94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2579

 

Introduced 1/20/2006, by Sen. Jacqueline Y. Collins

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 625/2   from Ch. 127, par. 2602
30 ILCS 105/5.670 new
30 ILCS 105/8h
35 ILCS 5/507MM new
65 ILCS 5/11-117-12.1   from Ch. 24, par. 11-117-12.1
220 ILCS 5/8-205   from Ch. 111 2/3, par. 8-205
220 ILCS 5/8-206   from Ch. 111 2/3, par. 8-206
220 ILCS 5/8-207   from Ch. 111 2/3, par. 8-207
220 ILCS 5/8-207.5 new
305 ILCS 20/2   from Ch. 111 2/3, par. 1402
305 ILCS 20/3   from Ch. 111 2/3, par. 1403
305 ILCS 20/4   from Ch. 111 2/3, par. 1404
305 ILCS 20/6   from Ch. 111 2/3, par. 1406
305 ILCS 20/8   from Ch. 111 2/3, par. 1408
305 ILCS 20/13
305 ILCS 20/15 new
305 ILCS 20/16 new
305 ILCS 22/5

    Amends the Illinois Economic Opportunity Act, the State Finance Act, the Illinois Income Tax Act, the Illinois Municipal Code, the Public Utilities Act, the Energy Assistance Act, and the Good Samaritan Energy Plan Act. Makes provisions concerning transfers to the General Revenue Fund from other funds not applicable to the Supplemental Low-Income Energy Assistance Fund, the Good Samaritan Energy Trust Fund, and the Energy Assistance Program Fund. Creates an Illinois income tax checkoff whereby a taxpayer may make a contribution to the Energy Assistance Program Fund. Prohibits the termination of gas or electric utility service to residential users who participate in or are eligible for the energy assistance program, and provides for reconnection of utility service to such households. Provides for administration of the energy assistance program and the Good Samaritan Energy Trust Fund by the Department of Healthcare and Family Services instead of the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity); requires the Department to adopt rules providing for enhanced enrollment for eligible consumers to receive energy assistance, and requires gas and electric utility companies and cooperatives to assist in coordinating low-income energy assistance. Provides that the annual eligibility level for the energy assistance program may not be lower (instead of higher) than 150% of the federal poverty level. Deletes the repeal of provisions concerning the Supplemental Low-Income Energy Assistance Fund scheduled for December 31, 2007. Makes other changes. Effective immediately.


LRB094 16023 DRJ 53305 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2579 LRB094 16023 DRJ 53305 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 2. The Illinois Economic Opportunity Act is amended
5 by changing Section 2 as follows:
 
6     (20 ILCS 625/2)  (from Ch. 127, par. 2602)
7     Sec. 2. (a) The Director of Commerce and Economic
8 Opportunity the Department of Commerce & Community Affairs is
9 authorized to administer the federal community services block
10 program, low-income home energy assistance program,
11 weatherization assistance program, emergency community
12 services homeless grant program, and other federal programs
13 that require or give preference to community action agencies
14 for local administration in accordance with federal laws and
15 regulations as amended. The Director shall provide financial
16 assistance to community action agencies from community service
17 block grant funds and other federal funds requiring or giving
18 preference to community action agencies for local
19 administration for the programs described in Section 4. The
20 Director of Healthcare and Family Services is authorized to
21 administer the federal low-income home energy assistance
22 program and weatherization assistance program in accordance
23 with federal laws and regulations as amended.
24     (b) Funds appropriated for use by community action agencies
25 in community action programs shall be allocated annually to
26 existing community action agencies or newly formed community
27 action agencies by the Department of Commerce and Economic
28 Opportunity Community Affairs. Allocations will be made
29 consistent with duly enacted departmental rules.
30 (Source: P.A. 87-926; revised 12-6-03.)
 
31     Section 5. The State Finance Act is amended by changing

 

 

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1 Section 8h and by adding Section 5.670 as follows:
 
2     (30 ILCS 105/5.670 new)
3     Sec. 5.670. The Energy Assistance Program Fund.
 
4     (30 ILCS 105/8h)
5     Sec. 8h. Transfers to General Revenue Fund.
6     (a) Except as provided in subsection (b), notwithstanding
7 any other State law to the contrary, the Governor may, through
8 June 30, 2007, from time to time direct the State Treasurer and
9 Comptroller to transfer a specified sum from any fund held by
10 the State Treasurer to the General Revenue Fund in order to
11 help defray the State's operating costs for the fiscal year.
12 The total transfer under this Section from any fund in any
13 fiscal year shall not exceed the lesser of (i) 8% of the
14 revenues to be deposited into the fund during that fiscal year
15 or (ii) an amount that leaves a remaining fund balance of 25%
16 of the July 1 fund balance of that fiscal year. In fiscal year
17 2005 only, prior to calculating the July 1, 2004 final
18 balances, the Governor may calculate and direct the State
19 Treasurer with the Comptroller to transfer additional amounts
20 determined by applying the formula authorized in Public Act
21 93-839 to the funds balances on July 1, 2003. No transfer may
22 be made from a fund under this Section that would have the
23 effect of reducing the available balance in the fund to an
24 amount less than the amount remaining unexpended and unreserved
25 from the total appropriation from that fund estimated to be
26 expended for that fiscal year. This Section does not apply to
27 any funds that are restricted by federal law to a specific use,
28 to any funds in the Motor Fuel Tax Fund, the Intercity
29 Passenger Rail Fund, the Hospital Provider Fund, the Medicaid
30 Provider Relief Fund, the Teacher Health Insurance Security
31 Fund, the Reviewing Court Alternative Dispute Resolution Fund,
32 or the Voters' Guide Fund, the Foreign Language Interpreter
33 Fund, the Lawyers' Assistance Program Fund, the Supreme Court
34 Federal Projects Fund, the Supreme Court Special State Projects

