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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 
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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 
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Energy Assistance. 

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    (a) Any person who is a resident of the State of Illinois 
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and whose
household income is not greater than an amount 
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determined annually by the
Department, in consultation with the 
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Policy Advisory Council, may
apply for assistance pursuant to 
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this Act in accordance with regulations
promulgated by the 
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Department. In setting the annual eligibility level, the

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Department shall consider the amount of available funding and 
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may not set a
limit higher than 150% of the federal nonfarm 
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poverty level as established by
the federal Office of 
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Management and Budget. Notwithstanding any other provision of 
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this Section, in determining the amount of a household's annual 
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income, the Department may consider the household's 
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extraordinary medical expenses, as defined by the Department by 
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rule, including but not limited to expenses related to life 
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support equipment for a household member. 

 


 






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    (b) Applicants who qualify for assistance pursuant to 
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subsection (a) of
this Section shall, subject to appropriation 
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from the General Assembly and
subject to availability of funds 
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to the Department, receive energy
assistance as provided by 
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this Act.  The Department, upon receipt
of monies authorized 
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pursuant to this Act for energy assistance, shall commit
funds 
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for each qualified applicant in an amount determined by the

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Department.  In determining the amounts of assistance to be 
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provided to or
on behalf of a qualified applicant, the 
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Department shall ensure that the
highest amounts of assistance 
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go to households with the greatest energy
costs in relation to 
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household income.  The Department shall include
factors such as 
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energy costs, household size, household income, and region
of 
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the State when determining individual household benefits. The 
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Department may also include factors such as extraordinary 
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medical needs of a household member, as defined by the 
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Department by rule, including but not limited to a need for 
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life support equipment, when determining individual household 
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benefits.  In setting
assistance levels, the Department shall 
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attempt to provide assistance to
approximately the same number 
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of households who participated in the 1991
Residential Energy 
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Assistance Partnership Program.  Such assistance levels
shall 
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be adjusted annually on the basis of funding
availability and 
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energy costs.  In promulgating rules for the
administration of 
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this
Section the Department shall assure that a minimum of 1/3 
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of funds
available for benefits to eligible households with the 
 


 






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lowest incomes and that elderly and
disabled households are 
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offered a priority application
period.

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    (c) If the applicant is not a customer of an energy 
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provider for winter
energy services or an applicant for such 
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service, such applicant shall
receive a direct energy 
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assistance payment in an amount established by the
Department 
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for all such applicants under this Act; provided, however, that

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such an applicant must have rental expenses for housing greater 
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than 30% of
household income.

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    (d) If the applicant is a customer of an energy provider, 
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such
applicant shall receive energy assistance in an amount 
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established by the
Department for all such applicants under 
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this Act, such amount to be paid
by the Department to the 
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energy provider supplying winter energy service to
such 
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applicant.  Such applicant shall:


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        (i) make all reasonable efforts to apply to any other 
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    appropriate
source of public energy assistance; and


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        (ii) sign a waiver permitting the Department to receive 
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    income
information from any public or private agency 
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    providing income or energy
assistance and from any 
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    employer, whether public or private.

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    (e) Any qualified applicant pursuant to this Section may 
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receive or have
paid on such applicant's behalf an emergency 
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assistance payment to enable
such applicant to obtain access to 
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winter energy services.  Any such
payments shall be made in 
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accordance with regulations of the Department.

 


 






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    (f) The Department may, if sufficient funds are available, 
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provide
additional benefits to certain qualified applicants:


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        (i) for the reduction of past due amounts owed to 
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    energy providers;
and


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        (ii) to assist the household in responding to 
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    excessively high summer
temperatures or energy costs. 
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    Households containing elderly members, children,
a person 
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    with a disability, or a person with a medical need for 
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    conditioned air
shall receive priority for receipt of such 
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    benefits.

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(Source: P.A. 91-936, eff. 1-10-01; 92-690, eff. 7-18-02.)

 

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    Section 99. Effective date. This Act takes effect September 
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1, 2009.