Illinois General Assembly - Full Text of HB0594
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB0594  102nd General Assembly

HB0594sam003 102ND GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 10/28/2021

 

 


 

 


 
10200HB0594sam003LRB102 10655 AMC 30306 a

1
AMENDMENT TO HOUSE BILL 594

2    AMENDMENT NO. ______. Amend House Bill 594, AS AMENDED,
3with reference to page and line numbers of Senate Amendment
4No. 2, on page 2, line 3, by replacing "Sections 4.32 and 4.37"
5with "Section 4.32"; and
 
6on page 3, by deleting lines 3 through 16; and
 
7on page 3, immediately above line 17, by inserting the
8following:
 
9    "Section 18. The State Budget Law of the Civil
10Administrative Code of Illinois is amended by changing Section
1150-5 as follows:
 
12    (15 ILCS 20/50-5)
13    Sec. 50-5. Governor to submit State budget.
14    (a) The Governor shall, as soon as possible and not later

 

 

10200HB0594sam003- 2 -LRB102 10655 AMC 30306 a

1than the second Wednesday in March in 2010 (March 10, 2010),
2the third Wednesday in February in 2011, the fourth Wednesday
3in February in 2012 (February 22, 2012), the first Wednesday
4in March in 2013 (March 6, 2013), the fourth Wednesday in March
5in 2014 (March 26, 2014), the first Wednesday in February in
62022 (February 2, 2022), and the third Wednesday in February
7of each year thereafter, except as otherwise provided in this
8Section, submit a State budget, embracing therein the amounts
9recommended by the Governor to be appropriated to the
10respective departments, offices, and institutions, and for all
11other public purposes, the estimated revenues from taxation,
12and the estimated revenues from sources other than taxation.
13Except with respect to the capital development provisions of
14the State budget, beginning with the revenue estimates
15prepared for fiscal year 2012, revenue estimates shall be
16based solely on: (i) revenue sources (including non-income
17resources), rates, and levels that exist as of the date of the
18submission of the State budget for the fiscal year and (ii)
19revenue sources (including non-income resources), rates, and
20levels that have been passed by the General Assembly as of the
21date of the submission of the State budget for the fiscal year
22and that are authorized to take effect in that fiscal year.
23Except with respect to the capital development provisions of
24the State budget, the Governor shall determine available
25revenue, deduct the cost of essential government services,
26including, but not limited to, pension payments and debt

 

 

10200HB0594sam003- 3 -LRB102 10655 AMC 30306 a

1service, and assign a percentage of the remaining revenue to
2each statewide prioritized goal, as established in Section
350-25 of this Law, taking into consideration the proposed
4goals set forth in the report of the Commission established
5under that Section. The Governor shall also demonstrate how
6spending priorities for the fiscal year fulfill those
7statewide goals. The amounts recommended by the Governor for
8appropriation to the respective departments, offices and
9institutions shall be formulated according to each
10department's, office's, and institution's ability to
11effectively deliver services that meet the established
12statewide goals. The amounts relating to particular functions
13and activities shall be further formulated in accordance with
14the object classification specified in Section 13 of the State
15Finance Act. In addition, the amounts recommended by the
16Governor for appropriation shall take into account each State
17agency's effectiveness in achieving its prioritized goals for
18the previous fiscal year, as set forth in Section 50-25 of this
19Law, giving priority to agencies and programs that have
20demonstrated a focus on the prevention of waste and the
21maximum yield from resources.
22    Beginning in fiscal year 2011, the Governor shall
23distribute written quarterly financial reports on operating
24funds, which may include general, State, or federal funds and
25may include funds related to agencies that have significant
26impacts on State operations, and budget statements on all

 

 

10200HB0594sam003- 4 -LRB102 10655 AMC 30306 a

1appropriated funds to the General Assembly and the State
2Comptroller. The reports shall be submitted no later than 45
3days after the last day of each quarter of the fiscal year and
4shall be posted on the Governor's Office of Management and
5Budget's website on the same day. The reports shall be
6prepared and presented for each State agency and on a
7statewide level in an executive summary format that may
8include, for the fiscal year to date, individual itemizations
9for each significant revenue type as well as itemizations of
10expenditures and obligations, by agency, with an appropriate
11level of detail. The reports shall include a calculation of
12the actual total budget surplus or deficit for the fiscal year
13to date. The Governor shall also present periodic budget
14addresses throughout the fiscal year at the invitation of the
15General Assembly.
16    The Governor shall not propose expenditures and the
17General Assembly shall not enact appropriations that exceed
18the resources estimated to be available, as provided in this
19Section. Appropriations may be adjusted during the fiscal year
20by means of one or more supplemental appropriation bills if
21any State agency either fails to meet or exceeds the goals set
22forth in Section 50-25 of this Law.
23    For the purposes of Article VIII, Section 2 of the 1970
24Illinois Constitution, the State budget for the following
25funds shall be prepared on the basis of revenue and
26expenditure measurement concepts that are in concert with

 

 

