Bill Text: IL HB5350 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Property Tax Code. Provides that the maximum income limitation under the Low-Income Senior Citizens Assessment Freeze Homestead Exemption shall be adjusted each year by the annual cost of living increase, if any, in Social Security and Supplemental Security Income benefits that took effect during the immediately preceding calendar year. Amends the Energy Assistance Act. Provides that eligibility limits under the energy assistance program may not exceed the greater of (1) 150% of the federal nonfarm poverty level as established by the federal Office of Management and Budget or 60% of the State median income for the current State fiscal year as established by the U.S. Department of Health and Human Services, whichever is higher; or (2) the eligibility limit for the immediately preceding calendar year, increased by the annual cost of living increase, if any, in Social Security and Supplemental Security Income benefits that took effect during the immediately preceding calendar year. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-04-11 - Added Co-Sponsor Rep. Yolonda Morris [HB5350 Detail]

Download: Illinois-2023-HB5350-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5350

Introduced , by Rep. Elizabeth "Lisa" Hernandez

SYNOPSIS AS INTRODUCED:
35 ILCS 200/15-172
305 ILCS 20/6 from Ch. 111 2/3, par. 1406

Amends the Property Tax Code. Provides that the maximum income limitation under the Low-Income Senior Citizens Assessment Freeze Homestead Exemption shall be adjusted each year by the annual cost of living increase, if any, in Social Security and Supplemental Security Income benefits that took effect during the immediately preceding calendar year. Amends the Energy Assistance Act. Provides that eligibility limits under the energy assistance program may not exceed the greater of (1) 150% of the federal nonfarm poverty level as established by the federal Office of Management and Budget or 60% of the State median income for the current State fiscal year as established by the U.S. Department of Health and Human Services, whichever is higher; or (2) the eligibility limit for the immediately preceding calendar year, increased by the annual cost of living increase, if any, in Social Security and Supplemental Security Income benefits that took effect during the immediately preceding calendar year. Effective immediately.
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A BILL FOR

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1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Property Tax Code is amended by changing
5Section 15-172 as follows:
6 (35 ILCS 200/15-172)
7 Sec. 15-172. Low-Income Senior Citizens Assessment Freeze
8Homestead Exemption.
9 (a) This Section may be cited as the Low-Income Senior
10Citizens Assessment Freeze Homestead Exemption.
11 (b) As used in this Section:
12 "Applicant" means an individual who has filed an
13application under this Section.
14 "Base amount" means the base year equalized assessed value
15of the residence plus the first year's equalized assessed
16value of any added improvements which increased the assessed
17value of the residence after the base year.
18 "Base year" means the taxable year prior to the taxable
19year for which the applicant first qualifies and applies for
20the exemption provided that in the prior taxable year the
21property was improved with a permanent structure that was
22occupied as a residence by the applicant who was liable for
23paying real property taxes on the property and who was either

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1(i) an owner of record of the property or had legal or
2equitable interest in the property as evidenced by a written
3instrument or (ii) had a legal or equitable interest as a
4lessee in the parcel of property that was single family
5residence. If in any subsequent taxable year for which the
6applicant applies and qualifies for the exemption the
7equalized assessed value of the residence is less than the
8equalized assessed value in the existing base year (provided
9that such equalized assessed value is not based on an assessed
10value that results from a temporary irregularity in the
11property that reduces the assessed value for one or more
12taxable years), then that subsequent taxable year shall become
13the base year until a new base year is established under the
14terms of this paragraph. For taxable year 1999 only, the Chief
15County Assessment Officer shall review (i) all taxable years
16for which the applicant applied and qualified for the
17exemption and (ii) the existing base year. The assessment
18officer shall select as the new base year the year with the
19lowest equalized assessed value. An equalized assessed value
20that is based on an assessed value that results from a
21temporary irregularity in the property that reduces the
22assessed value for one or more taxable years shall not be
23considered the lowest equalized assessed value. The selected
24year shall be the base year for taxable year 1999 and
25thereafter until a new base year is established under the
26terms of this paragraph.

