[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ House Amendment 001 ] | [ Senate Amendment 002 ] | [ Senate Amendment 003 ] |
90_SB1265sam001
SRS90SB1265JJcham03
1 AMENDMENT TO SENATE BILL 1265
2 AMENDMENT NO. . Amend Senate Bill 1265 by replacing
3 the title with:
4 "AN ACT concerning energy."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Renewable Energy, Energy Efficiency, and
8 Coal Resources Development Law of 1997 is amended by changing
9 Sections 6-5 and 6-6 as follows:
10 (20 ILCS 687/6-5)
11 (Section scheduled to be repealed on December 16, 2007)
12 Sec. 6-5. Renewable Energy Resources and Coal Technology
13 Development Assistance Charge.
14 (a) Beginning January 1, 1998, the following charges
15 shall be imposed:
16 (1) $0.05 per month on each account for residential
17 electric service as defined in Section 13 of the Energy
18 Assistance Act of 1989;
19 (2) $0.05 per month on each account for residential
20 gas service as defined in Section 13 of the Energy
21 Assistance Act of 1989;
-2- SRS90SB1265JJcham03
1 (3) $0.50 per month on each account for
2 nonresidential electric service, as defined in Section 13
3 of the Energy Assistance Act of 1989, taking less than 10
4 megawatts of peak demand during the previous calendar
5 year;
6 (4) $0.50 per month on each account for
7 nonresidential gas service, as defined in Section 13 of
8 the Energy Assistance Act of 1989, taking less than
9 4,000,000 therms of gas during the previous calendar
10 year;
11 (5) $37.50 per month on each account for
12 nonresidential electric service, as defined in Section 13
13 of the Energy Assistance Act of 1989, taking 10 megawatts
14 or greater of peak demand during the previous calendar
15 year; and
16 (6) $37.50 per month on each account for
17 nonresidential gas service, as defined in Section 13 of
18 the Energy Assistance Act of 1989, taking 4,000,000 or
19 more therms of gas during the previous calendar year.
20 (b) Except as provided in subsection (e) of this
21 Section, this charge is to be collected by electric and gas
22 utilities, whether owned by investors, municipalities or
23 cooperatives, and alternative retail electric suppliers on a
24 monthly basis from their respective customers.
25 (c) Fifty percent of the moneys collected pursuant to
26 this Section shall be deposited in the Renewable Energy
27 Resources Trust Fund. The remaining 50 percent of the moneys
28 collected pursuant to this Section shall be deposited in the
29 Coal Technology Development Assistance Fund for use under the
30 Illinois Coal Technology Development Assistance Act.
31 (d) On a monthly basis, each utility and alternative
32 retail electric supplier collecting charges pursuant to this
33 Section shall remit to the Department of Revenue for deposit
34 in the Renewable Energy Resources Trust Fund and the Coal
-3- SRS90SB1265JJcham03
1 Technology Development Assistance Fund all moneys received as
2 payment of the charge provided for in this Section.
3 (e) The charges imposed by this Section shall only apply
4 to customers of municipal electric and gas utilities and
5 electric cooperatives if the municipal electric or gas
6 utility or electric cooperative makes an affirmative decision
7 to impose the charge. If a municipal electric or gas utility
8 or electric cooperative does not assess this charge, its
9 customers shall not be eligible for the Renewable Energy
10 Resources Program.
11 (Source: P.A. 90-561, eff. 12-16-97.)
12 (20 ILCS 687/6-6)
13 (Section scheduled to be repealed on December 16, 2007)
14 Sec. 6-6. Energy efficiency program.
15 (a) For the year beginning January 1, 1998, and
16 thereafter as provided in this Section, each electric utility
17 and each alternative retail electric supplier supplying
18 electric power and energy to retail customers located in the
19 State of Illinois shall contribute annually to the Department
20 a pro rata share of a total amount of $3,000,000 based upon
21 the number of kilowatt-hours sold by each such entity in the
22 12 months preceding the year of contribution. These
23 contributions shall be remitted to the Department of Revenue
24 on or before June 30 of each year the contribution is due.
25 The funds received by the Department pursuant to this Section
26 shall be subject to the appropriation of funds by the General
27 Assembly. The Department of Revenue shall place the funds
28 remitted under this Section in a trust fund, that is hereby
29 created in the State Treasury, called the Energy Efficiency
30 Trust Fund.
31 (b) The Department of Commerce and Community Affairs
32 shall disburse the moneys in the Energy Efficiency Trust Fund
33 to residential electric customers to fund projects which the
-4- SRS90SB1265JJcham03
1 Department has determined will promote energy efficiency in
2 the State of Illinois. The Department shall establish a list
3 of projects eligible for grants from the Energy Efficiency
4 Trust Fund including, but not limited to, supporting energy
5 efficiency efforts for low-income households, replacing
6 energy inefficient windows with more efficient windows,
7 replacing energy inefficient appliances with more efficient
8 appliances, replacing energy inefficient lighting with more
9 efficient lighting, insulating dwellings and buildings, and
10 such other projects which will increase energy efficiency in
11 homes and rental properties.
