Full Text of SB1598 102nd General Assembly
SB1598 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB1598 Introduced 2/26/2021, by Sen. Jacqueline Y. Collins SYNOPSIS AS INTRODUCED: |
| 305 ILCS 20/6 | from Ch. 111 2/3, par. 1406 | 305 ILCS 20/13 | | 305 ILCS 20/18 | | 305 ILCS 20/20 new | |
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Amends the Energy Assistance Act. Provides that the Department of Commerce and Economic Opportunity may not set the annual eligibility level for energy assistance higher than 60% of the State median income as established by the U.S. Department of Health and Human Services. Requires the Department to ensure that households with children under the age of 6 years old are offered a priority application
period. Provides that the Supplemental Low-Income Energy Assistance Fund is not subject
to sweeps, administrative charge-backs, or any other fiscal or
budgetary maneuver that would in any way transfer any amounts
from the Supplemental Low-Income Energy Assistance Fund into
any other fund of the State. Contains provisions concerning certain unspent funds being utilized for weatherization expenses; allowances to Local Administrative Agencies for administrative expenses; incremental changes to the monthly energy assistance charges billed to utility customers; Department reports on monies collected and allocated to utilities for implementation of their Percentage of Income Payment Plans; and other matters. Provides that all energy assistance programs under the Act shall be available to eligible residents regardless of immigration status.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 |
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| 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 |
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| 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 |
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| 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.
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| 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 |
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| 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 |
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| 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. No less than 8% of | 4 | | the amount collected each year pursuant to this Section shall | 5 | | be provided to Local Administrative Agencies for | 6 | | administrative expenses.
| 7 | | (b) Notwithstanding the provisions of Section 16-111
of | 8 | | the Public Utilities Act but subject to subsection (k) of this | 9 | | Section,
each public utility, electric
cooperative, as defined | 10 | | in Section 3.4 of the Electric Supplier Act,
and municipal | 11 | | utility, as referenced in Section 3-105 of the Public | 12 | | Utilities
Act, that is engaged in the delivery of electricity | 13 | | or the
distribution of natural gas within the State of | 14 | | Illinois
shall, effective January 1, 2021 effective January 1, | 15 | | 1998 ,
assess each of
its customer accounts a monthly Energy | 16 | | Assistance Charge for
the Supplemental Low-Income Energy | 17 | | Assistance Fund.
The delivering public utility, municipal | 18 | | electric or gas utility, or electric
or gas
cooperative for a | 19 | | self-assessing purchaser remains subject to the collection of
| 20 | | the
fee imposed by this Section.
The
monthly charge shall be as | 21 | | follows:
| 22 | | (1) Base Energy Assistance Charge per month on each
| 23 | | account for residential electrical service; | 24 | | (2) Base Energy Assistance Charge per month on each
| 25 | | account for residential gas service; | 26 | | (3) Ten times the Base Energy Assistance Charge per
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| 1 | | month on each account for non-residential electric
service | 2 | | which had less than 10 megawatts of peak
demand during the | 3 | | previous calendar year; | 4 | | (4) Ten times the Base Energy Assistance Charge per
| 5 | | month on each account for non-residential gas
service | 6 | | which had distributed to it less than
4,000,000 therms of | 7 | | gas during the previous
calendar year; | 8 | | (5) Three hundred and seventy-five times the Base
| 9 | | Energy Assistance Charge per month on each account
for | 10 | | non-residential electric service which had 10
megawatts or | 11 | | greater of peak demand during the
previous calendar year; | 12 | | and | 13 | | (6) Three hundred and seventy-five times the Base
| 14 | | Energy Assistance Charge per month on each account
For | 15 | | non-residential gas service which had
4,000,000 or more | 16 | | therms of gas distributed to it
during the previous | 17 | | calendar year. | 18 | | The Base Energy Assistance Charge shall be $0.48
per month | 19 | | for the calendar year beginning January