 

 

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1 Fund, the Supplemental Low-Income Energy Assistance Fund, the
2 Energy Assistance Program Fund, the Good Samaritan Energy Trust
3 Fund, or the Low-Level Radioactive Waste Facility Development
4 and Operation Fund, or the Hospital Basic Services Preservation
5 Fund, or to any funds to which subsection (f) of Section 20-40
6 of the Nursing and Advanced Practice Nursing Act applies. No
7 transfers may be made under this Section from the Pet
8 Population Control Fund. Notwithstanding any other provision
9 of this Section, for fiscal year 2004, the total transfer under
10 this Section from the Road Fund or the State Construction
11 Account Fund shall not exceed the lesser of (i) 5% of the
12 revenues to be deposited into the fund during that fiscal year
13 or (ii) 25% of the beginning balance in the fund. For fiscal
14 year 2005 through fiscal year 2007, no amounts may be
15 transferred under this Section from the Road Fund, the State
16 Construction Account Fund, the Criminal Justice Information
17 Systems Trust Fund, the Wireless Service Emergency Fund, or the
18 Mandatory Arbitration Fund.
19     In determining the available balance in a fund, the
20 Governor may include receipts, transfers into the fund, and
21 other resources anticipated to be available in the fund in that
22 fiscal year.
23     The State Treasurer and Comptroller shall transfer the
24 amounts designated under this Section as soon as may be
25 practicable after receiving the direction to transfer from the
26 Governor.
27     (b) This Section does not apply to: (i) the Ticket For The
28 Cure Fund; (ii) or to any fund established under the Community
29 Senior Services and Resources Act; or (iii) (ii) on or after
30 January 1, 2006 (the effective date of Public Act 94-511) this
31 amendatory Act of the 94th General Assembly, the Child Labor
32 and Day and Temporary Labor Enforcement Fund.
33     (c) This Section does not apply to the Demutualization
34 Trust Fund established under the Uniform Disposition of
35 Unclaimed Property Act.
36 (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,

 

 

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1 eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04;
2 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff.
3 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff.
4 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645,
5 eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05;
6 94-691, eff. 11-2-05; revised 11-15-05.)
 
7     Section 10. The Illinois Income Tax Act is amended by
8 adding Section 507MM as follows:
 
9     (35 ILCS 5/507MM new)
10     Sec. 507MM. Energy Assistance Program Fund checkoff.
11 Beginning with taxable years ending on December 31, 2006, the
12 Department shall print on its standard individual income tax
13 form a provision indicating that if the taxpayer wishes to
14 contribute to the Energy Assistance Program Fund as authorized
15 by this amendatory Act of the 94th General Assembly, he or she
16 may do so by stating the amount of the contribution (not less
17 than $1) on the return and that the contribution will reduce
18 the taxpayer's refund or increase the amount of the payment to
19 accompany the return. Failure to remit any amount of increased
20 payment shall reduce the contribution accordingly. This
21 Section shall not apply to an amended return.
 
22     Section 15. The Illinois Municipal Code is amended by
23 changing Section 11-117-12.1 as follows:
 
24     (65 ILCS 5/11-117-12.1)  (from Ch. 24, par. 11-117-12.1)
25     Sec. 11-117-12.1. Termination of gas or electric service.
26 (a) No gas or electric service furnished to residential users
27 by a municipality shall be terminated for nonpayment of bills
28 on: (i) any day when the National Weather Service forecast for
29 the following 24 hours covering the area in which the residence
30 is located includes a forecast that the temperature will be 20
31 degrees Fahrenheit or below; or (ii) any day preceding a
32 holiday or a weekend when such a forecast indicates that the

 

 

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1 temperature will be 20 degrees Fahrenheit or below during the
2 holiday or weekend.
3     (b) No gas or electric service furnished to residential
4 users by a municipality shall be terminated for nonpayment of
5 bills in the case of any residential user who is a participant
6 or is eligible to participate under Section 6 of the Energy
7 Assistance Act.
8     (c) This Section amendatory Act of 1979 applies to all
9 municipalities that own or operate a public utility, including
10 home rule units. However, nothing in this Section shall prevent
11 any municipality from establishing more stringent measures.
12 (Source: P.A. 81-986.)
 
13     Section 20. The Public Utilities Act is amended by changing
14 Sections 8-205, 8-206, and 8-207 and by adding Section 8-207.5
15 as follows:
 
16     (220 ILCS 5/8-205)  (from Ch. 111 2/3, par. 8-205)
17     Sec. 8-205. Termination of gas and electric utility service
18 to all residential users, including all tenants of
19 mastermetered apartment buildings, for nonpayment of bills,
20 where gas or electricity is used as the only source of space
21 heating or to control or operate the only space heating
22 equipment at the residence, is prohibited: ,
23     1. on any day when the National Weather Service forecast
24 for the following 24 hours covering the area of the utility in
25 which the residence is located includes a forecast that the
26 temperature will be 32 degrees Fahrenheit or below; or
27     2. on any day preceding a holiday or a weekend when such a
28 forecast indicated that the temperature will be 32 degrees
29 Fahrenheit or below during the holiday or weekend; or
30     3. in the case of any household participating or eligible
31 to participate under Section 6 of the Energy Assistance Act.
32 (Source: P.A. 84-617.)
 
