State of Illinois
92nd General Assembly
Legislation

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92_HB3133

 
                                              LRB9204959DJprA

 1        AN ACT in relation to energy assistance.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The State Finance Act is amended by changing
 5    Section 6b-1 as follows:

 6        (30 ILCS 105/6b-1) (from Ch. 127, par. 142b1)
 7        Sec. 6b-1.  State Pensions Fund.
 8        (a)  There shall be paid into the State Pensions Fund the
 9    funds and proceeds from the sale  of  abandoned  property  as
10    provided  in  Section  18  of  the  "Uniform  Disposition  of
11    Unclaimed   Property  Act",  enacted  by  the  Seventy-second
12    General Assembly.
13        (b)  The State Treasurer shall maintain records  to  show
14    the  amount  of  interest earned on all moneys deposited into
15    the State Pensions Fund pursuant to Section 18 of the Uniform
16    Disposition of Unclaimed Property  Act.   All  such  interest
17    earned  on those moneys shall be credited to the Supplemental
18    Low-Income Energy Assistance Fund.
19    (Source: Laws 1961, p. 3423.)

20        Section 10.  The Energy Assistance Act of 1989 is amended
21    by changing Section 13 as follows:

22        (305 ILCS 20/13)
23        Sec. 13.  Supplemental Low-Income Energy Assistance Fund.
24        (a)  The Supplemental Low-Income Energy  Assistance  Fund
25    is  hereby  created  as a special fund in the State Treasury.
26    The  Supplemental  Low-Income  Energy  Assistance   Fund   is
27    authorized  to  receive,  by  statutory  deposit,  the moneys
28    collected   pursuant   to   this   Section.     Subject    to
29    appropriation,  the  Department  shall  use  moneys  from the
 
                            -2-               LRB9204959DJprA
 1    Supplemental Low-Income Energy Assistance Fund  for  payments
 2    to  electric  or  gas public utilities, municipal electric or
 3    gas utilities, and electric cooperatives on behalf  of  their
 4    customers  who  are participants in the program authorized by
 5    Section 4 of this Act, for the  provision  of  weatherization
 6    services   and   for   administration   of  the  Supplemental
 7    Low-Income Energy Assistance Fund.  The  yearly  expenditures
 8    for weatherization may not exceed 10% of the amount collected
 9    during  the  year  pursuant  to this Section.  In determining
10    which  customers  will  participate  in  the   weatherization
11    component,  the  Department  shall  target weatherization for
12    those customers with the greatest energy burden, that is  the
13    lowest   income  and  greatest  utility  bills.   The  yearly
14    administrative expenses of the Supplemental Low-Income Energy
15    Assistance Fund may not exceed 10% of  the  amount  collected
16    during that year pursuant to this Section.
17        (b)  Notwithstanding  the provisions of Section 16-111 of
18    the Public Utilities Act but subject  to  subsection  (k)  of
19    this  Section,  each public utility, electric cooperative, as
20    defined in Section 3.4 of  the  Electric  Supplier  Act,  and
21    municipal  utility,  as  referenced  in  Section 3-105 of the
22    Public Utilities Act, that is  engaged  in  the  delivery  of
23    electricity  or  the  distribution  of natural gas within the
24    State of Illinois shall, effective January  1,  1998,  assess
25    each  of  its  customer  accounts a monthly Energy Assistance
26    Charge for  the  Supplemental  Low-Income  Energy  Assistance
27    Fund.  The  delivering  public utility, municipal electric or
28    gas  utility,  or  electric  or   gas   cooperative   for   a
29    self-assessing purchaser remains subject to the collection of
30    the fee imposed by this Section.  The monthly charge shall be
31    as follows:
32             (1)  $0.40 per month on each account for residential
33        electric service;
34             (2)  $0.40 per month on each account for residential
 
