Full Text of HB0594 102nd General Assembly
HB0594sam004 102ND GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 10/28/2021
| | 10200HB0594sam004 | | LRB102 10655 AMC 30299 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 594
| 2 | | AMENDMENT NO. ______. Amend House Bill 594, AS AMENDED, | 3 | | with reference to page and line numbers of Senate Amendment | 4 | | No. 2, on page 2, line 3, by replacing "Sections 4.32 and 4.37" | 5 | | with "Section 4.32"; and | 6 | | on page 3, by deleting lines 3 through 16; and | 7 | | on page 3, immediately above line 17, by inserting the | 8 | | following: | 9 | | "Section 18. The State Budget Law of the Civil | 10 | | Administrative Code of Illinois is amended by changing Section | 11 | | 50-5 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 |
| | | 10200HB0594sam004 | - 2 - | LRB102 10655 AMC 30299 a |
|
| 1 | | than the second
Wednesday in March in 2010 (March 10, 2010), | 2 | | the third
Wednesday in February in 2011, the fourth Wednesday | 3 | | in February in 2012 (February 22, 2012), the first Wednesday | 4 | | in March in 2013 (March 6, 2013), the fourth Wednesday in March | 5 | | in 2014 (March 26, 2014), the first Wednesday in February in | 6 | | 2022 (February 2, 2022), and the third Wednesday in February | 7 | | of each year thereafter, except as otherwise provided in this | 8 | | Section, submit a
State budget, embracing therein the amounts | 9 | | recommended by the Governor to be
appropriated to the | 10 | | respective departments, offices, and institutions, and
for all | 11 | | other public purposes, the estimated revenues from taxation, | 12 | | and the
estimated revenues from sources other than taxation. | 13 | | Except with respect to the capital development provisions of | 14 | | the State budget, beginning with the revenue estimates | 15 | | prepared for fiscal year 2012, revenue estimates shall be | 16 | | based solely on: (i) revenue sources (including non-income | 17 | | resources), rates, and levels that exist as of the date of the | 18 | | submission of the State budget for the fiscal year and (ii) | 19 | | revenue sources (including non-income resources), rates, and | 20 | | levels that have been passed by the General Assembly as of the | 21 | | date of the submission of the State budget for the fiscal year | 22 | | and that are authorized to take effect in that fiscal year. | 23 | | Except with respect to the capital development provisions of | 24 | | the State budget, the Governor shall determine available | 25 | | revenue, deduct the cost of essential government services, | 26 | | including, but not limited to, pension payments and debt |
| | | 10200HB0594sam004 | - 3 - | LRB102 10655 AMC 30299 a |
|
| 1 | | service, and assign a percentage of the remaining revenue to | 2 | | each statewide prioritized goal, as established in Section | 3 | | 50-25 of this Law, taking into consideration the proposed | 4 | | goals set forth in the report of the Commission established | 5 | | under that Section. The Governor shall also demonstrate how | 6 | | spending priorities for the fiscal year fulfill those | 7 | | statewide goals. The amounts recommended by the
Governor for | 8 | | appropriation to the respective departments, offices and
| 9 | | institutions shall be formulated according to each | 10 | | department's, office's, and institution's ability to | 11 | | effectively deliver services that meet the established | 12 | | statewide goals. The amounts relating to particular functions
| 13 | | and activities shall be further formulated in accordance with | 14 | | the object
classification specified in Section 13 of the State | 15 | | Finance Act. In addition, the amounts recommended by the | 16 | | Governor for appropriation shall take into account each State | 17 | | agency's effectiveness in achieving its prioritized goals for | 18 | | the previous fiscal year, as set forth in Section 50-25 of this | 19 | | Law, giving priority to agencies and programs that have | 20 | | demonstrated a focus on the prevention of waste and the | 21 | | maximum yield from resources. | 22 | | Beginning in fiscal year 2011, the Governor shall | 23 | | distribute written quarterly financial reports on operating | 24 | | funds, which may include general, State, or federal funds and | 25 | | may include funds related to agencies that have significant | 26 | | impacts on State operations, and budget statements on all |
| | | 10200HB0594sam004 | - 4 - | LRB102 10655 AMC 30299 a |
|
| 1 | | appropriated funds to the General Assembly and the State | 2 | | Comptroller. The reports shall be submitted no later than 45 | 3 | | days after the last day of each quarter of the fiscal year and | 4 | | shall be posted on the Governor's Office of Management and | 5 | | Budget's website on the same day. The reports shall be | 6 | | prepared and presented for each State agency and on a | 7 | | statewide level in an executive summary format that may | 8 | | include, for the fiscal year to date, individual itemizations | 9 | | for each significant revenue type as well as itemizations of | 10 | | expenditures and obligations, by agency, with an appropriate | 11 | | level of detail. The reports shall include a calculation of | 12 | | the actual total budget surplus or deficit for the fiscal year | 13 | | to date. The Governor shall also present periodic budget | 14 | | addresses throughout the fiscal year at the invitation of the | 15 | | General Assembly. | 16 | | The Governor shall not propose expenditures and the | 17 | | General Assembly shall