10200HB0594sam003- 5 -LRB102 10655 AMC 30306 a

1generally accepted accounting principles for governments:
2        (1) General Revenue Fund.
3        (2) Common School Fund.
4        (3) Educational Assistance Fund.
5        (4) Road Fund.
6        (5) Motor Fuel Tax Fund.
7        (6) Agricultural Premium Fund.
8    These funds shall be known as the "budgeted funds". The
9revenue estimates used in the State budget for the budgeted
10funds shall include the estimated beginning fund balance, plus
11revenues estimated to be received during the budgeted year,
12plus the estimated receipts due the State as of June 30 of the
13budgeted year that are expected to be collected during the
14lapse period following the budgeted year, minus the receipts
15collected during the first 2 months of the budgeted year that
16became due to the State in the year before the budgeted year.
17Revenues shall also include estimated federal reimbursements
18associated with the recognition of Section 25 of the State
19Finance Act liabilities. For any budgeted fund for which
20current year revenues are anticipated to exceed expenditures,
21the surplus shall be considered to be a resource available for
22expenditure in the budgeted fiscal year.
23    Expenditure estimates for the budgeted funds included in
24the State budget shall include the costs to be incurred by the
25State for the budgeted year, to be paid in the next fiscal
26year, excluding costs paid in the budgeted year which were

 

 

10200HB0594sam003- 6 -LRB102 10655 AMC 30306 a

1carried over from the prior year, where the payment is
2authorized by Section 25 of the State Finance Act. For any
3budgeted fund for which expenditures are expected to exceed
4revenues in the current fiscal year, the deficit shall be
5considered as a use of funds in the budgeted fiscal year.
6    Revenues and expenditures shall also include transfers
7between funds that are based on revenues received or costs
8incurred during the budget year.
9    Appropriations for expenditures shall also include all
10anticipated statutory continuing appropriation obligations
11that are expected to be incurred during the budgeted fiscal
12year.
13    By March 15 of each year, the Commission on Government
14Forecasting and Accountability shall prepare revenue and fund
15transfer estimates in accordance with the requirements of this
16Section and report those estimates to the General Assembly and
17the Governor.
18    For all funds other than the budgeted funds, the proposed
19expenditures shall not exceed funds estimated to be available
20for the fiscal year as shown in the budget. Appropriation for a
21fiscal year shall not exceed funds estimated by the General
22Assembly to be available during that year.
23    (b) By February 24, 2010, the Governor must file a written
24report with the Secretary of the Senate and the Clerk of the
25House of Representatives containing the following:
26        (1) for fiscal year 2010, the revenues for all

 

 

10200HB0594sam003- 7 -LRB102 10655 AMC 30306 a

1    budgeted funds, both actual to date and estimated for the
2    full fiscal year;
3        (2) for fiscal year 2010, the expenditures for all
4    budgeted funds, both actual to date and estimated for the
5    full fiscal year;
6        (3) for fiscal year 2011, the estimated revenues for
7    all budgeted funds, including without limitation the
8    affordable General Revenue Fund appropriations, for the
9    full fiscal year; and
10        (4) for fiscal year 2011, an estimate of the
11    anticipated liabilities for all budgeted funds, including
12    without limitation the affordable General Revenue Fund
13    appropriations, debt service on bonds issued, and the
14    State's contributions to the pension systems, for the full
15    fiscal year.
16    Between July 1 and August 31 of each fiscal year, the
17members of the General Assembly and members of the public may
18make written budget recommendations to the Governor.
19    Beginning with budgets prepared for fiscal year 2013, the
20budgets submitted by the Governor and appropriations made by
21the General Assembly for all executive branch State agencies
22must adhere to a method of budgeting where each priority must
23be justified each year according to merit rather than
24according to the amount appropriated for the preceding year.
25(Source: P.A. 97-669, eff. 1-13-12; 97-813, eff. 7-13-12;
2698-2, eff. 2-19-13; 98-626, eff. 2-5-14.)"; and
 

 

 

10200HB0594sam003- 8 -LRB102 10655 AMC 30306 a

1on page 32, immediately below line 14, by inserting the
2following:
 
3    "Section 48. The Public-Private Partnership for Civic and
4Transit Infrastructure Project Act is amended by changing
5Sections 25-10 and 25-15 as follows:
 
6    (30 ILCS 558/25-10)
7    Sec. 25-10. Definitions. As used in this Act:
8    "Civic and Transit Infrastructure Project" or "civic
9build" or "Project" means civic infrastructure, whether
10publicly or privately owned, located in the City of Chicago,
11generally within the boundaries of East 14th Street; extending
12east to Lake Shore Drive; south to McCormick Place's North
13Building; west to the outer boundary of the McCormick Place
14busway and, where it extends farther west, the St. Charles
15Airline; northwest to South Indiana Avenue; north to East 15th
16Place; east to the McCormick Place busway; and north to East
1714th Street, in total comprising approximately 34 acres,
18including, without limitation: (1) streets, roadways,
19pedestrian ways, commuter linkages and circulator transit
20systems, bridges, tunnels, overpasses, bus ways, and guideways
21connected to or adjacent to the Project; (2) utilities systems
22and related facilities, utility relocations and replacements,
23utility-line extensions, network and communication systems,

 

 

