Rep. Brian W. Stewart

Filed: 3/9/2017

 

 


 

 


 
10000HB3097ham001LRB100 09522 HLH 23220 a

1
AMENDMENT TO HOUSE BILL 3097

2    AMENDMENT NO. ______. Amend House Bill 3097 on page 1, by
3replacing lines 4 through 6 with the following:
 
4    "Section 5. The Renewable Energy, Energy Efficiency, and
5Coal Resources Development Law of 1997 is amended by changing
6Section 6-5 and by adding Section 6-8 as follows:
 
7    (20 ILCS 687/6-5)
8    (Section scheduled to be repealed on December 31, 2020)
9    Sec. 6-5. Renewable Energy Resources and Coal Technology
10Development Assistance Charge.
11    (a) Notwithstanding the provisions of Section 16-111 of the
12Public Utilities Act but subject to subsection (e) of this
13Section, each public utility, electric cooperative, as defined
14in Section 3.4 of the Electric Supplier Act, and municipal
15utility, as referenced in Section 3-105 of the Public Utilities
16Act, that is engaged in the delivery of electricity or the

 

 

10000HB3097ham001- 2 -LRB100 09522 HLH 23220 a

1distribution of natural gas within the State of Illinois shall,
2effective January 1, 1998, assess each of its customer accounts
3a monthly Renewable Energy Resources and Coal Technology
4Development Assistance Charge. The delivering public utility,
5municipal electric or gas utility, or electric or gas
6cooperative for a self-assessing purchaser remains subject to
7the collection of the fee imposed by this Section. The monthly
8charge shall be as follows:
9        (1) $0.05 per month on each account for residential
10    electric service as defined in Section 13 of the Energy
11    Assistance Act;
12        (2) $0.05 per month on each account for residential gas
13    service as defined in Section 13 of the Energy Assistance
14    Act;
15        (3) $0.50 per month on each account for nonresidential
16    electric service, as defined in Section 13 of the Energy
17    Assistance Act, which had less than 10 megawatts of peak
18    demand during the previous calendar year;
19        (4) $0.50 per month on each account for nonresidential
20    gas service, as defined in Section 13 of the Energy
21    Assistance Act, which had distributed to it less than
22    4,000,000 therms of gas during the previous calendar year;
23        (5) $37.50 per month on each account for nonresidential
24    electric service, as defined in Section 13 of the Energy
25    Assistance Act, which had 10 megawatts or greater of peak
26    demand during the previous calendar year; and

 

 

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1        (6) $37.50 per month on each account for nonresidential
2    gas service, as defined in Section 13 of the Energy
3    Assistance Act, which had 4,000,000 or more therms of gas
4    distributed to it during the previous calendar year.
5    (b) The Renewable Energy Resources and Coal Technology
6Development Assistance Charge assessed by electric and gas
7public utilities shall be considered a charge for public
8utility service.
9    (c) Fifty percent of the moneys collected pursuant to this
10Section shall be deposited in the Renewable Energy Resources
11Trust Fund by the Department of Revenue. The remaining 50
12percent of the moneys collected pursuant to this Section shall
13be deposited in the Coal Technology Development Assistance Fund
14by the Department of Revenue for the exclusive purposes of (1)
15capturing or sequestering carbon emissions produced by coal
16combustion; (2) supporting research on the capture and
17sequestration of carbon emissions produced by coal combustion;
18and (3) improving coal miner safety.
19    (d) By the 20th day of the month following the month in
20which the charges imposed by this Section were collected, each
21utility and alternative retail electric supplier collecting
22charges pursuant to this Section shall remit to the Department
23of Revenue for deposit in the Renewable Energy Resources Trust
24Fund and the Coal Technology Development Assistance Fund all
25moneys received as payment of the charge provided for in this
26Section on a return prescribed and furnished by the Department

 

 

