Illinois General Assembly - Full Text of HB2380
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Full Text of HB2380  93rd General Assembly

HB2380 93rd General Assembly


093_HB2380

 
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 1        AN ACT concerning public utilities.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The State Finance Act is  amended  by  adding
 5    Section 5.595 as follows:

 6        (30 ILCS 105/5.595 new)
 7        Sec. 5.595.  The Universal Service Surcharge Fund.

 8        Section  10.  The  Public  Utilities  Act  is  amended by
 9    adding Sections 8-207.5 and 9-222.4 as follows:

10        (220 ILCS 5/8-207.5 new)
11        Sec. 8-207.5.  Percentage of Income Payment Plan.
12        (a)  An electric or  gas  public  utility  that  provides
13    service  to  consumers  in  Illinois shall participate in the
14    Percentage of  Income  Payment  Plan  established  under  the
15    Energy Assistance Act of 1989.
16        (b)  As  a part of the percentage of income payment plan,
17    an  electric  or  gas  public  utility  shall  establish  and
18    implement an arrearage forgiveness program for consumers  who
19    are  participating  in  the  plan.  The arrearage forgiveness
20    program shall provide that  one-twelfth  of  a  participant's
21    arrearage   shall   be   forgiven   for  every  3  months  of
22    participation in the plan.
23        (c)  Notwithstanding any other provision of this Act,  an
24    electric  or gas public utility may not disconnect service to
25    any  residential  customer  who  is  a  participant  in   the
26    Percentage of Income Payment Plan.

27        (220 ILCS 5/9-222.4 new)
28        Sec. 9-222.4.  Universal Service Fund Surcharge.
 
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 1        (a)  The   Commission   shall   establish   a   surcharge
 2    (universal  service  rider) to be imposed by a public utility
 3    upon gas and electricity service  provided  to  consumers  in
 4    this  State.  The  amount  that  may  be  recovered under the
 5    universal service rider for a given year shall be limited  to
 6    the  amount  by which the cost of gas or electricity provided
 7    to  consumers  participating  in  the  Percentage  of  Income
 8    Payment Plan exceeds the amount paid by those  consumers  for
 9    gas  or  electricity.  The  amount  of the surcharge shall be
10    adjusted each year  to  reflect  the  actual  costs  incurred
11    during the previous year.
12        (b)  Moneys  received  under  the universal service rider
13    shall be paid  to  the  Commission  and  deposited  into  the
14    Universal  Service  Surcharge  Fund,  a  special  fund hereby
15    created in the State Treasury. Subject to appropriation,  the
16    moneys  in the Universal Service Surcharge Fund shall be used
17    to pay providers of gas or electricity the  amount  by  which
18    the   cost  of  gas  or  electricity  provided  to  consumers
19    participating  in  the  Percentage  of  Income  Payment  Plan
20    exceeded the amount paid by those consumers to  the  provider
21    for that gas or electricity.

22        Section 15.  The Energy Assistance Act of 1989 is amended
23    by adding Section 4.5 as follows:

24        (305 ILCS 20/4.5 new)
25        Sec. 4.5.  Percentage of Income Payment Plan.
26        (a)  In   addition   to  the  energy  assistance  program
27    established under Section 4, the Department shall institute a
28    Percentage of Income  Payment  Plan  to  further  ensure  the
29    availability  of  heating  and electric service to low income
30    citizens. The Department shall implement the  plan  by  rule.
31    The  plan  shall  be  consistent  with the objectives of this
32    Section. The Department shall ensure  that  the  plan  is  in
 
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 1    operation  by  November  1,  2004,  and  may  enter into such
 2    contracts and other agreements with local agencies as may  be
 3    necessary for the purpose of administering the plan.
 4        (b)  The  plan  shall  be  coordinated  with  the  energy
 5    assistance  program.  Application  for benefits shall be made
 6    jointly for both the Percentage of Income  Payment  Plan  and
 7    the   energy   assistance   program.  An  applicant  for  the
 8    Percentage of Income Payment Plan must  also  apply  for  the
 9    energy    assistance    program.   In   determining   benefit
10    distribution under the  energy  assistance  program  and  the
11    Percentage  of  Income  Payment  Plan,  the  Department shall
12    consider  utility  prices,  household   size,   income,   and
13    geographic location. The amounts distributed under the energy
14    assistance  program  shall not exceed 40% of energy costs for
15    the lowest income level of eligible  households  nor  15%  of
16    energy  costs  for  the  highest  income  level  of  eligible
17    households.
18        (c)  In order to be eligible for the Percentage of Income
19    Payment  Plan, an applicant must have a household income that
20    is at or below 150% of the federal poverty level. A  resident
21    eligible  to participate in the plan shall be required to pay
22    no more than 6% of his or  her  annual  income  for  gas  and
23    electric  service. A resident whose household income is at or
24    below 50% of the federal poverty level shall be  required  to
25    pay  no  more than 3% of his or her annual income for gas and
26    electric  service.  For  purposes  of  this   subsection,   a
27    consumer's  annual gas and electric costs shall be determined
28    after deducting any amounts the consumer receives  under  the
29    energy  assistance  program  and  all other energy assistance
30    programs.