1, 2022 and shall | 20 | | increase by $0.16 per month for
any calendar year, provided no | 21 | | less than 80% of the
previous State fiscal year's available
| 22 | | Supplemental Low-Income Energy Assistance Fund
funding was | 23 | | exhausted. The maximum Base Energy
Assistance Charge shall not | 24 | | exceed $0.96 per month
for any calendar year. | 25 | | (1) $0.48 per month on each account for
residential | 26 | | electric service;
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| 1 | | (2) $0.48 per month on each account for
residential | 2 | | gas service;
| 3 | | (3) $4.80 per month on each account for | 4 | | non-residential electric service
which had less than 10 | 5 | | megawatts
of peak demand during the previous calendar | 6 | | year;
| 7 | | (4) $4.80 per month on each account for | 8 | | non-residential gas service which
had distributed to it | 9 | | less than
4,000,000 therms of gas during the previous | 10 | | calendar year;
| 11 | | (5) $360 per month on each account for non-residential | 12 | | electric service
which had 10 megawatts or greater
of peak | 13 | | demand during the previous calendar year; and
| 14 | | (6) $360 per month on each account for non-residential | 15 | | gas service
which had 4,000,000 or more therms of
gas | 16 | | distributed to it during the previous calendar year. | 17 | | The incremental change to such charges imposed by Public | 18 | | Act 99-933 and this amendatory Act of the 102nd General | 19 | | Assembly this amendatory Act of the 96th General Assembly | 20 | | shall not (i) be used for any purpose other than to directly | 21 | | assist customers and (ii) be applicable to utilities serving | 22 | | less than 25,000 100,000 customers in Illinois on January 1, | 23 | | 2021 2009 . The incremental change to such charges imposed by | 24 | | this amendatory Act of the 102nd General Assembly are intended | 25 | | to increase utilization of the Percentage of Income Payment | 26 | | Plan (PIPP or PIP Plan) and shall be applied such that PIP Plan |
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| 1 | | enrollment is at least doubled, as compared to 2020 | 2 | | enrollment, by 2024. | 3 | | In addition, electric and gas utilities have committed, | 4 | | and shall contribute, a one-time payment of $22 million to the | 5 | | Fund, within 10 days after the effective date of the tariffs | 6 | | established pursuant to Sections 16-111.8 and 19-145 of the | 7 | | Public Utilities Act to be used for the Department's cost of | 8 | | implementing the programs described in Section 18 of this | 9 | | amendatory Act of the 96th General Assembly, the Arrearage | 10 | | Reduction Program described in Section 18, and the programs | 11 | | described in Section 8-105 of the Public Utilities Act. If a | 12 | | utility elects not to file a rider within 90 days after the | 13 | | effective date of this amendatory Act of the 96th General | 14 | | Assembly, then the contribution from such utility shall be | 15 | | made no later than February 1, 2010.
| 16 | | (c) For purposes of this Section:
| 17 | | (1) "residential electric service" means
electric | 18 | | utility service for household purposes delivered to a
| 19 | | dwelling of 2 or fewer units which is billed under a
| 20 | | residential rate, or electric utility service for | 21 | | household
purposes delivered to a dwelling unit or units | 22 | | which is billed
under a residential rate and is registered | 23 | | by a separate meter
for each dwelling unit;
| 24 | | (2) "residential gas service" means gas utility
| 25 | | service for household purposes distributed to a dwelling | 26 | | of
2 or fewer units which is billed under a residential |
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| 1 | | rate,
or gas utility service for household purposes | 2 | | distributed to a
dwelling unit or units which is billed | 3 | | under a residential
rate and is registered by a separate | 4 | | meter for each dwelling
unit;
| 5 | | (3) "non-residential electric service" means
electric | 6 | | utility service which is not residential electric
service; | 7 | | and
| 8 | | (4) "non-residential gas service" means gas
utility | 9 | | service which is not residential gas service.
| 10 | | (d) Within 30 days after the effective date of this | 11 | | amendatory Act of the 96th General Assembly, each public
| 12 | | utility engaged in the delivery of electricity or the
| 13 | | distribution of natural gas shall file with the Illinois
| 14 | | Commerce Commission tariffs incorporating the Energy
| 15 | | Assistance Charge in other charges stated in such tariffs, | 16 | | which shall become effective no later than the beginning of | 17 | | the first billing cycle following such filing.
| 18 | | (e) The Energy Assistance Charge assessed by
electric and | 19 | | gas public utilities shall be considered a charge
for public | 20 | | utility service.
