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Public Act 102-0176 | ||||
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AN ACT concerning public aid.
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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 Energy Assistance Act is amended by | ||||
changing Sections 6, 13, and 18 and by adding Section 20 as | ||||
follows:
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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 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.
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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 households , households | ||
with children under the age of 6 years old, and households with | ||
persons with disabilities are offered a priority application
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period.
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(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.
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(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:
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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 | ||
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. 101-636, eff. 6-10-20.)
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(305 ILCS 20/13)
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(Section scheduled to be repealed on January 1, 2025) | ||
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. 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
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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.
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(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
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the
fee imposed by this Section.
The
monthly charge shall be as | ||
follows:
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(1) Base Energy Assistance Charge per month on each
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account for residential electrical service; | ||
(2) Base Energy Assistance Charge per month on each
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account for residential gas service; | ||
(3) Ten times the Base Energy Assistance Charge per
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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
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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
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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
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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
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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;
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(2) $0.48 per month on each account for
residential | ||
gas service;
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(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;
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(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;
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(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
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(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.
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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
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;
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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) Within 30 days after the effective date of this | ||
amendatory Act of the 96th General Assembly, each public
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utility engaged in the delivery of electricity or the
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distribution of natural gas shall file with the Illinois
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Commerce Commission tariffs incorporating the Energy
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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.
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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; 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
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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
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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
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Energy Assistance Charge.
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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
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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 . ; 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.
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(h) 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
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may establish such rules as it deems necessary to implement
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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
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 | ||
provided by this Section.
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This Section is repealed on January 1, 2025
unless
renewed | ||
by action of the General Assembly.
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(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.)
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(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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