10000HB3097ham001- 4 -LRB100 09522 HLH 23220 a

1of Revenue showing such information as the Department of
2Revenue may reasonably require.
3    If any payment provided for in this Section exceeds the
4utility or alternate retail electric supplier's liabilities
5under this Act, as shown on an original return, the utility or
6alternative retail electric supplier may credit the excess
7payment against liability subsequently to be remitted to the
8Department of Revenue under this Act.
9    (e) The charges imposed by this Section shall only apply to
10customers of municipal electric or gas utilities and electric
11or gas cooperatives if the municipal electric or gas utility or
12electric or gas cooperative makes an affirmative decision to
13impose the charge. If a municipal electric or gas utility or an
14electric or gas cooperative makes an affirmative decision to
15impose the charge provided by this Section, the municipal
16electric or gas utility or electric or gas cooperative shall
17inform the Department of Revenue in writing of such decision
18when it begins to impose the charge. If a municipal electric or
19gas utility or electric or gas cooperative does not assess this
20charge, its customers shall not be eligible for the Renewable
21Energy Resources Program.
22    (f) The Department of Revenue may establish such rules as
23it deems necessary to implement this Section.
24(Source: P.A. 95-481, eff. 8-28-07.)"; and
 
25on page 1, line 9, by deleting "3,"; and
 

 

 

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1on page 1, line 10, immediately after "10,", by inserting "11,
211a, 12,"; and
 
3on page 108, by replacing lines 10 and 11 with the following:
 
4    "Section 90. The Energy Assistance Act is amended by
5changing Section 13 and by adding Section 19 as follows:
 
6    (305 ILCS 20/13)
7    (Text of Section before amendment by P.A. 99-906)
8    (Section scheduled to be repealed on January 1, 2025)
9    Sec. 13. Supplemental Low-Income Energy Assistance Fund.
10    (a) The Supplemental Low-Income Energy Assistance Fund is
11hereby created as a special fund in the State Treasury. The
12Supplemental Low-Income Energy Assistance Fund is authorized
13to receive moneys from voluntary donations from individuals,
14foundations, corporations, and other sources, moneys received
15pursuant to Section 17, and, by statutory deposit, the moneys
16collected pursuant to this Section. The Fund is also authorized
17to receive voluntary donations from individuals, foundations,
18corporations, and other sources. Subject to appropriation, the
19Department shall use moneys from the Supplemental Low-Income
20Energy Assistance Fund for payments to electric or gas public
21utilities, municipal electric or gas utilities, and electric
22cooperatives on behalf of their customers who are participants

 

 

10000HB3097ham001- 6 -LRB100 09522 HLH 23220 a

1in the program authorized by Sections 4 and 18 of this Act, for
2the provision of weatherization services and for
3administration of the Supplemental Low-Income Energy
4Assistance Fund. The yearly expenditures for weatherization
5may not exceed 10% of the amount collected during the year
6pursuant to this Section. The yearly administrative expenses of
7the Supplemental Low-Income Energy Assistance Fund may not
8exceed 10% of the amount collected during that year pursuant to
9this Section, except when unspent funds from the Supplemental
10Low-Income Energy Assistance Fund are reallocated from a
11previous year; any unspent balance of the 10% administrative
12allowance may be utilized for administrative expenses in the
13year they are reallocated.
14    (b) Notwithstanding the provisions of Section 16-111 of the
15Public Utilities Act but subject to subsection (k) of this
16Section, each public utility, electric cooperative, as defined
17in Section 3.4 of the Electric Supplier Act, and municipal
18utility, as referenced in Section 3-105 of the Public Utilities
19Act, that is engaged in the delivery of electricity or the
20distribution of natural gas within the State of Illinois shall,
21effective January 1, 1998, assess each of its customer accounts
22a monthly Energy Assistance Charge for the Supplemental
23Low-Income Energy Assistance Fund. The delivering public
24utility, municipal electric or gas utility, or electric or gas
25cooperative for a self-assessing purchaser remains subject to
26the collection of the fee imposed by this Section. The monthly

 

 

