Illinois General Assembly - Full Text of SB0265
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Full Text of SB0265  102nd General Assembly




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1    AN ACT concerning public aid.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Energy Assistance Act is amended by
5changing Sections 6, 13, and 18 and by adding Section 20 as
7    (305 ILCS 20/6)  (from Ch. 111 2/3, par. 1406)
8    Sec. 6. Eligibility, Conditions of Participation, and
9Energy Assistance.
10    (a) Any person who is a resident of the State of Illinois
11and whose household income is not greater than an amount
12determined annually by the Department, in consultation with
13the Policy Advisory Council, may apply for assistance pursuant
14to this Act in accordance with regulations promulgated by the
15Department. In setting the annual eligibility level, the
16Department shall consider the amount of available funding and
17may not set a limit higher than 150% of the federal nonfarm
18poverty level as established by the federal Office of
19Management and Budget or 60% of the State median income for the
20current State fiscal year as established by the U.S.
21Department of Health and Human Services; except that for the
22period from the effective date of this amendatory Act of the
23101st General Assembly through June 30, 2021, the Department



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1may establish limits not higher than 200% of that poverty
2level. The Department, in consultation with the Policy
3Advisory Council, may adjust the percentage of poverty level
4annually in accordance with federal guidelines and based on
5funding availability.
6    (b) Applicants who qualify for assistance pursuant to
7subsection (a) of this Section shall, subject to appropriation
8from the General Assembly and subject to availability of funds
9to the Department, receive energy assistance as provided by
10this Act. The Department, upon receipt of monies authorized
11pursuant to this Act for energy assistance, shall commit funds
12for each qualified applicant in an amount determined by the
13Department. In determining the amounts of assistance to be
14provided to or on behalf of a qualified applicant, the
15Department shall ensure that the highest amounts of assistance
16go to households with the greatest energy costs in relation to
17household income. The Department shall include factors such as
18energy costs, household size, household income, and region of
19the State when determining individual household benefits. In
20setting assistance levels, the Department shall attempt to
21provide assistance to approximately the same number of
22households who participated in the 1991 Residential Energy
23Assistance Partnership Program. Such assistance levels shall
24be adjusted annually on the basis of funding availability and
25energy costs. In promulgating rules for the administration of
26this Section the Department shall assure that a minimum of 1/3



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1of funds available for benefits to eligible households with
2the lowest incomes and that elderly households, households
3with children under the age of 6 years old, and households with
4persons with disabilities are offered a priority application
6    (c) If the applicant is not a customer of record of an
7energy provider for energy services or an applicant for such
8service, such applicant shall receive a direct energy
9assistance payment in an amount established by the Department
10for all such applicants under this Act; provided, however,
11that such an applicant must have rental expenses for housing
12greater than 30% of household income.
13    (c-1) This subsection shall apply only in cases where: (1)
14the applicant is not a customer of record of an energy provider
15because energy services are provided by the owner of the unit
16as a portion of the rent; (2) the applicant resides in housing
17subsidized or developed with funds provided under the Rental
18Housing Support Program Act or under a similar locally funded
19rent subsidy program, or is the voucher holder who resides in a
20rental unit within the State of Illinois and whose monthly
21rent is subsidized by the tenant-based Housing Choice Voucher
22Program under Section 8 of the U.S. Housing Act of 1937; and
23(3) the rental expenses for housing are no more than 30% of
24household income. In such cases, the household may apply for
25an energy assistance payment under this Act and the owner of
26the housing unit shall cooperate with the applicant by