33     (220 ILCS 5/8-206)  (from Ch. 111 2/3, par. 8-206)

 

 

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1     Sec. 8-206. Winter termination for nonpayment.
2     (a) Notwithstanding any other provision of this Act, no
3 electric or gas public utility or electric or gas cooperative
4 shall disconnect service to any residential customer or
5 mastermetered apartment building for nonpayment of a bill or
6 deposit where gas or electricity is used as the primary source
7 of space heating or is used to control or operate the primary
8 source of space heating equipment at the premises during the
9 period of time from December 1 through and including March 31
10 of the immediately succeeding calendar year, unless:
11     (1) The utility (i) has offered the customer a deferred
12 payment arrangement allowing for payment of past due amounts
13 over a period of not less than 4 months not to extend beyond
14 the following November and the option to enter into a levelized
15 payment plan for the payment of future bills. The maximum down
16 payment requirements shall not exceed 10% of the amount past
17 due and owing at the time of entering into the agreement; and
18 (ii) has provided the customer with the names, addresses and
19 telephone numbers of governmental and private agencies which
20 may provide assistance to customers of public utilities in
21 paying their utility bills; the utility shall obtain the
22 approval of an agency before placing the name of that agency on
23 any list which will be used to provide such information to
24 customers;
25     (2) The customer has refused or failed to enter into a
26 deferred payment arrangement as described in paragraph (1) of
27 this subsection (a); and
28     (3) All notice requirements as provided by law and rules or
29 regulations of the Commission have been met.
30     (b) Prior to termination of service for any residential
31 customer or mastermetered apartment building during the period
32 from December 1 through and including March 31 of the
33 immediately succeeding calendar year, all electric and gas
34 public utilities shall, in addition to all other notices:
35     (1) Notify the customer or an adult residing at the
36 customer's premises by telephone, a personal visit to the

 

 

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1 customer's premises or by first class mail, informing the
2 customer that:
3     (i) the customer's account is in arrears and the customer's
4 service is subject to termination for nonpayment of a bill;
5     (ii) the customer can avoid disconnection of service by
6 entering into a deferred payment agreement to pay past due
7 amounts over a period not to extend beyond the following
8 November and the customer has the option to enter into a
9 levelized payment plan for the payment of future bills;
10     (iii) the customer may apply for any available assistance
11 to aid in the payment of utility bills from any governmental or
12 private agencies from the list of such agencies provided to the
13 customer by the utility.
14     Provided, however, that a public utility shall be required
15 to make only one such contact with the customer during any such
16 period from December 1 through and including March 31 of the
17 immediately succeeding calendar year.
18     (2) Each public utility shall maintain records which shall
19 include, but not necessarily be limited to, the manner by which
20 the customer was notified and the time, date and manner by
21 which any prior but unsuccessful attempts to contact were made.
22 These records shall also describe the terms of the deferred
23 payment arrangements offered to the customer and those entered
24 into by the utility and customers. These records shall indicate
25 the total amount past due, the down payment, the amount
26 remaining to be paid and the number of months allowed to pay
27 the outstanding balance. No public utility shall be required to
28 retain records pertaining to unsuccessful attempts to contact
29 or deferred payment arrangements rejected by the customer after
30 such customer has entered into a deferred payment arrangement
31 with such utility.
32     (c) No public utility shall disconnect service for
33 nonpayment of a bill until the lapse of 6 business days after
34 making the notification required by paragraph (1) of subsection
35 (b) so as to allow the customer an opportunity to:
36     (1) Enter into a deferred payment arrangement and the

 

 

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1 option to enter into a levelized payment plan for the payment
2 of future bills.
3     (2) Contact a governmental or private agency that may
4 provide assistance to customers for the payment of public
5 utility bills.
6     (d) Any residential customer who enters into a deferred
7 payment arrangement pursuant to this Act, and subsequently
8 during that period of time set forth in subsection (a) becomes
9 subject to termination, shall be given notice as required by
10 law and any rule or regulation of the Commission prior to
11 termination of service.
12     (e) During that time period set forth in subsection (a), a
13 utility shall not require a down payment for a deposit from a
14 residential customer in excess of 20% of the total deposit
15 requested. An additional 4 months shall be allowed to pay the
16 remainder of the deposit. This provision shall not apply to
17 mastermetered apartment buildings or other nonresidential
18 customers.
19     (f) During that period of time set forth in subsection (a),
20 no utility may refuse to offer a deferred payment agreement to
21 a residential customer who has defaulted on such an agreement
22 within the past 12 months. However, no utility shall be
23 required to enter into more than one deferred payment
24 arrangement under this Section with any residential customer or
25 mastermetered apartment building during the period from
26 December 1 through and including March 31 of the immediately
27 succeeding calendar year.
28     (g) In order to enable customers to take advantage of
29 energy assistance programs, customers who can demonstrate that
30 their applications for a local, state or federal energy
31 assistance program have been approved may request that the
32 amount they will be entitled to receive as a regular energy
33 assistance payment be deducted and set aside from the amount
34 past due on which they make deferred payment arrangements.
35 Payment on the set-aside amount shall be credited when the
36 energy assistance voucher or check is received, according to

 

 