| 21 | | (f) By the 20th day of the month following the month in | 22 | | which the charges
imposed by the Section were collected, each | 23 | | public
utility,
municipal utility, and electric cooperative | 24 | | shall remit to the
Department of Revenue all moneys received | 25 | | as payment of the
Energy Assistance Charge on a return | 26 | | prescribed and furnished by the
Department of Revenue showing |
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| 1 | | such information as the Department of Revenue may
reasonably | 2 | | require; provided, however, that a utility offering an | 3 | | Arrearage Reduction Program or Supplemental Arrearage | 4 | | Reduction Program pursuant to Section 18 of this Act shall be | 5 | | entitled to net those amounts necessary to fund and recover | 6 | | the costs of such Programs as authorized by that Section that | 7 | | is no more than the incremental change in such Energy | 8 | | Assistance Charge authorized by Public Act 96-33. If a | 9 | | customer makes a partial payment, a public
utility, municipal
| 10 | | utility, or electric cooperative may elect either: (i) to | 11 | | apply
such partial payments first to amounts owed to the
| 12 | | utility or cooperative for its services and then to payment
| 13 | | for the Energy Assistance Charge or (ii) to apply such partial | 14 | | payments
on a pro-rata basis between amounts owed to the
| 15 | | utility or cooperative for its services and to payment for the
| 16 | | Energy Assistance Charge.
| 17 | | If any payment provided for in this Section exceeds the | 18 | | distributor's liabilities under this Act, as shown on an | 19 | | original return, the Department may authorize the distributor | 20 | | to credit such excess payment against liability subsequently | 21 | | to be remitted to the Department under this Act, in accordance | 22 | | with reasonable rules adopted by the Department. If the | 23 | | Department subsequently determines that all or any part of the | 24 | | credit taken was not actually due to the distributor, the | 25 | | distributor's discount shall be reduced by an amount equal to | 26 | | the difference between the discount as applied to the credit |
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| 1 | | taken and that actually due, and that distributor shall be | 2 | | liable for penalties and interest on such difference. | 3 | | (g) The Department of Revenue shall deposit into the
| 4 | | Supplemental Low-Income Energy Assistance Fund all moneys
| 5 | | remitted to it in accordance with subsection (f) of this
| 6 | | Section . ; provided, however, that the amounts remitted by | 7 | | each utility shall be used to provide assistance to that | 8 | | utility's customers. The utilities shall coordinate with the | 9 | | Department to establish an equitable and practical methodology | 10 | | for implementing this subsection (g) beginning with the 2010 | 11 | | program year.
| 12 | | (h) On or before December 31, 2002, the Department shall
| 13 | | prepare a report for the General Assembly on the expenditure | 14 | | of funds
appropriated from the Low-Income Energy Assistance | 15 | | Block Grant Fund for the
program authorized under Section 4 of | 16 | | this Act.
| 17 | | (i) The Department of Revenue may establish such
rules as | 18 | | it deems necessary to implement this Section.
| 19 | | (j) The Department of Commerce and Economic Opportunity
| 20 | | may establish such rules as it deems necessary to implement
| 21 | | this Section.
| 22 | | (k) The charges imposed by this Section shall only apply | 23 | | to customers of
municipal electric or gas utilities and | 24 | | electric or gas cooperatives if
the municipal
electric or gas
| 25 | | utility or electric or gas cooperative makes an affirmative | 26 | | decision to
impose the
charge. If a municipal electric or gas |
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| 1 | | utility or an electric
cooperative makes an affirmative | 2 | | decision to impose the charge provided by
this
Section, the | 3 | | municipal electric or gas utility or electric cooperative | 4 | | shall
inform the
Department of Revenue in writing of such | 5 | | decision when it begins to impose the
charge. If a municipal | 6 | | electric or gas utility or electric or gas
cooperative does | 7 | | not
assess
this charge, the Department may not use funds from | 8 | | the Supplemental Low-Income
Energy Assistance Fund to provide | 9 | | benefits to its customers under the program
authorized by | 10 | | Section 4 of this Act.
| 11 | | In its use of federal funds under this Act, the Department | 12 | | may not cause a
disproportionate share of those federal funds | 13 | | to benefit customers of systems
which do not assess the charge | 14 | | provided by this Section.
| 15 | | This Section is repealed on January 1, 2025
unless
renewed | 16 | | by action of the General Assembly.
| 17 | | (Source: P.A. 99-457, eff. 1-1-16; 99-906, eff. 6-1-17; | 18 | | 99-933, eff. 1-27-17; 100-863, eff. 8-14-18; 100-1171, eff. | 19 | | 1-4-19.)
