, in consultation with the | ||||||
17 | Council, prepare and submit
evaluation reports to the Governor | ||||||
18 | and the General Assembly outlining the
effects of the program | ||||||
19 | designed under this Act on the following as it relates
to the | ||||||
20 | propriety of continuing the program:
| ||||||
21 | (1) the definition of an eligible low income | ||||||
22 | residential
customer;
| ||||||
23 | (2) access of low income residential customers to | ||||||
24 | essential
energy services;
| ||||||
25 | (3) past due amounts owed to utilities by low income | ||||||
26 | persons in
Illinois;
|
| |||||||
| |||||||
1 | (4) appropriate measures to encourage energy | ||||||
2 | conservation,
efficiency, and responsibility among low | ||||||
3 | income residential customers;
| ||||||
4 | (5) the activities of the Department in the development | ||||||
5 | and
implementation of energy assistance and related | ||||||
6 | policies and programs,
which characterizes progress toward | ||||||
7 | meeting the objectives and
requirements of this Act, and | ||||||
8 | which recommends any statutory
changes which might be | ||||||
9 | needed to further such progress.
| ||||||
10 | (d) The Department shall by September 30, 2002 in | ||||||
11 | consultation with the
Council determine the kinds of numerical | ||||||
12 | and other information needed to
conduct the evaluations | ||||||
13 | required by this Section.
| ||||||
14 | (e) The Illinois Commerce Commission shall require each | ||||||
15 | public utility
providing heating or electric service to compile | ||||||
16 | and submit any numerical
and other information needed by the | ||||||
17 | Department of Natural
Resources to meet its reporting | ||||||
18 | obligations.
| ||||||
19 | (Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06; | ||||||
20 | 95-331, eff. 8-21-07.)
| ||||||
21 | (305 ILCS 20/13)
| ||||||
22 | (Section scheduled to be repealed on December 31, 2013) | ||||||
23 | Sec. 13. Supplemental Low-Income Energy Assistance Fund.
| ||||||
24 | (a) The Supplemental Low-Income Energy Assistance
Fund is | ||||||
25 | hereby created as a special fund in the State
Treasury. The |
| |||||||
| |||||||
1 | Supplemental Low-Income Energy Assistance Fund
is authorized | ||||||
2 | to receive moneys from voluntary donations from individuals, | ||||||
3 | foundations, corporations, and other sources, moneys received | ||||||
4 | pursuant to Section 17, and, by statutory deposit, the moneys
| ||||||
5 | collected pursuant to this Section. The Fund is also authorized | ||||||
6 | to receive voluntary donations from individuals, foundations, | ||||||
7 | corporations, and other sources, as well as contributions made | ||||||
8 | in accordance with Section 507MM of the Illinois Income Tax | ||||||
9 | Act. Subject to appropriation,
the Department shall use
moneys | ||||||
10 | from the Supplemental Low-Income Energy Assistance Fund
for | ||||||
11 | payments to electric or gas public utilities,
municipal | ||||||
12 | electric or gas utilities, and electric cooperatives
on behalf | ||||||
13 | of their customers who are participants in the
program | ||||||
14 | authorized by Section 4 of this Act, for the provision of
| ||||||
15 | weatherization services and for
administration of the | ||||||
16 | Supplemental Low-Income Energy
Assistance Fund. The yearly | ||||||
17 | expenditures for weatherization may not exceed 10%
of the | ||||||
18 | amount collected during the year pursuant to this Section. The | ||||||
19 | yearly administrative expenses of the
Supplemental Low-Income | ||||||
20 | Energy Assistance Fund may not exceed
10% of the amount | ||||||
21 | collected during that year
pursuant to this Section.
| ||||||
22 | (b) Notwithstanding the provisions of Section 16-111
of the | ||||||
23 | Public Utilities Act but subject to subsection (k) of this | ||||||
24 | Section,
each public utility, electric
cooperative, as defined | ||||||
25 | in Section 3.4 of the Electric Supplier Act,
and municipal | ||||||
26 | utility, as referenced in Section 3-105 of the Public Utilities
|
| |||||||
| |||||||
1 | Act, that is engaged in the delivery of electricity or the
| ||||||
2 | distribution of natural gas within the State of Illinois
shall, | ||||||
3 | effective January 1, 1998,
assess each of
its customer accounts | ||||||
4 | a monthly Energy Assistance Charge for
the Supplemental | ||||||
5 | Low-Income Energy Assistance Fund.