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1 the utility's common business practice.
2     (h) In no event shall any utility send a final notice to
3 any customer who has entered into a current deferred payment
4 agreement and has not defaulted on that deferred payment
5 agreement, unless the final notice pertains to a deposit
6 request.
7     (i) Each utility shall include with each disconnection
8 notice sent during the period for December 1 through and
9 including March 31 of the immediately succeeding calendar year
10 to a residential customer an insert explaining the above
11 provisions and providing a telephone number of the utility
12 company which the consumer may call to receive further
13 information.
14     (j) Each utility shall file with the Commission prior to
15 December 1 of each year a plan detailing the implementation of
16 this Section. This plan shall contain, but not be limited to:
17     (1) a description of the methods to be used to notify
18 residential customers as required in this Section, including
19 the forms of written and oral notices which shall be required
20 to include all the information contained in subsection (b) of
21 this Section.
22     (2) a listing of the names, addresses and telephone numbers
23 of governmental and private agencies which may provide
24 assistance to residential customers in paying their utility
25 bills;
26     (3) the program of employee education and information which
27 shall be used by the company in the implementation of this
28 Section.
29     (4) a description of methods to be utilized to inform
30 residential customers of those governmental and private
31 agencies and current and planned methods of cooperation with
32 those agencies to identify the customers who qualify for
33 assistance in paying their utility bills.
34     A utility which has a plan on file with the Commission need
35 not resubmit a new plan each year. However, any alteration of
36 the plan on file must be submitted and approved prior to

 

 

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1 December 1 of any year.
2     All plans are subject to review and approval by the
3 Commission. The Commission may direct a utility to alter its
4 plan to comply with the requirements of this Section.
5     (k) Notwithstanding any other provision of this Act, no
6 electric or gas public utility or electric or gas cooperative
7 shall disconnect service to any residential customer who is a
8 participant or is eligible to participate under Section 6 of
9 the Energy Assistance Act of 1989 for nonpayment of a bill or
10 deposit where gas or electricity is used as the primary source
11 of space heating or is used to control or operate the primary
12 source of space heating equipment at the premises during the
13 period of time from December 1 through and including March 31
14 of the immediately succeeding calendar year.
15 (Source: P.A. 93-289, eff. 7-22-03.)
 
16     (220 ILCS 5/8-207)  (from Ch. 111 2/3, par. 8-207)
17     Sec. 8-207. Any former residential customer whose gas or
18 electric service was used to provide or control the primary
19 source of space heating in the dwelling and whose service is
20 disconnected for nonpayment of a bill or a deposit from
21 December 1 of the prior winter's heating season through April 1
22 of the current heating season shall be eligible for
23 reconnection and a deferred payment arrangement under the
24 provisions of this Section. , subject to the following
25 limitations:
26     A utility shall not be required to reconnect service to,
27 and enter into a deferred payment arrangement with, a former
28 customer under the provisions of this Section (1) except
29 between November 1 and April 1 of the current heating season
30 for former customers who do not have applications pending for
31 the program described in Section 6 of the Energy Assistance
32 Act, and except between October 1 and April 1 of the current
33 heating season for all former customers who do have
34 applications pending for the program described in Section 6 of
35 the Energy Assistance Act and who provide proof of application

 

 

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1 to the utility, (2) in 2 consecutive years, (3) unless that
2 former customer has paid at least 33 1/3% of the amount billed
3 for utility service rendered by that utility subsequent to
4 December 1 of the prior year, or (4) in any instance where the
5 utility can show there has been tampering with the utility's
6 wires, pipes, meters (including locking devices), or other
7 service equipment and further shows that the former customer
8 enjoyed the benefit of utility service obtained in the
9 aforesaid manner.
10     The terms and conditions of any deferred payment
11 arrangements established by the utility and a former customer
12 shall take into consideration the following factors, based upon
13 information available from current utility records or provided
14 by the former customer:
15         (1) the amount past due;
16         (2) the former customer's ability to pay;
17         (3) the former customer's payment history;
18         (4) the reasons for the accumulation of the past due
19     amounts; and
20         (5) any other relevant factors relating to the former
21     customer's circumstances.
22     After the former customer's eligibility has been
23 established in accordance with the first paragraph of this
24 Section and, upon the establishment of a deferred payment
25 agreement, the former customer shall pay 1/3 of the amount past
26 due (including reconnecting charge, if any) and 1/3 of any
27 deposit required by the utility.
28     The Upon the payment of 1/3 of the amount past due and 1/3
29 of any deposit required by the utility, the former customer's
30 service shall be reconnected as soon as possible. The company
31 and the former customer shall agree to a payment schedule for
32 the remaining balances which will reasonably allow the former
33 customer to make the payments on the remainder of the deposit
34 and the past due balance while paying current bills during the
35 winter heating season. However, the utility is not obliged to
36 make payment arrangements extending beyond the following

 

 