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1providing documentation of the energy costs for that unit. Any
2compensation paid to the energy provider who supplied energy
3services to the household shall be paid on behalf of the owner
4of the housing unit providing energy services to the
5household. The Department shall report annually to the General
6Assembly on the number of households receiving energy
7assistance under this subsection and the cost of such
8assistance. The provisions of this subsection (c-1), other
9than this sentence, are inoperative after August 31, 2012.
10    (d) If the applicant is a customer of an energy provider,
11such applicant shall receive energy assistance in an amount
12established by the Department for all such applicants under
13this Act, such amount to be paid by the Department to the
14energy provider supplying winter energy service to such
15applicant. Such applicant shall:
16        (i) make all reasonable efforts to apply to any other
17    appropriate source of public energy assistance; and
18        (ii) sign a waiver permitting the Department to
19    receive income information from any public or private
20    agency providing income or energy assistance and from any
21    employer, whether public or private.
22    (e) Any qualified applicant pursuant to this Section may
23receive or have paid on such applicant's behalf an emergency
24assistance payment to enable such applicant to obtain access
25to winter energy services. Any such payments shall be made in
26accordance with regulations of the Department.



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1    (f) The Department may, if sufficient funds are available,
2provide additional benefits to certain qualified applicants:
3        (i) for the reduction of past due amounts owed to
4    energy providers; and
5        (ii) to assist the household in responding to
6    excessively high summer temperatures or energy costs.
7    Households containing elderly members, children, a person
8    with a disability, or a person with a medical need for
9    conditioned air shall receive priority for receipt of such
10    benefits.
11(Source: P.A. 101-636, eff. 6-10-20.)
12    (305 ILCS 20/13)
13    (Section scheduled to be repealed on January 1, 2025)
14    Sec. 13. Supplemental Low-Income Energy Assistance Fund.
15    (a) The Supplemental Low-Income Energy Assistance Fund is
16hereby created as a special fund in the State Treasury.
17Notwithstanding any other law to the contrary, the
18Supplemental Low-Income Energy Assistance Fund is not subject
19to sweeps, administrative charge-backs, or any other fiscal or
20budgetary maneuver that would in any way transfer any amounts
21from the Supplemental Low-Income Energy Assistance Fund into
22any other fund of the State. The Supplemental Low-Income
23Energy Assistance Fund is authorized to receive moneys from
24voluntary donations from individuals, foundations,
25corporations, and other sources, moneys received pursuant to



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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% 10% of the amount collected during that year
25pursuant to this Section, except when unspent funds from the
26Supplemental Low-Income Energy Assistance Fund are reallocated



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1from a previous year; any unspent balance of the 13% 10%
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, 2022 effective January 1,
141998, assess each of its customer accounts a monthly Energy
15Assistance Charge for the Supplemental Low-Income Energy
16Assistance Fund. The delivering public utility, municipal
17electric or gas utility, or electric or gas cooperative for a
18self-assessing purchaser remains subject to the collection of
19the fee imposed by this Section. The monthly charge shall be as
21        (1) Base Energy Assistance Charge per month on each
22    account for residential electrical service;
23        (2) Base Energy Assistance Charge per month on each
24    account for residential gas service;
25        (3) Ten times the Base Energy Assistance Charge per
26    month on each account for non-residential electric service



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



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1    gas service;
2        (3) $4.80 per month on each account for
3    non-residential electric service which had less than 10
4    megawatts of peak demand during the previous calendar
5    year;
6        (4) $4.80 per month on each account for
7    non-residential gas service which had distributed to it
8    less than 4,000,000 therms of gas during the previous
9    calendar year;
10        (5) $360 per month on each account for non-residential
11    electric service which had 10 megawatts or greater of peak
12    demand during the previous calendar year; and
13        (6) $360 per month on each account for non-residential
14    gas service which had 4,000,000 or more therms of gas
15    distributed to it during the previous calendar year.
16    The incremental change to such charges imposed by Public
17Act 99-933 and this amendatory Act of the 102nd General
18Assembly this amendatory Act of the 96th General Assembly
19shall not (i) be used for any purpose other than to directly
20assist customers and (ii) be applicable to utilities serving
21less than 25,000 100,000 customers in Illinois on January 1,
222021 2009. The incremental change to such charges imposed by
23this amendatory Act of the 102nd General Assembly are intended
24to increase utilization of the Percentage of Income Payment
25Plan (PIPP or PIP Plan) and shall be applied such that PIP Plan
26enrollment is at least doubled, as compared to 2020



