(20 ILCS 687/15)
Sec. 15.
If any
provision added by this amendatory Act of 1997 is held invalid, this entire
amendatory Act of 1997 shall be deemed
invalid, and the provisions of Section 1.31, "Severability", of the Statute on
Statutes are hereby expressly declared not applicable to this amendatory Act of
1997; provided,
however (i) that any contracts entered into and performed, transactions
completed, orders issued, services provided, billings rendered, or payments
made
in accordance with the provisions of this amendatory Act of 1997, other than as
provided in clause
(ii) below, prior to the date of the determination of such invalidity, shall
not thereby be rendered invalid; (ii) that no presumption as to the validity or
invalidity of any contracts, transactions, orders, billings, or payments
pursuant to Article XVIII of the Public Utilities Act shall result from a
determination of invalidity of this amendatory Act of 1997; and (iii) that the
provisions of
proviso (i) shall not be deemed to preserve the validity of any executory
contracts or transactions, of any actions to be taken pursuant to orders
issued, or of any services to be performed, billings to be rendered, or
payments
to be made, pursuant to provisions of this amendatory Act of 1997 subsequent to
the date of
determination of such invalidity.
(Source: P.A. 90-561, eff. 12-16-97.)
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(20 ILCS 687/6-3) (Section scheduled to be repealed on December 31, 2025) Sec. 6-3. Renewable energy resources program. (a) The Environmental Protection Agency, to be called the "Agency" hereinafter in this Law, shall administer the Renewable Energy Resources Program to provide grants, loans, and other incentives to foster investment in and the development and use of renewable energy resources. (b) The Agency may, by administrative rule, establish and adjust eligibility criteria for grants, loans, and other incentives to foster investment in and the development and use of renewable energy resources. The criteria should promote the goal of fostering investment in and the development and use, in Illinois, of renewable energy resources. (c) The Agency may accept applications for grants, loans, and other incentives to foster investment in and the development and use of renewable energy resources. (d) To the extent that funds are available and appropriated, the Agency shall provide grants, loans, and other incentives to applicants that meet the criteria specified by the Agency. (e) (Blank). (f) As used in this Law, "renewable energy resources" includes energy from wind, solar thermal energy, photovoltaic cells and panels, dedicated crops grown for energy production and organic waste biomass, hydropower that does not involve new construction or significant expansion of hydropower dams, and other such alternative sources of environmentally preferable energy. "Renewable energy resources" does not include, however, energy from the incineration or burning of waste wood, tires, garbage, general household, institutional and commercial waste, industrial lunchroom or office waste, landscape waste, or construction or demolition debris. (g) (Blank).(Source: P.A. 102-444, eff. 8-20-21; 103-616, eff. 7-1-24.) |
(20 ILCS 687/6-5)
(Section scheduled to be repealed on December 31, 2025)
Sec. 6-5. Renewable Energy Resources and Coal Technology
Development Assistance Charge. (a) Notwithstanding the provisions of Section 16-111 of the Public
Utilities
Act but subject to subsection (e) of this Section,
each
public utility, electric cooperative, as defined in Section 3.4 of the Electric
Supplier
Act, and municipal utility, as referenced in Section 3-105 of the Public
Utilities Act,
that is engaged in the delivery of electricity or the distribution of natural
gas within
the State of Illinois shall, effective January 1, 1998, assess each of its
customer
accounts a monthly Renewable Energy Resources and Coal Technology
Development Assistance Charge. The delivering public utility, municipal
electric or
gas utility, or electric or gas cooperative for a self-assessing purchaser
remains
subject to the collection of the fee imposed by this Section. The monthly
charge
shall be as follows:
(1) $0.05 per month on each account for residential |
| electric service as defined in Section 13 of the Energy Assistance Act;
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(2) $0.05 per month on each account for residential
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| gas service as defined in Section 13 of the Energy Assistance Act;
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(3) $0.50 per month on each account for
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| nonresidential electric service, as defined in Section 13 of the Energy Assistance Act, which had less than 10 megawatts of peak demand during the previous calendar year;
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(4) $0.50 per month on each account for
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| nonresidential gas service, as defined in Section 13 of the Energy Assistance Act, which had distributed to it less than 4,000,000 therms of gas during the previous calendar year;
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(5) $37.50 per month on each account for
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| nonresidential electric service, as defined in Section 13 of the Energy Assistance Act, which had 10 megawatts or greater of peak demand during the previous calendar year; and
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(6) $37.50 per month on each account for
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| nonresidential gas service, as defined in Section 13 of the Energy Assistance Act, which had 4,000,000 or more therms of gas distributed to it during the previous calendar year.
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(b) The Renewable Energy Resources and Coal Technology Development
Assistance
Charge assessed by electric and gas public utilities shall be considered a
charge
for public utility service.
(c) Fifty percent of the moneys collected pursuant to
this Section shall be deposited in the Renewable Energy
Resources Trust Fund by the Department of Revenue. From those funds, $2,000,000 may be used annually by the Environmental Protection Agency to provide grants to the Illinois Green Economy Network for the purposes of funding education and training for renewable energy and energy efficiency technology and for the operation and services of the Illinois Green Economy Network. The remaining 50 percent
of the moneys
collected pursuant to this Section shall be deposited in the
Coal Technology Development Assistance Fund by the Department of Revenue
for the exclusive purposes of (1) capturing or sequestering carbon emissions produced by coal combustion; (2) supporting research on the capture and sequestration of carbon emissions produced by coal combustion; and (3) improving coal miner safety.
