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Full Text of HB0594  102nd General Assembly

HB0594sam004 102ND GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 10/28/2021

 

 


 

 


 
10200HB0594sam004LRB102 10655 AMC 30299 a

1
AMENDMENT TO HOUSE BILL 594

2    AMENDMENT NO. ______. Amend House Bill 594, AS AMENDED,
3with reference to page and line numbers of Senate Amendment
4No. 2, on page 2, line 3, by replacing "Sections 4.32 and 4.37"
5with "Section 4.32"; and
 
6on page 3, by deleting lines 3 through 16; and
 
7on page 3, immediately above line 17, by inserting the
8following:
 
9    "Section 18. The State Budget Law of the Civil
10Administrative Code of Illinois is amended by changing Section
1150-5 as follows:
 
12    (15 ILCS 20/50-5)
13    Sec. 50-5. Governor to submit State budget.
14    (a) The Governor shall, as soon as possible and not later

 

 

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1than the second Wednesday in March in 2010 (March 10, 2010),
2the third Wednesday in February in 2011, the fourth Wednesday
3in February in 2012 (February 22, 2012), the first Wednesday
4in March in 2013 (March 6, 2013), the fourth Wednesday in March
5in 2014 (March 26, 2014), the first Wednesday in February in
62022 (February 2, 2022), and the third Wednesday in February
7of each year thereafter, except as otherwise provided in this
8Section, submit a State budget, embracing therein the amounts
9recommended by the Governor to be appropriated to the
10respective departments, offices, and institutions, and for all
11other public purposes, the estimated revenues from taxation,
12and the estimated revenues from sources other than taxation.
13Except with respect to the capital development provisions of
14the State budget, beginning with the revenue estimates
15prepared for fiscal year 2012, revenue estimates shall be
16based solely on: (i) revenue sources (including non-income
17resources), rates, and levels that exist as of the date of the
18submission of the State budget for the fiscal year and (ii)
19revenue sources (including non-income resources), rates, and
20levels that have been passed by the General Assembly as of the
21date of the submission of the State budget for the fiscal year
22and that are authorized to take effect in that fiscal year.
23Except with respect to the capital development provisions of
24the State budget, the Governor shall determine available
25revenue, deduct the cost of essential government services,
26including, but not limited to, pension payments and debt

 

 

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1service, and assign a percentage of the remaining revenue to
2each statewide prioritized goal, as established in Section
350-25 of this Law, taking into consideration the proposed
4goals set forth in the report of the Commission established
5under that Section. The Governor shall also demonstrate how
6spending priorities for the fiscal year fulfill those
7statewide goals. The amounts recommended by the Governor for
8appropriation to the respective departments, offices and
9institutions shall be formulated according to each
10department's, office's, and institution's ability to
11effectively deliver services that meet the established
12statewide goals. The amounts relating to particular functions
13and activities shall be further formulated in accordance with
14the object classification specified in Section 13 of the State
15Finance Act. In addition, the amounts recommended by the
16Governor for appropriation shall take into account each State
17agency's effectiveness in achieving its prioritized goals for
18the previous fiscal year, as set forth in Section 50-25 of this
19Law, giving priority to agencies and programs that have
20demonstrated a focus on the prevention of waste and the
21maximum yield from resources.
22    Beginning in fiscal year 2011, the Governor shall
23distribute written quarterly financial reports on operating
24funds, which may include general, State, or federal funds and
25may include funds related to agencies that have significant
26impacts on State operations, and budget statements on all

 

 

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1appropriated funds to the General Assembly and the State
2Comptroller. The reports shall be submitted no later than 45
3days after the last day of each quarter of the fiscal year and
4shall be posted on the Governor's Office of Management and
5Budget's website on the same day. The reports shall be
6prepared and presented for each State agency and on a
7statewide level in an executive summary format that may
8include, for the fiscal year to date, individual itemizations
9for each significant revenue type as well as itemizations of
10expenditures and obligations, by agency, with an appropriate
11level of detail. The reports shall include a calculation of
12the actual total budget surplus or deficit for the fiscal year
13to date. The Governor shall also present periodic budget
14addresses throughout the fiscal year at the invitation of the
15General Assembly.
16    The Governor shall not propose expenditures and the
17General Assembly shall not enact appropriations that exceed
18the resources estimated to be available, as provided in this
19Section. Appropriations may be adjusted during the fiscal year
20by means of one or more supplemental appropriation bills if
21any State agency either fails to meet or exceeds the goals set
22forth in Section 50-25 of this Law.
23    For the purposes of Article VIII, Section 2 of the 1970
24Illinois Constitution, the State budget for the following
25funds shall be prepared on the basis of revenue and
26expenditure measurement concepts that are in concert with

