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Public Act 102-0176 Public Act 0176 102ND GENERAL ASSEMBLY |
Public Act 102-0176 | SB0265 Enrolled | LRB102 15310 KTG 20666 b |
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| AN ACT concerning public aid.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Energy Assistance Act is amended by | changing Sections 6, 13, and 18 and by adding Section 20 as | follows:
| (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 or 60% of the State median income for the | current State fiscal year as established by the U.S. | Department of Health and Human Services ; except that for the | period from the effective date of this amendatory Act of the | 101st General Assembly through June 30, 2021, the Department |
| may establish limits not higher than 200% of that poverty | level. The Department, in consultation with the Policy | Advisory Council, may adjust the percentage of poverty level | annually in accordance with federal guidelines and based on | funding availability.
| (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 households , households | with children under the age of 6 years old, and households with | persons with disabilities are offered a priority application
| period.
| (c) If the applicant is not a customer of record of an | energy provider for
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.
| (c-1) This subsection shall apply only in cases where: (1) | the applicant is not a customer of record of an energy provider | because energy services are provided by the owner of the unit | as a portion of the rent; (2) the applicant resides in housing | subsidized or developed with funds provided under the Rental | Housing Support Program Act or under a similar locally funded | rent subsidy program, or is the voucher holder who resides in a | rental unit within the State of Illinois and whose monthly | rent is subsidized by the tenant-based Housing Choice Voucher | Program under Section 8 of the U.S. Housing Act of 1937; and | (3) the rental expenses for housing are no more than 30% of | household income. In such cases, the household may apply for | an energy assistance payment under this Act and the owner of | the housing unit shall cooperate with the applicant by |
| providing documentation of the energy costs for that unit. Any | compensation paid to the energy provider who supplied energy | services to the household shall be paid on behalf of the owner | of the housing unit providing energy services to the | household. The Department shall report annually to the General | Assembly on the number of households receiving energy | assistance under this subsection and the cost of such | assistance. The provisions of this subsection (c-1), other | than this sentence, are inoperative after August 31, 2012. | (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. 101-636, eff. 6-10-20.)
| (305 ILCS 20/13)
| (Section scheduled to be repealed on January 1, 2025) | 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. 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 | Sections 4 and 18 of this Act, for the provision of
| weatherization services and for
administration of the | Supplemental Low-Income Energy
Assistance Fund. All other | deposits outside of the Energy Assistance Charge as set forth | in subsection (b) are not subject to the percentage | restrictions related to administrative and weatherization | expenses provided in this subsection. The yearly expenditures | for weatherization may not exceed 10%
of the amount collected | during the year pursuant to this Section , except when unspent | funds from the Supplemental Low-Income Energy Assistance Fund | are reallocated from a previous year; any unspent balance of | the 10% weatherization allowance may be utilized for | weatherization expenses in the year they are reallocated . The | yearly administrative expenses of the
Supplemental Low-Income | Energy Assistance Fund may not exceed
13% 10% of the amount | collected during that year
pursuant to this Section, except | when unspent funds from the Supplemental Low-Income Energy | Assistance Fund are reallocated from a previous year; any | unspent balance of the 13% 10% administrative allowance may be | utilized for administrative expenses in the year they are | reallocated. Of the 13% administrative allowance, no less than | 8% shall be provided to Local Administrative Agencies for | administrative expenses.