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1enrollment, by 2024.
2    In addition, electric and gas utilities have committed,
3and shall contribute, a one-time payment of $22 million to the
4Fund, within 10 days after the effective date of the tariffs
5established pursuant to Sections 16-111.8 and 19-145 of the
6Public Utilities Act to be used for the Department's cost of
7implementing the programs described in Section 18 of this
8amendatory Act of the 96th General Assembly, the Arrearage
9Reduction Program described in Section 18, and the programs
10described in Section 8-105 of the Public Utilities Act. If a
11utility elects not to file a rider within 90 days after the
12effective date of this amendatory Act of the 96th General
13Assembly, then the contribution from such utility shall be
14made no later than February 1, 2010.
15    (c) For purposes of this Section:
16        (1) "residential electric service" means electric
17    utility service for household purposes delivered to a
18    dwelling of 2 or fewer units which is billed under a
19    residential rate, or electric utility service for
20    household purposes delivered to a dwelling unit or units
21    which is billed under a residential rate and is registered
22    by a separate meter for each dwelling unit;
23        (2) "residential gas service" means gas utility
24    service for household purposes distributed to a dwelling
25    of 2 or fewer units which is billed under a residential
26    rate, or gas utility service for household purposes



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



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1require; provided, however, that a utility offering an
2Arrearage Reduction Program or Supplemental Arrearage
3Reduction Program pursuant to Section 18 of this Act shall be
4entitled to net those amounts necessary to fund and recover
5the costs of such Programs as authorized by that Section that
6is no more than the incremental change in such Energy
7Assistance Charge authorized by Public Act 96-33. If a
8customer makes a partial payment, a public utility, municipal
9utility, or electric cooperative may elect either: (i) to
10apply such partial payments first to amounts owed to the
11utility or cooperative for its services and then to payment
12for the Energy Assistance Charge or (ii) to apply such partial
13payments on a pro-rata basis between amounts owed to the
14utility or cooperative for its services and to payment for the
15Energy Assistance Charge.
16    If any payment provided for in this Section exceeds the
17distributor's liabilities under this Act, as shown on an
18original return, the Department may authorize the distributor
19to credit such excess payment against liability subsequently
20to be remitted to the Department under this Act, in accordance
21with reasonable rules adopted by the Department. If the
22Department subsequently determines that all or any part of the
23credit taken was not actually due to the distributor, the
24distributor's discount shall be reduced by an amount equal to
25the difference between the discount as applied to the credit
26taken and that actually due, and that distributor shall be



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1liable for penalties and interest on such difference.
2    (g) The Department of Revenue shall deposit into the
3Supplemental Low-Income Energy Assistance Fund all moneys
4remitted to it in accordance with subsection (f) of this
5Section. ; provided, however, that the amounts remitted by
6each utility shall be used to provide assistance to that
7utility's customers. The utilities shall coordinate with the
8Department to establish an equitable and practical methodology
9for implementing this subsection (g) beginning with the 2010
10program year.
11    (h) On or before December 31, 2002, the Department shall
12prepare a report for the General Assembly on the expenditure
13of funds appropriated from the Low-Income Energy Assistance
14Block Grant Fund for the program authorized under Section 4 of
15this Act.
16    (i) The Department of Revenue may establish such rules as
17it deems necessary to implement this Section.
18    (j) The Department of Commerce and Economic Opportunity
19may establish such rules as it deems necessary to implement
20this Section.
21    (k) The charges imposed by this Section shall only apply
22to customers of municipal electric or gas utilities and
23electric or gas cooperatives if the municipal electric or gas
24utility or electric or gas cooperative makes an affirmative
25decision to impose the charge. If a municipal electric or gas
26utility or an electric cooperative makes an affirmative