 

 

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1generally accepted accounting principles for governments:
2        (1) General Revenue Fund.
3        (2) Common School Fund.
4        (3) Educational Assistance Fund.
5        (4) Road Fund.
6        (5) Motor Fuel Tax Fund.
7        (6) Agricultural Premium Fund.
8    These funds shall be known as the "budgeted funds". The
9revenue estimates used in the State budget for the budgeted
10funds shall include the estimated beginning fund balance, plus
11revenues estimated to be received during the budgeted year,
12plus the estimated receipts due the State as of June 30 of the
13budgeted year that are expected to be collected during the
14lapse period following the budgeted year, minus the receipts
15collected during the first 2 months of the budgeted year that
16became due to the State in the year before the budgeted year.
17Revenues shall also include estimated federal reimbursements
18associated with the recognition of Section 25 of the State
19Finance Act liabilities. For any budgeted fund for which
20current year revenues are anticipated to exceed expenditures,
21the surplus shall be considered to be a resource available for
22expenditure in the budgeted fiscal year.
23    Expenditure estimates for the budgeted funds included in
24the State budget shall include the costs to be incurred by the
25State for the budgeted year, to be paid in the next fiscal
26year, excluding costs paid in the budgeted year which were

 

 

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1carried over from the prior year, where the payment is
2authorized by Section 25 of the State Finance Act. For any
3budgeted fund for which expenditures are expected to exceed
4revenues in the current fiscal year, the deficit shall be
5considered as a use of funds in the budgeted fiscal year.
6    Revenues and expenditures shall also include transfers
7between funds that are based on revenues received or costs
8incurred during the budget year.
9    Appropriations for expenditures shall also include all
10anticipated statutory continuing appropriation obligations
11that are expected to be incurred during the budgeted fiscal
12year.
13    By March 15 of each year, the Commission on Government
14Forecasting and Accountability shall prepare revenue and fund
15transfer estimates in accordance with the requirements of this
16Section and report those estimates to the General Assembly and
17the Governor.
18    For all funds other than the budgeted funds, the proposed
19expenditures shall not exceed funds estimated to be available
20for the fiscal year as shown in the budget. Appropriation for a
21fiscal year shall not exceed funds estimated by the General
22Assembly to be available during that year.
23    (b) By February 24, 2010, the Governor must file a written
24report with the Secretary of the Senate and the Clerk of the
25House of Representatives containing the following:
26        (1) for fiscal year 2010, the revenues for all

 

 

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1    budgeted funds, both actual to date and estimated for the
2    full fiscal year;
3        (2) for fiscal year 2010, the expenditures for all
4    budgeted funds, both actual to date and estimated for the
5    full fiscal year;
6        (3) for fiscal year 2011, the estimated revenues for
7    all budgeted funds, including without limitation the
8    affordable General Revenue Fund appropriations, for the
9    full fiscal year; and
10        (4) for fiscal year 2011, an estimate of the
11    anticipated liabilities for all budgeted funds, including
12    without limitation the affordable General Revenue Fund
13    appropriations, debt service on bonds issued, and the
14    State's contributions to the pension systems, for the full
15    fiscal year.
16    Between July 1 and August 31 of each fiscal year, the
17members of the General Assembly and members of the public may
18make written budget recommendations to the Governor.
19    Beginning with budgets prepared for fiscal year 2013, the
20budgets submitted by the Governor and appropriations made by
21the General Assembly for all executive branch State agencies
22must adhere to a method of budgeting where each priority must
23be justified each year according to merit rather than
24according to the amount appropriated for the preceding year.
25(Source: P.A. 97-669, eff. 1-13-12; 97-813, eff. 7-13-12;
2698-2, eff. 2-19-13; 98-626, eff. 2-5-14.)"; and
 

 

 

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1on page 65, immediately below line 12, by inserting the
2following:
 