| 20 | | (305 ILCS 20/18) | 21 | | Sec. 18. Financial assistance; payment plans. | 22 | | (a) The Percentage of Income Payment Plan (PIPP or PIP | 23 | | Plan) is hereby created as a mandatory bill payment assistance | 24 | | program for low-income residential customers of utilities | 25 | | serving more than 25,000 100,000 retail customers as of |
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| 1 | | January 1, 2021 2009 . The PIP Plan will: | 2 | | (1) bring participants' gas and electric bills into | 3 | | the range of affordability; | 4 | | (2) provide incentives for participants to make timely | 5 | | payments; | 6 | | (3) encourage participants to reduce usage and | 7 | | participate in conservation and energy efficiency measures | 8 | | that reduce the customer's bill and payment requirements; | 9 | | and | 10 | | (4) identify participants whose homes are most in need | 11 | | of weatherization ; and . | 12 | | (5) endeavor to maximize participation and spend at | 13 | | least 80% of the funding available for the year. | 14 | | (b) For purposes of this Section: | 15 | | (1) "LIHEAP" means the energy assistance program | 16 | | established under the Illinois Energy Assistance Act and | 17 | | the Low-Income Home Energy Assistance Act of 1981. | 18 | | (2) "Plan participant" is an eligible participant who | 19 | | is also eligible for the PIPP and who will receive either a | 20 | | percentage of income payment credit under the PIPP | 21 | | criteria set forth in this Act or a benefit pursuant to | 22 | | Section 4 of this Act. Plan participants are a subset of | 23 | | eligible participants. | 24 | | (3) "Pre-program arrears" means the amount a plan | 25 | | participant owes for gas or electric service at the time | 26 | | the participant is determined to be eligible for the PIPP |
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| 1 | | or the program set forth in Section 4 of this Act. | 2 | | (4) "Eligible participant" means any person who has | 3 | | applied for, been accepted and is receiving residential | 4 | | service from a gas or electric utility and who is also | 5 | | eligible for LIHEAP or otherwise satisfies the eligibility | 6 | | criteria set forth in paragraph (1) of subsection (c) . | 7 | | (c) The PIP Plan shall be administered as follows: | 8 | | (1) The Department shall coordinate with Local | 9 | | Administrative Agencies (LAAs), to determine eligibility | 10 | | for the Illinois Low Income Home Energy Assistance Program | 11 | | (LIHEAP) pursuant to the Energy Assistance Act, provided | 12 | | that eligible income shall be no more than 150% of the | 13 | | poverty level or 60% of the State median income , except | 14 | | that for the period from the effective date of this | 15 | | amendatory Act of the 101st General Assembly through June | 16 | | 30, 2021, eligible income shall be no more than 200% of the | 17 | | poverty level. Applicants will be screened to determine | 18 | | whether the applicant's projected payments for electric | 19 | | service or natural gas service over a 12-month period | 20 | | exceed the criteria established in this Section. The | 21 | | Department, in consultation with the Policy Advisory | 22 | | Council, may adjust the percentage of poverty level | 23 | | annually to determine income eligibility. To maintain the | 24 | | financial integrity of the program, the Department may | 25 | | limit eligibility to households with income below 125% of | 26 | | the poverty level. |
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| 1 | | (2) The Department shall establish the percentage of | 2 | | income formula to determine the amount of a monthly credit | 3 | | for participants with eligible income based on poverty | 4 | | level. , not to exceed $150 per month per household, not to | 5 | | exceed $1,800 annually; however, for the period from the | 6 | | effective date of this amendatory Act of the 101st General | 7 | | Assembly through June 30, 2021, the monthly credit for | 8 | | participants with eligible income over 100% of the poverty | 9 | | level may be as much as $200 per month per household, not | 10 | | to exceed $2,400 annually, and, the monthly credit for | 11 | | participants with eligible income 100% or less of the | 12 | | poverty level may be as much as $250 per month per | 13 | | household, not to exceed $3,000 annually. Credits will be | 14 | | applied to PIP Plan participants' utility bills based on | 15 | | the portion of the bill that is the responsibility of the | 16 | | participant provided that the percentage shall be no more | 17 | | than a total of 6% of the relevant income for gas and | 18 | | electric utility bills combined, but in any event no less | 19 | | than $10 per month, unless the household does not pay | 20 | | directly for heat, in which case its payment shall be 2.4% | 21 | | of income but in any event no less than $5 per month. The | 22 | | Department , in consultation with the Policy Advisory | 23 | | Council, may adjust such monthly credit amounts annually | 24 | | and may establish a minimum credit amount based on the | 25 | | cost of administering the program and may deny credits to | 26 | | otherwise eligible participants if the cost of |
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| 1 | | administering the credit exceeds the actual amount of any | 2 | | monthly credit to a participant. If the participant takes | 3 | | both gas and electric service, 50% 66.67% of the credit | 4 | | shall be allocated to the entity that provides the | 5 | | participant's primary energy supply for heating. Each | 6 | | participant shall enter into a levelized payment plan for, | 7 | | as applicable, gas and electric service and such plans | 8 | | shall be implemented by the utility so that a | 9 | | participant's usage and required payments are reviewed and | 10 | | adjusted regularly, but no more frequently than quarterly.