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1 "Chief County Assessment Officer" means the County
2Assessor or Supervisor of Assessments of the county in which
3the property is located.
4 "Equalized assessed value" means the assessed value as
5equalized by the Illinois Department of Revenue.
6 "Household" means the applicant, the spouse of the
7applicant, and all persons using the residence of the
8applicant as their principal place of residence.
9 "Household income" means the combined income of the
10members of a household for the calendar year preceding the
11taxable year.
12 "Income" has the same meaning as provided in Section 3.07
13of the Senior Citizens and Persons with Disabilities Property
14Tax Relief Act, except that, beginning in assessment year
152001, "income" does not include veteran's benefits.
16 "Internal Revenue Code of 1986" means the United States
17Internal Revenue Code of 1986 or any successor law or laws
18relating to federal income taxes in effect for the year
19preceding the taxable year.
20 "Life care facility that qualifies as a cooperative" means
21a facility as defined in Section 2 of the Life Care Facilities
22Act.
23 "Maximum income limitation" means:
24 (1) $35,000 prior to taxable year 1999;
25 (2) $40,000 in taxable years 1999 through 2003;
26 (3) $45,000 in taxable years 2004 through 2005;

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1 (4) $50,000 in taxable years 2006 and 2007;
2 (5) $55,000 in taxable years 2008 through 2016;
3 (6) for taxable year 2017, (i) $65,000 for qualified
4 property located in a county with 3,000,000 or more
5 inhabitants and (ii) $55,000 for qualified property
6 located in a county with fewer than 3,000,000 inhabitants;
7 and
8 (7) for taxable years 2018 through 2024 and
9 thereafter, $65,000 for all qualified property; and .
10 (8) for taxable years 2025 and thereafter, the maximum
11 income limitation for the immediately preceding taxable
12 year, increased by the annual cost of living increase, if
13 any, in Social Security and Supplemental Security Income
14 benefits that took effect during the immediately preceding
15 calendar year. On or before February 1 of the taxable year
16 in which the increase in the maximum income limitation
17 under this item (8) takes place, the Department of Revenue
18 shall calculate the new maximum income limitation and
19 publish that amount on its website.
20 As an alternative income valuation, a homeowner who is
21enrolled in any of the following programs may be presumed to
22have household income that does not exceed the maximum income
23limitation for that tax year as required by this Section: Aid
24to the Aged, Blind or Disabled (AABD) Program or the
25Supplemental Nutrition Assistance Program (SNAP), both of
26which are administered by the Department of Human Services;

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1the Low Income Home Energy Assistance Program (LIHEAP), which
2is administered by the Department of Commerce and Economic
3Opportunity; The Benefit Access program, which is administered
4by the Department on Aging; and the Senior Citizens Real
5Estate Tax Deferral Program.
6 A chief county assessment officer may indicate that he or
7she has verified an applicant's income eligibility for this
8exemption but may not report which program or programs, if
9any, enroll the applicant. Release of personal information
10submitted pursuant to this Section shall be deemed an
11unwarranted invasion of personal privacy under the Freedom of
12Information Act.
13 "Residence" means the principal dwelling place and
14appurtenant structures used for residential purposes in this
15State occupied on January 1 of the taxable year by a household
16and so much of the surrounding land, constituting the parcel
17upon which the dwelling place is situated, as is used for
18residential purposes. If the Chief County Assessment Officer
19has established a specific legal description for a portion of
20property constituting the residence, then that portion of
21property shall be deemed the residence for the purposes of
22this Section.
23 "Taxable year" means the calendar year during which ad
24valorem property taxes payable in the next succeeding year are
25levied.
26 (c) Beginning in taxable year 1994, a low-income senior

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1citizens assessment freeze homestead exemption is granted for
2real property that is improved with a permanent structure that
3is occupied as a residence by an applicant who (i) is 65 years
4of age or older during the taxable year, (ii) has a household
5income that does not exceed the maximum income limitation,
6(iii) is liable for paying real property taxes on the
7property, and (iv) is an owner of record of the property or has
8a legal or equitable interest in the property as evidenced by a
9written instrument. This homestead exemption shall also apply
10to a leasehold interest in a parcel of property improved with a
11permanent structure that is a single family residence that is
12occupied as a residence by a person who (i) is 65 years of age
13or older during the taxable year, (ii) has a household income
14that does not exceed the maximum income limitation, (iii) has
15a legal or equitable ownership interest in the property as
16lessee, and (iv) is liable for the payment of real property
17taxes on that property.
18 In counties of 3,000,000 or more inhabitants, the amount
19of the exemption for all taxable years is the equalized
20assessed value of the residence in the taxable year for which
21application is made minus the base amount. In all other
22counties, the amount of the exemption is as follows: (i)
23through taxable year 2005 and for taxable year 2007 and
24thereafter, the amount of this exemption shall be the
25equalized assessed value of the residence in the taxable year
26for which application is made minus the base amount; and (ii)