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1charge shall be as follows:
2        (1) $0.48 per month on each account for residential
3    electric service;
4        (2) $0.48 per month on each account for residential gas
5    service;
6        (3) $4.80 per month on each account for non-residential
7    electric service which had less than 10 megawatts of peak
8    demand during the previous calendar year;
9        (4) $4.80 per month on each account for non-residential
10    gas service which had distributed to it less than 4,000,000
11    therms of gas during the previous calendar year;
12        (5) $360 per month on each account for non-residential
13    electric service which had 10 megawatts or greater of peak
14    demand during the previous calendar year; and
15        (6) $360 per month on each account for non-residential
16    gas service which had 4,000,000 or more therms of gas
17    distributed to it during the previous calendar year.
18    The incremental change to such charges imposed by this
19amendatory Act of the 96th General Assembly shall not (i) be
20used for any purpose other than to directly assist customers
21and (ii) be applicable to utilities serving less than 100,000
22customers in Illinois on January 1, 2009.
23    In addition, electric and gas utilities have committed, and
24shall contribute, a one-time payment of $22 million to the
25Fund, within 10 days after the effective date of the tariffs
26established pursuant to Sections 16-111.8 and 19-145 of the

 

 

10000HB3097ham001- 8 -LRB100 09522 HLH 23220 a

1Public Utilities Act to be used for the Department's cost of
2implementing the programs described in Section 18 of this
3amendatory Act of the 96th General Assembly, the Arrearage
4Reduction Program described in Section 18, and the programs
5described in Section 8-105 of the Public Utilities Act. If a
6utility elects not to file a rider within 90 days after the
7effective date of this amendatory Act of the 96th General
8Assembly, then the contribution from such utility shall be made
9no later than February 1, 2010.
10    (c) For purposes of this Section:
11        (1) "residential electric service" means electric
12    utility service for household purposes delivered to a
13    dwelling of 2 or fewer units which is billed under a
14    residential rate, or electric utility service for
15    household purposes delivered to a dwelling unit or units
16    which is billed under a residential rate and is registered
17    by a separate meter for each dwelling unit;
18        (2) "residential gas service" means gas utility
19    service for household purposes distributed to a dwelling of
20    2 or fewer units which is billed under a residential rate,
21    or gas utility service for household purposes distributed
22    to a dwelling unit or units which is billed under a
23    residential rate and is registered by a separate meter for
24    each dwelling unit;
25        (3) "non-residential electric service" means electric
26    utility service which is not residential electric service;

 

 

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1    and
2        (4) "non-residential gas service" means gas utility
3    service which is not residential gas service.
4    (d) Within 30 days after the effective date of this
5amendatory Act of the 96th General Assembly, each public
6utility engaged in the delivery of electricity or the
7distribution of natural gas shall file with the Illinois
8Commerce Commission tariffs incorporating the Energy
9Assistance Charge in other charges stated in such tariffs,
10which shall become effective no later than the beginning of the
11first billing cycle following such filing.
12    (e) The Energy Assistance Charge assessed by electric and
13gas public utilities shall be considered a charge for public
14utility service.
15    (f) By the 20th day of the month following the month in
16which the charges imposed by the Section were collected, each
17public utility, municipal utility, and electric cooperative
18shall remit to the Department of Revenue all moneys received as
19payment of the Energy Assistance Charge on a return prescribed
20and furnished by the Department of Revenue showing such
21information as the Department of Revenue may reasonably
22require; provided, however, that a utility offering an
23Arrearage Reduction Program pursuant to Section 18 of this Act
24shall be entitled to net those amounts necessary to fund and
25recover the costs of such Program as authorized by that Section
26that is no more than the incremental change in such Energy

 

 

10000HB3097ham001- 10 -LRB100 09522 HLH 23220 a

1Assistance Charge authorized by this amendatory Act of the 96th
2General Assembly. If a customer makes a partial payment, a
3public utility, municipal utility, or electric cooperative may
4elect either: (i) to apply such partial payments first to
5amounts owed to the utility or cooperative for its services and
6then to payment for the Energy Assistance Charge or (ii) to
7apply such partial payments on a pro-rata basis between amounts
8owed to the utility or cooperative for its services and to
9payment for the Energy Assistance Charge.
10    If any payment provided for in this Section exceeds the
11public utility, municipal utility, or electric cooperative's
12liabilities under this Act, as shown on an original return, the
13public utility, municipal utility, or electric cooperative may
14credit the excess payment against liability subsequently to be
15remitted to the Department of Revenue under this Act.
16    (g) The Department of Revenue shall deposit into the
17Supplemental Low-Income Energy Assistance Fund all moneys
18remitted to it in accordance with subsection (f) of this
19Section; provided, however, that the amounts remitted by each
20utility shall be used to provide assistance to that utility's
21customers. The utilities shall coordinate with the Department
22to establish an equitable and practical methodology for
23implementing this subsection (g) beginning with the 2010
24program year.
25    (h) On or before December 31, 2002, the Department shall
26prepare a report for the General Assembly on the expenditure of

