|
|
Public Act 094-0773
|
| SB2579 Enrolled |
LRB094 16023 DRJ 53305 b |
|
|
AN ACT concerning public aid.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 2. The Illinois Economic Opportunity Act is amended |
by changing Section 2 as follows:
|
(20 ILCS 625/2) (from Ch. 127, par. 2602)
|
Sec. 2. (a) The Director of Commerce and Economic |
Opportunity
the Department of Commerce & Community
Affairs is |
authorized to administer the federal community services
block |
program, low-income home energy assistance program, |
weatherization
assistance program, emergency community |
services homeless grant program,
and other federal programs |
that require or give preference to community
action agencies |
for local administration in accordance with federal laws
and |
regulations as amended. The Director shall provide financial |
assistance to
community action agencies from community service |
block grant funds and other
federal funds requiring or giving |
preference to community action agencies for
local |
administration for the programs described in Section 4. The |
Director of Healthcare and Family Services is authorized to |
administer the federal low-income home energy assistance |
program and weatherization
assistance program in accordance |
with federal laws
and regulations as amended.
|
(b) Funds appropriated for use by community action agencies |
in community
action programs shall be allocated annually to |
existing community action
agencies or newly formed community |
action agencies by the Department of
Commerce and Economic |
Opportunity
Community Affairs. Allocations will be made |
consistent with
duly enacted departmental rules.
|
(Source: P.A. 87-926; revised 12-6-03.)
|
Section 5. The State Finance Act is amended by changing |
|
Section 8h as follows:
|
(30 ILCS 105/8h)
|
Sec. 8h. Transfers to General Revenue Fund. |
(a) Except as provided in subsection (b), notwithstanding |
any other
State law to the contrary, the Governor
may, through |
June 30, 2007, from time to time direct the State Treasurer and |
Comptroller to transfer
a specified sum from any fund held by |
the State Treasurer to the General
Revenue Fund in order to |
help defray the State's operating costs for the
fiscal year. |
The total transfer under this Section from any fund in any
|
fiscal year shall not exceed the lesser of (i) 8% of the |
revenues to be deposited
into the fund during that fiscal year |
or (ii) an amount that leaves a remaining fund balance of 25% |
of the July 1 fund balance of that fiscal year. In fiscal year |
2005 only, prior to calculating the July 1, 2004 final |
balances, the Governor may calculate and direct the State |
Treasurer with the Comptroller to transfer additional amounts |
determined by applying the formula authorized in Public Act |
93-839 to the funds balances on July 1, 2003.
No transfer may |
be made from a fund under this Section that would have the
|
effect of reducing the available balance in the fund to an |
amount less than
the amount remaining unexpended and unreserved |
from the total appropriation
from that fund estimated to be |
expended for that fiscal year. This Section does not apply to |
any
funds that are restricted by federal law to a specific use, |
to any funds in
the Motor Fuel Tax Fund, the Intercity |
Passenger Rail Fund, the Hospital Provider Fund, the Medicaid |
Provider Relief Fund, the Teacher Health Insurance Security |
Fund, the Reviewing Court Alternative Dispute Resolution Fund, |
or the Voters' Guide Fund, the Foreign Language Interpreter |
Fund, the Lawyers' Assistance Program Fund, the Supreme Court |
Federal Projects Fund, the Supreme Court Special State Projects |
Fund, the Supplemental Low-Income Energy Assistance Fund, the |
Good Samaritan Energy Trust Fund,
or the Low-Level Radioactive |
Waste Facility Development and Operation Fund, or the Hospital |
|
Basic Services Preservation Fund, or to any
funds to which |
subsection (f) of Section 20-40 of the Nursing and Advanced |
Practice Nursing Act applies. No transfers may be made under |
this Section from the Pet Population Control Fund. |
Notwithstanding any
other provision of this Section, for fiscal |
year 2004,
the total transfer under this Section from the Road |
Fund or the State
Construction Account Fund shall not exceed |
the lesser of (i) 5% of the revenues to be deposited
into the |
fund during that fiscal year or (ii) 25% of the beginning |
balance in the fund.