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1 November. The utility shall allow the former customer a minimum
2 of 4 months in which to retire the past due balance and 3
3 months in which to pay the remainder of the deposit. The former
4 customer shall also be informed that payment on the amounts
5 past due and the deposit, if any, plus the current bills must
6 be paid by the due date or the customer may face termination of
7 service pursuant to this Section and Section 8-206.
8     The Commission shall develop rules to govern the
9 reconnection of a former customer who demonstrates a financial
10 inability to pay meet the requirement of 1/3 of the amount past
11 due and 1/3 of any deposit requested by the utility. The
12 Commission's rules shall establish a means by which the former
13 customer's utility service may be reconnected through the
14 payment of a reasonable amount and upon entering into a
15 deferred payment agreement.
16     Any payment agreement made shall be in writing, with a copy
17 provided to the former customer. The renegotiation and
18 reinstatement of a customer and the establishment of a budget
19 payment plan shall be pursuant to rules established by the
20 Commission.
21     Not later than September 15 of each year, every gas and
22 electric utility shall conduct a survey of all former
23 residential customers whose gas or electric service was used to
24 provide or control the primary source of space heating in the
25 dwelling and whose gas or electric service was terminated for
26 nonpayment of a bill or deposit from December 1 of the previous
27 year to September 15 of that year and where service at that
28 premises has not been restored. Not later than October 1 of
29 each year the utility shall notify each of these former
30 customers that the gas or electric service will be restored by
31 the company for the coming heating season if the former
32 customer contacts the utility and makes arrangements with the
33 utility for reconnection of service under the conditions set
34 forth in this Section. A utility shall notify the former
35 customer or an adult member of the household by personal visit,
36 telephone contact or mailing of a letter by first class mail to

 

 

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1 the last known address of that former customer. The utility
2 shall keep records which would indicate the date, form and the
3 results of such contact.
4     Each gas and electric utility which has former customers
5 affected by this Section shall file reports with the Commission
6 providing such information as the Commission may deem
7 appropriate. The Commission shall notify each gas and electric
8 utility prior to August 1 of each year concerning the
9 information which is to be included in the report for that
10 year.
11     In no event shall any actions taken by a utility in
12 compliance with this Section be deemed to abrogate or in any
13 way interfere with the utility's rights to pursue the normal
14 collection processes otherwise available to it.
15     The Commission shall promulgate rules to implement this
16 Section.
17 (Source: P.A. 92-690, eff. 7-18-02.)
 
18     (220 ILCS 5/8-207.5 new)
19     Sec. 8-207.5. Reconnection of service. Notwithstanding any
20 other provision of this Act, a public utility or cooperative
21 must reconnect service to the following:
22         (1) Any household participating or eligible to
23     participate under Section 6 of the Energy Assistance Act
24     whose service was disconnected for non-payment before the
25     effective date of this amendatory Act of the 94th General
26     Assembly.
27         (2) Any household whose service was disconnected for
28     nonpayment if the consumer (i) pays 20% of the outstanding
29     bill for the household or $250, whichever is less, or (ii)
30     agrees to a payment plan negotiated with the public utility
31     or cooperative by the customer or the local area agency on
32     behalf of the consumer.
33     No other conditions for reconnection may be imposed except
34 those provided in this Section.
 

 

 

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1     Section 25. The Energy Assistance Act is amended by
2 changing Sections 2, 3, 4, 6, 8, and 13 and by adding Sections
3 15 and 16 as follows:
 
4     (305 ILCS 20/2)  (from Ch. 111 2/3, par. 1402)
5     Sec. 2. Findings and Intent.
6     (a) The General Assembly finds that:
7         (1) the health, welfare, and prosperity of the people
8     of the State of Illinois require that all citizens receive
9     essential levels of heat and electric service regardless of
10     economic circumstance;
11         (2) public utilities and other entities providing such
12     services are entitled to receive proper payment for
13     services actually rendered;
14         (3) declining Federal low income energy assistance
15     funding necessitates a State response to ensure the
16     continuity and the further development of energy
17     assistance and related policies and programs within
18     Illinois; and
19         (4) energy assistance policies and programs in effect
20     in Illinois during the past 3 years have benefited all
21     Illinois citizens, and should therefore be continued with
22     the modifications provided herein.
23     (b) Consistent with its findings, the General Assembly
24 declares that it is the policy of the State that:
25         (1) a comprehensive low income energy assistance
26     policy and program should be established which
27     incorporates income assistance, home weatherization, and
28     other measures to ensure that citizens have access to
29     affordable energy services;
30         (2) the ability of public utilities and other entities
31     to receive just compensation for providing services should
32     not be jeopardized by this policy;
33         (3) resources applied in achieving this policy should
34     be coordinated and efficiently utilized through the
35     integration of public programs and through the targeting of

 

 

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1     assistance; and
2         (4) the State should utilize all appropriate and
3     available means to fund this program and, to the extent
4     possible, should identify and utilize sources of funding
5     which complement State tax revenues.
6 (Source: P.A. 92-690, eff. 7-18-02.)
 
7     (305 ILCS 20/3)  (from Ch. 111 2/3, par. 1403)
8     Sec. 3. Definitions. As used in this Act, unless the
9 context otherwise requires:
10     (a) the terms defined in Sections 3-101 through 3-121 of
11 The Public Utilities Act have the meanings ascribed to them in
12 that Act;
13     (b) "Department" means the Department of Healthcare and
14 Family Services Commerce and Community Affairs;
15     (c) "energy provider" means any utility, municipal
16 utility, cooperative utility, or any other corporation or
17 individual which provides winter energy services;
18     (d) "winter" means the period from November 1 of any year
19 through April 30 of the following year.
20 (Source: P.A. 86-127; 87-14; revised 12-6-03.)
 
