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Public Act 91-0936
HB0050 Enrolled LRB9100312JSgc
AN ACT to amend the Energy Assistance Act of 1989 by
changing Section 6.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Energy Assistance Act of 1989 is amended
by changing Section 6 as follows:
(305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
Sec. 6. Eligibility, Conditions of Participation, and
Energy Assistance.
(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, 125% of the federal nonfarm
poverty level as established by the federal Office of
Management and Budget may apply for assistance pursuant to
this Act in accordance with regulations promulgated by the
Department. In setting the annual eligibility level, the
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.
(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 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. 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 are made
available to households who are eligible for public
assistance and that elderly and disabled households are
offered a one-month application period.
(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 such an applicant must have rental expenses for housing
greater than 30% of household income.
(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:
(i) make all reasonable efforts to apply to any
other appropriate source of public energy assistance; and
(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.
(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.
(Source: P.A. 87-14; 88-391.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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