Full Text of SB0124 95th General Assembly
SB0124sam001 95TH GENERAL ASSEMBLY
|
Sen. Kwame Raoul
Filed: 3/23/2007
|
|
09500SB0124sam001 |
|
LRB095 04480 DRJ 34452 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 124
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 124 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Energy Assistance Act is amended by | 5 |
| changing Section 13 and by adding Section 17.5 as follows:
| 6 |
| (305 ILCS 20/13)
| 7 |
| (Section scheduled to be repealed on December 31, 2007) | 8 |
| Sec. 13. Supplemental Low-Income Energy Assistance Fund.
| 9 |
| (a) The Supplemental Low-Income Energy Assistance
Fund is | 10 |
| hereby created as a special fund in the State
Treasury. The | 11 |
| Supplemental Low-Income Energy Assistance Fund
is authorized | 12 |
| to receive moneys from voluntary donations from individuals, | 13 |
| foundations, corporations, and other sources, moneys received | 14 |
| pursuant to Section 17 and Section 17.5 , and, by statutory | 15 |
| deposit, the moneys
collected pursuant to this Section. The | 16 |
| Fund is also authorized to receive voluntary donations from |
|
|
|
09500SB0124sam001 |
- 2 - |
LRB095 04480 DRJ 34452 a |
|
| 1 |
| individuals, foundations, corporations, and other sources, as | 2 |
| well as contributions made in accordance with Section 507MM of | 3 |
| the Illinois Income Tax Act. Subject to appropriation,
the | 4 |
| Department shall use
moneys from the Supplemental Low-Income | 5 |
| Energy Assistance Fund
for payments to electric or gas public | 6 |
| utilities,
municipal electric or gas utilities, and electric | 7 |
| cooperatives
on behalf of their customers who are participants | 8 |
| in the
program authorized by Section 4 of this Act, for the | 9 |
| provision of
weatherization services and for
administration of | 10 |
| the Supplemental Low-Income Energy
Assistance Fund. The yearly | 11 |
| expenditures for weatherization may not exceed 10%
of the | 12 |
| amount collected during the year pursuant to this Section. The | 13 |
| yearly administrative expenses of the
Supplemental Low-Income | 14 |
| Energy Assistance Fund may not exceed
10% of the amount | 15 |
| collected during that year
pursuant to this Section.
| 16 |
| (b) Notwithstanding the provisions of Section 16-111
of the | 17 |
| Public Utilities Act but subject to subsection (k) of this | 18 |
| Section,
each public utility, electric
cooperative, as defined | 19 |
| in Section 3.4 of the Electric Supplier Act,
and municipal | 20 |
| utility, as referenced in Section 3-105 of the Public Utilities
| 21 |
| Act, that is engaged in the delivery of electricity or the
| 22 |
| distribution of natural gas within the State of Illinois
shall, | 23 |
| effective January 1, 1998,
assess each of
its customer accounts | 24 |
| a monthly Energy Assistance Charge for
the Supplemental | 25 |
| Low-Income Energy Assistance Fund.
The delivering public | 26 |
| utility, municipal electric or gas utility, or electric
or gas
|
|
|
|
09500SB0124sam001 |
- 3 - |
LRB095 04480 DRJ 34452 a |
|
| 1 |
| cooperative for a self-assessing purchaser remains subject to | 2 |
| the collection of
the
fee imposed by this Section.
The
monthly | 3 |
| charge shall be as follows:
| 4 |
| (1) $0.40 per month on each account for
residential | 5 |
| electric service;
| 6 |
| (2) $0.40 per month on each account for
residential gas | 7 |
| service;
| 8 |
| (3) $4 per month on each account for non-residential | 9 |
| electric service
which had less than 10 megawatts
of peak | 10 |
| demand during the previous calendar year;
| 11 |
| (4) $4 per month on each account for non-residential | 12 |
| gas service which
had distributed to it less than
4,000,000 | 13 |
| therms of gas during the previous calendar year;
| 14 |
| (5) $300 per month on each account for non-residential | 15 |
| electric service
which had 10 megawatts or greater
of peak | 16 |
| demand during the previous calendar year; and
| 17 |
| (6) $300 per month on each account for non-residential | 18 |
| gas service
which had 4,000,000 or more therms of
gas | 19 |
| distributed to it during the previous calendar year.
| 20 |
| (c) For purposes of this Section:
| 21 |
| (1) "residential electric service" means
electric | 22 |
| utility service for household purposes delivered to a
| 23 |
| dwelling of 2 or fewer units which is billed under a
| 24 |
| residential rate, or electric utility service for | 25 |
| household
purposes delivered to a dwelling unit or units | 26 |
| which is billed
under a residential rate and is registered |
|
|
|
09500SB0124sam001 |
- 4 - |
LRB095 04480 DRJ 34452 a |
|
| 1 |
| by a separate meter
for each dwelling unit;
| 2 |
| (2) "residential gas service" means gas utility
| 3 |
| service for household purposes distributed to a dwelling of
| 4 |
| 2 or fewer units which is billed under a residential rate,
| 5 |
| or gas utility service for household purposes distributed | 6 |
| to a
dwelling unit or units which is billed under a | 7 |
| residential
rate and is registered by a separate meter for | 8 |
| each dwelling
unit;
| 9 |
| (3) "non-residential electric service" means
electric | 10 |
| utility service which is not residential electric
service; | 11 |
| and
| 12 |
| (4) "non-residential gas service" means gas
utility | 13 |
| service which is not residential gas service.