 

 

10000HB3097ham001- 11 -LRB100 09522 HLH 23220 a

1funds appropriated from the Low-Income Energy Assistance Block
2Grant Fund for the program authorized under Section 4 of this
3Act.
4    (i) The Department of Revenue may establish such rules as
5it deems necessary to implement this Section.
6    (j) The Department of Commerce and Economic Opportunity may
7establish such rules as it deems necessary to implement this
8Section.
9    (k) The charges imposed by this Section shall only apply to
10customers of municipal electric or gas utilities and electric
11or gas cooperatives if the municipal electric or gas utility or
12electric or gas cooperative makes an affirmative decision to
13impose the charge. If a municipal electric or gas utility or an
14electric cooperative makes an affirmative decision to impose
15the charge provided by this Section, the municipal electric or
16gas utility or electric cooperative shall inform the Department
17of Revenue in writing of such decision when it begins to impose
18the charge. If a municipal electric or gas utility or electric
19or gas cooperative does not assess this charge, the Department
20may not use funds from the Supplemental Low-Income Energy
21Assistance Fund to provide benefits to its customers under the
22program authorized by Section 4 of this Act.
23    In its use of federal funds under this Act, the Department
24may not cause a disproportionate share of those federal funds
25to benefit customers of systems which do not assess the charge
26provided by this Section.

 

 

10000HB3097ham001- 12 -LRB100 09522 HLH 23220 a

1    This Section is repealed effective December 31, 2018 unless
2renewed by action of the General Assembly. The General Assembly
3shall consider the results of the evaluations described in
4Section 8 in its deliberations.
5(Source: P.A. 98-429, eff. 8-16-13; 99-457, eff. 1-1-16;
699-933, eff. 1-27-17.)
 
7    (Text of Section after amendment by P.A. 99-906)
8    (Section scheduled to be repealed on January 1, 2025)
9    Sec. 13. Supplemental Low-Income Energy Assistance Fund.
10    (a) The Supplemental Low-Income Energy Assistance Fund is
11hereby created as a special fund in the State Treasury. The
12Supplemental Low-Income Energy Assistance Fund is authorized
13to receive moneys from voluntary donations from individuals,
14foundations, corporations, and other sources, moneys received
15pursuant to Section 17, and, by statutory deposit, the moneys
16collected pursuant to this Section. The Fund is also authorized
17to receive voluntary donations from individuals, foundations,
18corporations, and other sources. Subject to appropriation, the
19Department shall use moneys from the Supplemental Low-Income
20Energy Assistance Fund for payments to electric or gas public
21utilities, municipal electric or gas utilities, and electric
22cooperatives on behalf of their customers who are participants
23in the program authorized by Sections 4 and 18 of this Act, for
24the provision of weatherization services and for
25administration of the Supplemental Low-Income Energy

 

 

