2005 Illinois Code - Chapter 305 Public Aid 305 ILCS 20/ Energy Assistance Act.
(305 ILCS 20/1)(from Ch. 111 2/3, par. 1401) Sec. 1. Short Title. This Act shall be known and may be cited as the Energy Assistance Act. (Source: P.A. 92‑690, eff. 7‑18‑02.)
(305 ILCS 20/2)(from Ch. 111 2/3, par. 1402) Sec. 2. Findings and Intent. (a) The General Assembly finds that: (1) the health, welfare, and prosperity of the
people of the State of Illinois require that all citizens receive essential levels of heat and electric service regardless of economic circumstance;
(2) public utilities and other entities providing
such services are entitled to receive proper payment for services actually rendered;
(3) declining Federal low income energy assistance
funding necessitates a State response to ensure the continuity and the further development of energy assistance and related policies and programs within Illinois; and
(4) energy assistance policies and programs in
effect in Illinois have benefited all Illinois citizens, and should therefore be continued with the modifications provided herein.
(b) Consistent with its findings, the General Assembly declares that it
is the policy of the State that: (1) a comprehensive low income energy assistance
policy and program should be established which incorporates income assistance, home weatherization, and other measures to ensure that citizens have access to affordable energy services;
(2) the ability of public utilities and other
entities to receive just compensation for providing services should not be jeopardized by this policy;
(3) resources applied in achieving this policy
should be coordinated and efficiently utilized through the integration of public programs and through the targeting of assistance; and
(4) the State should utilize all appropriate and
available means to fund this program and, to the extent possible, should identify and utilize sources of funding which complement State tax revenues.
(Source: P.A. 94‑773, eff. 5‑18‑06.)
(305 ILCS 20/3)(from Ch. 111 2/3, par. 1403) Sec. 3. Definitions. As used in this Act, unless the context
otherwise requires: (a) the terms defined in Sections 3‑101 through 3‑121 of
The Public Utilities Act have the meanings ascribed to them in that
Act; (b) "Department" means the Department of Commerce and Community
Affairs; (c) "energy provider" means any utility, municipal utility,
cooperative utility, or any other corporation or individual which provides
winter energy services; (d) "winter" means the period from November 1 of any year through April
30 of the following year. (Source: P.A. 86‑127; 87‑14.)
(305 ILCS 20/4)(from Ch. 111 2/3, par. 1404) Sec. 4. Energy Assistance Program. (a) The Department of Commerce
and Community Affairs 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
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. (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. (Source: P.A. 92‑690, eff. 7‑18‑02.)
(305 ILCS 20/5)(from Ch. 111 2/3, par. 1405) Sec. 5. Policy Advisory Council. (a) Within the Department of Commerce and Economic Opportunity is created a
Low Income Energy Assistance Policy Advisory Council. (b) The Council shall be chaired by the Director
of Commerce and Economic Opportunity or his or her designee. There shall be 20
members of the Low Income Energy Assistance Policy Advisory Council, including
the chairperson and the following members: (1) one member designated by the Illinois Commerce
Commission;
(2) one member designated by the Illinois Department
of Natural Resources;
(3) one member designated by the Illinois Energy
Association to represent electric public utilities serving in excess of 1 million customers in this State;
(4) one member agreed upon by gas public utilities
that serve more than 500,000 and fewer than 1,500,000 customers in this State;
(5) one member agreed upon by gas public utilities
that serve 1,500,000 or more customers in this State;
(6) one member designated by the Illinois Energy
Association to represent combination gas and electric public utilities;
(7) one member agreed upon by the Illinois Municipal
Electric Agency and the Association of Illinois Electric Cooperatives;
(8) one member agreed upon by the Illinois
Industrial Energy Consumers;
(9) three members designated by the Department to
represent low income energy consumers;
(10) two members designated by the Illinois
Community Action Association to represent local agencies that assist in the administration of this Act;
(11) one member designated by the Citizens Utility
Board to represent residential energy consumers;
(12) one member designated by the Illinois Retail
Merchants Association to represent commercial energy customers;
(13) one member designated by the Department to
represent independent energy providers; and
(14) three members designated by the Mayor of the
City of Chicago.