21     (305 ILCS 20/4)  (from Ch. 111 2/3, par. 1404)
22     Sec. 4. Energy Assistance Program.
23     (a) The Department of Healthcare and Family Services
24 Commerce and Community Affairs is hereby authorized to
25 institute a program to ensure the availability and
26 affordability of heating and electric service to low income
27 citizens. The Department shall implement the program by rule
28 promulgated pursuant to The Illinois Administrative Procedure
29 Act. The program shall be consistent with the purposes and
30 objectives of this Act and with all other specific requirements
31 provided herein. The Department may enter into such contracts
32 and other agreements with local agencies as may be necessary
33 for the purpose of administering the energy assistance program.
34     (b) (Blank). Nothing in this Act shall be construed as

 

 

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1 altering or limiting the authority conferred on the Illinois
2 Commerce Commission by the Public Utilities Act to regulate all
3 aspects of the provision of public utility service, including
4 but not limited to the authority to make rules and adjudicate
5 disputes between utilities and customers related to
6 eligibility for utility service, deposits, payment practices,
7 discontinuance of service, and the treatment of arrearages
8 owing for previously rendered utility service.
9     (c) The Department shall adopt rules providing for enhanced
10 enrollment for eligible consumers to receive assistance under
11 the Low-Income Home Energy Assistance Program and other energy
12 assistance. Enhanced enrollment may include, but need not be
13 not limited to, joint marketing, joint application, or joint
14 processing with the programs of medical assistance and
15 Temporary Assistance for Needy Families under the Illinois
16 Public Aid Code and the Food Stamp Program. The Department of
17 Human Services, the Department of Public Health, and the
18 Department of Commerce and Economic Opportunity, upon request
19 of the Department of Healthcare and Family Services, shall
20 assist in the adoption and implementation of those rules. The
21 Department of Healthcare and Family Services and the Department
22 of Human Services, the Department of Public Health, and the
23 Department of Commerce and Economic Opportunity may enter into
24 memoranda of understanding establishing the respective duties
25 of each such department in relation to enhanced enrollment.
26     (d) Every public utility or cooperative that provides gas
27 or electric service to residential customers as a primary or
28 secondary source of heating or cooling shall assist in
29 coordinating energy assistance through the following:
30         (1) Identifying and providing the Department with a
31     list of customers who may be eligible for the Energy
32     Assistance Program, LIHEAP, and other State energy
33     assistance programs.
34         (2) Establishing waiver and grant programs to assist
35     low-income customers in paying their energy bills.
36         (3) Promoting payment and budget plans for all

 

 

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1     residential customers.
2 (Source: P.A. 92-690, eff. 7-18-02; revised 12-6-03.)
 
3     (305 ILCS 20/6)  (from Ch. 111 2/3, par. 1406)
4     Sec. 6. Eligibility, Conditions of Participation, and
5 Energy Assistance.
6     (a) Any person who is a resident of the State of Illinois
7 and whose household income is not greater than an amount
8 determined annually by the Department, in consultation with the
9 Policy Advisory Council, may apply for assistance pursuant to
10 this Act in accordance with regulations promulgated by the
11 Department. In setting the annual eligibility level, the
12 Department shall consider the amount of available funding and
13 may not set a limit lower higher than 150% of the federal
14 nonfarm poverty level as established by the federal Office of
15 Management and Budget.
16     (b) Applicants who qualify for assistance pursuant to
17 subsection (a) of this Section shall, subject to appropriation
18 from the General Assembly and subject to availability of funds
19 to the Department, receive energy assistance as provided by
20 this Act. The Department, upon receipt of monies authorized
21 pursuant to this Act for energy assistance, shall commit funds
22 for each qualified applicant in an amount determined by the
23 Department. In determining the amounts of assistance to be
24 provided to or on behalf of a qualified applicant, the
25 Department shall ensure that the highest amounts of assistance
26 go to households with the greatest energy costs in relation to
27 household income. The Department shall include factors such as
28 energy costs, household size, household income, and region of
29 the State when determining individual household benefits. In
30 setting assistance levels, the Department shall attempt to
31 provide assistance to approximately the same number of
32 households who participated in the 1991 Residential Energy
33 Assistance Partnership Program. Such assistance levels shall
34 be adjusted annually on the basis of funding availability and
35 energy costs. In promulgating rules for the administration of

 

 

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1 this Section the Department shall assure that a minimum of 1/3
2 of the funds is available for benefits to eligible households
3 with the lowest incomes and that elderly and disabled
4 households are offered a priority application period.
5     (c) If the applicant is not a customer of an energy
6 provider for winter energy services or an applicant for such
7 service, such applicant shall receive a direct energy
8 assistance payment in an amount established by the Department
9 for all such applicants under this Act; provided, however, that
10 such an applicant must have rental expenses for housing greater
11 than 30% of household income.
12     (d) If the applicant is a customer of an energy provider,
13 such applicant shall receive energy assistance in an amount
14 established by the Department for all such applicants under
15 this Act, such amount to be paid by the Department to the
16 energy provider supplying winter energy service to such
17 applicant. Such applicant shall:
18         (i) make all reasonable efforts to apply to any other
19     appropriate source of public energy assistance; and
20         (ii) sign a waiver permitting the Department to receive
21     income information from any public or private agency
22     providing income or energy assistance and from any
23     employer, whether public or private.
24     (e) Any qualified applicant pursuant to this Section may
25 receive or have paid on such applicant's behalf an emergency
26 assistance payment to enable such applicant to obtain access to
27 winter energy services. Any such payments shall be made in
28 accordance with regulations of the Department.
29     (f) The Department may, if sufficient funds are available,
30 provide additional benefits to certain qualified applicants:
31         (i) for the reduction of past due amounts owed to
32     energy providers; and
33         (ii) to assist the household in responding to
34     excessively high summer temperatures or energy costs.
35     Households containing elderly members, children, a person
36     with a disability, or a person with a medical need for

 

 

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1     conditioned air shall receive priority for receipt of such
2     benefits.
3 (Source: P.A. 91-936, eff. 1-10-01; 92-690, eff. 7-18-02.)
 