10000HB3097ham001- 13 -LRB100 09522 HLH 23220 a

1Assistance Fund. The yearly expenditures for weatherization
2may not exceed 10% of the amount collected during the year
3pursuant to this Section. The yearly administrative expenses of
4the Supplemental Low-Income Energy Assistance Fund may not
5exceed 10% of the amount collected during that year pursuant to
6this Section, except when unspent funds from the Supplemental
7Low-Income Energy Assistance Fund are reallocated from a
8previous year; any unspent balance of the 10% administrative
9allowance may be utilized for administrative expenses in the
10year they are reallocated.
11    (b) Notwithstanding the provisions of Section 16-111 of the
12Public Utilities Act but subject to subsection (k) of this
13Section, each public utility, electric cooperative, as defined
14in Section 3.4 of the Electric Supplier Act, and municipal
15utility, as referenced in Section 3-105 of the Public Utilities
16Act, that is engaged in the delivery of electricity or the
17distribution of natural gas within the State of Illinois shall,
18effective January 1, 1998, assess each of its customer accounts
19a monthly Energy Assistance Charge for the Supplemental
20Low-Income Energy Assistance Fund. The delivering public
21utility, municipal electric or gas utility, or electric or gas
22cooperative for a self-assessing purchaser remains subject to
23the collection of the fee imposed by this Section. The monthly
24charge shall be as follows:
25        (1) $0.48 per month on each account for residential
26    electric service;

 

 

10000HB3097ham001- 14 -LRB100 09522 HLH 23220 a

1        (2) $0.48 per month on each account for residential gas
2    service;
3        (3) $4.80 per month on each account for non-residential
4    electric service which had less than 10 megawatts of peak
5    demand during the previous calendar year;
6        (4) $4.80 per month on each account for non-residential
7    gas service which had distributed to it less than 4,000,000
8    therms of gas during the previous calendar year;
9        (5) $360 per month on each account for non-residential
10    electric service which had 10 megawatts or greater of peak
11    demand during the previous calendar year; and
12        (6) $360 per month on each account for non-residential
13    gas service which had 4,000,000 or more therms of gas
14    distributed to it during the previous calendar year.
15    The incremental change to such charges imposed by this
16amendatory Act of the 96th General Assembly shall not (i) be
17used for any purpose other than to directly assist customers
18and (ii) be applicable to utilities serving less than 100,000
19customers in Illinois on January 1, 2009.
20    In addition, electric and gas utilities have committed, and
21shall contribute, a one-time payment of $22 million to the
22Fund, within 10 days after the effective date of the tariffs
23established pursuant to Sections 16-111.8 and 19-145 of the
24Public Utilities Act to be used for the Department's cost of
25implementing the programs described in Section 18 of this
26amendatory Act of the 96th General Assembly, the Arrearage

 

 

10000HB3097ham001- 15 -LRB100 09522 HLH 23220 a

1Reduction Program described in Section 18, and the programs
2described in Section 8-105 of the Public Utilities Act. If a
3utility elects not to file a rider within 90 days after the
4effective date of this amendatory Act of the 96th General
5Assembly, then the contribution from such utility shall be made
6no later than February 1, 2010.
7    (c) For purposes of this Section:
8        (1) "residential electric service" means electric
9    utility service for household purposes delivered to a
10    dwelling of 2 or fewer units which is billed under a
11    residential rate, or electric utility service for
12    household purposes delivered to a dwelling unit or units
13    which is billed under a residential rate and is registered
14    by a separate meter for each dwelling unit;
15        (2) "residential gas service" means gas utility
16    service for household purposes distributed to a dwelling of
17    2 or fewer units which is billed under a residential rate,
18    or gas utility service for household purposes distributed
19    to a dwelling unit or units which is billed under a
20    residential rate and is registered by a separate meter for
21    each dwelling unit;
22        (3) "non-residential electric service" means electric
23    utility service which is not residential electric service;
24    and
25        (4) "non-residential gas service" means gas utility
26    service which is not residential gas service.

 

 

10000HB3097ham001- 16 -LRB100 09522 HLH 23220 a

1    (d) Within 30 days after the effective date of this
2amendatory Act of the 96th General Assembly, each public
3utility engaged in the delivery of electricity or the
4distribution of natural gas shall file with the Illinois
5Commerce Commission tariffs incorporating the Energy
6Assistance Charge in other charges stated in such tariffs,
7which shall become effective no later than the beginning of the
8first billing cycle following such filing.
9    (e) The Energy Assistance Charge assessed by electric and
10gas public utilities shall be considered a charge for public
11utility service.
12    (f) By the 20th day of the month following the month in
13which the charges imposed by the Section were collected, each
14public utility, municipal utility, and electric cooperative
15shall remit to the Department of Revenue all moneys received as
16payment of the Energy Assistance Charge on a return prescribed
17and furnished by the Department of Revenue showing such
18information as the Department of Revenue may reasonably
19require; provided, however, that a utility offering an
20Arrearage Reduction Program or Supplemental Arrearage
21Reduction Program pursuant to Section 18 of this Act shall be
22entitled to net those amounts necessary to fund and recover the
23costs of such Programs as authorized by that Section that is no
24more than the incremental change in such Energy Assistance
25Charge authorized by Public Act 96-33. If a customer makes a
26partial payment, a public utility, municipal utility, or