For fiscal year 2005 through fiscal year |
2007, no amounts may be transferred under this Section from the |
Road Fund, the State Construction Account Fund, the Criminal |
Justice Information Systems Trust Fund, the Wireless Service |
Emergency Fund, or the Mandatory Arbitration Fund.
|
In determining the available balance in a fund, the |
Governor
may include receipts, transfers into the fund, and |
other
resources anticipated to be available in the fund in that |
fiscal year.
|
The State Treasurer and Comptroller shall transfer the |
amounts designated
under this Section as soon as may be |
practicable after receiving the direction
to transfer from the |
Governor.
|
(b) This Section does not apply to: (i) the Ticket For The |
Cure Fund; (ii)
or to any fund established under the Community |
Senior Services and Resources Act; or (iii)
(ii) on or after |
January 1, 2006 (the effective date of Public Act 94-511)
this |
amendatory Act of the 94th General Assembly, the Child Labor |
and Day and Temporary Labor Enforcement Fund. |
(c) This Section does not apply to the Demutualization |
Trust Fund established under the Uniform Disposition of |
Unclaimed Property Act.
|
(d)
(c) This Section does not apply to moneys set aside in |
the Illinois State Podiatric Disciplinary Fund for podiatric |
scholarships and residency programs under the Podiatric |
Scholarship and Residency Act. |
(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, |
|
eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; |
93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. |
1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. |
1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, |
eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; |
94-691, eff. 11-2-05; 94-726, eff. 1-20-06; revised 1-23-06.)
|
Section 10. The Illinois Income Tax Act is amended by |
adding Section 507MM as follows:
|
(35 ILCS 5/507MM new) |
Sec. 507MM. Supplemental Low-Income Energy Assistance Fund |
checkoff. Beginning with taxable years ending on December 31, |
2006, the Department shall print on its standard individual |
income tax form a provision indicating that if the taxpayer |
wishes to contribute to the Supplemental Low-Income Energy |
Assistance Fund as authorized by this amendatory Act of the |
94th General Assembly, he or she may do so by stating the |
amount of the contribution (not less than $1) on the return and |
that the contribution will reduce the taxpayer's refund or |
increase the amount of the payment to accompany the return. |
Failure to remit any amount of increased payment shall reduce |
the contribution accordingly. This Section shall not apply to |
an amended return.
|
Section 15. The Energy Assistance Act is amended by |
changing Sections 2, 3, 4, 8, and 13 and by adding Section 15 |
as follows:
|
(305 ILCS 20/2) (from Ch. 111 2/3, par. 1402)
|
Sec. 2. Findings and Intent.
|
(a) The General Assembly finds that:
|
(1) the health, welfare, and prosperity of the people |
of the State of
Illinois require that all citizens receive |
essential
levels of heat and
electric service regardless of |
economic circumstance;
|
|
(2) public utilities and other entities providing such |
services are
entitled to receive proper payment for |
services actually rendered;
|
(3) declining Federal low income energy assistance |
funding
necessitates a State response to ensure the |
continuity and the further
development of energy |
assistance and related policies and programs within
|
Illinois; and
|
(4) energy assistance policies and programs in effect |
in Illinois
during the past 3 years have benefited all |
Illinois citizens, and
should therefore be continued with |
the modifications provided herein.
|
(b) Consistent with its findings, the General Assembly |
declares that it
is the policy of the State that:
|
(1) a comprehensive low income energy assistance |
policy and program
should be established which |
incorporates income assistance, home
weatherization, and |
other measures to ensure that citizens
have access to
|
affordable energy services;
|
(2) the ability of public utilities and other entities |
to receive just
compensation for providing services should |
not be jeopardized by this policy;
|
(3) resources applied in achieving this policy should |
be coordinated
and efficiently utilized through the |
integration of public programs and
through the targeting of |
assistance; and
|
(4) the State should utilize all appropriate and |
available means to
fund this program and, to the extent |
possible, should identify and utilize
sources of funding |
which complement State tax revenues.