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1for taxable year 2006, the amount of the exemption is as
2follows:
3 (1) For an applicant who has a household income of
4 $45,000 or less, the amount of the exemption is the
5 equalized assessed value of the residence in the taxable
6 year for which application is made minus the base amount.
7 (2) For an applicant who has a household income
8 exceeding $45,000 but not exceeding $46,250, the amount of
9 the exemption is (i) the equalized assessed value of the
10 residence in the taxable year for which application is
11 made minus the base amount (ii) multiplied by 0.8.
12 (3) For an applicant who has a household income
13 exceeding $46,250 but not exceeding $47,500, the amount of
14 the exemption is (i) the equalized assessed value of the
15 residence in the taxable year for which application is
16 made minus the base amount (ii) multiplied by 0.6.
17 (4) For an applicant who has a household income
18 exceeding $47,500 but not exceeding $48,750, the amount of
19 the exemption is (i) the equalized assessed value of the
20 residence in the taxable year for which application is
21 made minus the base amount (ii) multiplied by 0.4.
22 (5) For an applicant who has a household income
23 exceeding $48,750 but not exceeding $50,000, the amount of
24 the exemption is (i) the equalized assessed value of the
25 residence in the taxable year for which application is
26 made minus the base amount (ii) multiplied by 0.2.

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1 When the applicant is a surviving spouse of an applicant
2for a prior year for the same residence for which an exemption
3under this Section has been granted, the base year and base
4amount for that residence are the same as for the applicant for
5the prior year.
6 Each year at the time the assessment books are certified
7to the County Clerk, the Board of Review or Board of Appeals
8shall give to the County Clerk a list of the assessed values of
9improvements on each parcel qualifying for this exemption that
10were added after the base year for this parcel and that
11increased the assessed value of the property.
12 In the case of land improved with an apartment building
13owned and operated as a cooperative or a building that is a
14life care facility that qualifies as a cooperative, the
15maximum reduction from the equalized assessed value of the
16property is limited to the sum of the reductions calculated
17for each unit occupied as a residence by a person or persons
18(i) 65 years of age or older, (ii) with a household income that
19does not exceed the maximum income limitation, (iii) who is
20liable, by contract with the owner or owners of record, for
21paying real property taxes on the property, and (iv) who is an
22owner of record of a legal or equitable interest in the
23cooperative apartment building, other than a leasehold
24interest. In the instance of a cooperative where a homestead
25exemption has been granted under this Section, the cooperative
26association or its management firm shall credit the savings

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1resulting from that exemption only to the apportioned tax
2liability of the owner who qualified for the exemption. Any
3person who willfully refuses to credit that savings to an
4owner who qualifies for the exemption is guilty of a Class B
5misdemeanor.
6 When a homestead exemption has been granted under this
7Section and an applicant then becomes a resident of a facility
8licensed under the Assisted Living and Shared Housing Act, the
9Nursing Home Care Act, the Specialized Mental Health
10Rehabilitation Act of 2013, the ID/DD Community Care Act, or
11the MC/DD Act, the exemption shall be granted in subsequent
12years so long as the residence (i) continues to be occupied by
13the qualified applicant's spouse or (ii) if remaining
14unoccupied, is still owned by the qualified applicant for the
15homestead exemption.
16 Beginning January 1, 1997, when an individual dies who
17would have qualified for an exemption under this Section, and
18the surviving spouse does not independently qualify for this
19exemption because of age, the exemption under this Section
20shall be granted to the surviving spouse for the taxable year
21preceding and the taxable year of the death, provided that,
22except for age, the surviving spouse meets all other
23qualifications for the granting of this exemption for those
24years.
25 When married persons maintain separate residences, the
26exemption provided for in this Section may be claimed by only