 

 

10000HB3097ham001- 17 -LRB100 09522 HLH 23220 a

1electric cooperative may elect either: (i) to apply such
2partial payments first to amounts owed to the utility or
3cooperative for its services and then to payment for the Energy
4Assistance Charge or (ii) to apply such partial payments on a
5pro-rata basis between amounts owed to the utility or
6cooperative for its services and to payment for the Energy
7Assistance Charge.
8    If any payment provided for in this Section exceeds the
9public utility, municipal utility, or electric cooperative's
10liabilities under this Act, as shown on an original return, the
11public utility, municipal utility, or electric cooperative may
12credit the excess payment against liability subsequently to be
13remitted to the Department of Revenue under this Act.
14    (g) The Department of Revenue shall deposit into the
15Supplemental Low-Income Energy Assistance Fund all moneys
16remitted to it in accordance with subsection (f) of this
17Section; provided, however, that the amounts remitted by each
18utility shall be used to provide assistance to that utility's
19customers. The utilities shall coordinate with the Department
20to establish an equitable and practical methodology for
21implementing this subsection (g) beginning with the 2010
22program year.
23    (h) On or before December 31, 2002, the Department shall
24prepare a report for the General Assembly on the expenditure of
25funds appropriated from the Low-Income Energy Assistance Block
26Grant Fund for the program authorized under Section 4 of this

 

 

10000HB3097ham001- 18 -LRB100 09522 HLH 23220 a

1Act.
2    (i) The Department of Revenue may establish such rules as
3it deems necessary to implement this Section.
4    (j) The Department of Commerce and Economic Opportunity may
5establish such rules as it deems necessary to implement this
6Section.
7    (k) The charges imposed by this Section shall only apply to
8customers of municipal electric or gas utilities and electric
9or gas cooperatives if the municipal electric or gas utility or
10electric or gas cooperative makes an affirmative decision to
11impose the charge. If a municipal electric or gas utility or an
12electric cooperative makes an affirmative decision to impose
13the charge provided by this Section, the municipal electric or
14gas utility or electric cooperative shall inform the Department
15of Revenue in writing of such decision when it begins to impose
16the charge. If a municipal electric or gas utility or electric
17or gas cooperative does not assess this charge, the Department
18may not use funds from the Supplemental Low-Income Energy
19Assistance Fund to provide benefits to its customers under the
20program authorized by Section 4 of this Act.
21    In its use of federal funds under this Act, the Department
22may not cause a disproportionate share of those federal funds
23to benefit customers of systems which do not assess the charge
24provided by this Section.
25    This Section is repealed on January 1, 2025 unless renewed
26by action of the General Assembly.

 

 

10000HB3097ham001- 19 -LRB100 09522 HLH 23220 a

1(Source: P.A. 98-429, eff. 8-16-13; 99-457, eff. 1-1-16;
299-906, eff. 6-1-17; 99-933, eff. 1-27-17; revised 2-15-17.)";
3and
 
4on page 108, line 14, by deleting "3,"; and
 
5on page 108, line 15, immediately after "10,", by inserting
6"11, 11a, 12,"; and
 
7on page 117, by replacing lines 22 and 23 with the following:
 
8    "Section 995. No acceleration or delay. Where this Act
9makes changes in a statute that is represented in this Act by
10text that is not yet or no longer in effect (for example, a
11Section represented by multiple versions), the use of that text
12does not accelerate or delay the taking effect of (i) the
13changes made by this Act or (ii) provisions derived from any
14other Public Act.".