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1decision to impose the charge provided by this Section, the
2municipal electric or gas utility or electric cooperative
3shall inform the Department of Revenue in writing of such
4decision when it begins to impose the charge. If a municipal
5electric or gas utility or electric or gas cooperative does
6not assess this charge, the Department may not use funds from
7the Supplemental Low-Income Energy Assistance Fund to provide
8benefits to its customers under the program authorized by
9Section 4 of this Act.
10    In its use of federal funds under this Act, the Department
11may not cause a disproportionate share of those federal funds
12to benefit customers of systems which do not assess the charge
13provided by this Section.
14    This Section is repealed on January 1, 2025 unless renewed
15by action of the General Assembly.
16(Source: P.A. 99-457, eff. 1-1-16; 99-906, eff. 6-1-17;
1799-933, eff. 1-27-17; 100-863, eff. 8-14-18; 100-1171, eff.
19    (305 ILCS 20/18)
20    Sec. 18. Financial assistance; payment plans.
21    (a) The Percentage of Income Payment Plan (PIPP or PIP
22Plan) is hereby created as a mandatory bill payment assistance
23program for low-income residential customers of utilities
24serving more than 100,000 retail customers as of January 1,
252021 2009. The PIP Plan will:



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1        (1) bring participants' gas and electric bills into
2    the range of affordability;
3        (2) provide incentives for participants to make timely
4    payments;
5        (3) encourage participants to reduce usage and
6    participate in conservation and energy efficiency measures
7    that reduce the customer's bill and payment requirements;
8    and
9        (4) identify participants whose homes are most in need
10    of weatherization; and .
11        (5) endeavor to maximize participation and spend at
12    least 80% of the funding available for the year.
13    (b) For purposes of this Section:
14        (1) "LIHEAP" means the energy assistance program
15    established under the Illinois Energy Assistance Act and
16    the Low-Income Home Energy Assistance Act of 1981.
17        (2) "Plan participant" is an eligible participant who
18    is also eligible for the PIPP and who will receive either a
19    percentage of income payment credit under the PIPP
20    criteria set forth in this Act or a benefit pursuant to
21    Section 4 of this Act. Plan participants are a subset of
22    eligible participants.
23        (3) "Pre-program arrears" means the amount a plan
24    participant owes for gas or electric service at the time
25    the participant is determined to be eligible for the PIPP
26    or the program set forth in Section 4 of this Act.



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1        (4) "Eligible participant" means any person who has
2    applied for, been accepted and is receiving residential
3    service from a gas or electric utility and who is also
4    eligible for LIHEAP or otherwise satisfies the eligibility
5    criteria set forth in paragraph (1) of subsection (c).
6    (c) The PIP Plan shall be administered as follows:
7        (1) The Department shall coordinate with Local
8    Administrative Agencies (LAAs), to determine eligibility
9    for the Illinois Low Income Home Energy Assistance Program
10    (LIHEAP) pursuant to the Energy Assistance Act, provided
11    that eligible income shall be no more than 150% of the
12    poverty level or 60% of the State median income, except
13    that for the period from the effective date of this
14    amendatory Act of the 101st General Assembly through June
15    30, 2021, eligible income shall be no more than 200% of the
16    poverty level. Applicants will be screened to determine
17    whether the applicant's projected payments for electric
18    service or natural gas service over a 12-month period
19    exceed the criteria established in this Section. The
20    Department, in consultation with the Policy Advisory
21    Council, may adjust the percentage of poverty level
22    annually to determine income eligibility. To maintain the
23    financial integrity of the program, the Department may
24    limit eligibility to households with income below 125% of
25    the poverty level.
26        (2) The Department shall establish the percentage of