3    "Section 66. If and only if House Bill 3666 of the 102nd
4General Assembly becomes law (as amended by Senate Amendment
5No. 6), the Energy Assistance Act is amended by changing
6Section 13 as follows:
 
7    (305 ILCS 20/13)
8    (Text of Section from P.A. 102-16)
9    (Section scheduled to be repealed on January 1, 2025)
10    Sec. 13. Supplemental Low-Income Energy Assistance Fund.
11    (a) The Supplemental Low-Income Energy Assistance Fund is
12hereby created as a special fund in the State Treasury.
13Notwithstanding any other law to the contrary, the
14Supplemental Low-Income Energy Assistance Fund is not subject
15to sweeps, administrative charge-backs, or any other fiscal or
16budgetary maneuver that would in any way transfer any amounts
17from the Supplemental Low-Income Energy Assistance Fund into
18any other fund of the State. The Supplemental Low-Income
19Energy Assistance Fund is authorized to receive moneys from
20voluntary donations from individuals, foundations,
21corporations, and other sources, moneys received pursuant to
22Section 17, and, by statutory deposit, the moneys collected
23pursuant to this Section. The Fund is also authorized to

 

 

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1receive voluntary donations from individuals, foundations,
2corporations, and other sources. Subject to appropriation, the
3Department shall use moneys from the Supplemental Low-Income
4Energy Assistance Fund for payments to electric or gas public
5utilities, municipal electric or gas utilities, and electric
6cooperatives on behalf of their customers who are participants
7in the program authorized by Sections 4 and 18 of this Act, for
8the provision of weatherization services and for
9administration of the Supplemental Low-Income Energy
10Assistance Fund. All other deposits outside of the Energy
11Assistance Charge as set forth in subsection (b) are not
12subject to the percentage restrictions related to
13administrative and weatherization expenses provided in this
14subsection. The yearly expenditures for weatherization may not
15exceed 10% of the amount collected during the year pursuant to
16this Section, except when unspent funds from the Supplemental
17Low-Income Energy Assistance Fund are reallocated from a
18previous year; any unspent balance of the 10% weatherization
19allowance may be utilized for weatherization expenses in the
20year they are reallocated. The yearly administrative expenses
21of the Supplemental Low-Income Energy Assistance Fund may not
22exceed 13% of the amount collected during that year pursuant
23to this Section, except when unspent funds from the
24Supplemental Low-Income Energy Assistance Fund are reallocated
25from a previous year; any unspent balance of the 13%
26administrative allowance may be utilized for administrative

 

 

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1expenses in the year they are reallocated. Of the 13%
2administrative allowance, no less than 8% shall be provided to
3Local Administrative Agencies for administrative expenses.
4    (b) Notwithstanding the provisions of Section 16-111 of
5the Public Utilities Act but subject to subsection (k) of this
6Section, each public utility, electric cooperative, as defined
7in Section 3.4 of the Electric Supplier Act, and municipal
8utility, as referenced in Section 3-105 of the Public
9Utilities Act, that is engaged in the delivery of electricity
10or the distribution of natural gas within the State of
11Illinois shall, effective January 1, 2021 2022, assess each of
12its customer accounts a monthly Energy Assistance Charge for
13the Supplemental Low-Income Energy Assistance Fund. The
14delivering public utility, municipal electric or gas utility,
15or electric or gas cooperative for a self-assessing purchaser
16remains subject to the collection of the fee imposed by this
17Section. The monthly charge shall be as follows:
18        (1) Base Energy Assistance Charge per month on each
19    account for residential electrical service;
20        (2) Base Energy Assistance Charge per month on each
21    account for residential gas service;
22        (3) Ten times the Base Energy Assistance Charge per
23    month on each account for non-residential electric service
24    which had less than 10 megawatts of peak demand during the
25    previous calendar year;
26        (4) Ten times the Base Energy Assistance Charge per

 

 

