Bill Text: IL HB4390 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Public Utilities Act. Provides that the energy transition assistance charge shall not exceed 1.3% of the amount paid per kilowatthour by eligible retail customers during the year ending May 31, 2009.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Engrossed) 2022-05-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB4390 Detail]

Download: Illinois-2021-HB4390-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4390

Introduced , by Rep. Marcus C. Evans, Jr.

SYNOPSIS AS INTRODUCED:
220 ILCS 5/16-108.30

Amends the Public Utilities Act. Provides that the energy transition assistance charge shall not exceed 1.3% of the amount paid per kilowatthour by eligible retail customers during the year ending May 31, 2009.
LRB102 23430 SPS 32599 b

A BILL FOR

HB4390LRB102 23430 SPS 32599 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Public Utilities Act is amended by changing
5Section 16-108.30 as follows:
6 (220 ILCS 5/16-108.30)
7 Sec. 16-108.30. Energy Transition Assistance Fund.
8 (a) The Energy Transition Assistance Fund is hereby
9created as a special fund in the State Treasury. The Energy
10Transition Assistance Fund is authorized to receive moneys
11collected pursuant to this Section. Subject to appropriation,
12the Department of Commerce and Economic Opportunity shall use
13moneys from the Energy Transition Assistance Fund consistent
14with the purposes of this Act.
15 (b) An electric utility serving more than 500,000
16customers in the State shall assess an energy transition
17assistance charge on all its retail customers for the Energy
18Transition Assistance Fund. The utility's total charge shall
19be set based upon the value determined by the Department of
20Commerce and Economic Opportunity pursuant to subsection (d)
21or (e), as applicable, of Section 605-1075 of the Department
22of Commerce and Economic Opportunity Law of the Civil
23Administrative Code of Illinois. For each utility, the charge

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1shall be recovered through a single, uniform cents per
2kilowatt-hour charge applicable to all retail customers. For
3each utility, the charge shall not exceed 1.3% of the amount
4paid per kilowatthour by eligible retail those customers
5during the year ending May 31, 2009.
6 (c) Within 75 days of the effective date of this
7amendatory Act of the 102nd General Assembly, each electric
8utility serving more than 500,000 customers in the State shall
9file with the Illinois Commerce Commission tariffs
10incorporating the energy transition assistance charge in other
11charges stated in such tariffs, which energy transition
12assistance charges shall become effective no later than the
13beginning of the first billing cycle that begins on or after
14January 1, 2022. Each electric utility serving more than
15500,000 customers in the State shall, prior to the beginning
16of each calendar year starting with calendar year 2023, file
17with the Illinois Commerce Commission tariff revisions to
18incorporate annual revisions to the energy transition
19assistance charge as prescribed by the Department of Commerce
20and Economic Opportunity pursuant to Section 605-1075 of the
21Department of Commerce and Economic Opportunity Law of the
22Civil Administrative Code of Illinois so that such revision
23becomes effective no later than the beginning of the first
24billing cycle in each respective year.
25 (d) The energy transition assistance charge shall be
26considered a charge for public utility service.

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1 (e) By the 20th day of the month following the month in
2which the charges imposed by this Section were collected, each
3electric utility serving more than 500,000 customers in the
4State shall remit to Department of Revenue all moneys received
5as payment of the energy transition assistance charge on a
6return prescribed and furnished by the Department of Revenue
7showing such information as the Department of Revenue may
8reasonably require. If a customer makes a partial payment, a
9public utility may apply such partial payments first to
10amounts owed to the utility. No customer may be subjected to
11disconnection of his or her utility service for failure to pay
12the energy transition assistance charge.
13 If any payment provided for in this subsection exceeds the
14electric utility's liabilities under this Act, as shown on an
15original return, the Department may authorize the electric
16utility to credit such excess payment against liability
17subsequently to be remitted to the Department under this Act,
18in accordance with reasonable rules adopted by the Department.
19 All the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e,
205f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13
21of the Retailers' Occupation Tax Act that are not inconsistent
22with this Act apply, as far as practicable, to the charge
23imposed by this Act to the same extent as if those provisions
24were included in this Act. References in the incorporated
25Sections of the Retailers' Occupation Tax Act to retailers, to
26sellers, or to persons engaged in the business of selling

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1tangible personal property mean persons required to remit the
2charge imposed under this Act.
3 (f) The Department of Revenue shall deposit into the
4Energy Transition Assistance Fund all moneys remitted to it in
5accordance with this Section.
6 (g) The Department of Revenue may establish such rules as
7it deems necessary to implement this Section.
8 (h) The Department of Commerce and Economic Opportunity
9may establish such rules as it deems necessary to implement
10this Section.
11(Source: P.A. 102-662, eff. 9-15-21.)
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