(c) Designated and appointed members shall serve 2 year terms and
until their successors are appointed and qualified. The designating
organization shall notify the chairperson of any changes or substitutions of a
designee within 10 business days of a change or substitution. Members shall
serve without compensation, but may receive reimbursement for actual costs
incurred in fulfilling their duties as members of the Council. (d) The Council shall have the following duties: (1) to monitor the administration of this Act to
ensure effective, efficient, and coordinated program development and implementation;
(2) to assist the Department in developing and
administering rules and regulations required to be promulgated pursuant to this Act in a manner consistent with the purpose and objectives of this Act;
(3) to facilitate and coordinate the collection and
exchange of all program data and other information needed by the Department and others in fulfilling their duties pursuant to this Act;
(4) to advise the Department on the proper level of
support required for effective administration of the Act;
(5) to provide a written opinion concerning any
regulation proposed pursuant to this Act, and to review and comment on any energy assistance or related plan required to be prepared by the Department;
(6) to advise the Department on the use of funds
collected pursuant to Section 11 of this Act, and on any changes to existing low income energy assistance programs to make effective use of such funds, so long as such uses and changes are consistent with the requirements of the Act.
(Source: P.A. 94‑793, eff. 5‑19‑06.)
(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, 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 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. (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. (f) The Department may, if sufficient funds are available, provide
additional benefits to certain qualified applicants: (i) for the reduction of past due amounts owed to
energy providers; and
(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.
(305 ILCS 20/7)(from Ch. 111 2/3, par. 1407) Sec. 7. State Weatherization Plan and Program. (a) The Department shall, after consultation with the Policy Advisory
Council, prepare and promulgate an annual State Weatherization Plan
beginning in the year this Act becomes effective. To the extent
practicable, such Plan shall provide for targeting use of both State and
federal weatherization funds to the households of eligible applicants
pursuant to this Act whose ratios of energy costs to income are the
highest. The State Weatherization Plan shall include but need not be
limited to the following: (1) a description of the demographic characteristics
and energy use patterns of people eligible for assistance pursuant to this Act;
(2) the methodology used by the Department in
targeting weatherization funds;
(3) a description of anticipated activity and
results for the year covered by the Plan, including an estimate of energy cost savings expected to be realized by the weatherization program; and
(4) every third year, beginning in 2002, an
evaluation of results from the weatherization program in the year preceding the plan year, including the effect of State Weatherization Program investments on energy consumption and cost in the population eligible for assistance pursuant to this Act, and the effect of targeted weatherization investments on the costs of the energy assistance program authorized by this Act.
(b) The Department shall implement the State Weatherization Plan
by rule through a program which provides targeted weatherization assistance to
eligible applicants for energy assistance pursuant to this Act.
The Department may enter into such contracts and other arrangements with
local agencies as may be necessary for the purpose of administering the
weatherization program. (Source: P.A. 92‑690, eff. 7‑18‑02.)
(305 ILCS 20/7.1)(from Ch. 111 2/3, par. 1407.1) Sec. 7.1. (Repealed). (Source: P.A. 87‑475. Repealed by P.A. 92‑690, eff. 7‑18‑02.)
(305 ILCS 20/8)(from Ch. 111 2/3, par. 1408) Sec. 8. Program Reports. (a) The Department of Natural Resources shall prepare and
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
shall cover effects since the issuance of the preceding report. (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.
(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 required by this Section, and shall advise the Policy Advisory Council of such information needs in a timely manner. The Department of Commerce and Community Affairs, 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.
(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. (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: (1) the definition of an eligible low income
residential customer;
(2) access of low income residential customers to
essential energy services;
(3) past due amounts owed to utilities by low income
persons in Illinois;
(4) appropriate measures to encourage energy
conservation, efficiency, and responsibility among low income residential customers;
(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.
(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. (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. (Source: P.A. 92‑690, eff. 7‑18‑02.)
