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| Public Act 096-0154 |
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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 | ||
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 | ||
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 | ||
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 | ||
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 | ||
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) | ||
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 | ||
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 | ||
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 | ||
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 | ||
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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