Full Text of SB2579 94th General Assembly
SB2579 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2579
Introduced 1/20/2006, by Sen. Jacqueline Y. Collins SYNOPSIS AS INTRODUCED: |
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20 ILCS 625/2 |
from Ch. 127, par. 2602 |
30 ILCS 105/5.670 new |
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30 ILCS 105/8h |
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35 ILCS 5/507MM new |
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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 |
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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 |
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305 ILCS 20/15 new |
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305 ILCS 20/16 new |
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305 ILCS 22/5 |
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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.
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A BILL FOR
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SB2579 |
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LRB094 16023 DRJ 53305 b |
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| AN ACT concerning public aid.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 2. The Illinois Economic Opportunity Act is amended | 5 |
| by changing Section 2 as follows:
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| (20 ILCS 625/2) (from Ch. 127, par. 2602)
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| 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.
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| (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.
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| (Source: P.A. 87-926; revised 12-6-03.)
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| Section 5. The State Finance Act is amended by changing |
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| 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)
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| 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
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| 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
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| 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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| 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.
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| 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.
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| 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.
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| (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.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, |
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| 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.)
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| 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:
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| (65 ILCS 5/11-117-12.1) (from Ch. 24, par. 11-117-12.1)
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| Sec. 11-117-12.1. Termination of gas or electric service.
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| (a) No gas or electric service furnished to residential users
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| 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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| temperature will be 20 degrees Fahrenheit or below during the | 2 |
| holiday
or weekend.
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| (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.
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| (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.
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| (Source: P.A. 81-986.)
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| 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:
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| (220 ILCS 5/8-205) (from Ch. 111 2/3, par. 8-205)
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| 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 : ,
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| 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
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| 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
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| 3. in the case of any household participating or eligible | 31 |
| to participate under Section 6 of the Energy Assistance Act .
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| (Source: P.A. 84-617.)
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| (220 ILCS 5/8-206) (from Ch. 111 2/3, par. 8-206)
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| Sec. 8-206. Winter termination for nonpayment.
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| (a) Notwithstanding any other provision of this Act, no
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| electric or gas public utility or electric or gas cooperative
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| shall disconnect service to any residential
customer or | 5 |
| mastermetered apartment building for nonpayment of a bill or
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| 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:
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| (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;
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| (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
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| (3) All notice requirements as provided by law and rules or | 29 |
| regulations
of the Commission have been met.
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| (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:
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| (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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| customer's premises or by first class
mail, informing the | 2 |
| customer that:
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| (i) the customer's account is in arrears and the customer's | 4 |
| service is
subject to termination for nonpayment of a bill;
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| (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;
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| (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.
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| 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.
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| (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
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| 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.
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| (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:
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| (1) Enter into a deferred payment arrangement and the |
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| option to enter
into a levelized payment plan for the payment | 2 |
| of future bills.
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| (2) Contact a governmental or private agency that may | 4 |
| provide assistance
to customers for the payment of public | 5 |
| utility bills.
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| (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
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| termination of service.
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| (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.
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| (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
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| arrangement under this Section with any residential customer or
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| mastermetered apartment building during the period from | 26 |
| December 1 through
and including March 31 of the immediately | 27 |
| succeeding calendar year.
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| (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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| the utility's common business practice.
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| (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.
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| (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.
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| (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:
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| (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.
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| (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;
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| (3) the program of employee education and information which | 27 |
| shall be used
by the company in the implementation of this | 28 |
| Section.
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| (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.
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| 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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| December 1 of any year.
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| 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.
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| (k) Notwithstanding any other provision of this Act, no
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| electric or gas public utility or electric or gas cooperative
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| 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
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| 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 .
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| (Source: P.A. 93-289, eff. 7-22-03.)
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| (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:
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| 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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| 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
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| aforesaid manner.
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| 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:
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| (1) the amount past due;
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| (2) the former customer's ability to pay;
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| (3) the former customer's payment history;
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| (4) the reasons for the accumulation of the past due | 19 |
| amounts; and
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| (5) any other relevant factors relating to the former | 21 |
| customer's
circumstances.
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| 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.
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| 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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| 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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| 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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| 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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| (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.
|
|