|
(Source: P.A. 92-690, eff. 7-18-02.)
|
(305 ILCS 20/3) (from Ch. 111 2/3, par. 1403)
|
Sec. 3. Definitions. As used in this Act, unless the |
context
otherwise requires:
|
(a) the terms defined in Sections 3-101 through 3-121 of
|
|
The Public Utilities Act have the meanings ascribed to them in |
that
Act;
|
(b) "Department" means the Department of Healthcare and |
Family Services
Commerce and
Community
Affairs;
|
(c) "energy provider" means any utility, municipal |
utility,
cooperative utility, or any other corporation or |
individual which provides
winter energy services;
|
(d) "winter" means the period from November 1 of any year |
through April
30 of the following year.
|
(Source: P.A. 86-127; 87-14; revised 12-6-03.)
|
(305 ILCS 20/4) (from Ch. 111 2/3, par. 1404)
|
Sec. 4. Energy Assistance Program.
|
(a) The Department of Healthcare and Family Services
|
Commerce
and
Community Affairs is hereby authorized to |
institute a program to
ensure
the availability and |
affordability of heating and electric service to low
income |
citizens. The Department shall implement the program by rule
|
promulgated pursuant to The Illinois Administrative Procedure |
Act.
The program shall be consistent
with the purposes and |
objectives of this Act and with all other specific
requirements |
provided herein. The Department may enter
into such contracts |
and other agreements with local agencies as may be
necessary |
for the purpose of administering the energy assistance program.
|
(b)
Nothing in this Act shall be construed as altering or |
limiting the
authority conferred on the Illinois Commerce |
Commission by the Public
Utilities Act to regulate all aspects |
of the provision of public utility
service, including but not |
limited to the authority to make rules and
adjudicate disputes |
between utilities and customers related to eligibility
for |
utility service, deposits, payment practices, discontinuance |
of
service, and the treatment of arrearages owing for |
previously rendered
utility service.
|
(Source: P.A. 92-690, eff. 7-18-02; revised 12-6-03.)
|
(305 ILCS 20/8) (from Ch. 111 2/3, par. 1408)
|
|
Sec. 8. Program Reports.
|
(a) The Department of Natural Resources shall prepare and
|
submit to the Governor and the General Assembly reports on |
September 30
biennially, beginning in 2003,
evaluating the |
effectiveness of the energy
assistance and weatherization |
policies authorized by this Act. The first
report shall cover |
such effects during the first winter during which the
program |
authorized by this Act, is in operation, and successive reports
|
shall cover effects since the issuance of the preceding report.
|
(1) Reports issued pursuant to this Section shall be |
limited to,
information concerning the effects of the |
policies authorized by this Act
on (1) the ability of |
eligible applicants to obtain and maintain adequate
and |
affordable winter energy services and (2) changes in the |
costs and
prices of winter energy services for people who |
do not receive energy
assistance pursuant to this Act.
|
(2) The Department of Natural Resources shall by |
September
30, 2002, in consultation with the Policy |
Advisory Council, determine the
kinds of numerical and |
other information needed to conduct the evaluations
|
required by this Section, and shall advise the Policy |
Advisory
Council of such information needs in a timely |
manner.