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1one of such persons and for only one residence.
2 For taxable year 1994 only, in counties having less than
33,000,000 inhabitants, to receive the exemption, a person
4shall submit an application by February 15, 1995 to the Chief
5County Assessment Officer of the county in which the property
6is located. In counties having 3,000,000 or more inhabitants,
7for taxable year 1994 and all subsequent taxable years, to
8receive the exemption, a person may submit an application to
9the Chief County Assessment Officer of the county in which the
10property is located during such period as may be specified by
11the Chief County Assessment Officer. The Chief County
12Assessment Officer in counties of 3,000,000 or more
13inhabitants shall annually give notice of the application
14period by mail or by publication. In counties having less than
153,000,000 inhabitants, beginning with taxable year 1995 and
16thereafter, to receive the exemption, a person shall submit an
17application by July 1 of each taxable year to the Chief County
18Assessment Officer of the county in which the property is
19located. A county may, by ordinance, establish a date for
20submission of applications that is different than July 1. The
21applicant shall submit with the application an affidavit of
22the applicant's total household income, age, marital status
23(and if married the name and address of the applicant's
24spouse, if known), and principal dwelling place of members of
25the household on January 1 of the taxable year. The Department
26shall establish, by rule, a method for verifying the accuracy

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1of affidavits filed by applicants under this Section, and the
2Chief County Assessment Officer may conduct audits of any
3taxpayer claiming an exemption under this Section to verify
4that the taxpayer is eligible to receive the exemption. Each
5application shall contain or be verified by a written
6declaration that it is made under the penalties of perjury. A
7taxpayer's signing a fraudulent application under this Act is
8perjury, as defined in Section 32-2 of the Criminal Code of
92012. The applications shall be clearly marked as applications
10for the Low-Income Senior Citizens Assessment Freeze Homestead
11Exemption and must contain a notice that any taxpayer who
12receives the exemption is subject to an audit by the Chief
13County Assessment Officer.
14 Notwithstanding any other provision to the contrary, in
15counties having fewer than 3,000,000 inhabitants, if an
16applicant fails to file the application required by this
17Section in a timely manner and this failure to file is due to a
18mental or physical condition sufficiently severe so as to
19render the applicant incapable of filing the application in a
20timely manner, the Chief County Assessment Officer may extend
21the filing deadline for a period of 30 days after the applicant
22regains the capability to file the application, but in no case
23may the filing deadline be extended beyond 3 months of the
24original filing deadline. In order to receive the extension
25provided in this paragraph, the applicant shall provide the
26Chief County Assessment Officer with a signed statement from

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1the applicant's physician, advanced practice registered nurse,
2or physician assistant stating the nature and extent of the
3condition, that, in the physician's, advanced practice
4registered nurse's, or physician assistant's opinion, the
5condition was so severe that it rendered the applicant
6incapable of filing the application in a timely manner, and
7the date on which the applicant regained the capability to
8file the application.
9 Beginning January 1, 1998, notwithstanding any other
10provision to the contrary, in counties having fewer than
113,000,000 inhabitants, if an applicant fails to file the
12application required by this Section in a timely manner and
13this failure to file is due to a mental or physical condition
14sufficiently severe so as to render the applicant incapable of
15filing the application in a timely manner, the Chief County
16Assessment Officer may extend the filing deadline for a period
17of 3 months. In order to receive the extension provided in this
18paragraph, the applicant shall provide the Chief County
19Assessment Officer with a signed statement from the
20applicant's physician, advanced practice registered nurse, or
21physician assistant stating the nature and extent of the
22condition, and that, in the physician's, advanced practice
23registered nurse's, or physician assistant's opinion, the
24condition was so severe that it rendered the applicant
25incapable of filing the application in a timely manner.
26 In counties having less than 3,000,000 inhabitants, if an

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1applicant was denied an exemption in taxable year 1994 and the
2denial occurred due to an error on the part of an assessment
3official, or his or her agent or employee, then beginning in
4taxable year 1997 the applicant's base year, for purposes of
5determining the amount of the exemption, shall be 1993 rather
6than 1994. In addition, in taxable year 1997, the applicant's
7exemption shall also include an amount equal to (i) the amount
8of any exemption denied to the applicant in taxable year 1995
9as a result of using 1994, rather than 1993, as the base year,
10(ii) the amount of any exemption denied to the applicant in
11taxable year 1996 as a result of using 1994, rather than 1993,
12as the base year, and (iii) the amount of the exemption
13erroneously denied for taxable year 1994.
14 For purposes of this Section, a person who will be 65 years
15of age during the current taxable year shall be eligible to
16apply for the homestead exemption during that taxable year.
17Application shall be made during the application period in
18effect for the county of his or her residence.
19 The Chief County Assessment Officer may determine the
20eligibility of a life care facility that qualifies as a
21cooperative to receive the benefits provided by this Section
22by use of an affidavit, application, visual inspection,
23questionnaire, or other reasonable method in order to insure
24that the tax savings resulting from the exemption are credited
25by the management firm to the apportioned tax liability of
26each qualifying resident. The Chief County Assessment Officer