The delivering public | ||||||
6 | utility, municipal electric or gas utility, or electric
or gas
| ||||||
7 | cooperative for a self-assessing purchaser remains subject to | ||||||
8 | the collection of
the
fee imposed by this Section.
The
monthly | ||||||
9 | charge shall be as follows:
| ||||||
10 | (1) $0.40 per month on each account for
residential | ||||||
11 | electric service;
| ||||||
12 | (2) $0.40 per month on each account for
residential gas | ||||||
13 | service;
| ||||||
14 | (3) $4 per month on each account for non-residential | ||||||
15 | electric service
which had less than 10 megawatts
of peak | ||||||
16 | demand during the previous calendar year;
| ||||||
17 | (4) $4 per month on each account for non-residential | ||||||
18 | gas service which
had distributed to it less than
4,000,000 | ||||||
19 | therms of gas during the previous calendar year;
| ||||||
20 | (5) $300 per month on each account for non-residential | ||||||
21 | electric service
which had 10 megawatts or greater
of peak | ||||||
22 | demand during the previous calendar year; and
| ||||||
23 | (6) $300 per month on each account for non-residential | ||||||
24 | gas service
which had 4,000,000 or more therms of
gas | ||||||
25 | distributed to it during the previous calendar year.
| ||||||
26 | (c) For purposes of this Section:
|
| |||||||
| |||||||
1 | (1) "residential electric service" means
electric | ||||||
2 | utility service for household purposes delivered to a
| ||||||
3 | dwelling of 2 or fewer units which is billed under a
| ||||||
4 | residential rate, or electric utility service for | ||||||
5 | household
purposes delivered to a dwelling unit or units | ||||||
6 | which is billed
under a residential rate and is registered | ||||||
7 | by a separate meter
for each dwelling unit;
| ||||||
8 | (2) "residential gas service" means gas utility
| ||||||
9 | service for household purposes distributed to a dwelling of
| ||||||
10 | 2 or fewer units which is billed under a residential rate,
| ||||||
11 | or gas utility service for household purposes distributed | ||||||
12 | to a
dwelling unit or units which is billed under a | ||||||
13 | residential
rate and is registered by a separate meter for | ||||||
14 | each dwelling
unit;
| ||||||
15 | (3) "non-residential electric service" means
electric | ||||||
16 | utility service which is not residential electric
service; | ||||||
17 | and
| ||||||
18 | (4) "non-residential gas service" means gas
utility | ||||||
19 | service which is not residential gas service.
| ||||||
20 | (d) At least 45 days prior to the date on which it
must | ||||||
21 | begin assessing Energy Assistance Charges, each public
utility | ||||||
22 | engaged in the delivery of electricity or the
distribution of | ||||||
23 | natural gas shall file with the Illinois
Commerce Commission | ||||||
24 | tariffs incorporating the Energy
Assistance Charge in other | ||||||
25 | charges stated in such tariffs.
| ||||||
26 | (e) The Energy Assistance Charge assessed by
electric and |
| |||||||
| |||||||
1 | gas public utilities shall be considered a charge
for public | ||||||
2 | utility service.