not enact appropriations that exceed | 18 | | the resources estimated to be available,
as provided in this | 19 | | Section. Appropriations may be adjusted during the fiscal year | 20 | | by means of one or more supplemental appropriation bills if | 21 | | any State agency either fails to meet or exceeds the goals set | 22 | | forth in Section 50-25 of this Law. | 23 | | For the purposes of Article VIII, Section 2 of the 1970
| 24 | | Illinois Constitution, the State budget for the following | 25 | | funds shall be
prepared on the basis of revenue and | 26 | | expenditure measurement concepts that are
in concert with |
| | | 10200HB0594sam004 | - 5 - | LRB102 10655 AMC 30299 a |
|
| 1 | | generally 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 | 9 | | revenue
estimates used in the State budget for the budgeted | 10 | | funds shall include the
estimated beginning fund balance, plus
| 11 | | revenues estimated to be received during the budgeted year, | 12 | | plus the estimated
receipts due the State as of June 30 of the | 13 | | budgeted year that are expected to
be collected during the | 14 | | lapse period following the budgeted year, minus the
receipts | 15 | | collected during the first 2 months of the budgeted year that | 16 | | became
due to the State in the year before the budgeted year. | 17 | | Revenues shall also
include estimated federal reimbursements | 18 | | associated with the recognition of
Section 25 of the State | 19 | | Finance Act liabilities. For any budgeted fund
for which | 20 | | current year revenues are anticipated to exceed expenditures, | 21 | | the
surplus shall be considered to be a resource available for | 22 | | expenditure in the
budgeted fiscal year. | 23 | | Expenditure estimates for the budgeted funds included in | 24 | | the State budget
shall include the costs to be incurred by the | 25 | | State for the budgeted year,
to be paid in the next fiscal | 26 | | year, excluding costs paid in the budgeted year
which were |
| | | 10200HB0594sam004 | - 6 - | LRB102 10655 AMC 30299 a |
|
| 1 | | carried over from the prior year, where the payment is | 2 | | authorized by
Section
25 of the State Finance Act. For any | 3 | | budgeted fund
for which expenditures are expected to exceed | 4 | | revenues in the current fiscal
year, the deficit shall be | 5 | | considered as a use of funds in the budgeted fiscal
year. | 6 | | Revenues and expenditures shall also include transfers | 7 | | between funds that are
based on revenues received or costs | 8 | | incurred during the budget year. | 9 | | Appropriations for expenditures shall also include all | 10 | | anticipated statutory continuing appropriation obligations | 11 | | that are expected to be incurred during the budgeted fiscal | 12 | | year. | 13 | | By
March 15 of each year, the
Commission on Government | 14 | | Forecasting and Accountability shall prepare
revenue and fund | 15 | | transfer estimates in accordance with the requirements of this
| 16 | | Section and report those estimates to the General Assembly and | 17 | | the Governor. | 18 | | For all funds other than the budgeted funds, the proposed | 19 | | expenditures shall
not exceed funds estimated to be available | 20 | | for the fiscal year as shown in the
budget. Appropriation for a | 21 | | fiscal year shall not exceed funds estimated by
the General | 22 | | Assembly to be available during that year. | 23 | | (b) By February 24, 2010, the Governor must file a written | 24 | | report with the Secretary of the Senate and the Clerk of the | 25 | | House of Representatives containing the following: | 26 | | (1) for fiscal year 2010, the revenues for all |
| | | 10200HB0594sam004 | - 7 - | LRB102 10655 AMC 30299 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 | 17 | | members of the General Assembly and members of the public may | 18 | | make written budget recommendations to the Governor. | 19 | | Beginning with budgets prepared for fiscal year 2013, the | 20 | | budgets submitted by the Governor and appropriations made by | 21 | | the General Assembly for all executive branch State agencies | 22 | | must adhere to a method of budgeting where each priority must | 23 | | be justified each year according to merit rather than | 24 | | according to the amount appropriated for the preceding year. | 25 | | (Source: P.A. 97-669, eff. 1-13-12; 97-813, eff. 7-13-12; | 26 | | 98-2, eff. 2-19-13; 98-626, eff. 2-5-14.)"; and |
| | | 10200HB0594sam004 | - 8 - | LRB102 10655 AMC 30299 a |
|
| 1 | | on page 65, immediately below line 12, by inserting the | 2 | | following:
| 3 | | "Section 66. If and only if House Bill 3666 of the 102nd | 4 | | General Assembly becomes law (as amended by Senate Amendment | 5 | | No. 6), the Energy Assistance Act is amended by changing | 6 | | Section 13 as follows:
| 7 | | (305 ILCS 20/13)
| 8 | | (Text of Section from P.A. 102-16) | 9 | | (Section scheduled to be repealed on January 1, 2025) | 10 | | Sec. 13. Supplemental Low-Income Energy Assistance Fund.