| 11 | | Nothing in this Section is intended to prohibit a | 12 | | customer, who is otherwise eligible for LIHEAP, from | 13 | | participating in the program described in Section 4 of | 14 | | this Act. Eligible participants who receive such a benefit | 15 | | shall be considered plan participants and shall be | 16 | | eligible to participate in the Arrearage Reduction Program | 17 | | described in item (5) of this subsection (c). | 18 | | (3) The Department shall remit, through the LAAs, to | 19 | | the utility or participating alternative supplier that | 20 | | portion of the plan participant's bill that is not the | 21 | | responsibility of the participant. In the event that the | 22 | | Department fails to timely remit payment to the utility, | 23 | | the utility shall be entitled to recover all costs related | 24 | | to such nonpayment through the automatic adjustment clause | 25 | | tariffs established pursuant to Section 16-111.8 and | 26 | | Section 19-145 of the Public Utilities Act. For purposes |
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| 1 | | of this item (3) of this subsection (c), payment is due on | 2 | | the date specified on the participant's bill. The | 3 | | Department, the Department of Revenue and LAAs shall adopt | 4 | | processes that provide for the timely payment required by | 5 | | this item (3) of this subsection (c). | 6 | | (4) A plan participant is responsible for all actual | 7 | | charges for utility service in excess of the PIPP credit. | 8 | | Pre-program arrears that are included in the Arrearage | 9 | | Reduction Program described in item (5) of this subsection | 10 | | (c) shall not be included in the calculation of the | 11 | | levelized payment plan. Emergency or crisis assistance | 12 | | payments shall not affect the amount of any PIPP credit to | 13 | | which a participant is entitled. | 14 | | (5) Electric and gas utilities subject to this Section | 15 | | shall implement an Arrearage Reduction Program (ARP) for | 16 | | plan participants as follows: for each month that a plan | 17 | | participant timely pays his or her utility bill, the | 18 | | utility shall apply a credit to a portion of the | 19 | | participant's pre-program arrears, if any, equal to | 20 | | one-twelfth of such arrearage provided that the total | 21 | | amount of arrearage credits shall equal no more than | 22 | | $1,000 annually for each participant for gas and no more | 23 | | than $1,000 annually for each participant for electricity. | 24 | | In the third year of the PIPP, the Department, in | 25 | | consultation with the Policy Advisory Council established | 26 | | pursuant to Section 5 of this Act, shall determine by rule |
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| 1 | | an appropriate per participant total cap on such amounts, | 2 | | if any. Those plan participants participating in the ARP | 3 | | shall not be subject to the imposition of any additional | 4 | | late payment fees on pre-program arrears covered by the | 5 | | ARP. In all other respects, the utility shall bill and | 6 | | collect the monthly bill of a plan participant pursuant to | 7 | | the same rules, regulations, programs and policies as | 8 | | applicable to residential customers generally. | 9 | | Participation in the Arrearage Reduction Program shall be | 10 | | limited to the maximum amount of funds available as set | 11 | | forth in subsection (f) of Section 13 of this Act. In the | 12 | | event any donated funds under Section 13 of this Act are | 13 | | specifically designated for the purpose of funding the | 14 | | ARP, the Department shall remit such amounts to the | 15 | | utilities upon verification that such funds are needed to | 16 | | fund the ARP. Nothing in this Section shall preclude a | 17 | | utility from continuing to implement, and apply credits | 18 | | under, an ARP in the event that the PIPP or LIHEAP is | 19 | | suspended due to lack of funding such that the plan | 20 | | participant does not receive a benefit under either the | 21 | | PIPP or LIHEAP. | 22 | | (5.5) In addition to the ARP described in paragraph | 23 | | (5) of this subsection (c), utilities may also implement a | 24 | | Supplemental Arrearage Reduction Program (SARP) for | 25 | | eligible participants who are not able to become plan | 26 | | participants due to PIPP timing or funding constraints. If |