4     (305 ILCS 20/8)  (from Ch. 111 2/3, par. 1408)
5     Sec. 8. Program Reports.
6     (a) The Department of Natural Resources shall prepare and
7 submit to the Governor and the General Assembly reports on
8 September 30 biennially, beginning in 2003, evaluating the
9 effectiveness of the energy assistance and weatherization
10 policies authorized by this Act. The first report shall cover
11 such effects during the first winter during which the program
12 authorized by this Act, is in operation, and successive reports
13 shall cover effects since the issuance of the preceding report.
14         (1) Reports issued pursuant to this Section shall be
15     limited to, information concerning the effects of the
16     policies authorized by this Act on (1) the ability of
17     eligible applicants to obtain and maintain adequate and
18     affordable winter energy services and (2) changes in the
19     costs and prices of winter energy services for people who
20     do not receive energy assistance pursuant to this Act.
21         (2) The Department of Natural Resources shall by
22     September 30, 2002, in consultation with the Policy
23     Advisory Council, determine the kinds of numerical and
24     other information needed to conduct the evaluations
25     required by this Section, and shall advise the Policy
26     Advisory Council of such information needs in a timely
27     manner. The Department of Healthcare and Family Services
28     Commerce and Community Affairs, the Department of Human
29     Services, and the Illinois Commerce Commission shall each
30     provide such information as the Department of Natural
31     Resources may require to ensure that the evaluation
32     reporting requirement established by this Section can be
33     met.
34     (b) On or before December 31, 2002, 2004, 2006, and 2007,
35 the Department shall prepare a report for the General Assembly

 

 

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1 on the expenditure of funds appropriated for the programs
2 authorized under this Act.
3     (c) On or before December 31 of each year in 2004, 2006,
4 and 2007, the Department shall, in consultation with the
5 Council, prepare and submit evaluation reports to the Governor
6 and the General Assembly outlining the effects of the program
7 designed under this Act on the following as it relates to the
8 propriety of continuing the program:
9         (1) the definition of an eligible low income
10     residential customer;
11         (2) access of low income residential customers to
12     essential energy services;
13         (3) past due amounts owed to utilities by low income
14     persons in Illinois;
15         (4) appropriate measures to encourage energy
16     conservation, efficiency, and responsibility among low
17     income residential customers;
18         (5) the activities of the Department in the development
19     and implementation of energy assistance and related
20     policies and programs, which characterizes progress toward
21     meeting the objectives and requirements of this Act, and
22     which recommends any statutory changes which might be
23     needed to further such progress.
24     (d) The Department shall by September 30, 2002 in
25 consultation with the Council determine the kinds of numerical
26 and other information needed to conduct the evaluations
27 required by this Section.
28     (e) The Illinois Commerce Commission shall require each
29 public utility providing heating or electric service to compile
30 and submit any numerical and other information needed by the
31 Department of Natural Resources to meet its reporting
32 obligations.
33 (Source: P.A. 92-690, eff. 7-18-02; revised 12-6-03.)
 
34     (305 ILCS 20/13)
35     Sec. 13. Supplemental Low-Income Energy Assistance Fund.

 

 

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1     (a) The Supplemental Low-Income Energy Assistance Fund is
2 hereby created as a special fund in the State Treasury. The
3 Supplemental Low-Income Energy Assistance Fund is authorized
4 to receive, by statutory deposit, the moneys collected pursuant
5 to this Section. Subject to appropriation, the Department shall
6 use moneys from the Supplemental Low-Income Energy Assistance
7 Fund for payments to electric or gas public utilities,
8 municipal electric or gas utilities, and electric cooperatives
9 on behalf of their customers who are participants in the
10 program authorized by Section 4 of this Act, for the provision
11 of weatherization services and for administration of the
12 Supplemental Low-Income Energy Assistance Fund. The yearly
13 expenditures for weatherization may not exceed 10% of the
14 amount collected during the year pursuant to this Section. The
15 yearly administrative expenses of the Supplemental Low-Income
16 Energy Assistance Fund may not exceed 10% of the amount
17 collected during that year pursuant to this Section.
18     (b) Notwithstanding the provisions of Section 16-111 of the
19 Public Utilities Act but subject to subsection (k) of this
20 Section, each public utility, electric cooperative, as defined
21 in Section 3.4 of the Electric Supplier Act, and municipal
22 utility, as referenced in Section 3-105 of the Public Utilities
23 Act, that is engaged in the delivery of electricity or the
24 distribution of natural gas within the State of Illinois shall,
25 effective January 1, 1998, assess each of its customer accounts
26 a monthly Energy Assistance Charge for the Supplemental
27 Low-Income Energy Assistance Fund. The delivering public
28 utility, municipal electric or gas utility, or electric or gas
29 cooperative for a self-assessing purchaser remains subject to
30 the collection of the fee imposed by this Section. The monthly
31 charge shall be as follows:
32         (1) $0.40 per month on each account for residential
33     electric service;
34         (2) $0.40 per month on each account for residential gas
35     service;
36         (3) $4 per month on each account for non-residential

 

 