| 11 | | (a) The Supplemental Low-Income Energy Assistance
Fund is | 12 | | hereby created as a special fund in the State
Treasury. | 13 | | Notwithstanding any other law to the contrary, the | 14 | | Supplemental Low-Income Energy Assistance Fund is not subject | 15 | | to sweeps, administrative charge-backs, or any other fiscal or | 16 | | budgetary maneuver that would in any way transfer any amounts | 17 | | from the Supplemental Low-Income Energy Assistance Fund into | 18 | | any other fund of the State. The Supplemental Low-Income | 19 | | Energy Assistance Fund
is authorized to receive moneys from | 20 | | voluntary donations from individuals, foundations, | 21 | | corporations, and other sources, moneys received pursuant to | 22 | | Section 17, and, by statutory deposit, the moneys
collected | 23 | | pursuant to this Section. The Fund is also authorized to |
| | | 10200HB0594sam004 | - 9 - | LRB102 10655 AMC 30299 a |
|
| 1 | | receive voluntary donations from individuals, foundations, | 2 | | corporations, and other sources. Subject to appropriation,
the | 3 | | Department shall use
moneys from the Supplemental Low-Income | 4 | | Energy Assistance Fund
for payments to electric or gas public | 5 | | utilities,
municipal electric or gas utilities, and electric | 6 | | cooperatives
on behalf of their customers who are participants | 7 | | in the
program authorized by Sections 4 and 18 of this Act, for | 8 | | the provision of
weatherization services and for
| 9 | | administration of the Supplemental Low-Income Energy
| 10 | | Assistance Fund. All other deposits outside of the Energy | 11 | | Assistance Charge as set forth in subsection (b) are not | 12 | | subject to the percentage restrictions related to | 13 | | administrative and weatherization expenses provided in this | 14 | | subsection. The yearly expenditures for weatherization may not | 15 | | exceed 10%
of the amount collected during the year pursuant to | 16 | | this Section, except when unspent funds from the Supplemental | 17 | | Low-Income Energy Assistance Fund are reallocated from a | 18 | | previous year; any unspent balance of the 10% weatherization | 19 | | allowance may be utilized for weatherization expenses in the | 20 | | year they are reallocated. The yearly administrative expenses | 21 | | of the
Supplemental Low-Income Energy Assistance Fund may not | 22 | | exceed
13% of the amount collected during that year
pursuant | 23 | | to this Section, except when unspent funds from the | 24 | | Supplemental Low-Income Energy Assistance Fund are reallocated | 25 | | from a previous year; any unspent balance of the 13% | 26 | | administrative allowance may be utilized for administrative |
| | | 10200HB0594sam004 | - 10 - | LRB102 10655 AMC 30299 a |
|
| 1 | | expenses in the year they are reallocated. Of the 13% | 2 | | administrative allowance, no less than 8% shall be provided to | 3 | | Local Administrative Agencies for administrative expenses.
| 4 | | (b) Notwithstanding the provisions of Section 16-111
of | 5 | | the Public Utilities Act but subject to subsection (k) of this | 6 | | Section,
each public utility, electric
cooperative, as defined | 7 | | in Section 3.4 of the Electric Supplier Act,
and municipal | 8 | | utility, as referenced in Section 3-105 of the Public | 9 | | Utilities
Act, that is engaged in the delivery of electricity | 10 | | or the
distribution of natural gas within the State of | 11 | | Illinois
shall, effective January 1, 2021 2022 ,
assess each of
| 12 | | its customer accounts a monthly Energy Assistance Charge for
| 13 | | the Supplemental Low-Income Energy Assistance Fund.
The | 14 | | delivering public utility, municipal electric or gas utility, | 15 | | or electric
or gas
cooperative for a self-assessing purchaser | 16 | | remains subject to the collection of
the
fee imposed by this | 17 | | Section.