10200HB0594sam003- 9 -LRB102 10655 AMC 30306 a

1streetscape improvements, drainage systems, sewer and water
2systems, subgrade structures and associated improvements; (3)
3landscaping, facade construction and restoration, wayfinding,
4and signage; (4) public transportation and transit facilities
5and related infrastructure, vehicle parking facilities, and
6other facilities that encourage intermodal transportation and
7public transit connected to or adjacent to the Project; (5)
8railroad infrastructure, stations, maintenance and storage
9facilities; (6) parks, plazas, atriums, civic and cultural
10facilities, community and recreational facilities, facilities
11to promote tourism and hospitality, educational facilities,
12conferencing and conventions, broadcast and related multimedia
13infrastructure, destination and community retail, dining and
14entertainment facilities; and (7) other facilities with the
15primary purpose of attracting and fostering economic
16development within the area of the Civic and Transit
17Infrastructure Project by generating additional tax base, all
18as agreed upon in a public-private agreement. "Civic build"
19includes any improvements or substantial enhancements or
20modifications to civic infrastructure located on or connected
21or adjacent to the Civic and Transit Infrastructure Project.
22"Civic Build" does not include commercial office, residential,
23or hotel facilities, or any retail, dining, and entertainment
24included within such facilities as part of a private build,
25constructed on or adjacent to the civic build.
26    "Civic build cost" means all costs of the civic build, as

 

 

10200HB0594sam003- 10 -LRB102 10655 AMC 30306 a

1specified in the public-private agreement, and includes,
2without limitation, the cost of the following activities as
3part of the Civic and Transit Infrastructure Project: (1)
4acquiring or leasing real property, including air rights, and
5other assets associated with the Project; (2) demolishing,
6repairing, or rehabilitating buildings; (3) remediating land
7and buildings as required to prepare the property for
8development; (4) installing, constructing, or reconstructing,
9elements of civic infrastructure required to support the
10overall Project, including, without limitation, streets,
11roadways, pedestrian ways and commuter linkages, utilities
12systems and related facilities, utility relocations and
13replacements, network and communication systems, streetscape
14improvements, drainage systems, sewer and water systems,
15subgrade structures and associated improvements, landscaping,
16facade construction and restoration, wayfinding and signage,
17and other components of community infrastructure; (5)
18acquiring, constructing or reconstructing, and equipping
19transit stations, parking facilities, and other facilities
20that encourage intermodal transportation and public transit;
21(6) installing, constructing or reconstructing, and equipping
22core elements of civic infrastructure to promote and encourage
23economic development, including, without limitation, parks,
24cultural facilities, community and recreational facilities,
25facilities to promote tourism and hospitality, educational
26facilities, conferencing and conventions, broadcast and

 

 

10200HB0594sam003- 11 -LRB102 10655 AMC 30306 a

1related multimedia infrastructure, destination and community
2retail, dining and entertainment facilities, and other
3facilities with the primary purpose of attracting and
4fostering economic development within the area by generating a
5new tax base; (7) providing related improvements, including,
6without limitation, excavation, earth retention, soil
7stabilization and correction, site improvements, and future
8capital improvements and expenses; (8) planning, engineering,
9legal, marketing, development, insurance, finance, and other
10related professional services and costs associated with the
11civic build; and (9) the commissioning or operational start-up
12of any component of the civic build.
13    "Develop" or "development" means to do one or more of the
14following: plan, design, develop, lease, acquire, install,
15construct, reconstruct, repair, rehabilitate, replace, or
16extend the Civic and Transit Infrastructure Project as
17provided under this Act.
18    "Maintain" or "maintenance" includes ordinary maintenance,
19repair, rehabilitation, capital maintenance, maintenance
20replacement, and other categories of maintenance that may be
21designated by the public-private agreement for the Civic and
22Transit Infrastructure Project as provided under this Act.
23    "Operate" or "operation" means to do one or more of the
24following: maintain, improve, equip, modify, or otherwise
25operate the Civic and Transit Infrastructure Project as
26provided under this Act.

 

 

10200HB0594sam003- 12 -LRB102 10655 AMC 30306 a

1    "Private build" means all commercial, industrial or
2residential facilities, or property that is not included in
3the definition of civic build. The private build may include
4commercial office, residential, educational, health and
5wellness, or hotel facilities constructed on or adjacent to
6the civic build, and retail, dining, and entertainment
7facilities that are not included as part of the civic build
8under the public-private agreement.
9    "Private entity" means any private entity associated with
10the Civic and Transit Infrastructure Project at the time of
11execution and delivery of a public-private agreement, and its
12successors or assigns. The private entity may enter into a
13public-private agreement with the public agency on behalf of
14the State for the development, financing, construction,
15operational, or management of the Civic and Transit
16Infrastructure Project under this Act.
17    "Public agency" means the Illinois Finance Authority
18Governor's Office of Management and Budget.
19    "Public-private agreement" or "agreement" means one or
20more agreements or contracts entered into between the public
21agency on behalf of the State and private entity, and all
22schedules, exhibits, and attachments thereto, entered into
23under this Act for the development, financing, construction,
24operation, or management of the Civic and Transit
25Infrastructure Project, whereby the private entity will
26develop, finance, construct, own, operate, and manage the

 

 

10200HB0594sam003- 13 -LRB102 10655 AMC 30306 a

1Project for a definite term in return for the right to receive
2the revenues generated from the Project and other required
3payments from the State, including, but not limited to, a
4portion of the State sales taxes, as provided under this Act.
5    "Revenues" means all revenues, including, but not limited
6to, income user fees; ticket fees; earnings, interest, lease
7payments, allocations, moneys from the federal government,
8grants, loans, lines of credit, credit guarantees, bond
9proceeds, equity investments, service payments, or other
10receipts arising out of or in connection with the financing,
11development, construction, operation, and management of the
12Project under this Act. "Revenues" does not include the State
13payments to the Civic and Transit Infrastructure Fund as
14required under this Act.
15    "State" means the State of Illinois.
16    "User fees" means the tolls, rates, fees, or other charges
17imposed by the State or private entity for use of all or part
18of the civic build.
19(Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.)
 