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1    income formula to determine the amount of a monthly credit
2    for participants with eligible income based on poverty
3    level. , not to exceed $150 per month per household, not to
4    exceed $1,800 annually; however, for the period from the
5    effective date of this amendatory Act of the 101st General
6    Assembly through June 30, 2021, the monthly credit for
7    participants with eligible income over 100% of the poverty
8    level may be as much as $200 per month per household, not
9    to exceed $2,400 annually, and, the monthly credit for
10    participants with eligible income 100% or less of the
11    poverty level may be as much as $250 per month per
12    household, not to exceed $3,000 annually. Credits will be
13    applied to PIP Plan participants' utility bills based on
14    the portion of the bill that is the responsibility of the
15    participant provided that the percentage shall be no more
16    than a total of 6% of the relevant income for gas and
17    electric utility bills combined, but in any event no less
18    than $10 per month, unless the household does not pay
19    directly for heat, in which case its payment shall be 2.4%
20    of income but in any event no less than $5 per month. The
21    Department, in consultation with the Policy Advisory
22    Council, may adjust such monthly credit amounts annually
23    and may establish a minimum credit amount based on the
24    cost of administering the program and may deny credits to
25    otherwise eligible participants if the cost of
26    administering the credit exceeds the actual amount of any



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1    monthly credit to a participant. If the participant takes
2    both gas and electric service, 50% 66.67% of the credit
3    shall be allocated to the entity that provides the
4    participant's primary energy supply for heating. Each
5    participant shall enter into a levelized payment plan for,
6    as applicable, gas and electric service and such plans
7    shall be implemented by the utility so that a
8    participant's usage and required payments are reviewed and
9    adjusted regularly, but no more frequently than quarterly.
10    Nothing in this Section is intended to prohibit a
11    customer, who is otherwise eligible for LIHEAP, from
12    participating in the program described in Section 4 of
13    this Act. Eligible participants who receive such a benefit
14    shall be considered plan participants and shall be
15    eligible to participate in the Arrearage Reduction Program
16    described in item (5) of this subsection (c).
17        (3) The Department shall remit, through the LAAs, to
18    the utility or participating alternative supplier that
19    portion of the plan participant's bill that is not the
20    responsibility of the participant. In the event that the
21    Department fails to timely remit payment to the utility,
22    the utility shall be entitled to recover all costs related
23    to such nonpayment through the automatic adjustment clause
24    tariffs established pursuant to Section 16-111.8 and
25    Section 19-145 of the Public Utilities Act. For purposes
26    of this item (3) of this subsection (c), payment is due on



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1    the date specified on the participant's bill. The
2    Department, the Department of Revenue and LAAs shall adopt
3    processes that provide for the timely payment required by
4    this item (3) of this subsection (c).
5        (4) A plan participant is responsible for all actual
6    charges for utility service in excess of the PIPP credit.
7    Pre-program arrears that are included in the Arrearage
8    Reduction Program described in item (5) of this subsection
9    (c) shall not be included in the calculation of the
10    levelized payment plan. Emergency or crisis assistance
11    payments shall not affect the amount of any PIPP credit to
12    which a participant is entitled.
13        (5) Electric and gas utilities subject to this Section
14    shall implement an Arrearage Reduction Program (ARP) for
15    plan participants as follows: for each month that a plan
16    participant timely pays his or her utility bill, the
17    utility shall apply a credit to a portion of the
18    participant's pre-program arrears, if any, equal to
19    one-twelfth of such arrearage provided that the total
20    amount of arrearage credits shall equal no more than
21    $1,000 annually for each participant for gas and no more
22    than $1,000 annually for each participant for electricity.
23    In the third year of the PIPP, the Department, in
24    consultation with the Policy Advisory Council established
25    pursuant to Section 5 of this Act, shall determine by rule
26    an appropriate per participant total cap on such amounts,