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1may request reasonable proof that the management firm has so
2credited that exemption.
3 Except as provided in this Section, all information
4received by the chief county assessment officer or the
5Department from applications filed under this Section, or from
6any investigation conducted under the provisions of this
7Section, shall be confidential, except for official purposes
8or pursuant to official procedures for collection of any State
9or local tax or enforcement of any civil or criminal penalty or
10sanction imposed by this Act or by any statute or ordinance
11imposing a State or local tax. Any person who divulges any such
12information in any manner, except in accordance with a proper
13judicial order, is guilty of a Class A misdemeanor.
14 Nothing contained in this Section shall prevent the
15Director or chief county assessment officer from publishing or
16making available reasonable statistics concerning the
17operation of the exemption contained in this Section in which
18the contents of claims are grouped into aggregates in such a
19way that information contained in any individual claim shall
20not be disclosed.
21 Notwithstanding any other provision of law, for taxable
22year 2017 and thereafter, in counties of 3,000,000 or more
23inhabitants, the amount of the exemption shall be the greater
24of (i) the amount of the exemption otherwise calculated under
25this Section or (ii) $2,000.
26 (c-5) Notwithstanding any other provision of law, each

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1chief county assessment officer may approve this exemption for
2the 2020 taxable year, without application, for any property
3that was approved for this exemption for the 2019 taxable
4year, provided that:
5 (1) the county board has declared a local disaster as
6 provided in the Illinois Emergency Management Agency Act
7 related to the COVID-19 public health emergency;
8 (2) the owner of record of the property as of January
9 1, 2020 is the same as the owner of record of the property
10 as of January 1, 2019;
11 (3) the exemption for the 2019 taxable year has not
12 been determined to be an erroneous exemption as defined by
13 this Code; and
14 (4) the applicant for the 2019 taxable year has not
15 asked for the exemption to be removed for the 2019 or 2020
16 taxable years.
17 Nothing in this subsection shall preclude or impair the
18authority of a chief county assessment officer to conduct
19audits of any taxpayer claiming an exemption under this
20Section to verify that the taxpayer is eligible to receive the
21exemption as provided elsewhere in this Section.
22 (c-10) Notwithstanding any other provision of law, each
23chief county assessment officer may approve this exemption for
24the 2021 taxable year, without application, for any property
25that was approved for this exemption for the 2020 taxable
26year, if:

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1 (1) the county board has declared a local disaster as
2 provided in the Illinois Emergency Management Agency Act
3 related to the COVID-19 public health emergency;
4 (2) the owner of record of the property as of January
5 1, 2021 is the same as the owner of record of the property
6 as of January 1, 2020;
7 (3) the exemption for the 2020 taxable year has not
8 been determined to be an erroneous exemption as defined by
9 this Code; and
10 (4) the taxpayer for the 2020 taxable year has not
11 asked for the exemption to be removed for the 2020 or 2021
12 taxable years.
13 Nothing in this subsection shall preclude or impair the
14authority of a chief county assessment officer to conduct
15audits of any taxpayer claiming an exemption under this
16Section to verify that the taxpayer is eligible to receive the
17exemption as provided elsewhere in this Section.
18 (d) Each Chief County Assessment Officer shall annually
19publish a notice of availability of the exemption provided
20under this Section. The notice shall be published at least 60
21days but no more than 75 days prior to the date on which the
22application must be submitted to the Chief County Assessment
23Officer of the county in which the property is located. The
24notice shall appear in a newspaper of general circulation in
25the county.
26 Notwithstanding Sections 6 and 8 of the State Mandates

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1Act, no reimbursement by the State is required for the
2implementation of any mandate created by this Section.
3(Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21;
4102-895, eff. 5-23-22.)
5 Section 10. The Energy Assistance Act is amended by
6changing Section 6 as follows:
7 (305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
8 Sec. 6. Eligibility, conditions of participation, and
9energy assistance.
10 (a) Any person who is a resident of the State of Illinois
11and whose household income is not greater than an amount
12determined annually by the Department, in consultation with
13the Policy Advisory Council, may apply for assistance pursuant
14to this Act in accordance with regulations promulgated by the
15Department. In setting the annual eligibility level, the
16Department shall consider the amount of available funding. For
17calendar years beginning before January 1, 2025, the
18Department and may not set an eligibility a limit higher than
19150% of the federal nonfarm poverty level as established by
20the federal Office of Management and Budget or 60% of the State
21median income for the current State fiscal year as established
22by the U.S. Department of Health and Human Services; except
23that for the period from the effective date of this amendatory
24Act of the 101st General Assembly through June 30, 2021, the