The Department of Healthcare and Family Services
|
Commerce and
Community Affairs, the
Department of Human |
Services, and the Illinois Commerce
Commission shall each
|
provide such information as the Department of Natural |
Resources
may require to ensure that the evaluation |
reporting requirement established
by this Section can be |
met.
|
(b) On or before December 31, 2002, 2004, 2006, and 2007, |
the Department
shall prepare a report for the General Assembly |
on the expenditure of funds
appropriated for the programs |
authorized under this Act.
|
(c) On or before December 31 of each year in 2004, 2006, |
and 2007, the
Department shall, in consultation with the |
Council, prepare and submit
evaluation reports to the Governor |
|
and the General Assembly outlining the
effects of the program |
designed under this Act on the following as it relates
to the |
propriety of continuing the program:
|
(1) the definition of an eligible low income |
residential
customer;
|
(2) access of low income residential customers to |
essential
energy services;
|
(3) past due amounts owed to utilities by low income |
persons in
Illinois;
|
(4) appropriate measures to encourage energy |
conservation,
efficiency, and responsibility among low |
income residential customers;
|
(5) the activities of the Department in the development |
and
implementation of energy assistance and related |
policies and programs,
which characterizes progress toward |
meeting the objectives and
requirements of this Act, and |
which recommends any statutory
changes which might be |
needed to further such progress.
|
(d) The Department shall by September 30, 2002 in |
consultation with the
Council determine the kinds of numerical |
and other information needed to
conduct the evaluations |
required by this Section.
|
(e) The Illinois Commerce Commission shall require each |
public utility
providing heating or electric service to compile |
and submit any numerical
and other information needed by the |
Department of Natural
Resources to meet its reporting |
obligations.
|
(Source: P.A. 92-690, eff. 7-18-02; revised 12-6-03.)
|
(305 ILCS 20/13)
|
Sec. 13. Supplemental Low-Income Energy Assistance Fund.
|
(a) The Supplemental Low-Income Energy Assistance
Fund is |
hereby created as a special fund in the State
Treasury. The |
Supplemental Low-Income Energy Assistance Fund
is authorized |
to receive, by statutory deposit, the moneys
collected pursuant |
to this Section. The Fund is also authorized to receive |
|
voluntary donations from individuals, foundations, |
corporations, and other sources, as well as contributions made |
in accordance with Section 507MM of the Illinois Income Tax |
Act. Subject to appropriation,
the Department shall use
moneys |
from the Supplemental Low-Income Energy Assistance Fund
for |
payments to electric or gas public utilities,
municipal |
electric or gas utilities, and electric cooperatives
on behalf |
of their customers who are participants in the
program |
authorized by Section 4 of this Act, for the provision of
|
weatherization services and for
administration of the |
Supplemental Low-Income Energy
Assistance Fund. The yearly |
expenditures for weatherization may not exceed 10%
of the |
amount collected during the year pursuant to this Section. The |
yearly administrative expenses of the
Supplemental Low-Income |
Energy Assistance Fund may not exceed
10% of the amount |
collected during that year
pursuant to this Section.
|
(b) Notwithstanding the provisions of Section 16-111
of the |
Public Utilities Act but subject to subsection (k) 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 Energy Assistance Charge for
the Supplemental |
Low-Income Energy Assistance Fund.
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) $0.40 per month on each account for
residential |
electric service;
|
(2) $0.40 per month on each account for
residential gas |
service;
|
(3) $4 per month on each account for non-residential |
electric service
which had less than 10 megawatts
of peak |
|
demand during the previous calendar year;
|
(4) $4 per month on each account for non-residential |
gas service which
had distributed to it less than
4,000,000 |
therms of gas during the previous calendar year;
|
(5) $300 per month on each account for non-residential |
electric service
which had 10 megawatts or greater
of peak |
demand during the previous calendar year; and
|
(6) $300 per month on each account for non-residential |
gas service
which had 4,000,000 or more therms of
gas |
distributed to it during the previous calendar year.