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1    month on each account for non-residential gas service
2    which had distributed to it less than 4,000,000 therms of
3    gas during the previous calendar year;
4        (5) Three hundred and seventy-five times the Base
5    Energy Assistance Charge per month on each account for
6    non-residential electric service which had 10 megawatts or
7    greater of peak demand during the previous calendar year;
8    and
9        (6) Three hundred and seventy-five times the Base
10    Energy Assistance Charge per month on each account For
11    non-residential gas service which had 4,000,000 or more
12    therms of gas distributed to it during the previous
13    calendar year.
14    The Base Energy Assistance Charge shall be $0.48 per month
15for the calendar year beginning January 1, 2022 and shall
16increase by $0.16 per month for any calendar year, provided no
17less than 80% of the previous State fiscal year's available
18Supplemental Low-Income Energy Assistance Fund funding was
19exhausted. The maximum Base Energy Assistance Charge shall not
20exceed $0.96 per month for any calendar year.
21    The incremental change to such charges imposed by Public
22Act 99-933 and this amendatory Act of the 102nd General
23Assembly shall not (i) be used for any purpose other than to
24directly assist customers and (ii) be applicable to utilities
25serving less than 100,000 customers in Illinois on January 1,
262021. The incremental change to such charges imposed by this

 

 

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1amendatory Act of the 102nd General Assembly are intended to
2increase utilization of the Percentage of Income Payment Plan
3(PIPP or PIP Plan) and shall be applied such that PIP Plan
4enrollment is at least doubled, as compared to 2020
5enrollment, by 2024.
6    In addition, electric and gas utilities have committed,
7and shall contribute, a one-time payment of $22 million to the
8Fund, within 10 days after the effective date of the tariffs
9established pursuant to Sections 16-111.8 and 19-145 of the
10Public Utilities Act to be used for the Department's cost of
11implementing the programs described in Section 18 of this
12amendatory Act of the 96th General Assembly, the Arrearage
13Reduction Program described in Section 18, and the programs
14described in Section 8-105 of the Public Utilities Act. If a
15utility elects not to file a rider within 90 days after the
16effective date of this amendatory Act of the 96th General
17Assembly, then the contribution from such utility shall be
18made no later than February 1, 2010.
19    (c) For purposes of this Section:
20        (1) "residential electric service" means electric
21    utility service for household purposes delivered to a
22    dwelling of 2 or fewer units which is billed under a
23    residential rate, or electric utility service for
24    household purposes delivered to a dwelling unit or units
25    which is billed under a residential rate and is registered
26    by a separate meter for each dwelling unit;

 

 

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1        (2) "residential gas service" means gas utility
2    service for household purposes distributed to a dwelling
3    of 2 or fewer units which is billed under a residential
4    rate, or gas utility service for household purposes
5    distributed to a dwelling unit or units which is billed
6    under a residential rate and is registered by a separate
7    meter for each dwelling unit;
8        (3) "non-residential electric service" means electric
9    utility service which is not residential electric service;
10    and
11        (4) "non-residential gas service" means gas utility
12    service which is not residential gas service.
13    (d) Within 30 days after the effective date of this
14amendatory Act of the 96th General Assembly, each public
15utility engaged in the delivery of electricity or the
16distribution of natural gas shall file with the Illinois
17Commerce Commission tariffs incorporating the Energy
18Assistance Charge in other charges stated in such tariffs,
19which shall become effective no later than the beginning of
20the first billing cycle following such filing.
21    (e) The Energy Assistance Charge assessed by electric and
22gas public utilities shall be considered a charge for public
23utility service.
24    (f) By the 20th day of the month following the month in
25which the charges imposed by the Section were collected, each
26public utility, municipal utility, and electric cooperative

 

 

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1shall remit to the Department of Revenue all moneys received
2as payment of the Energy Assistance Charge on a return
3prescribed and furnished by the Department of Revenue showing
4such information as the Department of Revenue may reasonably
5require; provided, however, that a utility offering an
6Arrearage Reduction Program or Supplemental Arrearage
7Reduction Program pursuant to Section 18 of this Act shall be
8entitled to net those amounts necessary to fund and recover
9the costs of such Programs as authorized by that Section that
10is no more than the incremental change in such Energy
11Assistance Charge authorized by Public Act 96-33. If a
12customer makes a partial payment, a public utility, municipal
13utility, or electric cooperative may elect either: (i) to
14apply such partial payments first to amounts owed to the
15utility or cooperative for its services and then to payment
16for the Energy Assistance Charge or (ii) to apply such partial
17payments on a pro-rata basis between amounts owed to the
18utility or cooperative for its services and to payment for the
19Energy Assistance Charge.
20    If any payment provided for in this Section exceeds the
21distributor's liabilities under this Act, as shown on an
22original return, the Department may authorize the distributor
23to credit such excess payment against liability subsequently
24to be remitted to the Department under this Act, in accordance
25with reasonable rules adopted by the Department. If the
26Department subsequently determines that all or any part of the

