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Public Act 096-0154
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| HB0796 Enrolled |
LRB096 07879 JAM 17982 b |
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AN ACT concerning energy assistance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Economic Opportunity Act is amended |
by changing Section 2 as follows:
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(20 ILCS 625/2) (from Ch. 127, par. 2602)
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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
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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
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assistance program in accordance with federal laws
and |
regulations as amended.
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(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.
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(Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06.)
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Section 10. The Energy Assistance Act is amended by |
changing Sections 3, 4, 6, 8, and 13 as follows:
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(305 ILCS 20/3) (from Ch. 111 2/3, par. 1403)
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Sec. 3. Definitions. As used in this Act, unless the |
context
otherwise requires:
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(a) the terms defined in Sections 3-101 through 3-121 of
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The Public Utilities Act have the meanings ascribed to them in |
that
Act;
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(b) "Department" means the Department of Commerce and |
Economic Opportunity Healthcare and Family Services;
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(c) "energy provider" means any utility, municipal |
utility,
cooperative utility, or any other corporation or |
individual which provides
winter energy services;
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(d) "winter" means the period from November 1 of any year |
through April
30 of the following year.
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(Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06; |
95-331, eff. 8-21-07.)
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(305 ILCS 20/4) (from Ch. 111 2/3, par. 1404)
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Sec. 4. Energy Assistance Program.
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(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
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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.
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(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.
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(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 |
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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).
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(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.)
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(305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
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Sec. 6. Eligibility, Conditions of Participation, and |
Energy Assistance.
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(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
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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 |
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poverty level.
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(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
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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.
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(c) If the applicant is not a customer of an energy |
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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
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such an applicant must have rental expenses for housing greater |
than 30% of
household income.
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(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:
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(i) make all reasonable efforts to apply to any other |
appropriate
source of public energy assistance; and
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(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.
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(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.
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(f) The Department may, if sufficient funds are available, |
provide
additional benefits to certain qualified applicants:
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(i) for the reduction of past due amounts owed to |
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energy providers;
and
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(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.
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(Source: P.A. 91-936, eff. 1-10-01; 92-690, eff. 7-18-02.)
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(305 ILCS 20/8) (from Ch. 111 2/3, par. 1408)
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Sec. 8. Program Reports.
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(a) The Department of Natural Resources shall prepare and
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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
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shall cover effects since the issuance of the preceding report.
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(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.
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(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
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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.
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(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.
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(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:
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(1) the definition of an eligible low income |
residential
customer;
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(2) access of low income residential customers to |
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essential
energy services;
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(3) past due amounts owed to utilities by low income |
persons in
Illinois;
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(4) appropriate measures to encourage energy |
conservation,
efficiency, and responsibility among low |
income residential customers;
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(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.
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(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.
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(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.
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(Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06; |
95-331, eff. 8-21-07.)
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(305 ILCS 20/13)
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(Section scheduled to be repealed on December 31, 2013) |
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Sec. 13. Supplemental Low-Income Energy Assistance Fund.
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(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
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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
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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.
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(b) Notwithstanding the provisions of Section 16-111
of the |
Public Utilities Act but subject to subsection (k) of this |
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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
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Act, that is engaged in the delivery of electricity or the
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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
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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:
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(1) $0.40 per month on each account for
residential |
electric service;
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(2) $0.40 per month on each account for
residential gas |
service;
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(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;
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(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;
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(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
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(6) $300 per month on each account for non-residential |
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gas service
which had 4,000,000 or more therms of
gas |
distributed to it during the previous calendar year.
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(c) For purposes of this Section:
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(1) "residential electric service" means
electric |
utility service for household purposes delivered to a
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dwelling of 2 or fewer units which is billed under a
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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;
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(2) "residential gas service" means gas utility
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service for household purposes distributed to a dwelling of
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2 or fewer units which is billed under a residential rate,
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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;
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(3) "non-residential electric service" means
electric |
utility service which is not residential electric
service; |
and
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(4) "non-residential gas service" means gas
utility |
service which is not residential gas service.
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(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 |
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tariffs incorporating the Energy
Assistance Charge in other |
charges stated in such tariffs.
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(e) The Energy Assistance Charge assessed by
electric and |
gas public utilities shall be considered a charge
for public |
utility service.
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(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
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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.
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(g) The Department of Revenue shall deposit into the
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Supplemental Low-Income Energy Assistance Fund all moneys
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remitted to it in accordance with subsection (f) of this
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Section.
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(h) (Blank).
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On or before December 31, 2002, the Department shall
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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.
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(i) The Department of Revenue may establish such
rules as |
it deems necessary to implement this Section.
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(j) The Department of Commerce and Economic Opportunity |
Healthcare and Family Services
may establish such rules as it |
deems necessary to implement
this Section.
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(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
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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.
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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 |
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provided by this Section.
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This Section is repealed effective December 31, 2013
unless
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renewed by action of the General Assembly. The General Assembly |
shall
consider the results of the evaluations described in |
Section 8 in its
deliberations.
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(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.)
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Section 15. The Good Samaritan Energy Plan Act is amended |
by changing Section 5 as follows:
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(305 ILCS 22/5)
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Sec. 5. Definitions. In this Act:
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"Department" means the Department of Commerce and Economic |
Opportunity Healthcare and Family Services.
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"LIHEAP" means the energy assistance program established |
under the Energy
Assistance Act.
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(Source: P.A. 94-773, eff. 5-18-06; 95-331, eff. 8-21-07.)
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