                            -3-               LRB9204959DJprA
 1        gas service;
 2             (3)  $4    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   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)  $300    per   month   on   each   account   for
11        non-residential electric service which had  10  megawatts
12        or  greater  of  peak demand during the previous calendar
13        year; and
14             (6)  $300   per   month   on   each   account    for
15        non-residential  gas  service which had 4,000,000 or more
16        therms of gas  distributed  to  it  during  the  previous
17        calendar year.
18        (c)  For purposes of this Section:
19             (1)  "residential  electric  service" means electric
20        utility service for household  purposes  delivered  to  a
21        dwelling  of  2  or  fewer  units which is billed under a
22        residential  rate,  or  electric  utility   service   for
23        household  purposes delivered to a dwelling unit or units
24        which  is  billed  under  a  residential  rate   and   is
25        registered by a separate meter for each dwelling unit;
26             (2)  "residential  gas  service"  means  gas utility
27        service for household purposes distributed to a  dwelling
28        of  2  or fewer units which is billed under a residential
29        rate, or  gas  utility  service  for  household  purposes
30        distributed  to  a dwelling unit or units which is billed
31        under a residential rate and is registered by a  separate
32        meter for each dwelling unit;
33             (3)  "non-residential    electric   service"   means
34        electric  utility  service  which  is   not   residential
 
                            -4-               LRB9204959DJprA
 1        electric service; and
 2             (4)  "non-residential gas service" means gas utility
 3        service which is not residential gas service.
 4        (d)  At  least 45 days prior to the date on which it must
 5    begin  assessing  Energy  Assistance  Charges,  each   public
 6    utility  engaged  in  the  delivery  of  electricity  or  the
 7    distribution  of  natural  gas  shall  file with the Illinois
 8    Commerce  Commission   tariffs   incorporating   the   Energy
 9    Assistance Charge in other charges stated in such tariffs.
10        (e)  The  Energy  Assistance  Charge assessed by electric
11    and gas public utilities shall be  considered  a  charge  for
12    public utility service.
13        (f)  By  the 20th day of the month following the month in
14    which the charges imposed by the Section were collected, each
15    public utility, municipal utility, and  electric  cooperative
16    shall  remit to the Department of Revenue all moneys received
17    as payment of  the  Energy  Assistance  Charge  on  a  return
18    prescribed and furnished by the Department of Revenue showing
19    such  information as the Department of Revenue may reasonably
20    require.  If a customer makes a  partial  payment,  a  public
21    utility, municipal utility, or electric cooperative may elect
22    either:  (i)  to apply such partial payments first to amounts
23    owed to the utility or cooperative for its services and  then
24    to  payment for the Energy Assistance Charge or (ii) to apply
25    such partial payments on a  pro-rata  basis  between  amounts
26    owed  to  the  utility or cooperative for its services and to
27    payment for the Energy Assistance Charge.
28        (g)  The Department of Revenue  shall  deposit  into  the
29    Supplemental  Low-Income  Energy  Assistance  Fund all moneys
30    remitted to it in accordance  with  subsection  (f)  of  this
31    Section.
32        (g-5)  All  of  the  interest  that  is  earned on moneys
33    deposited into the State Pensions Fund pursuant to Section 18
34    of the Uniform Disposition of Unclaimed Property Act shall be
 