 

 

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1credit taken was not actually due to the distributor, the
2distributor's discount shall be reduced by an amount equal to
3the difference between the discount as applied to the credit
4taken and that actually due, and that distributor shall be
5liable for penalties and interest on such difference.
6    (g) The Department of Revenue shall deposit into the
7Supplemental Low-Income Energy Assistance Fund all moneys
8remitted to it in accordance with subsection (f) of this
9Section. The utilities shall coordinate with the Department to
10establish an equitable and practical methodology for
11implementing this subsection (g) beginning with the 2010
12program year.
13    (h) On or before December 31, 2002, the Department shall
14prepare a report for the General Assembly on the expenditure
15of funds appropriated from the Low-Income Energy Assistance
16Block Grant Fund for the program authorized under Section 4 of
17this Act.
18    (i) The Department of Revenue may establish such rules as
19it deems necessary to implement this Section.
20    (j) The Department of Commerce and Economic Opportunity
21may establish such rules as it deems necessary to implement
22this Section.
23    (k) The charges imposed by this Section shall only apply
24to customers of municipal electric or gas utilities and
25electric or gas cooperatives if the municipal electric or gas
26utility or electric or gas cooperative makes an affirmative

 

 

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1decision to impose the charge. If a municipal electric or gas
2utility or an electric cooperative makes an affirmative
3decision to impose the charge provided by this Section, the
4municipal electric or gas utility or electric cooperative
5shall inform the Department of Revenue in writing of such
6decision when it begins to impose the charge. If a municipal
7electric or gas utility or electric or gas cooperative does
8not assess this charge, the Department may not use funds from
9the Supplemental Low-Income Energy Assistance Fund to provide
10benefits to its customers under the program authorized by
11Section 4 of this Act.
12    In its use of federal funds under this Act, the Department
13may not cause a disproportionate share of those federal funds
14to benefit customers of systems which do not assess the charge
15provided by this Section.
16    This Section is repealed on January 1, 2025 unless renewed
17by action of the General Assembly.
18(Source: P.A. 102-16, eff. 6-17-21; 10200HB3666sam006.)
 
19    (Text of Section from P.A. 102-176)
20    (Section scheduled to be repealed on January 1, 2025)
21    Sec. 13. Supplemental Low-Income Energy Assistance Fund.
22    (a) The Supplemental Low-Income Energy Assistance Fund is
23hereby created as a special fund in the State Treasury. The
24Supplemental Low-Income Energy Assistance Fund is authorized
25to receive moneys from voluntary donations from individuals,

 

 

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1foundations, corporations, and other sources, moneys received
2pursuant to Section 17, and, by statutory deposit, the moneys
3collected pursuant to this Section. The Fund is also
4authorized to receive voluntary donations from individuals,
5foundations, corporations, and other sources. Subject to
6appropriation, the Department shall use moneys from the
7Supplemental Low-Income Energy Assistance Fund for payments to
8electric or gas public utilities, municipal electric or gas
9utilities, and electric cooperatives on behalf of their
10customers who are participants in the program authorized by
11Sections 4 and 18 of this Act, for the provision of
12weatherization services and for administration of the
13Supplemental Low-Income Energy Assistance Fund. All other
14deposits outside of the Energy Assistance Charge as set forth
15in subsection (b) are not subject to the percentage
16restrictions related to administrative and weatherization
17expenses provided in this subsection. The yearly expenditures
18for weatherization may not exceed 10% of the amount collected
19during the year pursuant to this Section, except when unspent
20funds from the Supplemental Low-Income Energy Assistance Fund
21are reallocated from a previous year; any unspent balance of
22the 10% weatherization allowance may be utilized for
23weatherization expenses in the year they are reallocated. The
24yearly administrative expenses of the Supplemental Low-Income
25Energy Assistance Fund may not exceed 13% of the amount
26collected during that year pursuant to this Section, except

 

 

