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91st General Assembly

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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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