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| Public Act 103-0663 | ||||
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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 Section 6 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;
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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; and
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(iii) for the installation of energy conservation
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measures, health and safety measures, healthy home | ||
measures, home improvement measures to help alleviate | ||
deferrals from weatherization activities, and renewable | ||
energy retrofits. | ||
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; | ||
102-176, eff. 6-1-22; 102-699, eff. 4-19-22.)
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