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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-second12General 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 -7- LRB9204959DJprA 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.