20    (30 ILCS 558/25-15)
21    Sec. 25-15. Formation of the public-private agreement.
22    (a) In consideration of the requirements of this Act and
23in order to enable the State to facilitate the development,
24financing, construction, management, and operation of Civic
25and Transit Infrastructure Projects, the a public agency, in

 

 

10200HB0594sam003- 14 -LRB102 10655 AMC 30306 a

1consultation with the Governor's Office of Management and
2Budget, shall have the authority and shall take all necessary
3steps to enter into a public-private agreement with a private
4entity to develop, finance, construct, operate, and manage
5Civic and Transit Infrastructure Projects; provided that the
6final public-private agreement must be approved by the
7Governor's Office of Management and Budget prior to execution.
8Prior to negotiating the public-private agreement, the public
9agency shall have the authority to take all necessary steps to
10enter into interim agreements with the private entity to
11facilitate the negotiations for the public-private agreement
12consistent with this Act.
13    (b) The public agency shall serve as a fiduciary to the
14State in entering into the public-private agreement with the
15private entity.
16    (c) The public agency may retain such experts and advisors
17as are necessary to fulfill its duties and responsibilities
18under this Act and may rely upon existing third-party reports
19and analyses related to the Civic and Transit Infrastructure
20Project. The public agency may expend funds as necessary to
21facilitate negotiating and entering into a public-private
22agreement.
23    (d) The public agency shall have the authority to adopt
24rules to facilitate the administration of the public-private
25agreement entered into consistent with this Act.
26    (e) The term of the public-private agreement, including

 

 

10200HB0594sam003- 15 -LRB102 10655 AMC 30306 a

1all extensions, shall be no more than 75 years. The term of a
2public-private agreement may be extended by the public agency
3if it deems that such extension is in the best interest of the
4State.
5    (f) Except as otherwise provided under this Act, the Civic
6and Transit Infrastructure Project shall be subject to all
7applicable planning requirements otherwise required by the
8State or local law, including land use planning, regional
9planning, transportation planning, and environmental
10compliance requirements.
11    (g) The public agency shall be responsible for fulfilling
12all required obligations related to any requests for
13disclosure of records related to the public business of the
14public agency and expenditure of State moneys under this Act
15pursuant to the Freedom of Information Act.
16    (h) The public-private agreement shall require the private
17entity to enter into a project labor agreement.
18    (i) The public agency shall take all reasonable steps to
19ensure that the public-private agreement is promptly
20negotiated with the private entity and that the public-private
21agreement is in substantially final form within 120 days
22following the effective date of this amendatory Act of the
23102nd General Assembly. To ensure compliance with this
24subsection, the public agency shall submit a report on the
25status of the public-private agreement to the General Assembly
26no later than 120 days following the effective date of this

 

 

10200HB0594sam003- 16 -LRB102 10655 AMC 30306 a

1amendatory Act of the 102nd General Assembly.
2(Source: P.A. 101-10, eff. 6-5-19.)"; and
 
3on page 65, immediately below line 12, by inserting the
4following:
 
5    "Section 66. If and only if House Bill 3666 of the 102nd
6General Assembly becomes law (as amended by Senate Amendment
7No. 6), the Energy Assistance Act is amended by changing
8Section 13 as follows:
 
9    (305 ILCS 20/13)
10    (Text of Section from P.A. 102-16)
11    (Section scheduled to be repealed on January 1, 2025)
12    Sec. 13. Supplemental Low-Income Energy Assistance Fund.
13    (a) The Supplemental Low-Income Energy Assistance Fund is
14hereby created as a special fund in the State Treasury.
15Notwithstanding any other law to the contrary, the
16Supplemental Low-Income Energy Assistance Fund is not subject
17to sweeps, administrative charge-backs, or any other fiscal or
18budgetary maneuver that would in any way transfer any amounts
19from the Supplemental Low-Income Energy Assistance Fund into
20any other fund of the State. The Supplemental Low-Income
21Energy Assistance Fund is authorized to receive moneys from
22voluntary donations from individuals, foundations,
23corporations, and other sources, moneys received pursuant to

 

 