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| 1 | | a utility elects to implement a SARP, it shall be | 2 | | administered as follows: for each month that a SARP | 3 | | participant timely pays his or her utility bill, the | 4 | | utility shall apply a credit to a portion of the | 5 | | participant's pre-program arrears, if any, equal to | 6 | | one-twelfth of such arrearage, provided that the utility | 7 | | may limit the total amount of arrearage credits to no more | 8 | | than $1,000 annually for each participant for gas and no | 9 | | more than $1,000 annually for each participant for | 10 | | electricity. SARP participants shall not be subject to the | 11 | | imposition of any additional late payment fees on | 12 | | pre-program arrears covered by the SARP. In all other | 13 | | respects, the utility shall bill and collect the monthly | 14 | | bill of a SARP participant under the same rules, | 15 | | regulations, programs, and policies as applicable to | 16 | | residential customers generally. Participation in the SARP | 17 | | shall be limited to the maximum amount of funds available | 18 | | as set forth in subsection (f) of Section 13 of this Act. | 19 | | In the event any donated funds under Section 13 of this Act | 20 | | are specifically designated for the purpose of funding the | 21 | | SARP, the Department shall remit such amounts to the | 22 | | utilities upon verification that such funds are needed to | 23 | | fund the SARP. | 24 | | (6) The Department may terminate a plan participant's | 25 | | eligibility for the PIP Plan upon notification by the | 26 | | utility that the participant's monthly utility payment is |
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| 1 | | more than 75 45 days past due. One-twelfth of a customer's | 2 | | arrearage shall be deducted from the total arrearage owed | 3 | | for each on-time payment made by the customer. | 4 | | (7) The Department, in consultation with the Policy | 5 | | Advisory Council, may adjust the number of PIP Plan | 6 | | participants annually, if necessary, to match the | 7 | | availability of funds. Any plan participant who qualifies | 8 | | for a PIPP credit under a utility's PIPP shall be entitled | 9 | | to participate in and receive a credit under such | 10 | | utility's ARP for so long as such utility has ARP funds | 11 | | available, regardless of whether the customer's | 12 | | participation under another utility's PIPP or ARP has been | 13 | | curtailed or limited because of a lack of funds. | 14 | | (8) The Department shall fully implement the PIPP at | 15 | | the earliest possible date it is able to effectively | 16 | | administer the PIPP. Within 90 days of the effective date | 17 | | of this amendatory Act of the 96th General Assembly, the | 18 | | Department shall, in consultation with utility companies, | 19 | | participating alternative suppliers, LAAs and the Illinois | 20 | | Commerce Commission (Commission), issue a detailed | 21 | | implementation plan which shall include detailed testing | 22 | | protocols and analysis of the capacity for implementation | 23 | | by the LAAs and utilities. Such consultation process also | 24 | | shall address how to implement the PIPP in the most | 25 | | cost-effective and timely manner, and shall identify | 26 | | opportunities for relying on the expertise of utilities, |
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| 1 | | LAAs and the Commission. Following the implementation of | 2 | | the testing protocols, the Department shall issue a | 3 | | written report on the feasibility of full or gradual | 4 | | implementation. The PIPP shall be fully implemented by | 5 | | September 1, 2011, but may be phased in prior to that date. | 6 | | (9) As part of the screening process established under | 7 | | item (1) of this subsection (c), the Department and LAAs | 8 | | shall assess whether any energy efficiency or demand | 9 | | response measures are available to the plan participant at | 10 | | no cost, and if so, the participant shall enroll in any | 11 | | such program for which he or she is eligible. The LAAs | 12 | | shall assist the participant in the applicable enrollment | 13 | | or application process. | 14 | | (10) Each alternative retail electric and gas supplier | 15 | | serving residential customers shall elect whether to | 16 | | participate in the PIPP or ARP described in this Section. | 17 | | Any such supplier electing to participate in the PIPP | 18 | | shall provide to the Department such information as the | 19 | | Department may require, including, without limitation, | 20 | | information sufficient for the Department to determine the | 21 | | proportionate allocation of credits between the | 22 | | alternative supplier and the utility. If a utility in | 23 | | whose service territory an alternative supplier serves | 24 | | customers contributes money to the ARP fund which is not | 25 | | recovered from ratepayers, then an alternative supplier | 26 | | which participates in ARP in that utility's service |
