Sen. Cristina Castro

Filed: 2/17/2022





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2    AMENDMENT NO. ______. Amend Senate Bill 3866 on page 176,
3immediately below line 10, by inserting the following:
4    "Section 15. The Public Utilities Act is amended by
5changing Section 16-108.30 as follows:
6    (220 ILCS 5/16-108.30)
7    Sec. 16-108.30. Energy Transition Assistance Fund.
8    (a) The Energy Transition Assistance Fund is hereby
9created as a special fund in the State Treasury. The Energy
10Transition Assistance Fund is authorized to receive moneys
11collected pursuant to this Section. Subject to appropriation,
12the Department of Commerce and Economic Opportunity shall use
13moneys from the Energy Transition Assistance Fund consistent
14with the purposes of this Act.
15    (b) An electric utility serving more than 500,000
16customers in the State shall assess an energy transition



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1assistance charge on all its retail customers for the Energy
2Transition Assistance Fund. The utility's total charge shall
3be set based upon the value determined by the Department of
4Commerce and Economic Opportunity pursuant to subsection (d)
5or (e), as applicable, of Section 605-1075 of the Department
6of Commerce and Economic Opportunity Law of the Civil
7Administrative Code of Illinois. For each utility, the charge
8shall be recovered through a single, uniform cents per
9kilowatt-hour charge applicable to all retail customers. For
10each utility, the charge shall not exceed 1.3% of the amount
11paid per kilowatthour by eligible retail those customers
12during the year ending May 31, 2009.
13    (c) Within 75 days of the effective date of this
14amendatory Act of the 102nd General Assembly, each electric
15utility serving more than 500,000 customers in the State shall
16file with the Illinois Commerce Commission tariffs
17incorporating the energy transition assistance charge in other
18charges stated in such tariffs, which energy transition
19assistance charges shall become effective no later than the
20beginning of the first billing cycle that begins on or after
21January 1, 2022. Each electric utility serving more than
22500,000 customers in the State shall, prior to the beginning
23of each calendar year starting with calendar year 2023, file
24with the Illinois Commerce Commission tariff revisions to
25incorporate annual revisions to the energy transition
26assistance charge as prescribed by the Department of Commerce



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1and Economic Opportunity pursuant to Section 605-1075 of the
2Department of Commerce and Economic Opportunity Law of the
3Civil Administrative Code of Illinois so that such revision
4becomes effective no later than the beginning of the first
5billing cycle in each respective year.
6    (d) The energy transition assistance charge shall be
7considered a charge for public utility service.
8    (e) By the 20th day of the month following the month in
9which the charges imposed by this Section were collected, each
10electric utility serving more than 500,000 customers in the
11State shall remit to Department of Revenue all moneys received
12as payment of the energy transition assistance charge on a
13return prescribed and furnished by the Department of Revenue
14showing such information as the Department of Revenue may
15reasonably require. If a customer makes a partial payment, a
16public utility may apply such partial payments first to
17amounts owed to the utility. No customer may be subjected to
18disconnection of his or her utility service for failure to pay
19the energy transition assistance charge.
20    If any payment provided for in this subsection exceeds the
21electric utility's liabilities under this Act, as shown on an
22original return, the Department may authorize the electric
23utility to credit such excess payment against liability
24subsequently to be remitted to the Department under this Act,
25in accordance with reasonable rules adopted by the Department.
26    All the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e,



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15f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13
2of the Retailers' Occupation Tax Act that are not inconsistent
3with this Act apply, as far as practicable, to the charge
4imposed by this Act to the same extent as if those provisions
5were included in this Act. References in the incorporated
6Sections of the Retailers' Occupation Tax Act to retailers, to
7sellers, or to persons engaged in the business of selling
8tangible personal property mean persons required to remit the
9charge imposed under this Act.
10    (f) The Department of Revenue shall deposit into the
11Energy Transition Assistance Fund all moneys remitted to it in
12accordance with this Section.
13    (g) The Department of Revenue may establish such rules as
14it deems necessary to implement this Section.
15    (h) The Department of Commerce and Economic Opportunity
16may establish such rules as it deems necessary to implement
17this Section.
18(Source: P.A. 102-662, eff. 9-15-21.)".