Full Text of HB1744 94th General Assembly
HB1744sam001 94TH GENERAL ASSEMBLY
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Sen. Kwame Raoul
Filed: 3/8/2006
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09400HB1744sam001 |
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LRB094 03239 DRJ 57030 a |
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| AMENDMENT TO HOUSE BILL 1744
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| AMENDMENT NO. ______. Amend House Bill 1744 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Energy Assistance Act is amended by | 5 |
| changing Section 13 and by adding Section 15 as follows:
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| (305 ILCS 20/13)
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| Sec. 13. Supplemental Low-Income Energy Assistance Fund.
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| (a) The Supplemental Low-Income Energy Assistance
Fund is | 9 |
| hereby created as a special fund in the State
Treasury. The | 10 |
| Supplemental Low-Income Energy Assistance Fund
is authorized | 11 |
| to receive moneys from voluntary donations from individuals, | 12 |
| foundations, corporations, and other sources, moneys received | 13 |
| pursuant to Section 15, and , by statutory deposit, the moneys
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| collected pursuant to this Section. Subject to appropriation,
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| the Department shall use
moneys from the Supplemental | 16 |
| Low-Income Energy Assistance Fund
for payments to electric or | 17 |
| gas public utilities,
municipal electric or gas utilities, and | 18 |
| electric cooperatives
on behalf of their customers who are | 19 |
| participants in the
program authorized by Section 4 of this | 20 |
| Act, for the provision of
weatherization services and for
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| administration of the Supplemental Low-Income Energy
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| Assistance Fund. The yearly expenditures for weatherization | 23 |
| may not exceed 10%
of the amount collected during the year | 24 |
| pursuant to this Section. The yearly administrative expenses of |
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LRB094 03239 DRJ 57030 a |
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| the
Supplemental Low-Income Energy Assistance Fund may not | 2 |
| exceed
10% of the amount collected during that year
pursuant to | 3 |
| this Section.
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| (b) Notwithstanding the provisions of Section 16-111
of the | 5 |
| Public Utilities Act but subject to subsection (k) of this | 6 |
| Section,
each public utility, electric
cooperative, as defined | 7 |
| in Section 3.4 of the Electric Supplier Act,
and municipal | 8 |
| utility, as referenced in Section 3-105 of the Public Utilities
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| Act, that is engaged in the delivery of electricity or the
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| distribution of natural gas within the State of Illinois
shall, | 11 |
| effective January 1, 1998,
assess each of
its customer accounts | 12 |
| a monthly Energy Assistance Charge for
the Supplemental | 13 |
| Low-Income Energy Assistance Fund.
The delivering public | 14 |
| utility, municipal electric or gas utility, or electric
or gas
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| cooperative for a self-assessing purchaser remains subject to | 16 |
| the collection of
the
fee imposed by this Section.
The
monthly | 17 |
| charge shall be as follows:
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| (1) $0.40 per month on each account for
residential | 19 |
| electric service;
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| (2) $0.40 per month on each account for
residential gas | 21 |
| service;
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| (3) $4 per month on each account for non-residential | 23 |
| electric service
which had less than 10 megawatts
of peak | 24 |
| demand during the previous calendar year;
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| (4) $4 per month on each account for non-residential | 26 |
| gas service which
had distributed to it less than
4,000,000 | 27 |
| therms of gas during the previous calendar year;
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| (5) $300 per month on each account for non-residential | 29 |
| electric service
which had 10 megawatts or greater
of peak | 30 |
| demand during the previous calendar year; and
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| (6) $300 per month on each account for non-residential | 32 |
| gas service
which had 4,000,000 or more therms of
gas | 33 |
| distributed to it during the previous calendar year.
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| (c) For purposes of this Section:
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LRB094 03239 DRJ 57030 a |
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| (1) "residential electric service" means
electric | 2 |
| utility service for household purposes delivered to a
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| dwelling of 2 or fewer units which is billed under a
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| 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 registered | 7 |
| by a separate meter
for each dwelling unit;
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| (2) "residential gas service" means gas utility
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| service for household purposes distributed to a dwelling of
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| 2 or fewer units which is billed under a residential rate,
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| or gas utility service for household purposes distributed | 12 |
| to a
dwelling unit or units which is billed under a | 13 |
| residential
rate and is registered by a separate meter for | 14 |
| each dwelling
unit;
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| (3) "non-residential electric service" means
electric | 16 |
| utility service which is not residential electric
service; | 17 |
| and
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| (4) "non-residential gas service" means gas
utility | 19 |
| service which is not residential gas service.