(d) By the 20th day of the month following the month in which the charges
imposed by this Section were collected, each utility
and alternative retail electric
supplier collecting charges
pursuant to this Section shall remit
to the Department of Revenue for deposit in the
Renewable Energy Resources Trust Fund and the Coal Technology Development
Assistance Fund all
moneys received as payment of the charge provided for in this
Section on a return prescribed and furnished by the Department of Revenue
showing such information as the Department of Revenue may reasonably require.
If any payment provided for in this Section exceeds the utility or alternative retail electric supplier's liabilities under this Act, as shown on an original return, the utility or alternative retail electric supplier may credit the excess payment against liability subsequently to be remitted to the Department of Revenue under this Act.
(e) The charges imposed by this Section shall only apply
to customers of municipal electric or gas utilities and electric or gas
cooperatives if the municipal electric or gas utility or electric or
gas
cooperative makes an affirmative decision to impose the
charge.
If a municipal electric or gas utility or an electric or gas cooperative
makes an
affirmative decision to impose the charge provided by this Section, the
municipal
electric or gas utility or electric or gas cooperative shall inform the
Department of
Revenue in writing of such decision when it begins to impose the charge.
If a municipal electric or gas utility or electric or gas
cooperative does not assess this charge, its customers shall
not be eligible for the Renewable Energy Resources Program.
(f) The Department of Revenue may establish such rules as it deems
necessary to implement this Section.
(Source: P.A. 102-444, eff. 8-20-21; 103-154, eff. 6-30-23.)
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(20 ILCS 687/6-6) (Section scheduled to be repealed on December 31, 2025) Sec. 6-6. Energy efficiency program. (a) For the year beginning January 1, 1998, and thereafter as provided in this Section, each electric utility as defined in Section 3-105 of the Public Utilities Act and each alternative retail electric supplier as defined in Section 16-102 of the Public Utilities Act supplying electric power and energy to retail customers located in the State of Illinois shall contribute annually a pro rata share of a total amount of $3,000,000 based upon the number of kilowatt-hours sold by each such entity in the 12 months preceding the year of contribution. On or before May 1 of each year, the Illinois Commerce Commission shall determine and notify the Agency of the pro rata share owed by each electric utility and each alternative retail electric supplier based upon information supplied annually to the Illinois Commerce Commission. On or before June 1 of each year, the Agency shall send written notification to each electric utility and each alternative retail electric supplier of the amount of pro rata share they owe. These contributions shall be remitted to the Illinois Environmental Protection Agency on or before June 30 of each year the contribution is due on a return prescribed and furnished by the Illinois Environmental Protection Agency showing such information as the Illinois Environmental Protection Agency may reasonably require. The funds received pursuant to this Section shall be subject to the appropriation of funds by the General Assembly. The Illinois Environmental Protection Agency shall place the funds remitted under this Section in a trust fund, that is hereby created in the State Treasury, called the Energy Efficiency Trust Fund. If an electric utility or alternative retail electric supplier does not remit its pro rata share to the Illinois Environmental Protection Agency, the Illinois Environmental Protection Agency must inform the Illinois Commerce Commission of such failure. The Illinois Commerce Commission may then revoke the certification of that electric utility or alternative retail electric supplier. The Illinois Commerce Commission may not renew the certification of any electric utility or alternative retail electric supplier that is delinquent in paying its pro rata share. These changes made to this subsection (a) by Public Act 103-363 apply beginning July 1, 2023. (b) The Agency shall disburse the moneys in the Energy Efficiency Trust Fund to benefit residential electric customers through projects which the Agency has determined will promote energy efficiency in the State of Illinois and to pay the associated operational expenses of the Agency in administering the grant program. The Agency shall establish a list of projects eligible for grants from the Energy Efficiency Trust Fund including, but not limited to, supporting energy efficiency efforts for low-income households, replacing energy inefficient windows with more efficient windows, replacing energy inefficient appliances with more efficient appliances, replacing energy inefficient lighting with more efficient lighting, insulating dwellings and buildings, using market incentives to encourage energy efficiency, and such other projects which will increase energy efficiency in homes and rental properties. (c) The Agency may, by administrative rule, establish criteria and an application process for this grant program. (d) (Blank). (e) (Blank).(Source: P.A. 102-444, eff. 8-20-21; 103-363, eff. 7-28-23; 103-588, eff. 6-5-24.) |
(20 ILCS 687/6-8) (Section scheduled to be repealed on December 31, 2025) Sec. 6-8. Application of Retailers' Occupation Tax provisions. All the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act that are not inconsistent with this Act apply, as far as practicable, to the surcharge imposed by this Act to the same extent as if those provisions were included in this Act. References in the incorporated Sections of the Retailers' Occupation Tax Act to retailers, to sellers, or to persons engaged in the business of selling tangible personal property mean persons required to remit the charge imposed under this Act.
(Source: P.A. 100-1171, eff. 1-4-19.) |