|
(c) For purposes of this Section:
|
(1) "residential electric service" means
electric |
utility service for household purposes delivered to a
|
dwelling of 2 or fewer units which is billed under a
|
residential rate, or electric utility service for |
household
purposes delivered to a dwelling unit or units |
which is billed
under a residential rate and is registered |
by a separate meter
for each dwelling unit;
|
(2) "residential gas service" means gas utility
|
service for household purposes distributed to a dwelling of
|
2 or fewer units which is billed under a residential rate,
|
or gas utility service for household purposes distributed |
to a
dwelling unit or units which is billed under a |
residential
rate and is registered by a separate meter for |
each dwelling
unit;
|
(3) "non-residential electric service" means
electric |
utility service which is not residential electric
service; |
and
|
(4) "non-residential gas service" means gas
utility |
service which is not residential gas service.
|
(d) At least 45 days prior to the date on which it
must |
begin assessing Energy Assistance Charges, each public
utility |
engaged in the delivery of electricity or the
distribution of |
natural gas shall file with the Illinois
Commerce Commission |
tariffs incorporating the Energy
Assistance Charge in other |
charges stated in such tariffs.
|
|
(e) The Energy Assistance Charge assessed by
electric and |
gas public utilities shall be considered a charge
for public |
utility service.
|
(f) By the 20th day of the month following the month in |
which the charges
imposed by the Section were collected, each |
public
utility,
municipal utility, and electric cooperative |
shall remit to the
Department of Revenue all moneys received as |
payment of the
Energy Assistance Charge on a return prescribed |
and furnished by the
Department of Revenue showing such |
information as the Department of Revenue may
reasonably |
require. If a customer makes a partial payment, a public
|
utility, municipal
utility, or electric cooperative may elect |
either: (i) to apply
such partial payments first to amounts |
owed to the
utility or cooperative for its services and then to |
payment
for the Energy Assistance Charge or (ii) to apply such |
partial payments
on a pro-rata basis between amounts owed to |
the
utility or cooperative for its services and to payment for |
the
Energy Assistance Charge.
|
(g) The Department of Revenue shall deposit into the
|
Supplemental Low-Income Energy Assistance Fund all moneys
|
remitted to it in accordance with subsection (f) of this
|
Section.
|
(h) (Blank).
|
On or before December 31, 2002, the Department shall
|
prepare a report for the General Assembly on the expenditure of |
funds
appropriated from the Low-Income Energy Assistance Block |
Grant Fund for the
program authorized under Section 4 of this |
Act.
|
(i) The Department of Revenue may establish such
rules as |
it deems necessary to implement this Section.
|
(j) The Department of Healthcare and Family Services
|
Commerce and
Community Affairs
may establish such rules as it |
deems necessary to implement
this Section.
|
(k) 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
cooperative makes an affirmative decision to impose |
the charge provided by
this
Section, the municipal electric or |
gas utility or electric 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, the Department |
may not use funds from the Supplemental Low-Income
Energy |
Assistance Fund to provide benefits to its customers under the |
program
authorized by Section 4 of this Act.
|
In its use of federal funds under this Act, the Department |
may not cause a
disproportionate share of those federal funds |
to benefit customers of systems
which do not assess the charge |
provided by this Section.
|
This Section is repealed effective December 31, 2007 unless
|
renewed by action of the General Assembly. The General Assembly |
shall
consider the results of the evaluations described in |
Section 8 in its
deliberations.
|
(Source: P.A. 92-690, eff. 7-18-02; revised 12-6-03.)
|
(305 ILCS 20/15 new) |
Sec. 15. Income tax checkoff. Each individual income tax |
payer may contribute to the Supplemental Low-Income Energy |
Assistance Fund through the income tax checkoff described in |
Section 507MM of the Illinois Income Tax Act.
|
Section 20. The Good Samaritan Energy Plan Act is amended |
by changing Section 5 as follows:
|
(305 ILCS 22/5)
|
Sec. 5. Definitions. In this Act:
|
"Department" means the Department of Healthcare and Family |
Services
Commerce and Economic Opportunity.
|
"LIHEAP" means the energy assistance program established |
under the Energy
Assistance Act of 1989.
|