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| (d) At least 45 days prior to the date on which it
must | 21 |
| begin assessing Energy Assistance Charges, each public
utility | 22 |
| engaged in the delivery of electricity or the
distribution of | 23 |
| natural gas shall file with the Illinois
Commerce Commission | 24 |
| tariffs incorporating the Energy
Assistance Charge in other | 25 |
| charges stated in such tariffs.
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| (e) The Energy Assistance Charge assessed by
electric and | 27 |
| gas public utilities shall be considered a charge
for public | 28 |
| utility service.
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| (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 as | 33 |
| payment of the
Energy Assistance Charge on a return prescribed | 34 |
| and furnished by the
Department of Revenue showing such |
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LRB094 03239 DRJ 57030 a |
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| information as the Department of Revenue may
reasonably | 2 |
| require. If a customer makes a partial payment, a public
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| 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 to | 6 |
| payment
for the Energy Assistance Charge or (ii) to apply such | 7 |
| partial payments
on a pro-rata basis between amounts owed to | 8 |
| the
utility or cooperative for its services and to payment for | 9 |
| the
Energy Assistance Charge.
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| (g) The Department of Revenue shall deposit into the
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| Supplemental Low-Income Energy Assistance Fund all moneys
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| remitted to it in accordance with subsection (f) of this
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| Section.
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| (h) (Blank).
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| On or before December 31, 2002, the Department shall
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| prepare a report for the General Assembly on the expenditure of | 17 |
| funds
appropriated from the Low-Income Energy Assistance Block | 18 |
| Grant Fund for the
program authorized under Section 4 of this | 19 |
| Act.
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| (i) The Department of Revenue may establish such
rules as | 21 |
| it deems necessary to implement this Section.
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| (j) The Department of Commerce and Economic Opportunity
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| Community Affairs
may establish such rules as it deems | 24 |
| necessary to implement
this Section.
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| (k) The charges imposed by this Section shall only apply to | 26 |
| customers of
municipal electric or gas utilities and electric | 27 |
| or gas cooperatives if
the municipal
electric or gas
utility or | 28 |
| electric or gas cooperative makes an affirmative decision to
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| impose the
charge. If a municipal electric or gas utility or an | 30 |
| electric
cooperative makes an affirmative decision to impose | 31 |
| the charge provided by
this
Section, the municipal electric or | 32 |
| gas utility or electric cooperative shall
inform the
Department | 33 |
| of Revenue in writing of such decision when it begins to impose | 34 |
| the
charge. If a municipal electric or gas utility or electric |
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| or gas
cooperative does not
assess
this charge, the Department | 2 |
| may not use funds from the Supplemental Low-Income
Energy | 3 |
| Assistance Fund to provide benefits to its customers under the | 4 |
| program
authorized by Section 4 of this Act.
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| In its use of federal funds under this Act, the Department | 6 |
| may not cause a
disproportionate share of those federal funds | 7 |
| to benefit customers of systems
which do not assess the charge | 8 |
| provided by this Section.
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| This Section is repealed effective December 31, 2007 unless
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| renewed by action of the General Assembly. The General Assembly | 11 |
| shall
consider the results of the evaluations described in | 12 |
| Section 8 in its
deliberations.
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| (Source: P.A. 92-690, eff. 7-18-02; revised 12-6-03.)
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| (305 ILCS 20/15 new) | 15 |
| Sec. 15. Transfer into Supplemental Low-Income
Energy | 16 |
| Assistance Fund. Immediately upon the effective date of this | 17 |
| amendatory Act of the 94th General Assembly, but no later than | 18 |
| 5 business days after that effective date, the Treasurer of the | 19 |
| State of Illinois shall transfer into the Supplemental | 20 |
| Low-Income
Energy Assistance Fund $5,201,055, which is | 21 |
| equivalent to 50% of the average amount of Gas Revenue Tax paid | 22 |
| per residential gas utility customer in State fiscal year 2005 | 23 |
| multiplied by the number of residential gas utility customers | 24 |
| that received assistance from the Low Income Home Energy | 25 |
| Assistance Program during the State fiscal year 2005 winter | 26 |
| heating season.
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| Section 99. Effective date. This Act takes effect upon | 28 |
| becoming law.".
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