| 14 |
| (d) At least 45 days prior to the date on which it
must | 15 |
| begin assessing Energy Assistance Charges, each public
utility | 16 |
| engaged in the delivery of electricity or the
distribution of | 17 |
| natural gas shall file with the Illinois
Commerce Commission | 18 |
| tariffs incorporating the Energy
Assistance Charge in other | 19 |
| charges stated in such tariffs.
| 20 |
| (e) The Energy Assistance Charge assessed by
electric and | 21 |
| gas public utilities shall be considered a charge
for public | 22 |
| utility service.
| 23 |
| (f) By the 20th day of the month following the month in | 24 |
| which the charges
imposed by the Section were collected, each | 25 |
| public
utility,
municipal utility, and electric cooperative | 26 |
| shall remit to the
Department of Revenue all moneys received as |
|
|
|
09500SB0124sam001 |
- 5 - |
LRB095 04480 DRJ 34452 a |
|
| 1 |
| payment of the
Energy Assistance Charge on a return prescribed | 2 |
| and furnished by the
Department of Revenue showing such | 3 |
| information as the Department of Revenue may
reasonably | 4 |
| require. If a customer makes a partial payment, a public
| 5 |
| utility, municipal
utility, or electric cooperative may elect | 6 |
| either: (i) to apply
such partial payments first to amounts | 7 |
| owed to the
utility or cooperative for its services and then to | 8 |
| payment
for the Energy Assistance Charge or (ii) to apply such | 9 |
| partial payments
on a pro-rata basis between amounts owed to | 10 |
| the
utility or cooperative for its services and to payment for | 11 |
| the
Energy Assistance Charge.
| 12 |
| (g) The Department of Revenue shall deposit into the
| 13 |
| Supplemental Low-Income Energy Assistance Fund all moneys
| 14 |
| remitted to it in accordance with subsection (f) of this
| 15 |
| Section.
| 16 |
| (h) (Blank).
| 17 |
| On or before December 31, 2002, the Department shall
| 18 |
| prepare a report for the General Assembly on the expenditure of | 19 |
| funds
appropriated from the Low-Income Energy Assistance Block | 20 |
| Grant Fund for the
program authorized under Section 4 of this | 21 |
| Act.
| 22 |
| (i) The Department of Revenue may establish such
rules as | 23 |
| it deems necessary to implement this Section.
| 24 |
| (j) The Department of Healthcare and Family Services | 25 |
| Economic Opportunity
may establish such rules as it deems | 26 |
| necessary to implement
this Section.
|
|
|
|
09500SB0124sam001 |
- 6 - |
LRB095 04480 DRJ 34452 a |
|
| 1 |
| (k) The charges imposed by this Section shall only apply to | 2 |
| customers of
municipal electric or gas utilities and electric | 3 |
| or gas cooperatives if
the municipal
electric or gas
utility or | 4 |
| electric or gas cooperative makes an affirmative decision to
| 5 |
| impose the
charge. If a municipal electric or gas utility or an | 6 |
| electric
cooperative makes an affirmative decision to impose | 7 |
| the charge provided by
this
Section, the municipal electric or | 8 |
| gas utility or electric cooperative shall
inform the
Department | 9 |
| of Revenue in writing of such decision when it begins to impose | 10 |
| the
charge. If a municipal electric or gas utility or electric | 11 |
| or gas
cooperative does not
assess
this charge, the Department | 12 |
| may not use funds from the Supplemental Low-Income
Energy | 13 |
| Assistance Fund to provide benefits to its customers under the | 14 |
| program
authorized by Section 4 of this Act.
| 15 |
| In its use of federal funds under this Act, the Department | 16 |
| may not cause a
disproportionate share of those federal funds | 17 |
| to benefit customers of systems
which do not assess the charge | 18 |
| provided by this Section.
| 19 |
| This Section is repealed effective December 31, 2008
2007 | 20 |
| unless
renewed by action of the General Assembly. The General | 21 |
| Assembly shall
consider the results of the evaluations | 22 |
| described in Section 8 in its
deliberations.
| 23 |
| (Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06; | 24 |
| 94-817, eff. 5-30-06; revised 8-3-06.)
| 25 |
| (305 ILCS 20/17.5 new) |
|
|
|
09500SB0124sam001 |
- 7 - |
LRB095 04480 DRJ 34452 a |
|
| 1 |
| Sec. 17.5. Additional transfer into Supplemental | 2 |
| Low-Income
Energy Assistance Fund. Immediately upon the | 3 |
| effective date of this amendatory Act of the 95th General | 4 |
| Assembly, but no later than 5 business days after that | 5 |
| effective date, the Treasurer of the State of Illinois shall | 6 |
| transfer into the Supplemental Low-Income
Energy Assistance | 7 |
| Fund 50% of the average amount of Gas Revenue Tax paid per | 8 |
| residential gas utility customer in State fiscal year 2006 | 9 |
| multiplied by the number of residential gas utility customers | 10 |
| that received assistance from the Low Income Home Energy | 11 |
| Assistance Program during the State fiscal year 2006 winter | 12 |
| heating season.
| 13 |
| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.".
|
|