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1    if any. Those plan participants participating in the ARP
2    shall not be subject to the imposition of any additional
3    late payment fees on pre-program arrears covered by the
4    ARP. In all other respects, the utility shall bill and
5    collect the monthly bill of a plan participant pursuant to
6    the same rules, regulations, programs and policies as
7    applicable to residential customers generally.
8    Participation in the Arrearage Reduction Program shall be
9    limited to the maximum amount of funds available as set
10    forth in subsection (f) of Section 13 of this Act. In the
11    event any donated funds under Section 13 of this Act are
12    specifically designated for the purpose of funding the
13    ARP, the Department shall remit such amounts to the
14    utilities upon verification that such funds are needed to
15    fund the ARP. Nothing in this Section shall preclude a
16    utility from continuing to implement, and apply credits
17    under, an ARP in the event that the PIPP or LIHEAP is
18    suspended due to lack of funding such that the plan
19    participant does not receive a benefit under either the
20    PIPP or LIHEAP.
21        (5.5) In addition to the ARP described in paragraph
22    (5) of this subsection (c), utilities may also implement a
23    Supplemental Arrearage Reduction Program (SARP) for
24    eligible participants who are not able to become plan
25    participants due to PIPP timing or funding constraints. If
26    a utility elects to implement a SARP, it shall be



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1    administered as follows: for each month that a SARP
2    participant timely pays his or her utility bill, the
3    utility shall apply a credit to a portion of the
4    participant's pre-program arrears, if any, equal to
5    one-twelfth of such arrearage, provided that the utility
6    may limit the total amount of arrearage credits to no more
7    than $1,000 annually for each participant for gas and no
8    more than $1,000 annually for each participant for
9    electricity. SARP participants shall not be subject to the
10    imposition of any additional late payment fees on
11    pre-program arrears covered by the SARP. In all other
12    respects, the utility shall bill and collect the monthly
13    bill of a SARP participant under the same rules,
14    regulations, programs, and policies as applicable to
15    residential customers generally. Participation in the SARP
16    shall be limited to the maximum amount of funds available
17    as set forth in subsection (f) of Section 13 of this Act.
18    In the event any donated funds under Section 13 of this Act
19    are specifically designated for the purpose of funding the
20    SARP, the Department shall remit such amounts to the
21    utilities upon verification that such funds are needed to
22    fund the SARP.
23        (6) The Department may terminate a plan participant's
24    eligibility for the PIP Plan upon notification by the
25    utility that the participant's monthly utility payment is
26    more than 75 45 days past due. One-twelfth of a customer's



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1    arrearage shall be deducted from the total arrearage owed
2    for each on-time payment made by the customer.
3        (7) The Department, in consultation with the Policy
4    Advisory Council, may adjust the number of PIP Plan
5    participants annually, if necessary, to match the
6    availability of funds. Any plan participant who qualifies
7    for a PIPP credit under a utility's PIPP shall be entitled
8    to participate in and receive a credit under such
9    utility's ARP for so long as such utility has ARP funds
10    available, regardless of whether the customer's
11    participation under another utility's PIPP or ARP has been
12    curtailed or limited because of a lack of funds.
13        (8) The Department shall fully implement the PIPP at
14    the earliest possible date it is able to effectively
15    administer the PIPP. Within 90 days of the effective date
16    of this amendatory Act of the 96th General Assembly, the
17    Department shall, in consultation with utility companies,
18    participating alternative suppliers, LAAs and the Illinois
19    Commerce Commission (Commission), issue a detailed
20    implementation plan which shall include detailed testing
21    protocols and analysis of the capacity for implementation
22    by the LAAs and utilities. Such consultation process also
23    shall address how to implement the PIPP in the most
24    cost-effective and timely manner, and shall identify
25    opportunities for relying on the expertise of utilities,
26    LAAs and the Commission. Following the implementation of