(305 ILCS 20/10)(from Ch. 111 2/3, par. 1410) Sec. 10. Energy Assistance Funds. (a) The AFDC Energy Assistance Fund is hereby created as a special fund
in the State Treasury. The AFDC Energy Assistance Fund is authorized to receive whether by
appropriation, transfer, statutory deposit or fund transfer, all amounts
appropriated from State funds to the Department of Human Services (acting as
successor to the Illinois Department of Public Aid
under the Department of Human Services Act) specifically for energy
assistance payments for persons and families
receiving assistance pursuant to Section 4‑1 of the Illinois Public Aid
Code and subsection (c) of Section 6 of this Act, and any administrative
expense related thereto. (b) Subject to appropriation by the General Assembly, the Department is
authorized to expend monies from the AFDC Energy Assistance Fund for the
following purposes: (1) for energy assistance payments to or on behalf
of individuals or families who receive assistance pursuant to Section 4‑1 of The Illinois Public Aid Code in accordance with the provisions of Section 6 of this Act; and
(2) for the necessary and contingent expenses of the
Department incurred in the administration of that portion of the Act described in paragraph (1) of this subsection.
(c) The AFDC Energy Assistance Fund shall be inoperative after
September 30, 1991. (d) Subject to appropriations made by the General Assembly, the Department
is authorized to expend monies from the Low Income Energy Assistance Block
Grant Fund for the purpose of providing assistance pursuant to Section 6 of
this Act. (Source: P.A. 89‑507, eff. 7‑1‑97.)
(305 ILCS 20/11)(from Ch. 111 2/3, par. 1411) Sec. 11. Payments to Energy Providers. When an energy provider
supplies winter energy to a participant and customer, the provider shall be
compensated by the State of Illinois pursuant to rules promulgated by the
Department. (Source: P.A. 86‑127; 87‑14.)
(305 ILCS 20/13) Sec. 13. Supplemental Low‑Income Energy Assistance Fund. (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, by statutory deposit, the moneys
collected pursuant to this Section. 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
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. (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
Act, that is engaged in the delivery of electricity or the
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
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: (1) $0.40 per month on each account for residential
electric service;
(2) $0.40 per month on each account for residential
gas service;
(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;
(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;
(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
(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.
(c) For purposes of this Section: (1) "residential electric service" means electric
utility service for household purposes delivered to a dwelling of 2 or fewer units which is billed under a 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;
(2) "residential gas service" means gas utility
service for household purposes distributed to a dwelling of 2 or fewer units which is billed under a residential rate, 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;
(3) "non‑residential electric service" means
electric utility service which is not residential electric service; and
(4) "non‑residential gas service" means gas utility
service which is not residential gas service.
(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. (e) The Energy Assistance Charge assessed by
electric and gas public utilities shall be considered a charge
for public utility service. (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
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. (g) The Department of Revenue shall deposit into the
Supplemental Low‑Income Energy Assistance Fund all moneys
remitted to it in accordance with subsection (f) of this
Section. (h) (Blank). On or before December 31, 2002, the Department shall
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. (i) The Department of Revenue may establish such
rules as it deems necessary to implement this Section. (j) The Department of Commerce and Community Affairs
may establish such rules as it deems necessary to implement
this Section. (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
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. 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. This Section is repealed effective December 31, 2007 unless
renewed by action of the General Assembly. The General Assembly shall
consider the results of the evaluations described in Section 8 in its
deliberations. (Source: P.A. 92‑690, eff. 7‑18‑02.)
(305 ILCS 20/14) Sec. 14. (Repealed). (Source: P.A. 90‑624, eff. 7‑10‑98. Repealed by P.A. 92‑690, eff.
7‑18‑02.)
(305 ILCS 20/15) Sec. 15. Income tax checkoff. Each individual income tax payer may contribute to the Supplemental Low‑Income Energy Assistance Fund through the income tax checkoff described in Section 507MM of the Illinois Income Tax Act. (Source: P.A. 94‑773, eff. 5‑18‑06.)
(305 ILCS 20/17) Sec. 17. Transfer into Supplemental Low‑Income
Energy Assistance Fund. Immediately upon the effective date of this amendatory Act of the 94th General Assembly, but no later than 5 business days after that effective date, the State Comptroller shall direct and the Treasurer shall transfer into the Supplemental Low‑Income
Energy Assistance Fund $5,201,055, which is equivalent to 50% of the average amount of Gas Revenue Tax paid per residential gas utility customer in State fiscal year 2005 multiplied by the number of residential gas utility customers that received assistance from the Low Income Home Energy Assistance Program during the State fiscal year 2005 winter heating season. (Source: P.A. 94‑817, eff. 5‑30‑06.)
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