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| 1 | | territory shall also contribute to the ARP fund in an | 2 | | amount that is commensurate with the number of alternative | 3 | | supplier customers who elect to participate in the | 4 | | program. | 5 | | (11) The PIPP shall be designed and implemented each | 6 | | year to maximize participation and spend at least 80% of | 7 | | the funding available for the year. | 8 | | (d) The Department, in consultation with the Policy | 9 | | Advisory Council, shall develop and implement a program to | 10 | | educate customers about the PIP Plan and about their rights | 11 | | and responsibilities under the percentage of income component. | 12 | | The Department, in consultation with the Policy Advisory | 13 | | Council, shall establish a process that LAAs shall use to | 14 | | contact customers in jeopardy of losing eligibility due to | 15 | | late payments. The Department shall ensure that LAAs are | 16 | | adequately funded to perform all necessary educational tasks. | 17 | | (e) The PIPP shall be administered in a manner which | 18 | | ensures that credits to plan participants will not be counted | 19 | | as income or as a resource in other means-tested assistance | 20 | | programs for low-income households or otherwise result in the | 21 | | loss of federal or State assistance dollars for low-income | 22 | | households. | 23 | | (f) In order to ensure that implementation costs are | 24 | | minimized, the Department and utilities shall work together to | 25 | | identify cost-effective ways to transfer information | 26 | | electronically and to employ available protocols that will |
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| 1 | | minimize their respective administrative costs as follows: | 2 | | (1) The Commission may require utilities to provide | 3 | | such information on customer usage and billing and payment | 4 | | information as required by the Department to implement the | 5 | | PIP Plan and to provide written notices and communications | 6 | | to plan participants. | 7 | | (2) Each utility and participating alternative | 8 | | supplier shall file annual reports with the Department and | 9 | | the Commission that cumulatively summarize and update | 10 | | program information as required by the Commission's rules. | 11 | | The reports shall track implementation costs and contain | 12 | | such information as is necessary to evaluate the success | 13 | | of the PIPP. | 14 | | (2.5) The Department shall annually prepare and submit | 15 | | a report to the General Assembly, the Commission, and the | 16 | | Policy Advisory Council that identifies the following | 17 | | amounts for the most recently completed year: total monies | 18 | | collected under subsection (b) of Section 13 of this Act | 19 | | for all PIPPs implemented in the State; monies allocated | 20 | | to each utility for implementation of its PIPP; and monies | 21 | | allocated to each utility for other purposes, including a | 22 | | description of each of those purposes. The Commission | 23 | | shall publish the report on its website. | 24 | | (3) The Department and the Commission shall have the | 25 | | authority to promulgate rules and regulations necessary to | 26 | | execute and administer the provisions of this Section. |
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| 1 | | (g) Each utility shall be entitled to recover reasonable | 2 | | administrative and operational costs incurred to comply with | 3 | | this Section from the Supplemental Low Income Energy | 4 | | Assistance Fund. The utility may net such costs against monies | 5 | | it would otherwise remit to the Funds, and each utility shall | 6 | | include in the annual report required under subsection (f) of | 7 | | this Section an accounting for the funds collected.
| 8 | | (Source: P.A. 101-636, eff. 6-10-20.) | 9 | | (305 ILCS 20/20 new) | 10 | | Sec. 20. Expanded eligibility. All programs pursuant to | 11 | | this Act shall be available to eligible low-income Illinois | 12 | | residents who qualify for assistance under Sections 6 and 18, | 13 | | regardless of immigration status, using the Supplemental | 14 | | Low-Income Energy Assistance Fund for customers of utilities | 15 | | and vendors that collect the Energy Assistance Charge and pay | 16 | | into the Supplemental Low-Income Energy Assistance Fund.
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