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92_SB2170 LRB9215956DJgc 1 AN ACT in relation to low-income assistance. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Energy Assistance Act of 1989 is amended 5 by changing Section 6 as follows: 6 (305 ILCS 20/6) (from Ch. 111 2/3, par. 1406) 7 Sec. 6. Eligibility, Conditions of Participation, and 8 Energy Assistance. 9 (a) Any person who is a resident of the State of 10 Illinois and whose household income is not greater than an 11 amount determined annually by the Department, in consultation 12 with the Policy Advisory Council, may apply for assistance 13 pursuant to this Act in accordance with regulations 14 promulgated by the Department. In setting the annual 15 eligibility level, the Department shall consider the amount 16 of available funding and may not set a limit higher than 60% 17 of the State median income for a family of 4150% of the18federal nonfarm poverty level as established by the federal19Office of Management and Budget. 20 (b) Applicants who qualify for assistance pursuant to 21 subsection (a) of this Section shall, subject to 22 appropriation from the General Assembly and subject to 23 availability of funds to the Department, receive energy 24 assistance as provided by this Act. The Department, upon 25 receipt of monies authorized pursuant to this Act for energy 26 assistance, shall commit funds for each qualified applicant 27 in an amount determined by the Department. In determining 28 the amounts of assistance to be provided to or on behalf of a 29 qualified applicant, the Department shall ensure that the 30 highest amounts of assistance go to households with the 31 greatest energy costs in relation to household income. The -2- LRB9215956DJgc 1 Department shall include factors such as energy costs, 2 household size, household income, and region of the State 3 when determining individual household benefits. In setting 4 assistance levels, the Department shall attempt to provide 5 assistance to approximately the same number of households who 6 participated in the 1991 Residential Energy Assistance 7 Partnership Program. Such assistance levels shall be 8 adjusted annually on the basis of funding availability. In 9 promulgating rules for the administration of this Section the 10 Department shall assure that a minimum of 1/3 of funds 11 available for benefits to eligible households are made 12 available to households who are eligible for public 13 assistance and that elderly and disabled households are 14 offered a one-month application period. 15 (c) If the applicant is not a customer of an energy 16 provider for winter energy services or an applicant for such 17 service, such applicant shall receive a direct energy 18 assistance payment in an amount established by the Department 19 for all such applicants under this Act; provided, however, 20 that such an applicant must have rental expenses for housing 21 greater than 30% of household income. 22 (d) If the applicant is a customer of an energy 23 provider, such applicant shall receive energy assistance in 24 an amount established by the Department for all such 25 applicants under this Act, such amount to be paid by the 26 Department to the energy provider supplying winter energy 27 service to such applicant. Such applicant shall: 28 (i) make all reasonable efforts to apply to any 29 other appropriate source of public energy assistance; and 30 (ii) sign a waiver permitting the Department to 31 receive income information from any public or private 32 agency providing income or energy assistance and from any 33 employer, whether public or private. 34 (e) Any qualified applicant pursuant to this Section may -3- LRB9215956DJgc 1 receive or have 20id on such applicant's behalf an emergency 2 assistance payment to enable such applicant to obtain access 3 to winter energy services. Any such payments shall be made 4 in accordance with regulations of the Department. 5 (Source: P.A. 91-936, eff. 1-10-01.)