The
monthly charge shall be as follows:
| 18 | | (1) Base Energy Assistance Charge per month on each
| 19 | | account for residential electrical service; | 20 | | (2) Base Energy Assistance Charge per month on each
| 21 | | account for residential gas service; | 22 | | (3) Ten times the Base Energy Assistance Charge per
| 23 | | month on each account for non-residential electric
service | 24 | | which had less than 10 megawatts of peak
demand during the | 25 | | previous calendar year; | 26 | | (4) Ten times the Base Energy Assistance Charge per
|
| | | 10200HB0594sam004 | - 11 - | LRB102 10655 AMC 30299 a |
|
| 1 | | month on each account for non-residential gas
service | 2 | | which had distributed to it less than
4,000,000 therms of | 3 | | gas during the previous
calendar year; | 4 | | (5) Three hundred and seventy-five times the Base
| 5 | | Energy Assistance Charge per month on each account
for | 6 | | non-residential electric service which had 10
megawatts or | 7 | | greater of peak demand during the
previous calendar year; | 8 | | and | 9 | | (6) Three hundred and seventy-five times the Base
| 10 | | Energy Assistance Charge per month on each account
For | 11 | | non-residential gas service which had
4,000,000 or more | 12 | | therms of gas distributed to it
during the previous | 13 | | calendar year. | 14 | | The Base Energy Assistance Charge shall be $0.48
per month | 15 | | for the calendar year beginning January
1, 2022 and shall | 16 | | increase by $0.16 per month for
any calendar year, provided no | 17 | | less than 80% of the
previous State fiscal year's available
| 18 | | Supplemental Low-Income Energy Assistance Fund
funding was | 19 | | exhausted. The maximum Base Energy
Assistance Charge shall not | 20 | | exceed $0.96 per month
for any calendar year.
| 21 | | The incremental change to such charges imposed by Public | 22 | | Act 99-933 and this amendatory Act of the 102nd General | 23 | | Assembly shall not (i) be used for any purpose other than to | 24 | | directly assist customers and (ii) be applicable to utilities | 25 | | serving less than 100,000 customers in Illinois on January 1, | 26 | | 2021. The incremental change to such charges imposed by this |
| | | 10200HB0594sam004 | - 12 - | LRB102 10655 AMC 30299 a |
|
| 1 | | amendatory Act of the 102nd General Assembly are intended to | 2 | | increase utilization of the Percentage of Income Payment Plan | 3 | | (PIPP or PIP Plan) and shall be applied such that PIP Plan | 4 | | enrollment is at least doubled, as compared to 2020 | 5 | | enrollment, by 2024. | 6 | | In addition, electric and gas utilities have committed, | 7 | | and shall contribute, a one-time payment of $22 million to the | 8 | | Fund, within 10 days after the effective date of the tariffs | 9 | | established pursuant to Sections 16-111.8 and 19-145 of the | 10 | | Public Utilities Act to be used for the Department's cost of | 11 | | implementing the programs described in Section 18 of this | 12 | | amendatory Act of the 96th General Assembly, the Arrearage | 13 | | Reduction Program described in Section 18, and the programs | 14 | | described in Section 8-105 of the Public Utilities Act. If a | 15 | | utility elects not to file a rider within 90 days after the | 16 | | effective date of this amendatory Act of the 96th General | 17 | | Assembly, then the contribution from such utility shall be | 18 | | made no later than February 1, 2010.
| 19 | | (c) For purposes of this Section:
| 20 | | (1) "residential electric service" means
electric | 21 | | utility service for household purposes delivered to a
| 22 | | dwelling of 2 or fewer units which is billed under a
| 23 | | residential rate, or electric utility service for | 24 | | household
purposes delivered to a dwelling unit or units | 25 | | which is billed
under a residential rate and is registered | 26 | | by a separate meter
for each dwelling unit;
|
| | | 10200HB0594sam004 | - 13 - | LRB102 10655 AMC 30299 a |
|
| 1 | | (2) "residential gas service" means gas utility
| 2 | | service for household purposes distributed to a dwelling | 3 | | of
2 or fewer units which is billed under a residential | 4 | | rate,
or gas utility service for household purposes | 5 | | distributed to a
dwelling unit or units which is billed | 6 | | under a residential
rate and is registered by a separate | 7 | | meter for each dwelling
unit;
| 8 | | (3) "non-residential electric service" means
electric | 9 | | utility service which is not residential electric
service; | 10 | | and
| 11 | | (4) "non-residential gas service" means gas
utility | 12 | | service which is not residential gas service.
| 13 | | (d) Within 30 days after the effective date of this | 14 | | amendatory Act of the 96th General Assembly, each public
| 15 | | utility engaged in the delivery of electricity or the
| 16 | | distribution of natural gas shall file with the Illinois
| 17 | | Commerce Commission tariffs incorporating the Energy
| 18 | | Assistance Charge in other charges stated in such tariffs, | 19 | | which shall become effective no later than the beginning of | 20 | | the first billing cycle following such filing.
