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92_SB2240 LRB9216129EGfg 1 AN ACT in relation to energy 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 13 as follows: 6 (305 ILCS 20/13) 7 Sec. 13. Supplemental Low-Income Energy Assistance Fund. 8 (a) The Supplemental Low-Income Energy Assistance Fund 9 is hereby created as a special fund in the State Treasury. 10 The Supplemental Low-Income Energy Assistance Fund is 11 authorized to receive, by statutory deposit, the moneys 12 collected pursuant to this Section. Subject to 13 appropriation, the Department shall use moneys from the 14 Supplemental Low-Income Energy Assistance Fund for payments 15 to electric or gas public utilities, municipal electric or 16 gas utilities, and electric cooperatives on behalf of their 17 customers who are participants in the program authorized by 18 Section 4 of this Act, for the provision of weatherization 19 services and for administration of the Supplemental 20 Low-Income Energy Assistance Fund. The yearly expenditures 21 for weatherization may not exceed 10% of the amount collected 22 during the year pursuant to this Section. In determining 23 which customers will participate in the weatherization 24 component, the Department shall target weatherization for 25 those customers with the greatest energy burden, that is the 26 lowest income and greatest utility bills. The yearly 27 administrative expenses of the Supplemental Low-Income Energy 28 Assistance Fund may not exceed 10% of the amount collected 29 during that year pursuant to this Section. 30 (b) Notwithstanding the provisions of Section 16-111 of 31 the Public Utilities Act but subject to subsection (k) of -2- LRB9216129EGfg 1 this Section, each public utility, electric cooperative, as 2 defined in Section 3.4 of the Electric Supplier Act, and 3 municipal utility, as referenced in Section 3-105 of the 4 Public Utilities Act, that is engaged in the delivery of 5 electricity or the distribution of natural gas within the 6 State of Illinois shall, effective January 1, 1998, assess 7 each of its customer accounts a monthly Energy Assistance 8 Charge for the Supplemental Low-Income Energy Assistance 9 Fund. The delivering public utility, municipal electric or 10 gas utility, or electric or gas cooperative for a 11 self-assessing purchaser remains subject to the collection of 12 the fee imposed by this Section. The monthly charge shall be 13 as follows: 14 (1) $0.40 per month on each account for residential 15 electric service; 16 (2) $0.40 per month on each account for residential 17 gas service; 18 (3) $4 per month on each account for 19 non-residential electric service which had less than 10 20 megawatts of peak demand during the previous calendar 21 year; 22 (4) $4 per month on each account for 23 non-residential gas service which had distributed to it 24 less than 4,000,000 therms of gas during the previous 25 calendar year; 26 (5) $300 per month on each account for 27 non-residential electric service which had 10 megawatts 28 or greater of peak demand during the previous calendar 29 year; and 30 (6) $300 per month on each account for 31 non-residential gas service which had 4,000,000 or more 32 therms of gas distributed to it during the previous 33 calendar year. 34 (c) For purposes of this Section: -3- LRB9216129EGfg 1 (1) "residential electric service" means electric 2 utility service for household purposes delivered to a 3 dwelling of 2 or fewer units which is billed under a 4 residential rate, or electric utility service for 5 household purposes delivered to a dwelling unit or units 6 which is billed under a residential rate and is 7 registered by a separate meter for each dwelling unit; 8 (2) "residential gas service" means gas utility 9 service for household purposes distributed to a dwelling 10 of 2 or fewer units which is billed under a residential 11 rate, or gas utility service for household purposes 12 distributed to a dwelling unit or units which is billed 13 under a residential rate and is registered by a separate 14 meter for each dwelling unit; 15 (3) "non-residential electric service" means 16 electric utility service which is not residential 17 electric service; and 18 (4) "non-residential gas service" means gas utility 19 service which is not residential gas service. 20 (d) At least 45 days prior to the date on which it must 21 begin assessing Energy Assistance Charges, each public 22 utility engaged in the delivery of electricity or the 23 distribution of natural gas shall file with the Illinois 24 Commerce Commission tariffs incorporating the Energy 25 Assistance Charge in other charges stated in such tariffs. 26 (e) The Energy Assistance Charge assessed by electric 27 and gas public utilities shall be considered a charge for 28 public utility service. 29 (f) By the 20th day of the month following the month in 30 which the charges imposed by the Section were collected, each 31 public utility, municipal utility, and electric cooperative 32 shall remit to the Department of Revenue all moneys received 33 as payment of the Energy Assistance Charge on a return 34 prescribed and furnished by the Department of Revenue showing -4- LRB9216129EGfg 1 such information as the Department of Revenue may reasonably 2 require. If a customer makes a partial payment, a public 3 utility, municipal utility, or electric cooperative may elect 4 either: (i) to apply such partial payments first to amounts 5 owed to the utility or cooperative for its services and then 6 to payment for the Energy Assistance Charge or (ii) to apply 7 such partial payments on a pro-rata basis between amounts 8 owed to the utility or cooperative for its services and to 9 payment for the Energy Assistance Charge. 10 (g) The Department of Revenue shall deposit into the 11 Supplemental Low-Income Energy Assistance Fund all moneys 12 remitted to it in accordance with subsection (f) of this 13 Section. 14 (g-1) As soon as may be practical after the effective 15 date of this amendatory Act of the 92nd General Assembly, the 16 State Comptroller and State Treasurer shall transfer the sum 17 of $10,300,000 from the General Revenue Fund to the 18 Supplemental Low-Income Energy Assistance Fund. 19 (h) If as of June 30, 2002 the program authorized by 20 Section 4 of this Act has not been replaced by a new energy 21 assistance program which is in operation, then the General 22 Assembly shall review the program; provided however, that 23 after that date, any public utility, municipal utility, or 24 electric cooperative shall continue to assess an Energy 25 Assistance Charge which was originally assessed on or before 26 June 30, 2002 and which remains unpaid. 27 On or before December 31, 2002, the Department shall 28 prepare a report for the General Assembly on the expenditure 29 of funds appropriated from the Low-Income Energy Assistance 30 Block Grant Fund for the program authorized under Section 4 31 of this Act. 32 (i) The Department of Revenue may establish such rules 33 as it deems necessary to implement this Section. 34 (j) The Department of Commerce and Community Affairs may -5- LRB9216129EGfg 1 establish such rules as it deems necessary to implement this 2 Section. 3 (k) The charges imposed by this Section shall only apply 4 to customers of municipal electric or gas utilities and 5 electric or gas cooperatives if the municipal electric or gas 6 utility or electric or gas cooperative makes an affirmative 7 decision to impose the charge. If a municipal electric or 8 gas utility or an electric cooperative makes an affirmative 9 decision to impose the charge provided by this Section, the 10 municipal electric or gas utility or electric cooperative 11 shall inform the Department of Revenue in writing of such 12 decision when it begins to impose the charge. If a municipal 13 electric or gas utility or electric or gas cooperative does 14 not assess this charge, the Department may not use funds from 15 the Supplemental Low-Income Energy Assistance Fund to provide 16 benefits to its customers under the program authorized by 17 Section 4 of this Act. 18 (Source: P.A. 90-561, eff. 12-16-97; 90-624, eff. 7-10-98.) 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.
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