State of Illinois
92nd General Assembly
Legislation

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92_SB0580

 
                                               LRB9207658DJpc

 1        AN ACT in relation to assistance for low-income persons.

 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 6 as follows:

 6        (305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
 7        Sec.  6.   Eligibility,  Conditions of Participation, and
 8    Energy Assistance.
 9        (a)  Any person  who  is  a  resident  of  the  State  of
10    Illinois  and whose household income is not greater than 176%
11    of  the  poverty  guidelines  for  nonfarm  families  updated
12    annually in the Federal Register by the  U.S.  Department  of
13    Health  and  Human  Services  under  authority  of  42 U.S.C.
14    9902(2) an amount determined annually by the  Department,  in
15    consultation  with the Policy Advisory Council, may apply for
16    assistance  pursuant  to  this   Act   in   accordance   with
17    regulations  promulgated  by  the  Department. In setting the
18    annual eligibility level, the Department shall  consider  the
19    amount  of  available  funding and may not set a limit higher
20    than 150% of the federal nonfarm poverty level as established
21    by the federal Office of Management and Budget.
22        (b)  Applicants who qualify for  assistance  pursuant  to
23    subsection   (a)   of   this   Section   shall,   subject  to
24    appropriation  from  the  General  Assembly  and  subject  to
25    availability of  funds  to  the  Department,  receive  energy
26    assistance  as  provided  by  this Act.  The Department, upon
27    receipt of monies authorized pursuant to this Act for  energy
28    assistance,  shall  commit funds for each qualified applicant
29    in an amount determined by the  Department.   In  determining
30    the amounts of assistance to be provided to or on behalf of a
31    qualified  applicant,  the  Department  shall ensure that the
 
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 1    highest amounts of  assistance  go  to  households  with  the
 2    greatest  energy  costs in relation to household income.  The
 3    Department  shall  include  factors  such  as  energy  costs,
 4    household size, household income, and  region  of  the  State
 5    when  determining  individual household benefits.  In setting
 6    assistance levels, the Department shall  attempt  to  provide
 7    assistance to approximately the same number of households who
 8    participated   in  the  1991  Residential  Energy  Assistance
 9    Partnership  Program.   Such  assistance  levels   shall   be
10    adjusted  annually  on the basis of funding availability.  In
11    promulgating rules for the administration of this Section the
12    Department shall assure  that  a  minimum  of  1/3  of  funds
13    available  for  benefits  to  eligible  households  are  made
14    available   to   households   who  are  eligible  for  public
15    assistance and  that  elderly  and  disabled  households  are
16    offered a one-month application period.
17        (c)  If  the  applicant  is  not  a customer of an energy
18    provider for winter energy services or an applicant for  such
19    service,   such  applicant  shall  receive  a  direct  energy
20    assistance payment in an amount established by the Department
21    for all such applicants under this  Act;  provided,  however,
22    that  such an applicant must have rental expenses for housing
23    greater than 30% of household income.
24        (d)  If  the  applicant  is  a  customer  of  an   energy
25    provider,  such  applicant shall receive energy assistance in
26    an  amount  established  by  the  Department  for  all   such
27    applicants  under  this  Act,  such  amount to be paid by the
28    Department to the energy  provider  supplying  winter  energy
29    service to such applicant.  Such applicant shall:
30             (i)  make  all  reasonable  efforts  to apply to any
31        other appropriate source of public energy assistance; and
32             (ii)  sign a waiver  permitting  the  Department  to
33        receive  income  information  from  any public or private
34        agency providing income or energy assistance and from any
 
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 1        employer, whether public or private.
 2        (e)  Any qualified applicant pursuant to this Section may
 3    receive or have paid on such applicant's behalf an  emergency
 4    assistance  payment to enable such applicant to obtain access
 5    to winter energy services.  Any such payments shall  be  made
 6    in accordance with regulations of the Department.
 7    (Source: P.A. 91-936, eff. 1-10-01.)

 8        Section  99.  Effective date.  This Act takes effect upon
 9    becoming law.

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