10200HB0594sam003- 17 -LRB102 10655 AMC 30306 a

1Section 17, and, by statutory deposit, the moneys collected
2pursuant to this Section. The Fund is also authorized to
3receive voluntary donations from individuals, foundations,
4corporations, and other sources. Subject to appropriation, the
5Department shall use moneys from the Supplemental Low-Income
6Energy Assistance Fund for payments to electric or gas public
7utilities, municipal electric or gas utilities, and electric
8cooperatives on behalf of their customers who are participants
9in the program authorized by Sections 4 and 18 of this Act, for
10the provision of weatherization services and for
11administration of the Supplemental Low-Income Energy
12Assistance Fund. All other deposits outside of the Energy
13Assistance Charge as set forth in subsection (b) are not
14subject to the percentage restrictions related to
15administrative and weatherization expenses provided in this
16subsection. The yearly expenditures for weatherization may not
17exceed 10% of the amount collected during the year pursuant to
18this Section, except when unspent funds from the Supplemental
19Low-Income Energy Assistance Fund are reallocated from a
20previous year; any unspent balance of the 10% weatherization
21allowance may be utilized for weatherization expenses in the
22year they are reallocated. The yearly administrative expenses
23of the Supplemental Low-Income Energy Assistance Fund may not
24exceed 13% of the amount collected during that year pursuant
25to this Section, except when unspent funds from the
26Supplemental Low-Income Energy Assistance Fund are reallocated

 

 

10200HB0594sam003- 18 -LRB102 10655 AMC 30306 a

1from a previous year; any unspent balance of the 13%
2administrative allowance may be utilized for administrative
3expenses in the year they are reallocated. Of the 13%
4administrative allowance, no less than 8% shall be provided to
5Local Administrative Agencies for administrative expenses.
6    (b) Notwithstanding the provisions of Section 16-111 of
7the Public Utilities Act but subject to subsection (k) of this
8Section, each public utility, electric cooperative, as defined
9in Section 3.4 of the Electric Supplier Act, and municipal
10utility, as referenced in Section 3-105 of the Public
11Utilities Act, that is engaged in the delivery of electricity
12or the distribution of natural gas within the State of
13Illinois shall, effective January 1, 2021 2022, assess each of
14its customer accounts a monthly Energy Assistance Charge for
15the Supplemental Low-Income Energy Assistance Fund. The
16delivering public utility, municipal electric or gas utility,
17or electric or gas cooperative for a self-assessing purchaser
18remains subject to the collection of the fee imposed by this
19Section. The monthly charge shall be as follows:
20        (1) Base Energy Assistance Charge per month on each
21    account for residential electrical service;
22        (2) Base Energy Assistance Charge per month on each
23    account for residential gas service;
24        (3) Ten times the Base Energy Assistance Charge per
25    month on each account for non-residential electric service
26    which had less than 10 megawatts of peak demand during the

 

 

10200HB0594sam003- 19 -LRB102 10655 AMC 30306 a

1    previous calendar year;
2        (4) Ten times the Base Energy Assistance Charge per
3    month on each account for non-residential gas service
4    which had distributed to it less than 4,000,000 therms of
5    gas during the previous calendar year;
6        (5) Three hundred and seventy-five times the Base
7    Energy Assistance Charge per month on each account for
8    non-residential electric service which had 10 megawatts or
9    greater of peak demand during the previous calendar year;
10    and
11        (6) Three hundred and seventy-five times the Base
12    Energy Assistance Charge per month on each account For
13    non-residential gas service which had 4,000,000 or more
14    therms of gas distributed to it during the previous
15    calendar year.
16    The Base Energy Assistance Charge shall be $0.48 per month
17for the calendar year beginning January 1, 2022 and shall
18increase by $0.16 per month for any calendar year, provided no
19less than 80% of the previous State fiscal year's available
20Supplemental Low-Income Energy Assistance Fund funding was
21exhausted. The maximum Base Energy Assistance Charge shall not
22exceed $0.96 per month for any calendar year.
23    The incremental change to such charges imposed by Public
24Act 99-933 and this amendatory Act of the 102nd General
25Assembly shall not (i) be used for any purpose other than to
26directly assist customers and (ii) be applicable to utilities

 

 

10200HB0594sam003- 20 -LRB102 10655 AMC 30306 a

1serving less than 100,000 customers in Illinois on January 1,
22021. The incremental change to such charges imposed by this
3amendatory Act of the 102nd General Assembly are intended to
4increase utilization of the Percentage of Income Payment Plan
5(PIPP or PIP Plan) and shall be applied such that PIP Plan
6enrollment is at least doubled, as compared to 2020
7enrollment, by 2024.
8    In addition, electric and gas utilities have committed,
9and shall contribute, a one-time payment of $22 million to the
10Fund, within 10 days after the effective date of the tariffs
11established pursuant to Sections 16-111.8 and 19-145 of the
12Public Utilities Act to be used for the Department's cost of
13implementing the programs described in Section 18 of this
14amendatory Act of the 96th General Assembly, the Arrearage
15Reduction Program described in Section 18, and the programs
16described in Section 8-105 of the Public Utilities Act. If a
17utility elects not to file a rider within 90 days after the
18effective date of this amendatory Act of the 96th General
19Assembly, then the contribution from such utility shall be
20made no later than February 1, 2010.
21    (c) For purposes of this Section:
22        (1) "residential electric service" means electric
23    utility service for household purposes delivered to a
24    dwelling of 2 or fewer units which is billed under a
25    residential rate, or electric utility service for
26    household purposes delivered to a dwelling unit or units

 

 