|
| (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, 2022 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) Base Energy Assistance Charge per month on each
| account for residential electrical service; | (2) Base Energy Assistance Charge per month on each
| account for residential gas service; | (3) Ten times the Base Energy Assistance Charge 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) Ten times the Base Energy Assistance Charge 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) Three hundred and seventy-five times the Base
| Energy Assistance Charge 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) Three hundred and seventy-five times the Base
| Energy Assistance Charge 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. | The Base Energy Assistance Charge shall be $0.48
per month | for the calendar year beginning January
1, 2022 and shall | increase by $0.16 per month for
any calendar year, provided no | less than 80% of the
previous State fiscal year's available
| Supplemental Low-Income Energy Assistance Fund
funding was | exhausted. The maximum Base Energy
Assistance Charge shall not | exceed $0.96 per month
for any calendar year. | (1) $0.48 per month on each account for
residential | electric service;
| (2) $0.48 per month on each account for
residential | gas service;
| (3) $4.80 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) $4.80 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) $360 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) $360 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. | The incremental change to such charges imposed by Public | Act 99-933 and this amendatory Act of the 102nd General | Assembly this amendatory Act of the 96th General Assembly | shall not (i) be used for any purpose other than to directly | assist customers and (ii) be applicable to utilities serving | less than 25,000 100,000 customers in Illinois on January 1, | 2021 2009 . The incremental change to such charges imposed by | this amendatory Act of the 102nd General Assembly are intended | to increase utilization of the Percentage of Income Payment | Plan (PIPP or PIP Plan) and shall be applied such that PIP Plan | enrollment is at least doubled, as compared to 2020 | enrollment, by 2024. | In addition, electric and gas utilities have committed, | and shall contribute, a one-time payment of $22 million to the | Fund, within 10 days after the effective date of the tariffs | established pursuant to Sections 16-111.8 and 19-145 of the |
| Public Utilities Act to be used for the Department's cost of | implementing the programs described in Section 18 of this | amendatory Act of the 96th General Assembly, the Arrearage | Reduction Program described in Section 18, and the programs | described in Section 8-105 of the Public Utilities Act. If a | utility elects not to file a rider within 90 days after the | effective date of this amendatory Act of the 96th General | Assembly, then the contribution from such utility shall be | made no later than February 1, 2010.
| (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) Within 30 days after the effective date of this | amendatory Act of the 96th General Assembly, 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, | which shall become effective no later than the beginning of | the first billing cycle following such filing.
| (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; provided, however, that a utility offering an | Arrearage Reduction Program or Supplemental Arrearage | Reduction Program pursuant to Section 18 of this Act shall be | entitled to net those amounts necessary to fund and recover | the costs of such Programs as authorized by that Section that |
| is no more than the incremental change in such Energy | Assistance Charge authorized by Public Act 96-33. 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.
| If any payment provided for in this Section exceeds the | distributor's liabilities under this Act, as shown on an | original return, the Department may authorize the distributor | to credit such excess payment against liability subsequently | to be remitted to the Department under this Act, in accordance | with reasonable rules adopted by the Department. If the | Department subsequently determines that all or any part of the | credit taken was not actually due to the distributor, the | distributor's discount shall be reduced by an amount equal to | the difference between the discount as applied to the credit | taken and that actually due, and that distributor shall be | liable for penalties and interest on such difference. | (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 . ; provided, however, that the amounts remitted by |
| each utility shall be used to provide assistance to that | utility's customers. The utilities shall coordinate with the | Department to establish an equitable and practical methodology | for implementing this subsection (g) beginning with the 2010 | program year.
| (h) 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
| 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 on January 1, 2025
unless
renewed | by action of the General Assembly.
| (Source: P.A. 99-457, eff. 1-1-16; 99-906, eff. 6-1-17; | 99-933, eff. 1-27-17; 100-863, eff. 8-14-18; 100-1171, eff. | 1-4-19.)