                            -5-               LRB9204959DJprA
 1    credited to the  Supplemental  Low-Income  Energy  Assistance
 2    Fund.   In  addition,  if  any  interest  is earned on moneys
 3    received under the Uniform Disposition of Unclaimed  Property
 4    Act,  including  the  proceeds  from  the  sale  of abandoned
 5    property under Section 17 of that Act, before those moneys or
 6    proceeds are deposited into the  State  Pensions  Fund,  that
 7    interest  shall be deposited into the Supplemental Low-Income
 8    Energy Assistance Fund.
 9        (h)  If as of June 30, 2002  the  program  authorized  by
10    Section  4  of this Act has not been replaced by a new energy
11    assistance program which is in operation,  then  the  General
12    Assembly  shall  review  the  program; provided however, that
13    after that date, any public utility,  municipal  utility,  or
14    electric  cooperative  shall  continue  to  assess  an Energy
15    Assistance Charge which was originally assessed on or  before
16    June 30, 2002 and which remains unpaid.
17        On  or  before  December  31,  2002, the Department shall
18    prepare a report for the General Assembly on the  expenditure
19    of  funds  appropriated from the Low-Income Energy Assistance
20    Block Grant Fund for the program authorized under  Section  4
21    of this Act.
22        (i)  The  Department  of Revenue may establish such rules
23    as it deems necessary to implement this Section.
24        (j)  The Department of Commerce and Community Affairs may
25    establish such rules as it deems necessary to implement  this
26    Section.
27        (k)  The charges imposed by this Section shall only apply
28    to  customers  of  municipal  electric  or  gas utilities and
29    electric or gas cooperatives if the municipal electric or gas
30    utility or electric or gas cooperative makes  an  affirmative
31    decision  to  impose  the charge.  If a municipal electric or
32    gas utility or an electric cooperative makes  an  affirmative
33    decision  to  impose the charge provided by this Section, the
34    municipal electric or gas  utility  or  electric  cooperative
 
                            -6-               LRB9204959DJprA
 1    shall  inform  the  Department  of Revenue in writing of such
 2    decision when it begins to impose the charge.  If a municipal
 3    electric or gas utility or electric or gas  cooperative  does
 4    not assess this charge, the Department may not use funds from
 5    the Supplemental Low-Income Energy Assistance Fund to provide
 6    benefits  to  its  customers  under the program authorized by
 7    Section 4 of this Act.
 8    (Source: P.A. 90-561, eff. 12-16-97; 90-624, eff. 7-10-98.)

 9        Section  15.   The  Uniform  Disposition   of   Unclaimed
10    Property Act is amended by changing Section 18 as follows:

11        (765 ILCS 1025/18) (from Ch. 141, par. 118)
12        Sec.   18.   (a)  All  funds  received  under  this  Act,
13    including the proceeds from the sale  of  abandoned  property
14    under  Section  17, shall forthwith be deposited in the State
15    Pensions Fund in the state treasury, except  that  the  State
16    Treasurer shall retain in a separate trust fund an amount not
17    exceeding  $2,500,000  from which he or she shall make prompt
18    payment of claims  he  or  she  duly  allows  as  hereinafter
19    provided.  However, should any claim be allowed or any refund
20    ordered  under  the  provisions  of  this  Act,  in excess of
21    $2,500,000, the State Treasurer shall increase the amount  of
22    such  separate  trust  fund to an amount necessary for prompt
23    payment of such claim in excess of $2,500,000 and make prompt
24    payment  thereof.   Before  making  the  deposit  the   State
25    Treasurer  shall  record  the  name and last known address of
26    each  person  appearing  from  the  holders'  reports  to  be
27    entitled to the  abandoned  property.  The  record  shall  be
28    available  for  public  inspection at all reasonable business
29    hours.
30        (a-5)  If any interest is earned on funds received  under
31    this  Act,  including the proceeds from the sale of abandoned
32    property under Section 17, before those funds or proceeds are
 
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 1    deposited into the State Pensions Fund, that  interest  shall
 2    be   deposited   into   the  Supplemental  Low-Income  Energy
 3    Assistance Fund.
 4        (b)  Before making any deposit to the credit of the State
 5    Pensions Fund, the State Treasurer may deduct: (1) any  costs
 6    in  connection with sale of abandoned property, (2) any costs
 7    of mailing and publication in connection with  any  abandoned
 8    property,   and   (3)   any  costs  in  connection  with  the
 9    maintenance of records or disposition of claims made pursuant
10    to this Act.  The State Treasurer shall semiannually file  an
11    itemized  report  of  all  such expenses with the Legislative
12    Audit Commission.
13    (Source: P.A. 91-16, eff. 7-1-99.)

14        Section 99.  Effective date.  This Act  takes  effect  on
15    January 1, 2002.

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