| ||||||
3 | (f) By the 20th day of the month following the month in | ||||||
4 | which the charges
imposed by the Section were collected, each | ||||||
5 | public
utility,
municipal utility, and electric cooperative | ||||||
6 | shall remit to the
Department of Revenue all moneys received as | ||||||
7 | payment of the
Energy Assistance Charge on a return prescribed | ||||||
8 | and furnished by the
Department of Revenue showing such | ||||||
9 | information as the Department of Revenue may
reasonably | ||||||
10 | require. If a customer makes a partial payment, a public
| ||||||
11 | utility, municipal
utility, or electric cooperative may elect | ||||||
12 | either: (i) to apply
such partial payments first to amounts | ||||||
13 | owed to the
utility or cooperative for its services and then to | ||||||
14 | payment
for the Energy Assistance Charge or (ii) to apply such | ||||||
15 | partial payments
on a pro-rata basis between amounts owed to | ||||||
16 | the
utility or cooperative for its services and to payment for | ||||||
17 | the
Energy Assistance Charge.
| ||||||
18 | (g) The Department of Revenue shall deposit into the
| ||||||
19 | Supplemental Low-Income Energy Assistance Fund all moneys
| ||||||
20 | remitted to it in accordance with subsection (f) of this
| ||||||
21 | Section.
| ||||||
22 | (h) (Blank).
| ||||||
23 | On or before December 31, 2002, the Department shall
| ||||||
24 | prepare a report for the General Assembly on the expenditure of | ||||||
25 | funds
appropriated from the Low-Income Energy Assistance Block | ||||||
26 | Grant Fund for the
program authorized under Section 4 of this |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (i) The Department of Revenue may establish such
rules as | ||||||
3 | it deems necessary to implement this Section.
| ||||||
4 | (j) The Department of Commerce and Economic Opportunity | ||||||
5 | Healthcare and Family Services
may establish such rules as it | ||||||
6 | deems necessary to implement
this Section.
| ||||||
7 | (k) The charges imposed by this Section shall only apply to | ||||||
8 | customers of
municipal electric or gas utilities and electric | ||||||
9 | or gas cooperatives if
the municipal
electric or gas
utility or | ||||||
10 | electric or gas cooperative makes an affirmative decision to
| ||||||
11 | impose the
charge. If a municipal electric or gas utility or an | ||||||
12 | electric
cooperative makes an affirmative decision to impose | ||||||
13 | the charge provided by
this
Section, the municipal electric or | ||||||
14 | gas utility or electric cooperative shall
inform the
Department | ||||||
15 | of Revenue in writing of such decision when it begins to impose | ||||||
16 | the
charge. If a municipal electric or gas utility or electric | ||||||
17 | or gas
cooperative does not
assess
this charge, the Department | ||||||
18 | may not use funds from the Supplemental Low-Income
Energy | ||||||
19 | Assistance Fund to provide benefits to its customers under the | ||||||
20 | program
authorized by Section 4 of this Act.
| ||||||
21 | In its use of federal funds under this Act, the Department | ||||||
22 | may not cause a
disproportionate share of those federal funds | ||||||
23 | to benefit customers of systems
which do not assess the charge | ||||||
24 | provided by this Section.
| ||||||
25 | This Section is repealed effective December 31, 2013
unless
| ||||||
26 | renewed by action of the General Assembly. The General Assembly |
| |||||||
| |||||||
1 | shall
consider the results of the evaluations described in | ||||||
2 | Section 8 in its
deliberations.
| ||||||
3 | (Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06; | ||||||
4 | 94-817, eff. 5-30-06; 95-48, eff. 8-10-07; 95-331, eff. | ||||||
5 | 8-21-07.)
| ||||||
6 | Section 15. The Good Samaritan Energy Plan Act is amended | ||||||
7 | by changing Section 5 as follows:
| ||||||
8 | (305 ILCS 22/5)
| ||||||
9 | Sec. 5. Definitions. In this Act:
| ||||||
10 | "Department" means the Department of Commerce and Economic | ||||||
11 | Opportunity Healthcare and Family Services .
| ||||||
12 | "LIHEAP" means the energy assistance program established | ||||||
13 | under the Energy
Assistance Act.
| ||||||
14 | (Source: P.A. 94-773, eff. 5-18-06; 95-331, eff. 8-21-07.)
|