12 (c) The Department shall establish criteria and an
13 application process for this grant program.
14 (d) The Department shall conduct a study of other
15 possible energy efficiency improvements and evaluate methods
16 for promoting energy efficiency and conservation, especially
17 for the benefit of low-income customers.
18 (e) The Department shall submit an annual report to the
19 General Assembly evaluating the effectiveness of the projects
20 and programs provided in this Section, and recommending
21 further legislation which will encourage additional
22 development and implementation of energy efficiency projects
23 and programs in Illinois and other actions that help to meet
24 the goals of this Section.
25 (Source: P.A. 90-561, eff. 12-16-97.)
26 Section 10. The Illinois Coal Technology Development
27 Assistance Act is amended by changing Section 3 as follows:
28 (30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)
29 Sec. 3. Transfers to Coal Technology Development
30 Assistance Funds. As soon as may be practicable after the
31 first day of each month, the Department of Revenue shall
32 certify to the Treasurer an amount equal to 1/64 of the
-5- SRS90SB1265JJcham03
1 revenue realized from the tax imposed by the Electricity
2 Excise Tax Law, Section 2 of the Public Utilities Revenue
3 Act, Section 2 of the Messages Tax Act, and Section 2 of the
4 Gas Revenue Tax Act, during the preceding month. Upon
5 receipt of the certification, the Treasurer shall transfer
6 the amount shown on such certification from the General
7 Revenue Fund to the Coal Technology Development Assistance
8 Fund, which is hereby created as a special fund in the State
9 treasury, except that no transfer shall be made in any month
10 in which the Fund from moneys received under this Section has
11 reached the following balance:
12 (1) $7,000,000 during fiscal year 1994.
13 (2) $8,500,000 during fiscal year 1995.
14 (3) $10,000,000 during fiscal years year 1996 and
15 1997.
16 (4) During fiscal year 1998 and each year
17 thereafter, an amount equal to the sum of $10,000,000
18 plus additional moneys deposited into the Coal Technology
19 Development Assistance Fund from the Renewable Energy
20 Resources and Coal Technology Development Assistance
21 Charge under Section 6.5 of the Renewable Energy, Energy
22 Efficiency, and Coal Resources Development Law of 1997.
23 (Source: P.A. 90-561, eff. 12-16-97.)
24 Section 15. The Energy Assistance Act of 1989 is amended
25 by changing Sections 13 and 14 as follows:
26 (305 ILCS 20/13)
27 Sec. 13. Supplemental Low-Income Energy Assistance Fund.
28 (a) The Supplemental Low-Income Energy Assistance Fund
29 is hereby created as a special fund in the State Treasury.
30 The Supplemental Low-Income Energy Assistance Fund is
31 authorized to receive, by statutory deposit, the moneys
32 collected pursuant to this Section. Subject to
-6- SRS90SB1265JJcham03
1 appropriation, the Department shall use moneys from the
2 Supplemental Low-Income Energy Assistance Fund for payments
3 to electric or gas public utilities, municipal electric or
4 gas utilities, and electric cooperatives on behalf of their
5 customers who are participants in the program authorized by
6 Section 4 of this Act, for the provision of weatherization
7 services and for administration of the Supplemental
8 Low-Income Energy Assistance Fund. The yearly expenditures
9 for weatherization may not exceed 10% of the amount collected
10 during the year pursuant to this Section. In determining
11 which customers will participate in the weatherization
12 component, the Department shall target weatherization for
13 those customers with the greatest energy burden, that is the
14 lowest income and greatest utility bills. The yearly
15 administrative expenses of the Supplemental Low-Income Energy
16 Assistance Fund may not exceed 10% of the amount collected
17 during that year pursuant to this Section.