| (305 ILCS 20/18) | Sec. 18. Financial assistance; payment plans. | (a) The Percentage of Income Payment Plan (PIPP or PIP | Plan) is hereby created as a mandatory bill payment assistance | program for low-income residential customers of utilities | serving more than 100,000 retail customers as of January 1, | 2021 2009 . The PIP Plan will: | (1) bring participants' gas and electric bills into | the range of affordability; | (2) provide incentives for participants to make timely | payments; | (3) encourage participants to reduce usage and |
| participate in conservation and energy efficiency measures | that reduce the customer's bill and payment requirements; | and | (4) identify participants whose homes are most in need | of weatherization ; and . | (5) endeavor to maximize participation and spend at | least 80% of the funding available for the year. | (b) For purposes of this Section: | (1) "LIHEAP" means the energy assistance program | established under the Illinois Energy Assistance Act and | the Low-Income Home Energy Assistance Act of 1981. | (2) "Plan participant" is an eligible participant who | is also eligible for the PIPP and who will receive either a | percentage of income payment credit under the PIPP | criteria set forth in this Act or a benefit pursuant to | Section 4 of this Act. Plan participants are a subset of | eligible participants. | (3) "Pre-program arrears" means the amount a plan | participant owes for gas or electric service at the time | the participant is determined to be eligible for the PIPP | or the program set forth in Section 4 of this Act. | (4) "Eligible participant" means any person who has | applied for, been accepted and is receiving residential | service from a gas or electric utility and who is also | eligible for LIHEAP or otherwise satisfies the eligibility | criteria set forth in paragraph (1) of subsection (c) . |
| (c) The PIP Plan shall be administered as follows: | (1) The Department shall coordinate with Local | Administrative Agencies (LAAs), to determine eligibility | for the Illinois Low Income Home Energy Assistance Program | (LIHEAP) pursuant to the Energy Assistance Act, provided | that eligible income shall be no more than 150% of the | poverty level or 60% of the State median income , except | that for the period from the effective date of this | amendatory Act of the 101st General Assembly through June | 30, 2021, eligible income shall be no more than 200% of the | poverty level. Applicants will be screened to determine | whether the applicant's projected payments for electric | service or natural gas service over a 12-month period | exceed the criteria established in this Section. The | Department, in consultation with the Policy Advisory | Council, may adjust the percentage of poverty level | annually to determine income eligibility. To maintain the | financial integrity of the program, the Department may | limit eligibility to households with income below 125% of | the poverty level. | (2) The Department shall establish the percentage of | income formula to determine the amount of a monthly credit | for participants with eligible income based on poverty | level. , not to exceed $150 per month per household, not to | exceed $1,800 annually; however, for the period from the | effective date of this amendatory Act of the 101st General |
| Assembly through June 30, 2021, the monthly credit for | participants with eligible income over 100% of the poverty | level may be as much as $200 per month per household, not | to exceed $2,400 annually, and, the monthly credit for | participants with eligible income 100% or less of the | poverty level may be as much as $250 per month per | household, not to exceed $3,000 annually. Credits will be | applied to PIP Plan participants' utility bills based on | the portion of the bill that is the responsibility of the | participant provided that the percentage shall be no more | than a total of 6% of the relevant income for gas and | electric utility bills combined, but in any event no less | than $10 per month, unless the household does not pay | directly for heat, in which case its payment shall be 2.4% | of income but in any event no less than $5 per month. The | Department , in consultation with the Policy Advisory | Council, may adjust such monthly credit amounts annually | and may establish a minimum credit amount based on the | cost of administering the program and may deny credits to | otherwise eligible participants if the cost of | administering the credit exceeds the actual amount of any | monthly credit to a participant. If the participant takes | both gas and electric service, 50% 66.67% of the credit | shall be allocated to the entity that provides the | participant's primary energy supply for heating. Each | participant shall enter into a levelized payment plan for, |
| as applicable, gas and electric service and such plans | shall be implemented by the utility so that a | participant's usage and required payments are reviewed and | adjusted regularly, but no more frequently than quarterly.
