Public Act 096-0154
 
HB0796 Enrolled LRB096 07879 JAM 17982 b

    AN ACT concerning energy assistance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. 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 is authorized to administer the federal community
services block program, emergency community services homeless
grant program, low-income energy assistance program,
weatherization assistance program, supplemental low-income
energy assistance fund, 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. Allocations will be made consistent with duly
enacted departmental rules.
(Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06.)
 
    Section 10. The Energy Assistance Act is amended by
changing Sections 3, 4, 6, 8, and 13 as follows:
 
    (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 Commerce and
Economic Opportunity Healthcare and Family Services;
    (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. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06;
95-331, eff. 8-21-07.)
 
    (305 ILCS 20/4)  (from Ch. 111 2/3, par. 1404)
    Sec. 4. Energy Assistance Program.
    (a) The Department of Commerce and Economic Opportunity
Healthcare and Family Services 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.
    (c) The Department of Commerce and Economic Opportunity
Healthcare and Family Services is authorized to institute an
outreach program directed at low-income minority heads of
households and heads of households age 60 or older. The
Department shall implement the program through rules adopted
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 set forth in
this subsection (c).
(Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06;
95-331, eff. 8-21-07; 95-532, eff. 8-28-07.)
 
    (305 ILCS 20/6)  (from Ch. 111 2/3, par. 1406)
    Sec. 6. Eligibility, Conditions of Participation, and
Energy Assistance.
    (a) Any person who is a resident of the State of Illinois
and whose household income is not greater than an amount
determined annually by the Department, in consultation with the
Policy Advisory Council, may apply for assistance pursuant to
this Act in accordance with regulations promulgated by the
Department. In setting the annual eligibility level, the
Department shall consider the amount of available funding and
may not set a limit higher than 150% of the federal nonfarm
poverty level as established by the federal Office of
Management and Budget; except that for the period ending June
30, 2012, or until the expenditure of federal resources
allocated for energy assistance programs by the American
Recovery and Reinvestment Act, whichever occurs first, the
Department may not establish limits higher than 200% of that
poverty level.
    (b) Applicants who qualify for assistance pursuant to
subsection (a) of this Section shall, subject to appropriation
from the General Assembly and subject to availability of funds
to the Department, receive energy assistance as provided by
this Act. The Department, upon receipt of monies authorized
pursuant to this Act for energy assistance, shall commit funds
for each qualified applicant in an amount determined by the
Department. In determining the amounts of assistance to be
provided to or on behalf of a qualified applicant, the
Department shall ensure that the highest amounts of assistance
go to households with the greatest energy costs in relation to
household income. The Department shall include factors such as
energy costs, household size, household income, and region of
the State when determining individual household benefits. In
setting assistance levels, the Department shall attempt to
provide assistance to approximately the same number of
households who participated in the 1991 Residential Energy
Assistance Partnership Program. Such assistance levels shall
be adjusted annually on the basis of funding availability and
energy costs. In promulgating rules for the administration of
this Section the Department shall assure that a minimum of 1/3
of funds available for benefits to eligible households with the
lowest incomes and that elderly and disabled households are
offered a priority application period.
    (c) If the applicant is not a customer of an energy
provider for winter energy services or an applicant for such
service, such applicant shall receive a direct energy
assistance payment in an amount established by the Department
for all such applicants under this Act; provided, however, that
such an applicant must have rental expenses for housing greater
than 30% of household income.
    (d) If the applicant is a customer of an energy provider,
such applicant shall receive energy assistance in an amount
established by the Department for all such applicants under
this Act, such amount to be paid by the Department to the
energy provider supplying winter energy service to such
applicant. Such applicant shall:
        (i) make all reasonable efforts to apply to any other
    appropriate source of public energy assistance; and
        (ii) sign a waiver permitting the Department to receive
    income information from any public or private agency
    providing income or energy assistance and from any
    employer, whether public or private.
    (e) Any qualified applicant pursuant to this Section may
receive or have paid on such applicant's behalf an emergency
assistance payment to enable such applicant to obtain access to
winter energy services. Any such payments shall be made in
accordance with regulations of the Department.
    (f) The Department may, if sufficient funds are available,
provide additional benefits to certain qualified applicants:
        (i) for the reduction of past due amounts owed to
    energy providers; and
        (ii) to assist the household in responding to
    excessively high summer temperatures or energy costs.
    Households containing elderly members, children, a person
    with a disability, or a person with a medical need for
    conditioned air shall receive priority for receipt of such
    benefits.
(Source: P.A. 91-936, eff. 1-10-01; 92-690, eff. 7-18-02.)
 
    (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 Commerce and Economic
    Opportunity Healthcare and Family Services, 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. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06;
95-331, eff. 8-21-07.)
 
    (305 ILCS 20/13)
    (Section scheduled to be repealed on December 31, 2013)
    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 moneys from voluntary donations from individuals,
foundations, corporations, and other sources, moneys received
pursuant to Section 17, and, 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 Commerce and Economic Opportunity
Healthcare and Family Services 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, 2013 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. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06;
94-817, eff. 5-30-06; 95-48, eff. 8-10-07; 95-331, eff.
8-21-07.)
 
    Section 15. 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 Commerce and Economic
Opportunity Healthcare and Family Services.
    "LIHEAP" means the energy assistance program established
under the Energy Assistance Act.
(Source: P.A. 94-773, eff. 5-18-06; 95-331, eff. 8-21-07.)