18 (b) Notwithstanding the provisions of Section 16-111 of
19 the Public Utilities Act, each public utility, electric
20 cooperative, as defined in Section 3.4 of the Electric
21 Supplier Act, and municipal utility, as referenced in Section
22 3-105 of the Public Utilities Act, that is engaged in the
23 delivery of electricity or the distribution of natural gas
24 within the State of Illinois shall, effective January 1,
25 1998, assess each of its customer accounts a monthly Energy
26 Assistance Charge for the Supplemental Low-Income Energy
27 Assistance Fund. The monthly charge shall be as follows:
28 (1) $0.40 per month on each account for residential
29 electric service;
30 (2) $0.40 per month on each account for residential
31 gas service;
32 (3) $4 per month on each account for
33 non-residential electric service which had less than 10
34 megawatts of peak demand during the previous calendar
-7- SRS90SB1265JJcham03
1 year;
2 (4) $4 per month on each account for
3 non-residential gas service which had distributed to it
4 less than 4,000,000 therms of gas during the previous
5 calendar year;
6 (5) $300 per month on each account for
7 non-residential electric service which had 10 megawatts
8 or greater of peak demand during the previous calendar
9 year; and
10 (6) $300 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 (c) For purposes of this Section:
15 (1) "residential electric service" means electric
16 utility service for household purposes delivered to a
17 dwelling of 2 or fewer units which is billed under a
18 residential rate, or electric utility service for
19 household purposes delivered to a dwelling unit or units
20 which is billed under a residential rate and is
21 registered by a separate meter for each dwelling unit;
22 (2) "residential gas service" means gas utility
23 service for household purposes distributed to a dwelling
24 of 2 or fewer units which is billed under a residential
25 rate, or gas utility service for household purposes
26 distributed to a dwelling unit or units which is billed
27 under a residential rate and is registered by a separate
28 meter for each dwelling unit;
29 (3) "non-residential electric service" means
30 electric utility service which is not residential
31 electric service; and
32 (4) "non-residential gas service" means gas utility
33 service which is not residential gas service.
34 (d) At least 45 days prior to the date on which it must
-8- SRS90SB1265JJcham03
1 begin assessing Energy Assistance Charges, each public
2 utility engaged in the delivery of electricity or the
3 distribution of natural gas shall file with the Illinois
4 Commerce Commission tariffs incorporating the Energy
5 Assistance Charge in other charges stated in such tariffs.
6 (e) The Energy Assistance Charge assessed by electric
7 and gas public utilities shall be considered a charge for
8 public utility service.
9 (f) On a monthly basis, each public utility, municipal
10 utility, and electric cooperative shall remit to the
11 Department of Revenue all moneys received as payment of the
12 Energy Assistance Charge. If a customer makes a partial
13 payment, a public utility, municipal utility, or electric
14 cooperative may elect either: (i) to apply such partial
15 payments first to amounts owed to the utility or cooperative
16 for its services and then to payment for the Energy
17 Assistance Charge or (ii) to apply such partial payments on a
18 pro-rata basis between amounts owed to the utility or
19 cooperative for its services and to payment for the Energy
20 Assistance Charge.
21 (g) The Department of Revenue shall deposit into the
22 Supplemental Low-Income Energy Assistance Fund all moneys
23 remitted to it in accordance with subsection (f) of this
24 Section.
25 (h) If as of June 30 December 31, 2002 the program
26 authorized by Section 4 of this Act has not been replaced by
27 a new energy assistance program which is in operation, then
28 the General Assembly shall review the program; provided
29 however, that after that date, any public utility, municipal
30 utility, or electric cooperative shall continue to assess an
31 Energy Assistance Charge which was originally assessed on or
32 before June 30 December 31, 2002 and which remains unpaid.
33 On or before December 31, 2002 2003, the Department shall
34 prepare a report for the General Assembly on the expenditure
-9- SRS90SB1265JJcham03
1 of funds appropriated from the Low-Income Energy Assistance
2 Block Grant Fund for the program authorized under Section 4
3 of this Act.
4 (i) The Department of Revenue may establish such rules
5 as it deems necessary to implement this Section.
6 (j) The Department of Commerce and Community Affairs may
7 establish such rules as it deems necessary to implement this
8 Section.
9 (k) The charges imposed by this Section shall only apply
10 to customers of municipal electric utilities and electric
11 cooperatives if the municipal electric utility or electric
12 cooperative makes an affirmative decision to impose the
13 charge. If a municipal electric utility or electric
14 cooperative does not assess this charge, the Department may
15 not use funds from the Supplemental Low-Income Energy
16 Assistance Fund to provide benefits to its customers under
17 the program authorized by Section 4 of this Act.
18 (Source: P.A. 90-561, eff. 12-16-97.)
19 (305 ILCS 20/14)
20 Sec. 14. Energy Assistance Program Design Group.
21 (a) This Section establishes an Energy Assistance
22 Program Design Group to advise the General Assembly with
23 respect to designing a low-income energy assistance program
24 for the period beginning on July 1, 2002 January 1, 2003.