| Nothing in this Section is intended to prohibit a | customer, who is otherwise eligible for LIHEAP, from | participating in the program described in Section 4 of | this Act. Eligible participants who receive such a benefit | shall be considered plan participants and shall be | eligible to participate in the Arrearage Reduction Program | described in item (5) of this subsection (c). | (3) The Department shall remit, through the LAAs, to | the utility or participating alternative supplier that | portion of the plan participant's bill that is not the | responsibility of the participant. In the event that the | Department fails to timely remit payment to the utility, | the utility shall be entitled to recover all costs related | to such nonpayment through the automatic adjustment clause | tariffs established pursuant to Section 16-111.8 and | Section 19-145 of the Public Utilities Act. For purposes | of this item (3) of this subsection (c), payment is due on | the date specified on the participant's bill. The | Department, the Department of Revenue and LAAs shall adopt | processes that provide for the timely payment required by | this item (3) of this subsection (c). | (4) A plan participant is responsible for all actual |
| charges for utility service in excess of the PIPP credit. | Pre-program arrears that are included in the Arrearage | Reduction Program described in item (5) of this subsection | (c) shall not be included in the calculation of the | levelized payment plan. Emergency or crisis assistance | payments shall not affect the amount of any PIPP credit to | which a participant is entitled. | (5) Electric and gas utilities subject to this Section | shall implement an Arrearage Reduction Program (ARP) for | plan participants as follows: for each month that a plan | participant timely pays his or her utility bill, the | utility shall apply a credit to a portion of the | participant's pre-program arrears, if any, equal to | one-twelfth of such arrearage provided that the total | amount of arrearage credits shall equal no more than | $1,000 annually for each participant for gas and no more | than $1,000 annually for each participant for electricity. | In the third year of the PIPP, the Department, in | consultation with the Policy Advisory Council established | pursuant to Section 5 of this Act, shall determine by rule | an appropriate per participant total cap on such amounts, | if any. Those plan participants participating in the ARP | shall not be subject to the imposition of any additional | late payment fees on pre-program arrears covered by the | ARP. In all other respects, the utility shall bill and | collect the monthly bill of a plan participant pursuant to |
| the same rules, regulations, programs and policies as | applicable to residential customers generally. | Participation in the Arrearage Reduction Program shall be | limited to the maximum amount of funds available as set | forth in subsection (f) of Section 13 of this Act. In the | event any donated funds under Section 13 of this Act are | specifically designated for the purpose of funding the | ARP, the Department shall remit such amounts to the | utilities upon verification that such funds are needed to | fund the ARP. Nothing in this Section shall preclude a | utility from continuing to implement, and apply credits | under, an ARP in the event that the PIPP or LIHEAP is | suspended due to lack of funding such that the plan | participant does not receive a benefit under either the | PIPP or LIHEAP. | (5.5) In addition to the ARP described in paragraph | (5) of this subsection (c), utilities may also implement a | Supplemental Arrearage Reduction Program (SARP) for | eligible participants who are not able to become plan | participants due to PIPP timing or funding constraints. If | a utility elects to implement a SARP, it shall be | administered as follows: for each month that a SARP | participant timely pays his or her utility bill, the | utility shall apply a credit to a portion of the | participant's pre-program arrears, if any, equal to | one-twelfth of such arrearage, provided that the utility |
| may limit the total amount of arrearage credits to no more | than $1,000 annually for each participant for gas and no | more than $1,000 annually for each participant for | electricity. SARP participants shall not be subject to the | imposition of any additional late payment fees on | pre-program arrears covered by the SARP. In all other | respects, the utility shall bill and collect the monthly | bill of a SARP participant under the same rules, | regulations, programs, and policies as applicable to | residential customers generally. Participation in the SARP | shall be limited to the maximum amount of funds available | as set forth in subsection (f) of Section 13 of this Act. | In the event any donated funds under Section 13 of this Act | are specifically designated for the purpose of funding the | SARP, the Department shall remit such amounts to the | utilities upon verification that such funds are needed to | fund the SARP. | (6) The Department may terminate a plan participant's | eligibility for the PIP Plan upon notification by the | utility that the participant's monthly utility payment is | more than 75 45 days past due. One-twelfth of a customer's | arrearage shall be deducted from the total arrearage owed | for each on-time payment made by the customer. | (7) The Department, in consultation with the Policy | Advisory Council, may adjust the number of PIP Plan | participants annually, if necessary, to match the |