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1    the testing protocols, the Department shall issue a
2    written report on the feasibility of full or gradual
3    implementation. The PIPP shall be fully implemented by
4    September 1, 2011, but may be phased in prior to that date.
5        (9) As part of the screening process established under
6    item (1) of this subsection (c), the Department and LAAs
7    shall assess whether any energy efficiency or demand
8    response measures are available to the plan participant at
9    no cost, and if so, the participant shall enroll in any
10    such program for which he or she is eligible. The LAAs
11    shall assist the participant in the applicable enrollment
12    or application process.
13        (10) Each alternative retail electric and gas supplier
14    serving residential customers shall elect whether to
15    participate in the PIPP or ARP described in this Section.
16    Any such supplier electing to participate in the PIPP
17    shall provide to the Department such information as the
18    Department may require, including, without limitation,
19    information sufficient for the Department to determine the
20    proportionate allocation of credits between the
21    alternative supplier and the utility. If a utility in
22    whose service territory an alternative supplier serves
23    customers contributes money to the ARP fund which is not
24    recovered from ratepayers, then an alternative supplier
25    which participates in ARP in that utility's service
26    territory shall also contribute to the ARP fund in an



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1    amount that is commensurate with the number of alternative
2    supplier customers who elect to participate in the
3    program.
4        (11) The PIPP shall be designed and implemented each
5    year to maximize participation and spend at least 80% of
6    the funding available for the year.
7    (d) The Department, in consultation with the Policy
8Advisory Council, shall develop and implement a program to
9educate customers about the PIP Plan and about their rights
10and responsibilities under the percentage of income component.
11The Department, in consultation with the Policy Advisory
12Council, shall establish a process that LAAs shall use to
13contact customers in jeopardy of losing eligibility due to
14late payments. The Department shall ensure that LAAs are
15adequately funded to perform all necessary educational tasks.
16    (e) The PIPP shall be administered in a manner which
17ensures that credits to plan participants will not be counted
18as income or as a resource in other means-tested assistance
19programs for low-income households or otherwise result in the
20loss of federal or State assistance dollars for low-income
22    (f) In order to ensure that implementation costs are
23minimized, the Department and utilities shall work together to
24identify cost-effective ways to transfer information
25electronically and to employ available protocols that will
26minimize their respective administrative costs as follows:



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1        (1) The Commission may require utilities to provide
2    such information on customer usage and billing and payment
3    information as required by the Department to implement the
4    PIP Plan and to provide written notices and communications
5    to plan participants.
6        (2) Each utility and participating alternative
7    supplier shall file annual reports with the Department and
8    the Commission that cumulatively summarize and update
9    program information as required by the Commission's rules.
10    The reports shall track implementation costs and contain
11    such information as is necessary to evaluate the success
12    of the PIPP.
13        (2.5) The Department shall annually prepare and submit
14    a report to the General Assembly, the Commission, and the
15    Policy Advisory Council that identifies the following
16    amounts for the most recently completed year: total monies
17    collected under subsection (b) of Section 13 of this Act
18    for all PIPPs implemented in the State; monies allocated
19    to each utility for implementation of its PIPP; and monies
20    allocated to each utility for other purposes, including a
21    description of each of those purposes. The Commission
22    shall publish the report on its website.
23        (3) The Department and the Commission shall have the
24    authority to promulgate rules and regulations necessary to
25    execute and administer the provisions of this Section.
26    (g) Each utility shall be entitled to recover reasonable



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1administrative and operational costs incurred to comply with
2this Section from the Supplemental Low Income Energy
3Assistance Fund. The utility may net such costs against monies
4it would otherwise remit to the Funds, and each utility shall
5include in the annual report required under subsection (f) of
6this Section an accounting for the funds collected.
7(Source: P.A. 101-636, eff. 6-10-20.)
8    (305 ILCS 20/20 new)
9    Sec. 20. Expanded eligibility. All programs pursuant to
10this Act shall be available to eligible low-income Illinois
11residents who qualify for assistance under Sections 6 and 18,
12regardless of immigration status, using the Supplemental
13Low-Income Energy Assistance Fund for customers of utilities
14and vendors that collect the Energy Assistance Charge and pay
15into the Supplemental Low-Income Energy Assistance Fund.