25 (b) The Energy Assistance Program Design Group shall be
26 chaired by the Director of Commerce and Community Affairs or
27 his or her designee. There shall be 4 legislative members and
28 13 non-legislative members of the Energy Assistance Program
29 Design Group. The 4 legislative members shall be appointed as
30 follows: one member of the House appointed by the Speaker of
31 the House, one member of the House appointed by the Minority
32 Leader of the House, one member of the Senate appointed by
33 the President of the Senate, and one member of the Senate
-10- SRS90SB1265JJcham03
1 appointed by the Minority Leader of the Senate. The
2 non-legislative members of the Energy Assistance Program
3 Design Group shall include the chairperson and the following
4 12 members: (i) one member designated by the Illinois
5 Commerce Commission; (ii) one member designated by the
6 Illinois Department of Natural Resources; (iii) one member
7 designated by the Illinois Energy Association to represent
8 electric public utilities serving in excess of 1 million
9 customers in this State; (iv) one member agreed upon by gas
10 public utilities that serve more than 500,000 customers in
11 this State; (v) one member designated by the Illinois Energy
12 Association to represent combination gas and electric public
13 utilities; (vi) one member agreed upon by the Illinois
14 Municipal Electric Agency and the Association of Illinois
15 Electric Co-operatives; (vii) one member designated by the
16 Midwest Independent Power Suppliers Coordination Group;
17 (viii) one member designated by the National Training and
18 Information Center to represent low income energy consumers;
19 (ix) one member designated by the Illinois Community Action
20 Association to represent local agencies that assist in the
21 administration of this Act; (x) one member designated by the
22 Citizens Utility Board to represent residential energy
23 consumers; (xi) one member designated by the Illinois Retail
24 Merchants Association to represent commercial energy
25 customers; and (xii) one member designated by the Illinois
26 Industrial Energy Consumers. The appointments of the
27 legislative members shall be submitted to the chairman of the
28 Energy Assistance Program Design Group within 30 days of the
29 effective date of this amendatory Act of 1998 and within 30
30 days of a new General Assembly convening. The names of the
31 non-legislative members shall be submitted to the chairperson
32 of the Energy Assistance Program Design Group by the
33 designating organization within 30 days of the effective date
34 of this amendatory Act of 1998. The designating organization
-11- SRS90SB1265JJcham03
1 shall notify the chairperson of any changes or substitutions
2 of a designee within 10 business days of the change or
3 substitution. As promptly as practicable following the
4 enactment of this amendatory Act of 1997, the General
5 Assembly, or a Joint Committee thereof, shall establish an
6 Energy Assistance Program Design Group. The Energy
7 Assistance Program Design Group shall be chaired by the
8 Director of the Department of Commerce and Community Affairs
9 and shall include one representative of each of the
10 following: (i) the Illinois Commerce Commission; (ii) the
11 Department of Natural Resources; (iii) electric public
12 utilities; (iv) gas public utilities; (v) combination gas and
13 electric public utilities; (vi) municipal utilities and
14 electric cooperatives; (vii) electricity and natural gas
15 marketers; (viii) low-income energy customers; (ix) local
16 agencies engaged by the Department of Commerce and Community
17 Affairs to assist in the administration of the Energy
18 Assistance Act of 1989; (x) residential energy customers;
19 (xi) commercial energy customers; and (xii) industrial energy
20 customers.
21 (c) Within 3 months of its establishment, the Energy
22 Assistance Program Design Group shall meet to begin
23 consideration of the design and implementation of an energy
24 assistance program in Illinois for the period beginning on
25 July 1, 2002 January 1, 2003. Within 12 months of its
26 establishment, the Program Design Group shall hold public
27 hearings to assist its deliberations.
28 (d) The Program Design Group shall provide a report
29 containing its recommendations to the General Assembly on or
30 before January 1, 2001 2002. This report must include the
31 following:
32 (1) recommendations on the definition of an
33 eligible low-income residential customer;
34 (2) recommendations regarding the continuation of
-12- SRS90SB1265JJcham03
1 the program authorized by Section 4 of this Act and the
2 Supplemental Low-Income Energy Assistance Fund;
3 (3) recommendations on ensuring low-income
4 residential customers have access to essential energy
5 services;
6 (4) recommendations on addressing past due amounts
7 owed to utilities by low-income persons in Illinois;
8 (5) demographic and other information (including
9 household consumption information) necessary to determine
10 the total number of customers eligible for assistance,
11 the total number of customers likely to apply for
12 assistance, and funding estimates for any recommended
13 program;
14 (6) recommendations on appropriate measures to
15 encourage energy conservation, efficiency, and
16 responsibility among low-income residential customers;
17 (7) any recommended changes to existing
18 legislation; and
19 (8) an estimate of the cost of implementing the
20 Program Design Group's recommendations.
21 (e) The recommendations adopted by the Program Design
22 Group shall be competitively neutral in their impact on
23 providers in the energy market and shall spread program costs
24 across the broadest possible base.
25 (f) The Department of Commerce and Community Affairs
26 shall hold public hearings on the recommendations of the
27 Energy Assistance Program Design Group during calendar year
28 2001 2002.
29 (Source: P.A. 90-561, eff. 12-16-97.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.".