| availability of funds. Any plan participant who qualifies | for a PIPP credit under a utility's PIPP shall be entitled | to participate in and receive a credit under such | utility's ARP for so long as such utility has ARP funds | available, regardless of whether the customer's | participation under another utility's PIPP or ARP has been | curtailed or limited because of a lack of funds. | (8) The Department shall fully implement the PIPP at | the earliest possible date it is able to effectively | administer the PIPP. Within 90 days of the effective date | of this amendatory Act of the 96th General Assembly, the | Department shall, in consultation with utility companies, | participating alternative suppliers, LAAs and the Illinois | Commerce Commission (Commission), issue a detailed | implementation plan which shall include detailed testing | protocols and analysis of the capacity for implementation | by the LAAs and utilities. Such consultation process also | shall address how to implement the PIPP in the most | cost-effective and timely manner, and shall identify | opportunities for relying on the expertise of utilities, | LAAs and the Commission. Following the implementation of | the testing protocols, the Department shall issue a | written report on the feasibility of full or gradual | implementation. The PIPP shall be fully implemented by | September 1, 2011, but may be phased in prior to that date. | (9) As part of the screening process established under |
| item (1) of this subsection (c), the Department and LAAs | shall assess whether any energy efficiency or demand | response measures are available to the plan participant at | no cost, and if so, the participant shall enroll in any | such program for which he or she is eligible. The LAAs | shall assist the participant in the applicable enrollment | or application process. | (10) Each alternative retail electric and gas supplier | serving residential customers shall elect whether to | participate in the PIPP or ARP described in this Section. | Any such supplier electing to participate in the PIPP | shall provide to the Department such information as the | Department may require, including, without limitation, | information sufficient for the Department to determine the | proportionate allocation of credits between the | alternative supplier and the utility. If a utility in | whose service territory an alternative supplier serves | customers contributes money to the ARP fund which is not | recovered from ratepayers, then an alternative supplier | which participates in ARP in that utility's service | territory shall also contribute to the ARP fund in an | amount that is commensurate with the number of alternative | supplier customers who elect to participate in the | program. | (11) The PIPP shall be designed and implemented each | year to maximize participation and spend at least 80% of |
| the funding available for the year. | (d) The Department, in consultation with the Policy | Advisory Council, shall develop and implement a program to | educate customers about the PIP Plan and about their rights | and responsibilities under the percentage of income component. | The Department, in consultation with the Policy Advisory | Council, shall establish a process that LAAs shall use to | contact customers in jeopardy of losing eligibility due to | late payments. The Department shall ensure that LAAs are | adequately funded to perform all necessary educational tasks. | (e) The PIPP shall be administered in a manner which | ensures that credits to plan participants will not be counted | as income or as a resource in other means-tested assistance | programs for low-income households or otherwise result in the | loss of federal or State assistance dollars for low-income | households. | (f) In order to ensure that implementation costs are | minimized, the Department and utilities shall work together to | identify cost-effective ways to transfer information | electronically and to employ available protocols that will | minimize their respective administrative costs as follows: | (1) The Commission may require utilities to provide | such information on customer usage and billing and payment | information as required by the Department to implement the | PIP Plan and to provide written notices and communications | to plan participants. |
| (2) Each utility and participating alternative | supplier shall file annual reports with the Department and | the Commission that cumulatively summarize and update | program information as required by the Commission's rules. | The reports shall track implementation costs and contain | such information as is necessary to evaluate the success | of the PIPP. | (2.5) The Department shall annually prepare and submit | a report to the General Assembly, the Commission, and the | Policy Advisory Council that identifies the following | amounts for the most recently completed year: total monies | collected under subsection (b) of Section 13 of this Act | for all PIPPs implemented in the State; monies allocated | to each utility for implementation of its PIPP; and monies | allocated to each utility for other purposes, including a | description of each of those purposes. The Commission | shall publish the report on its website. | (3) The Department and the Commission shall have the | authority to promulgate rules and regulations necessary to | execute and administer the provisions of this Section. | (g) Each utility shall be entitled to recover reasonable | administrative and operational costs incurred to comply with | this Section from the Supplemental Low Income Energy | Assistance Fund. The utility may net such costs against monies | it would otherwise remit to the Funds, and each utility shall | include in the annual report required under subsection (f) of |
| this Section an accounting for the funds collected.
| (Source: P.A. 101-636, eff. 6-10-20.) | (305 ILCS 20/20 new) | Sec. 20. Expanded eligibility. All programs pursuant to | this Act shall be available to eligible low-income Illinois | residents who qualify for assistance under Sections 6 and 18, | regardless of immigration status, using the Supplemental | Low-Income Energy Assistance Fund for customers of utilities | and vendors that collect the Energy Assistance Charge and pay | into the Supplemental Low-Income Energy Assistance Fund.
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Effective Date: 6/1/2022
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