| 21 | | (e) The Energy Assistance Charge assessed by
electric and | 22 | | gas public utilities shall be considered a charge
for public | 23 | | utility service.
| 24 | | (f) By the 20th day of the month following the month in | 25 | | which the charges
imposed by the Section were collected, each | 26 | | public
utility,
municipal utility, and electric cooperative |
| | | 10200HB0594sam004 | - 14 - | LRB102 10655 AMC 30299 a |
|
| 1 | | shall remit to the
Department of Revenue all moneys received | 2 | | as payment of the
Energy Assistance Charge on a return | 3 | | prescribed and furnished by the
Department of Revenue showing | 4 | | such information as the Department of Revenue may
reasonably | 5 | | require; provided, however, that a utility offering an | 6 | | Arrearage Reduction Program or Supplemental Arrearage | 7 | | Reduction Program pursuant to Section 18 of this Act shall be | 8 | | entitled to net those amounts necessary to fund and recover | 9 | | the costs of such Programs as authorized by that Section that | 10 | | is no more than the incremental change in such Energy | 11 | | Assistance Charge authorized by Public Act 96-33. If a | 12 | | customer makes a partial payment, a public
utility, municipal
| 13 | | utility, or electric cooperative may elect either: (i) to | 14 | | apply
such partial payments first to amounts owed to the
| 15 | | utility or cooperative for its services and then to payment
| 16 | | for the Energy Assistance Charge or (ii) to apply such partial | 17 | | payments
on a pro-rata basis between amounts owed to the
| 18 | | utility or cooperative for its services and to payment for the
| 19 | | Energy Assistance Charge.
| 20 | | If any payment provided for in this Section exceeds the | 21 | | distributor's liabilities under this Act, as shown on an | 22 | | original return, the Department may authorize the distributor | 23 | | to credit such excess payment against liability subsequently | 24 | | to be remitted to the Department under this Act, in accordance | 25 | | with reasonable rules adopted by the Department. If the | 26 | | Department subsequently determines that all or any part of the |
| | | 10200HB0594sam004 | - 15 - | LRB102 10655 AMC 30299 a |
|
| 1 | | credit taken was not actually due to the distributor, the | 2 | | distributor's discount shall be reduced by an amount equal to | 3 | | the difference between the discount as applied to the credit | 4 | | taken and that actually due, and that distributor shall be | 5 | | liable for penalties and interest on such difference. | 6 | | (g) The Department of Revenue shall deposit into the
| 7 | | Supplemental Low-Income Energy Assistance Fund all moneys
| 8 | | remitted to it in accordance with subsection (f) of this
| 9 | | Section. The utilities shall coordinate with the Department to | 10 | | establish an equitable and practical methodology for | 11 | | implementing this subsection (g) beginning with the 2010 | 12 | | program year.
| 13 | | (h) On or before December 31, 2002, the Department shall
| 14 | | prepare a report for the General Assembly on the expenditure | 15 | | of funds
appropriated from the Low-Income Energy Assistance | 16 | | Block Grant Fund for the
program authorized under Section 4 of | 17 | | this Act.
| 18 | | (i) The Department of Revenue may establish such
rules as | 19 | | it deems necessary to implement this Section.
| 20 | | (j) The Department of Commerce and Economic Opportunity
| 21 | | may establish such rules as it deems necessary to implement
| 22 | | this Section.
| 23 | | (k) The charges imposed by this Section shall only apply | 24 | | to customers of
municipal electric or gas utilities and | 25 | | electric or gas cooperatives if
the municipal
electric or gas
| 26 | | utility or electric or gas cooperative makes an affirmative |
| | | 10200HB0594sam004 | - 16 - | LRB102 10655 AMC 30299 a |
|
| 1 | | decision to
impose the
charge. If a municipal electric or gas | 2 | | utility or an electric
cooperative makes an affirmative | 3 | | decision to impose the charge provided by
this
Section, the | 4 | | municipal electric or gas utility or electric cooperative | 5 | | shall
inform the
Department of Revenue in writing of such | 6 | | decision when it begins to impose the
charge. If a municipal | 7 | | electric or gas utility or electric or gas
cooperative does | 8 | | not
assess
this charge, the Department may not use funds from | 9 | | the Supplemental Low-Income
Energy Assistance Fund to provide | 10 | | benefits to its customers under the program
authorized by | 11 | | Section 4 of this Act.
| 12 | | In its use of federal funds under this Act, the Department | 13 | | may not cause a
disproportionate share of those federal funds | 14 | | to benefit customers of systems
which do not assess the charge | 15 | | provided by this Section.