10200HB0594sam003- 21 -LRB102 10655 AMC 30306 a

1    which is billed under a residential rate and is registered
2    by a separate meter for each dwelling unit;
3        (2) "residential gas service" means gas utility
4    service for household purposes distributed to a dwelling
5    of 2 or fewer units which is billed under a residential
6    rate, or gas utility service for household purposes
7    distributed to a dwelling unit or units which is billed
8    under a residential rate and is registered by a separate
9    meter for each dwelling unit;
10        (3) "non-residential electric service" means electric
11    utility service which is not residential electric service;
12    and
13        (4) "non-residential gas service" means gas utility
14    service which is not residential gas service.
15    (d) Within 30 days after the effective date of this
16amendatory Act of the 96th General Assembly, each public
17utility engaged in the delivery of electricity or the
18distribution of natural gas shall file with the Illinois
19Commerce Commission tariffs incorporating the Energy
20Assistance Charge in other charges stated in such tariffs,
21which shall become effective no later than the beginning of
22the first billing cycle following such filing.
23    (e) The Energy Assistance Charge assessed by electric and
24gas public utilities shall be considered a charge for public
25utility service.
26    (f) By the 20th day of the month following the month in

 

 

10200HB0594sam003- 22 -LRB102 10655 AMC 30306 a

1which the charges imposed by the Section were collected, each
2public utility, municipal utility, and electric cooperative
3shall remit to the Department of Revenue all moneys received
4as payment of the Energy Assistance Charge on a return
5prescribed and furnished by the Department of Revenue showing
6such information as the Department of Revenue may reasonably
7require; provided, however, that a utility offering an
8Arrearage Reduction Program or Supplemental Arrearage
9Reduction Program pursuant to Section 18 of this Act shall be
10entitled to net those amounts necessary to fund and recover
11the costs of such Programs as authorized by that Section that
12is no more than the incremental change in such Energy
13Assistance Charge authorized by Public Act 96-33. If a
14customer makes a partial payment, a public utility, municipal
15utility, or electric cooperative may elect either: (i) to
16apply such partial payments first to amounts owed to the
17utility or cooperative for its services and then to payment
18for the Energy Assistance Charge or (ii) to apply such partial
19payments on a pro-rata basis between amounts owed to the
20utility or cooperative for its services and to payment for the
21Energy Assistance Charge.
22    If any payment provided for in this Section exceeds the
23distributor's liabilities under this Act, as shown on an
24original return, the Department may authorize the distributor
25to credit such excess payment against liability subsequently
26to be remitted to the Department under this Act, in accordance

 

 

10200HB0594sam003- 23 -LRB102 10655 AMC 30306 a

1with reasonable rules adopted by the Department. If the
2Department subsequently determines that all or any part of the
3credit taken was not actually due to the distributor, the
4distributor's discount shall be reduced by an amount equal to
5the difference between the discount as applied to the credit
6taken and that actually due, and that distributor shall be
7liable for penalties and interest on such difference.
8    (g) The Department of Revenue shall deposit into the
9Supplemental Low-Income Energy Assistance Fund all moneys
10remitted to it in accordance with subsection (f) of this
11Section. The utilities shall coordinate with the Department to
12establish an equitable and practical methodology for
13implementing this subsection (g) beginning with the 2010
14program year.
15    (h) On or before December 31, 2002, the Department shall
16prepare a report for the General Assembly on the expenditure
17of funds appropriated from the Low-Income Energy Assistance
18Block Grant Fund for the program authorized under Section 4 of
19this Act.
20    (i) The Department of Revenue may establish such rules as
21it deems necessary to implement this Section.
22    (j) The Department of Commerce and Economic Opportunity
23may establish such rules as it deems necessary to implement
24this Section.
25    (k) The charges imposed by this Section shall only apply
26to customers of municipal electric or gas utilities and

 

 

10200HB0594sam003- 24 -LRB102 10655 AMC 30306 a

1electric or gas cooperatives if the municipal electric or gas
2utility or electric or gas cooperative makes an affirmative
3decision to impose the charge. If a municipal electric or gas
4utility or an electric cooperative makes an affirmative
5decision to impose the charge provided by this Section, the
6municipal electric or gas utility or electric cooperative
7shall inform the Department of Revenue in writing of such
8decision when it begins to impose the charge. If a municipal
9electric or gas utility or electric or gas cooperative does
10not assess this charge, the Department may not use funds from
11the Supplemental Low-Income Energy Assistance Fund to provide
12benefits to its customers under the program authorized by
13Section 4 of this Act.
14    In its use of federal funds under this Act, the Department
15may not cause a disproportionate share of those federal funds
16to benefit customers of systems which do not assess the charge
17provided by this Section.
18    This Section is repealed on January 1, 2025 unless renewed
19by action of the General Assembly.
20(Source: P.A. 102-16, eff. 6-17-21; 10200HB3666sam006.)
 