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1when unspent funds from the Supplemental Low-Income Energy
2Assistance Fund are reallocated from a previous year; any
3unspent balance of the 13% administrative allowance may be
4utilized for administrative expenses in the year they are
5reallocated. Of the 13% administrative allowance, no less than
68% shall be provided to Local Administrative Agencies for
7administrative expenses.
8    (b) Notwithstanding the provisions of Section 16-111 of
9the Public Utilities Act but subject to subsection (k) of this
10Section, each public utility, electric cooperative, as defined
11in Section 3.4 of the Electric Supplier Act, and municipal
12utility, as referenced in Section 3-105 of the Public
13Utilities Act, that is engaged in the delivery of electricity
14or the distribution of natural gas within the State of
15Illinois shall, effective January 1, 2021 2022, assess each of
16its customer accounts a monthly Energy Assistance Charge for
17the Supplemental Low-Income Energy Assistance Fund. The
18delivering public utility, municipal electric or gas utility,
19or electric or gas cooperative for a self-assessing purchaser
20remains subject to the collection of the fee imposed by this
21Section. The monthly charge shall be as follows:
22        (1) Base Energy Assistance Charge per month on each
23    account for residential electrical service;
24        (2) Base Energy Assistance Charge per month on each
25    account for residential gas service;
26        (3) Ten times the Base Energy Assistance Charge per

 

 

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1    month on each account for non-residential electric service
2    which had less than 10 megawatts of peak demand during the
3    previous calendar year;
4        (4) Ten times the Base Energy Assistance Charge per
5    month on each account for non-residential gas service
6    which had distributed to it less than 4,000,000 therms of
7    gas during the previous calendar year;
8        (5) Three hundred and seventy-five times the Base
9    Energy Assistance Charge per month on each account for
10    non-residential electric service which had 10 megawatts or
11    greater of peak demand during the previous calendar year;
12    and
13        (6) Three hundred and seventy-five times the Base
14    Energy Assistance Charge per month on each account for
15    non-residential gas service which had 4,000,000 or more
16    therms of gas distributed to it during the previous
17    calendar year.
18    The Base Energy Assistance Charge shall be $0.48 per month
19for the calendar year beginning January 1, 2022 and shall
20increase by $0.16 per month for any calendar year, provided no
21less than 80% of the previous State fiscal year's available
22Supplemental Low-Income Energy Assistance Fund funding was
23exhausted. The maximum Base Energy Assistance Charge shall not
24exceed $0.96 per month for any calendar year.
25    The incremental change to such charges imposed by Public
26Act 99-933 and this amendatory Act of the 102nd General

 

 

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1Assembly shall not (i) be used for any purpose other than to
2directly assist customers and (ii) be applicable to utilities
3serving less than 100,000 customers in Illinois on January 1,
42021. The incremental change to such charges imposed by this
5amendatory Act of the 102nd General Assembly are intended to
6increase utilization of the Percentage of Income Payment Plan
7(PIPP or PIP Plan) and shall be applied such that PIP Plan
8enrollment is at least doubled, as compared to 2020
9enrollment, by 2024.
10    In addition, electric and gas utilities have committed,
11and shall contribute, a one-time payment of $22 million to the
12Fund, within 10 days after the effective date of the tariffs
13established pursuant to Sections 16-111.8 and 19-145 of the
14Public Utilities Act to be used for the Department's cost of
15implementing the programs described in Section 18 of this
16amendatory Act of the 96th General Assembly, the Arrearage
17Reduction Program described in Section 18, and the programs
18described in Section 8-105 of the Public Utilities Act. If a
19utility elects not to file a rider within 90 days after the
20effective date of this amendatory Act of the 96th General
21Assembly, then the contribution from such utility shall be
22made no later than February 1, 2010.
23    (c) For purposes of this Section:
24        (1) "residential electric service" means electric
25    utility service for household purposes delivered to a
26    dwelling of 2 or fewer units which is billed under a

 

 

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1    residential rate, or electric utility service for
2    household purposes delivered to a dwelling unit or units
3    which is billed under a residential rate and is registered
4    by a separate meter for each dwelling unit;
5        (2) "residential gas service" means gas utility
6    service for household purposes distributed to a dwelling
7    of 2 or fewer units which is billed under a residential
8    rate, or gas utility service for household purposes
9    distributed to a dwelling unit or units which is billed
10    under a residential rate and is registered by a separate
11    meter for each dwelling unit;
12        (3) "non-residential electric service" means electric
13    utility service which is not residential electric service;
14    and
15        (4) "non-residential gas service" means gas utility
16    service which is not residential gas service.
17    (d) Within 30 days after the effective date of this
18amendatory Act of the 96th General Assembly, each public
19utility engaged in the delivery of electricity or the
20distribution of natural gas shall file with the Illinois
21Commerce Commission tariffs incorporating the Energy
22Assistance Charge in other charges stated in such tariffs,
23which shall become effective no later than the beginning of
24the first billing cycle following such filing.
25    (e) The Energy Assistance Charge assessed by electric and
26gas public utilities shall be considered a charge for public