| 16 | | This Section is repealed on January 1, 2025
unless
renewed | 17 | | by action of the General Assembly.
| 18 | | (Source: P.A. 102-16, eff. 6-17-21; 10200HB3666sam006.)
| 19 | | (Text of Section from P.A. 102-176) | 20 | | (Section scheduled to be repealed on January 1, 2025) | 21 | | Sec. 13. Supplemental Low-Income Energy Assistance Fund.
| 22 | | (a) The Supplemental Low-Income Energy Assistance
Fund is | 23 | | hereby created as a special fund in the State
Treasury. The | 24 | | Supplemental Low-Income Energy Assistance Fund
is authorized | 25 | | to receive moneys from voluntary donations from individuals, |
| | | 10200HB0594sam004 | - 17 - | LRB102 10655 AMC 30299 a |
|
| 1 | | foundations, corporations, and other sources, moneys received | 2 | | pursuant to Section 17, and, by statutory deposit, the moneys
| 3 | | collected pursuant to this Section. The Fund is also | 4 | | authorized to receive voluntary donations from individuals, | 5 | | foundations, corporations, and other sources. Subject to | 6 | | appropriation,
the Department shall use
moneys from the | 7 | | Supplemental Low-Income Energy Assistance Fund
for payments to | 8 | | electric or gas public utilities,
municipal electric or gas | 9 | | utilities, and electric cooperatives
on behalf of their | 10 | | customers who are participants in the
program authorized by | 11 | | Sections 4 and 18 of this Act, for the provision of
| 12 | | weatherization services and for
administration of the | 13 | | Supplemental Low-Income Energy
Assistance Fund. All other | 14 | | deposits outside of the Energy Assistance Charge as set forth | 15 | | in subsection (b) are not subject to the percentage | 16 | | restrictions related to administrative and weatherization | 17 | | expenses provided in this subsection. The yearly expenditures | 18 | | for weatherization may not exceed 10%
of the amount collected | 19 | | during the year pursuant to this Section, except when unspent | 20 | | funds from the Supplemental Low-Income Energy Assistance Fund | 21 | | are reallocated from a previous year; any unspent balance of | 22 | | the 10% weatherization allowance may be utilized for | 23 | | weatherization expenses in the year they are reallocated. The | 24 | | yearly administrative expenses of the
Supplemental Low-Income | 25 | | Energy Assistance Fund may not exceed
13% of the amount | 26 | | collected during that year
pursuant to this Section, except |
| | | 10200HB0594sam004 | - 18 - | LRB102 10655 AMC 30299 a |
|
| 1 | | when unspent funds from the Supplemental Low-Income Energy | 2 | | Assistance Fund are reallocated from a previous year; any | 3 | | unspent balance of the 13% administrative allowance may be | 4 | | utilized for administrative expenses in the year they are | 5 | | reallocated. Of the 13% administrative allowance, no less than | 6 | | 8% shall be provided to Local Administrative Agencies for | 7 | | administrative expenses.
| 8 | | (b) Notwithstanding the provisions of Section 16-111
of | 9 | | the Public Utilities Act but subject to subsection (k) of this | 10 | | Section,
each public utility, electric
cooperative, as defined | 11 | | in Section 3.4 of the Electric Supplier Act,
and municipal | 12 | | utility, as referenced in Section 3-105 of the Public | 13 | | Utilities
Act, that is engaged in the delivery of electricity | 14 | | or the
distribution of natural gas within the State of | 15 | | Illinois
shall, effective January 1, 2021 2022 ,
assess each of
| 16 | | its customer accounts a monthly Energy Assistance Charge for
| 17 | | the Supplemental Low-Income Energy Assistance Fund.
The | 18 | | delivering public utility, municipal electric or gas utility, | 19 | | or electric
or gas
cooperative for a self-assessing purchaser | 20 | | remains subject to the collection of
the
fee imposed by this | 21 | | Section.