21    (Text of Section from P.A. 102-176)
22    (Section scheduled to be repealed on January 1, 2025)
23    Sec. 13. Supplemental Low-Income Energy Assistance Fund.
24    (a) The Supplemental Low-Income Energy Assistance Fund is
25hereby created as a special fund in the State Treasury. The

 

 

10200HB0594sam003- 25 -LRB102 10655 AMC 30306 a

1Supplemental Low-Income Energy Assistance Fund is authorized
2to receive moneys from voluntary donations from individuals,
3foundations, corporations, and other sources, moneys received
4pursuant to Section 17, and, by statutory deposit, the moneys
5collected pursuant to this Section. The Fund is also
6authorized to receive voluntary donations from individuals,
7foundations, corporations, and other sources. Subject to
8appropriation, the Department shall use moneys from the
9Supplemental Low-Income Energy Assistance Fund for payments to
10electric or gas public utilities, municipal electric or gas
11utilities, and electric cooperatives on behalf of their
12customers who are participants in the program authorized by
13Sections 4 and 18 of this Act, for the provision of
14weatherization services and for administration of the
15Supplemental Low-Income Energy Assistance Fund. All other
16deposits outside of the Energy Assistance Charge as set forth
17in subsection (b) are not subject to the percentage
18restrictions related to administrative and weatherization
19expenses provided in this subsection. The yearly expenditures
20for weatherization may not exceed 10% of the amount collected
21during the year pursuant to this Section, except when unspent
22funds from the Supplemental Low-Income Energy Assistance Fund
23are reallocated from a previous year; any unspent balance of
24the 10% weatherization allowance may be utilized for
25weatherization expenses in the year they are reallocated. The
26yearly administrative expenses of the Supplemental Low-Income

 

 

10200HB0594sam003- 26 -LRB102 10655 AMC 30306 a

1Energy Assistance Fund may not exceed 13% of the amount
2collected during that year pursuant to this Section, except
3when unspent funds from the Supplemental Low-Income Energy
4Assistance Fund are reallocated from a previous year; any
5unspent balance of the 13% administrative allowance may be
6utilized for administrative expenses in the year they are
7reallocated. Of the 13% administrative allowance, no less than
88% shall be provided to Local Administrative Agencies for
9administrative expenses.
10    (b) Notwithstanding the provisions of Section 16-111 of
11the Public Utilities Act but subject to subsection (k) of this
12Section, each public utility, electric cooperative, as defined
13in Section 3.4 of the Electric Supplier Act, and municipal
14utility, as referenced in Section 3-105 of the Public
15Utilities Act, that is engaged in the delivery of electricity
16or the distribution of natural gas within the State of
17Illinois shall, effective January 1, 2021 2022, assess each of
18its customer accounts a monthly Energy Assistance Charge for
19the Supplemental Low-Income Energy Assistance Fund. The
20delivering public utility, municipal electric or gas utility,
21or electric or gas cooperative for a self-assessing purchaser
22remains subject to the collection of the fee imposed by this
23Section. The monthly charge shall be as follows:
24        (1) Base Energy Assistance Charge per month on each
25    account for residential electrical service;
26        (2) Base Energy Assistance Charge per month on each

 

 

10200HB0594sam003- 27 -LRB102 10655 AMC 30306 a

1    account for residential gas service;
2        (3) Ten times the Base Energy Assistance Charge per
3    month on each account for non-residential electric service
4    which had less than 10 megawatts of peak demand during the
5    previous calendar year;
6        (4) Ten times the Base Energy Assistance Charge per
7    month on each account for non-residential gas service
8    which had distributed to it less than 4,000,000 therms of
9    gas during the previous calendar year;
10        (5) Three hundred and seventy-five times the Base
11    Energy Assistance Charge per month on each account for
12    non-residential electric service which had 10 megawatts or
13    greater of peak demand during the previous calendar year;
14    and
15        (6) Three hundred and seventy-five times the Base
16    Energy Assistance Charge per month on each account for
17    non-residential gas service which had 4,000,000 or more
18    therms of gas distributed to it during the previous
19    calendar year.
20    The Base Energy Assistance Charge shall be $0.48 per month
21for the calendar year beginning January 1, 2022 and shall
22increase by $0.16 per month for any calendar year, provided no
23less than 80% of the previous State fiscal year's available
24Supplemental Low-Income Energy Assistance Fund funding was
25exhausted. The maximum Base Energy Assistance Charge shall not
26exceed $0.96 per month for any calendar year.

 

 

10200HB0594sam003- 28 -LRB102 10655 AMC 30306 a

1    The incremental change to such charges imposed by Public
2Act 99-933 and this amendatory Act of the 102nd General
3Assembly shall not (i) be used for any purpose other than to
4directly assist customers and (ii) be applicable to utilities
5serving less than 100,000 customers in Illinois on January 1,
62021. The incremental change to such charges imposed by this
7amendatory Act of the 102nd General Assembly are intended to
8increase utilization of the Percentage of Income Payment Plan
9(PIPP or PIP Plan) and shall be applied such that PIP Plan
10enrollment is at least doubled, as compared to 2020
11enrollment, by 2024.
12    In addition, electric and gas utilities have committed,
13and shall contribute, a one-time payment of $22 million to the
14Fund, within 10 days after the effective date of the tariffs
15established pursuant to Sections 16-111.8 and 19-145 of the
16Public Utilities Act to be used for the Department's cost of
17implementing the programs described in Section 18 of this
18amendatory Act of the 96th General Assembly, the Arrearage
19Reduction Program described in Section 18, and the programs
20described in Section 8-105 of the Public Utilities Act. If a
21utility elects not to file a rider within 90 days after the
22effective date of this amendatory Act of the 96th General
23Assembly, then the contribution from such utility shall be
24made no later than February 1, 2010.
25    (c) For purposes of this Section:
26        (1) "residential electric service" means electric

 

 