 

 

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1utility service.
2    (f) By the 20th day of the month following the month in
3which the charges imposed by the Section were collected, each
4public utility, municipal utility, and electric cooperative
5shall remit to the Department of Revenue all moneys received
6as payment of the Energy Assistance Charge on a return
7prescribed and furnished by the Department of Revenue showing
8such information as the Department of Revenue may reasonably
9require; provided, however, that a utility offering an
10Arrearage Reduction Program or Supplemental Arrearage
11Reduction Program pursuant to Section 18 of this Act shall be
12entitled to net those amounts necessary to fund and recover
13the costs of such Programs as authorized by that Section that
14is no more than the incremental change in such Energy
15Assistance Charge authorized by Public Act 96-33. If a
16customer makes a partial payment, a public utility, municipal
17utility, or electric cooperative may elect either: (i) to
18apply such partial payments first to amounts owed to the
19utility or cooperative for its services and then to payment
20for the Energy Assistance Charge or (ii) to apply such partial
21payments on a pro-rata basis between amounts owed to the
22utility or cooperative for its services and to payment for the
23Energy Assistance Charge.
24    If any payment provided for in this Section exceeds the
25distributor's liabilities under this Act, as shown on an
26original return, the Department may authorize the distributor

 

 

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1to credit such excess payment against liability subsequently
2to be remitted to the Department under this Act, in accordance
3with reasonable rules adopted by the Department. If the
4Department subsequently determines that all or any part of the
5credit taken was not actually due to the distributor, the
6distributor's discount shall be reduced by an amount equal to
7the difference between the discount as applied to the credit
8taken and that actually due, and that distributor shall be
9liable for penalties and interest on such difference.
10    (g) The Department of Revenue shall deposit into the
11Supplemental Low-Income Energy Assistance Fund all moneys
12remitted to it in accordance with subsection (f) of this
13Section. The utilities shall coordinate with the Department to
14establish an equitable and practical methodology for
15implementing this subsection (g) beginning with the 2010
16program year.
17    (h) On or before December 31, 2002, the Department shall
18prepare a report for the General Assembly on the expenditure
19of funds appropriated from the Low-Income Energy Assistance
20Block Grant Fund for the program authorized under Section 4 of
21this Act.
22    (i) The Department of Revenue may establish such rules as
23it deems necessary to implement this Section.
24    (j) The Department of Commerce and Economic Opportunity
25may establish such rules as it deems necessary to implement
26this Section.

 

 

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1    (k) The charges imposed by this Section shall only apply
2to customers of municipal electric or gas utilities and
3electric or gas cooperatives if the municipal electric or gas
4utility or electric or gas cooperative makes an affirmative
5decision to impose the charge. If a municipal electric or gas
6utility or an electric cooperative makes an affirmative
7decision to impose the charge provided by this Section, the
8municipal electric or gas utility or electric cooperative
9shall inform the Department of Revenue in writing of such
10decision when it begins to impose the charge. If a municipal
11electric or gas utility or electric or gas cooperative does
12not assess this charge, the Department may not use funds from
13the Supplemental Low-Income Energy Assistance Fund to provide
14benefits to its customers under the program authorized by
15Section 4 of this Act.
16    In its use of federal funds under this Act, the Department
17may not cause a disproportionate share of those federal funds
18to benefit customers of systems which do not assess the charge
19provided by this Section.
20    This Section is repealed on January 1, 2025 unless renewed
21by action of the General Assembly.
22(Source: P.A. 102-176, eff. 6-1-22.; 10200HB3666sam006.)"; and
 
23on page 96, line 5, by replacing "law" with "law, except that
24Section 66 takes effect upon becoming law or on the date House
25Bill 3666 of the 102nd General Assembly takes effect,

 

 

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1whichever is later".