The
monthly charge shall be as follows:
| 22 | | (1) Base Energy Assistance Charge per month on each
| 23 | | account for residential electrical service; | 24 | | (2) Base Energy Assistance Charge per month on each
| 25 | | account for residential gas service; | 26 | | (3) Ten times the Base Energy Assistance Charge per
|
| | | 10200HB0594sam004 | - 19 - | LRB102 10655 AMC 30299 a |
|
| 1 | | month on each account for non-residential electric
service | 2 | | which had less than 10 megawatts of peak
demand during the | 3 | | previous calendar year; | 4 | | (4) Ten times the Base Energy Assistance Charge per
| 5 | | month on each account for non-residential gas
service | 6 | | which had distributed to it less than
4,000,000 therms of | 7 | | gas during the previous
calendar year; | 8 | | (5) Three hundred and seventy-five times the Base
| 9 | | Energy Assistance Charge per month on each account
for | 10 | | non-residential electric service which had 10
megawatts or | 11 | | greater of peak demand during the
previous calendar year; | 12 | | and | 13 | | (6) Three hundred and seventy-five times the Base
| 14 | | Energy Assistance Charge per month on each account
for | 15 | | non-residential gas service which had
4,000,000 or more | 16 | | therms of gas distributed to it
during the previous | 17 | | calendar year. | 18 | | The Base Energy Assistance Charge shall be $0.48
per month | 19 | | for the calendar year beginning January
1, 2022 and shall | 20 | | increase by $0.16 per month for
any calendar year, provided no | 21 | | less than 80% of the
previous State fiscal year's available
| 22 | | Supplemental Low-Income Energy Assistance Fund
funding was | 23 | | exhausted. The maximum Base Energy
Assistance Charge shall not | 24 | | exceed $0.96 per month
for any calendar year.
| 25 | | The incremental change to such charges imposed by Public | 26 | | Act 99-933 and this amendatory Act of the 102nd General |
| | | 10200HB0594sam004 | - 20 - | LRB102 10655 AMC 30299 a |
|
| 1 | | Assembly shall not (i) be used for any purpose other than to | 2 | | directly assist customers and (ii) be applicable to utilities | 3 | | serving less than 100,000 customers in Illinois on January 1, | 4 | | 2021. The incremental change to such charges imposed by this | 5 | | amendatory Act of the 102nd General Assembly are intended to | 6 | | increase utilization of the Percentage of Income Payment Plan | 7 | | (PIPP or PIP Plan) and shall be applied such that PIP Plan | 8 | | enrollment is at least doubled, as compared to 2020 | 9 | | enrollment, by 2024. | 10 | | In addition, electric and gas utilities have committed, | 11 | | and shall contribute, a one-time payment of $22 million to the | 12 | | Fund, within 10 days after the effective date of the tariffs | 13 | | established pursuant to Sections 16-111.8 and 19-145 of the | 14 | | Public Utilities Act to be used for the Department's cost of | 15 | | implementing the programs described in Section 18 of this | 16 | | amendatory Act of the 96th General Assembly, the Arrearage | 17 | | Reduction Program described in Section 18, and the programs | 18 | | described in Section 8-105 of the Public Utilities Act. If a | 19 | | utility elects not to file a rider within 90 days after the | 20 | | effective date of this amendatory Act of the 96th General | 21 | | Assembly, then the contribution from such utility shall be | 22 | | made no later than February 1, 2010.
| 23 | | (c) For purposes of this Section:
| 24 | | (1) "residential electric service" means
electric | 25 | | utility service for household purposes delivered to a
| 26 | | dwelling of 2 or fewer units which is billed under a
|
| | | 10200HB0594sam004 | - 21 - | LRB102 10655 AMC 30299 a |
|
| 1 | | residential rate, or electric utility service for | 2 | | household
purposes delivered to a dwelling unit or units | 3 | | which is billed
under a residential rate and is registered | 4 | | by a separate meter
for each dwelling unit;
| 5 | | (2) "residential gas service" means gas utility
| 6 | | service for household purposes distributed to a dwelling | 7 | | of
2 or fewer units which is billed under a residential | 8 | | rate,
or gas utility service for household purposes | 9 | | distributed to a
dwelling unit or units which is billed | 10 | | under a residential
rate and is registered by a separate | 11 | | meter for each dwelling
unit;
| 12 | | (3) "non-residential electric service" means
electric | 13 | | utility service which is not residential electric
service; | 14 | | and
| 15 | | (4) "non-residential gas service" means gas
utility | 16 | | service which is not residential gas service.
| 17 | | (d) Within 30 days after the effective date of this | 18 | | amendatory Act of the 96th General Assembly, each public
| 19 | | utility engaged in the delivery of electricity or the
| 20 | | distribution of natural gas shall file with the Illinois
| 21 | | Commerce Commission tariffs incorporating the Energy
| 22 | | Assistance Charge in other charges stated in such tariffs, | 23 | | which shall become effective no later than the beginning of | 24 | | the first billing cycle following such filing.
| 25 | | (e) The Energy Assistance Charge assessed by
electric and | 26 | | gas public utilities shall be considered a charge
for public |
| | | 10200HB0594sam004 | - 22 - | LRB102 10655 AMC 30299 a |
|
| 1 | | utility service.
