[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB2720
305 ILCS 20/13
Amends the Energy Assistance Act of 1989. Eliminates the
monthly energy assistance charge imposed upon residential
customers. Effective immediately.
LRB9010646JSgc
LRB9010646JSgc
1 AN ACT to amend the Energy Assistance Act of 1989 by
2 changing Section 13.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Energy Assistance Act of 1989 is amended
6 by changing Section 13 as follows:
7 (305 ILCS 20/13)
8 Sec. 13. Supplemental Low-Income Energy Assistance Fund.
9 (a) The Supplemental Low-Income Energy Assistance Fund
10 is hereby created as a special fund in the State Treasury.
11 The Supplemental Low-Income Energy Assistance Fund is
12 authorized to receive, by statutory deposit, the moneys
13 collected pursuant to this Section. Subject to
14 appropriation, the Department shall use moneys from the
15 Supplemental Low-Income Energy Assistance Fund for payments
16 to electric or gas public utilities, municipal electric or
17 gas utilities, and electric cooperatives on behalf of their
18 customers who are participants in the program authorized by
19 Section 4 of this Act, for the provision of weatherization
20 services and for administration of the Supplemental
21 Low-Income Energy Assistance Fund. The yearly expenditures
22 for weatherization may not exceed 10% of the amount collected
23 during the year pursuant to this Section. In determining
24 which customers will participate in the weatherization
25 component, the Department shall target weatherization for
26 those customers with the greatest energy burden, that is the
27 lowest income and greatest utility bills. The yearly
28 administrative expenses of the Supplemental Low-Income Energy
29 Assistance Fund may not exceed 10% of the amount collected
30 during that year pursuant to this Section.
31 (b) Notwithstanding the provisions of Section 16-111 of
-2- LRB9010646JSgc
1 the Public Utilities Act, each public utility, electric
2 cooperative, as defined in Section 3.4 of the Electric
3 Supplier Act, and municipal utility, as referenced in Section
4 3-105 of the Public Utilities Act, that is engaged in the
5 delivery of electricity or the distribution of natural gas
6 within the State of Illinois shall, effective January 1,
7 1998, assess each of its customer accounts a monthly Energy
8 Assistance Charge for the Supplemental Low-Income Energy
9 Assistance Fund. The monthly charge shall be as follows:
10 (1) (Blank) $0.40 per month on each account for
11 residential electric service;
12 (2) (Blank) $0.40 per month on each account for
13 residential gas service;
14 (3) $4 per month on each account for
15 non-residential electric service which had less than 10
16 megawatts of peak demand during the previous calendar
17 year;
18 (4) $4 per month on each account for
19 non-residential gas service which had distributed to it
20 less than 4,000,000 therms of gas during the previous
21 calendar year;
22 (5) $300 per month on each account for
23 non-residential electric service which had 10 megawatts
24 or greater of peak demand during the previous calendar
25 year; and
26 (6) $300 per month on each account for
27 non-residential gas service which had 4,000,000 or more
28 therms of gas distributed to it during the previous
29 calendar year.
30 (c) For purposes of this Section:
31 (1) "residential electric service" means electric
32 utility service for household purposes delivered to a
33 dwelling of 2 or fewer units which is billed under a
34 residential rate, or electric utility service for
-3- LRB9010646JSgc
1 household purposes delivered to a dwelling unit or units
2 which is billed under a residential rate and is
3 registered by a separate meter for each dwelling unit;
4 (2) "residential gas service" means gas utility
5 service for household purposes distributed to a dwelling
6 of 2 or fewer units which is billed under a residential
7 rate, or gas utility service for household purposes
8 distributed to a dwelling unit or units which is billed
9 under a residential rate and is registered by a separate
10 meter for each dwelling unit;
11 (3) "non-residential electric service" means
12 electric utility service which is not residential
13 electric service; and
14 (4) "non-residential gas service" means gas utility
15 service which is not residential gas service.
16 (d) At least 45 days prior to the date on which it must
17 begin assessing Energy Assistance Charges, each public
18 utility engaged in the delivery of electricity or the
19 distribution of natural gas shall file with the Illinois
20 Commerce Commission tariffs incorporating the Energy
21 Assistance Charge in other charges stated in such tariffs.
22 (e) The Energy Assistance Charge assessed by electric
23 and gas public utilities shall be considered a charge for
24 public utility service.
25 (f) On a monthly basis, each public utility, municipal
26 utility, and electric cooperative shall remit to the
27 Department of Revenue all moneys received as payment of the
28 Energy Assistance Charge. If a customer makes a partial
29 payment, a public utility, municipal utility, or electric
30 cooperative may elect either: (i) to apply such partial
31 payments first to amounts owed to the utility or cooperative
32 for its services and then to payment for the Energy
33 Assistance Charge or (ii) to apply such partial payments on a
34 pro-rata basis between amounts owed to the utility or
-4- LRB9010646JSgc
1 cooperative for its services and to payment for the Energy
2 Assistance Charge.
3 (g) The Department of Revenue shall deposit into the
4 Supplemental Low-Income Energy Assistance Fund all moneys
5 remitted to it in accordance with subsection (f) of this
6 Section.
7 (h) If as of December 31, 2002 the program authorized by
8 Section 4 of this Act has not been replaced by a new energy
9 assistance program which is in operation, then the General
10 Assembly shall review the program; provided however, that
11 after that date, any public utility, municipal utility, or
12 electric cooperative shall continue to assess an Energy
13 Assistance Charge which was originally assessed on or before
14 December 31, 2002 and which remains unpaid.
15 On or before December 31, 2003, the Department shall
16 prepare a report for the General Assembly on the expenditure
17 of funds appropriated from the Low-Income Energy Assistance
18 Block Grant Fund for the program authorized under Section 4
19 of this Act.
20 (i) The Department of Revenue may establish such rules
21 as it deems necessary to implement this Section.
22 (j) The Department of Commerce and Community Affairs may
23 establish such rules as it deems necessary to implement this
24 Section.
25 (k) The charges imposed by this Section shall only apply
26 to customers of municipal electric utilities and electric
27 cooperatives if the municipal electric utility or electric
28 cooperative makes an affirmative decision to impose the
29 charge. If a municipal electric utility or electric
30 cooperative does not assess this charge, the Department may
31 not use funds from the Supplemental Low-Income Energy
32 Assistance Fund to provide benefits to its customers under
33 the program authorized by Section 4 of this Act.
34 (Source: P.A. 90-561, eff. 12-16-97.)
-5- LRB9010646JSgc
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.