10200HB0594sam003- 29 -LRB102 10655 AMC 30306 a

1    utility service for household purposes delivered to a
2    dwelling of 2 or fewer units which is billed under a
3    residential rate, or electric utility service for
4    household purposes delivered to a dwelling unit or units
5    which is billed under a residential rate and is registered
6    by a separate meter for each dwelling unit;
7        (2) "residential gas service" means gas utility
8    service for household purposes distributed to a dwelling
9    of 2 or fewer units which is billed under a residential
10    rate, or gas utility service for household purposes
11    distributed to a dwelling unit or units which is billed
12    under a residential rate and is registered by a separate
13    meter for each dwelling unit;
14        (3) "non-residential electric service" means electric
15    utility service which is not residential electric service;
16    and
17        (4) "non-residential gas service" means gas utility
18    service which is not residential gas service.
19    (d) Within 30 days after the effective date of this
20amendatory Act of the 96th General Assembly, each public
21utility engaged in the delivery of electricity or the
22distribution of natural gas shall file with the Illinois
23Commerce Commission tariffs incorporating the Energy
24Assistance Charge in other charges stated in such tariffs,
25which shall become effective no later than the beginning of
26the first billing cycle following such filing.

 

 

10200HB0594sam003- 30 -LRB102 10655 AMC 30306 a

1    (e) The Energy Assistance Charge assessed by electric and
2gas public utilities shall be considered a charge for public
3utility service.
4    (f) By the 20th day of the month following the month in
5which the charges imposed by the Section were collected, each
6public utility, municipal utility, and electric cooperative
7shall remit to the Department of Revenue all moneys received
8as payment of the Energy Assistance Charge on a return
9prescribed and furnished by the Department of Revenue showing
10such information as the Department of Revenue may reasonably
11require; provided, however, that a utility offering an
12Arrearage Reduction Program or Supplemental Arrearage
13Reduction Program pursuant to Section 18 of this Act shall be
14entitled to net those amounts necessary to fund and recover
15the costs of such Programs as authorized by that Section that
16is no more than the incremental change in such Energy
17Assistance Charge authorized by Public Act 96-33. If a
18customer makes a partial payment, a public utility, municipal
19utility, or electric cooperative may elect either: (i) to
20apply such partial payments first to amounts owed to the
21utility or cooperative for its services and then to payment
22for the Energy Assistance Charge or (ii) to apply such partial
23payments on a pro-rata basis between amounts owed to the
24utility or cooperative for its services and to payment for the
25Energy Assistance Charge.
26    If any payment provided for in this Section exceeds the

 

 

10200HB0594sam003- 31 -LRB102 10655 AMC 30306 a

1distributor's liabilities under this Act, as shown on an
2original return, the Department may authorize the distributor
3to credit such excess payment against liability subsequently
4to be remitted to the Department under this Act, in accordance
5with reasonable rules adopted by the Department. If the
6Department subsequently determines that all or any part of the
7credit taken was not actually due to the distributor, the
8distributor's discount shall be reduced by an amount equal to
9the difference between the discount as applied to the credit
10taken and that actually due, and that distributor shall be
11liable for penalties and interest on such difference.
12    (g) The Department of Revenue shall deposit into the
13Supplemental Low-Income Energy Assistance Fund all moneys
14remitted to it in accordance with subsection (f) of this
15Section. The utilities shall coordinate with the Department to
16establish an equitable and practical methodology for
17implementing this subsection (g) beginning with the 2010
18program year.
19    (h) On or before December 31, 2002, the Department shall
20prepare a report for the General Assembly on the expenditure
21of funds appropriated from the Low-Income Energy Assistance
22Block Grant Fund for the program authorized under Section 4 of
23this Act.
24    (i) The Department of Revenue may establish such rules as
25it deems necessary to implement this Section.
26    (j) The Department of Commerce and Economic Opportunity

 

 

10200HB0594sam003- 32 -LRB102 10655 AMC 30306 a

1may establish such rules as it deems necessary to implement
2this Section.
3    (k) The charges imposed by this Section shall only apply
4to customers of municipal electric or gas utilities and
5electric or gas cooperatives if the municipal electric or gas
6utility or electric or gas cooperative makes an affirmative
7decision to impose the charge. If a municipal electric or gas
8utility or an electric cooperative makes an affirmative
9decision to impose the charge provided by this Section, the
10municipal electric or gas utility or electric cooperative
11shall inform the Department of Revenue in writing of such
12decision when it begins to impose the charge. If a municipal
13electric or gas utility or electric or gas cooperative does
14not assess this charge, the Department may not use funds from
15the Supplemental Low-Income Energy Assistance Fund to provide
16benefits to its customers under the program authorized by
17Section 4 of this Act.
18    In its use of federal funds under this Act, the Department
19may not cause a disproportionate share of those federal funds
20to benefit customers of systems which do not assess the charge
21provided by this Section.
22    This Section is repealed on January 1, 2025 unless renewed
23by action of the General Assembly.
24(Source: P.A. 102-176, eff. 6-1-22.; 10200HB3666sam006.)"; and
 
25on page 96, line 5, by replacing "law" with "law, except that

 

 

10200HB0594sam003- 33 -LRB102 10655 AMC 30306 a

1Section 66 takes effect upon becoming law or on the date House
2Bill 3666 of the 102nd General Assembly takes effect,
3whichever is later".