| 2 | | (f) By the 20th day of the month following the month in | 3 | | which the charges
imposed by the Section were collected, each | 4 | | public
utility,
municipal utility, and electric cooperative | 5 | | shall remit to the
Department of Revenue all moneys received | 6 | | as payment of the
Energy Assistance Charge on a return | 7 | | prescribed and furnished by the
Department of Revenue showing | 8 | | such information as the Department of Revenue may
reasonably | 9 | | require; provided, however, that a utility offering an | 10 | | Arrearage Reduction Program or Supplemental Arrearage | 11 | | Reduction Program pursuant to Section 18 of this Act shall be | 12 | | entitled to net those amounts necessary to fund and recover | 13 | | the costs of such Programs as authorized by that Section that | 14 | | is no more than the incremental change in such Energy | 15 | | Assistance Charge authorized by Public Act 96-33. If a | 16 | | customer makes a partial payment, a public
utility, municipal
| 17 | | utility, or electric cooperative may elect either: (i) to | 18 | | apply
such partial payments first to amounts owed to the
| 19 | | utility or cooperative for its services and then to payment
| 20 | | for the Energy Assistance Charge or (ii) to apply such partial | 21 | | payments
on a pro-rata basis between amounts owed to the
| 22 | | utility or cooperative for its services and to payment for the
| 23 | | Energy Assistance Charge.
| 24 | | If any payment provided for in this Section exceeds the | 25 | | distributor's liabilities under this Act, as shown on an | 26 | | original return, the Department may authorize the distributor |
| | | 10200HB0594sam004 | - 23 - | LRB102 10655 AMC 30299 a |
|
| 1 | | to credit such excess payment against liability subsequently | 2 | | to be remitted to the Department under this Act, in accordance | 3 | | with reasonable rules adopted by the Department. If the | 4 | | Department subsequently determines that all or any part of the | 5 | | credit taken was not actually due to the distributor, the | 6 | | distributor's discount shall be reduced by an amount equal to | 7 | | the difference between the discount as applied to the credit | 8 | | taken and that actually due, and that distributor shall be | 9 | | liable for penalties and interest on such difference. | 10 | | (g) The Department of Revenue shall deposit into the
| 11 | | Supplemental Low-Income Energy Assistance Fund all moneys
| 12 | | remitted to it in accordance with subsection (f) of this
| 13 | | Section. The utilities shall coordinate with the Department to | 14 | | establish an equitable and practical methodology for | 15 | | implementing this subsection (g) beginning with the 2010 | 16 | | program year.
| 17 | | (h) On or before December 31, 2002, the Department shall
| 18 | | prepare a report for the General Assembly on the expenditure | 19 | | of funds
appropriated from the Low-Income Energy Assistance | 20 | | Block Grant Fund for the
program authorized under Section 4 of | 21 | | this 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 Commerce and Economic Opportunity
| 25 | | may establish such rules as it deems necessary to implement
| 26 | | this Section.
|
| | | 10200HB0594sam004 | - 24 - | LRB102 10655 AMC 30299 a |
|
| 1 | | (k) The charges imposed by this Section shall only apply | 2 | | to customers of
municipal electric or gas utilities and | 3 | | electric or gas cooperatives if
the municipal
electric or gas
| 4 | | utility or electric or gas cooperative makes an affirmative | 5 | | decision to
impose the
charge. If a municipal electric or gas | 6 | | utility or an electric
cooperative makes an affirmative | 7 | | decision to impose the charge provided by
this
Section, the | 8 | | municipal electric or gas utility or electric cooperative | 9 | | shall
inform the
Department of Revenue in writing of such | 10 | | decision when it begins to impose the
charge. If a municipal | 11 | | electric or gas utility or electric or gas
cooperative does | 12 | | not
assess
this charge, the Department may not use funds from | 13 | | the Supplemental Low-Income
Energy Assistance Fund to provide | 14 | | benefits to its customers under the program
authorized by | 15 | | Section 4 of this Act.
| 16 | | In its use of federal funds under this Act, the Department | 17 | | may not cause a
disproportionate share of those federal funds | 18 | | to benefit customers of systems
which do not assess the charge | 19 | | provided by this Section.
| 20 | | This Section is repealed on January 1, 2025
unless
renewed | 21 | | by action of the General Assembly.
| 22 | | (Source: P.A. 102-176, eff. 6-1-22.; 10200HB3666sam006.)"; and
| 23 | | on page 96, line 5, by replacing "law" with "law, except that | 24 | | Section 66 takes effect upon becoming law or on the date House | 25 | | Bill 3666 of the 102nd General Assembly takes effect, |
| | | 10200HB0594sam004 | - 25 - | LRB102 10655 AMC 30299 a |
|
| 1 | | whichever is later".
|
|