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1     electric service which had less than 10 megawatts of peak
2     demand during the previous calendar year;
3         (4) $4 per month on each account for non-residential
4     gas service which had distributed to it less than 4,000,000
5     therms of gas during the previous calendar year;
6         (5) $300 per month on each account for non-residential
7     electric service which had 10 megawatts or greater of peak
8     demand during the previous calendar year; and
9         (6) $300 per month on each account for non-residential
10     gas service which had 4,000,000 or more therms of gas
11     distributed to it during the previous calendar year.
12     (c) For purposes of this Section:
13         (1) "residential electric service" means electric
14     utility service for household purposes delivered to a
15     dwelling of 2 or fewer units which is billed under a
16     residential rate, or electric utility service for
17     household purposes delivered to a dwelling unit or units
18     which is billed under a residential rate and is registered
19     by a separate meter for each dwelling unit;
20         (2) "residential gas service" means gas utility
21     service for household purposes distributed to a dwelling of
22     2 or fewer units which is billed under a residential rate,
23     or gas utility service for household purposes distributed
24     to a dwelling unit or units which is billed under a
25     residential rate and is registered by a separate meter for
26     each dwelling unit;
27         (3) "non-residential electric service" means electric
28     utility service which is not residential electric service;
29     and
30         (4) "non-residential gas service" means gas utility
31     service which is not residential gas service.
32     (d) At least 45 days prior to the date on which it must
33 begin assessing Energy Assistance Charges, each public utility
34 engaged in the delivery of electricity or the distribution of
35 natural gas shall file with the Illinois Commerce Commission
36 tariffs incorporating the Energy Assistance Charge in other

 

 

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1 charges stated in such tariffs.
2     (e) The Energy Assistance Charge assessed by electric and
3 gas public utilities shall be considered a charge for public
4 utility service.
5     (f) By the 20th day of the month following the month in
6 which the charges imposed by the Section were collected, each
7 public utility, municipal utility, and electric cooperative
8 shall remit to the Department of Revenue all moneys received as
9 payment of the Energy Assistance Charge on a return prescribed
10 and furnished by the Department of Revenue showing such
11 information as the Department of Revenue may reasonably
12 require. If a customer makes a partial payment, a public
13 utility, municipal utility, or electric cooperative may elect
14 either: (i) to apply such partial payments first to amounts
15 owed to the utility or cooperative for its services and then to
16 payment for the Energy Assistance Charge or (ii) to apply such
17 partial payments on a pro-rata basis between amounts owed to
18 the utility or cooperative for its services and to payment for
19 the Energy Assistance Charge.
20     (g) The Department of Revenue shall deposit into the
21 Supplemental Low-Income Energy Assistance Fund all moneys
22 remitted to it in accordance with subsection (f) of this
23 Section.
24     (h) (Blank).
25     On or before December 31, 2002, the Department shall
26 prepare a report for the General Assembly on the expenditure of
27 funds appropriated from the Low-Income Energy Assistance Block
28 Grant Fund for the program authorized under Section 4 of this
29 Act.
30     (i) The Department of Revenue may establish such rules as
31 it deems necessary to implement this Section.
32     (j) The Department of Commerce and Economic Opportunity
33 Community Affairs may establish such rules as it deems
34 necessary to implement this Section.
35     (k) The charges imposed by this Section shall only apply to
36 customers of municipal electric or gas utilities and electric

 

 

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1 or gas cooperatives if the municipal electric or gas utility or
2 electric or gas cooperative makes an affirmative decision to
3 impose the charge. If a municipal electric or gas utility or an
4 electric cooperative makes an affirmative decision to impose
5 the charge provided by this Section, the municipal electric or
6 gas utility or electric cooperative shall inform the Department
7 of Revenue in writing of such decision when it begins to impose
8 the charge. If a municipal electric or gas utility or electric
9 or gas cooperative does not assess this charge, the Department
10 may not use funds from the Supplemental Low-Income Energy
11 Assistance Fund to provide benefits to its customers under the
12 program authorized by Section 4 of this Act.
13     In its use of federal funds under this Act, the Department
14 may not cause a disproportionate share of those federal funds
15 to benefit customers of systems which do not assess the charge
16 provided by this Section.
17     This Section is repealed effective December 31, 2007 unless
18 renewed by action of the General Assembly. The General Assembly
19 shall consider the results of the evaluations described in
20 Section 8 in its deliberations.
21 (Source: P.A. 92-690, eff. 7-18-02; revised 12-6-03.)
 
22     (305 ILCS 20/15 new)
23     Sec. 15. Energy Assistance Program Fund. The Energy
24 Assistance Program Fund is created as a special fund in the
25 State treasury. The Department shall deposit moneys received
26 from the following sources into the Fund:
27         (1) Donations from private and corporate sources.
28         (2) Escheats from public utilities owned to consumers.
29         (3) Public utility rate settlements and refunds.
30     The Department shall administer the Fund. Moneys deposited
31 into the Fund shall be used to coordinate and integrate LIHEAP
32 assistance and in leveraging additional LIHEAP incentive
33 funds. Resources from the Fund shall be awarded to local area
34 agencies that have existing contracts with the Department to
35 administer LIHEAP in Illinois.
 

 

 

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1     (305 ILCS 20/16 new)
2     Sec. 16. Income tax checkoff. Each individual income tax
3 payer may contribute to the Energy Assistance Program Fund
4 through the income tax checkoff described in Section 507MM of
5 the Illinois Income Tax Act.
 
6     Section 30. 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 Healthcare and Family
11 Services Commerce and Economic Opportunity.
12     "LIHEAP" means the energy assistance program established
13 under the Energy Assistance Act of 1989.
14 (Source: P.A. 93-285, eff. 7-22-03.)
 
15     Section 99. Effective date. This Act takes effect upon
16 becoming law.