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1Department may establish limits not higher than 200% of that
2poverty level. For calendar years beginning on or after
3January 1, 2025, the Department may not set eligibility limits
4that are higher than the greater of:
5 (1) 150% of the federal nonfarm poverty level as
6 established by the federal Office of Management and Budget
7 or 60% of the State median income for the current State
8 fiscal year as established by the U.S. Department of
9 Health and Human Services, whichever is higher; or
10 (2) the eligibility limit for the immediately
11 preceding calendar year, increased by the annual cost of
12 living increase, if any, in Social Security and
13 Supplemental Security Income benefits that took effect
14 during the immediately preceding calendar year.
15 The Department, in consultation with the Policy Advisory
16Council, may adjust the percentage of poverty level annually
17in accordance with federal guidelines and based on funding
18availability.
19 (b) Applicants who qualify for assistance pursuant to
20subsection (a) of this Section shall, subject to appropriation
21from the General Assembly and subject to availability of funds
22to the Department, receive energy assistance as provided by
23this Act. The Department, upon receipt of monies authorized
24pursuant to this Act for energy assistance, shall commit funds
25for each qualified applicant in an amount determined by the
26Department. In determining the amounts of assistance to be

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1provided to or on behalf of a qualified applicant, the
2Department shall ensure that the highest amounts of assistance
3go to households with the greatest energy costs in relation to
4household income. The Department shall include factors such as
5energy costs, household size, household income, and region of
6the State when determining individual household benefits. In
7setting assistance levels, the Department shall attempt to
8provide assistance to approximately the same number of
9households who participated in the 1991 Residential Energy
10Assistance Partnership Program. Such assistance levels shall
11be adjusted annually on the basis of funding availability and
12energy costs. In promulgating rules for the administration of
13this Section the Department shall assure that a minimum of 1/3
14of funds available for benefits to eligible households with
15the lowest incomes and that elderly households, households
16with children under the age of 6 years old, and households with
17persons with disabilities are offered a priority application
18period.
19 (c) If the applicant is not a customer of record of an
20energy provider for energy services or an applicant for such
21service, such applicant shall receive a direct energy
22assistance payment in an amount established by the Department
23for all such applicants under this Act; provided, however,
24that such an applicant must have rental expenses for housing
25greater than 30% of household income.
26 (c-1) This subsection shall apply only in cases where: (1)

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1the applicant is not a customer of record of an energy provider
2because energy services are provided by the owner of the unit
3as a portion of the rent; (2) the applicant resides in housing
4subsidized or developed with funds provided under the Rental
5Housing Support Program Act or under a similar locally funded
6rent subsidy program, or is the voucher holder who resides in a
7rental unit within the State of Illinois and whose monthly
8rent is subsidized by the tenant-based Housing Choice Voucher
9Program under Section 8 of the U.S. Housing Act of 1937; and
10(3) the rental expenses for housing are no more than 30% of
11household income. In such cases, the household may apply for
12an energy assistance payment under this Act and the owner of
13the housing unit shall cooperate with the applicant by
14providing documentation of the energy costs for that unit. Any
15compensation paid to the energy provider who supplied energy
16services to the household shall be paid on behalf of the owner
17of the housing unit providing energy services to the
18household. The Department shall report annually to the General
19Assembly on the number of households receiving energy
20assistance under this subsection and the cost of such
21assistance. The provisions of this subsection (c-1), other
22than this sentence, are inoperative after August 31, 2012.
23 (d) If the applicant is a customer of an energy provider,
24such applicant shall receive energy assistance in an amount
25established by the Department for all such applicants under
26this Act, such amount to be paid by the Department to the

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1energy provider supplying winter energy service to such
2applicant. Such applicant shall:
3 (i) make all reasonable efforts to apply to any other
4 appropriate source of public energy assistance; and
5 (ii) sign a waiver permitting the Department to
6 receive income information from any public or private
7 agency providing income or energy assistance and from any
8 employer, whether public or private.
9 (e) Any qualified applicant pursuant to this Section may
10receive or have paid on such applicant's behalf an emergency
11assistance payment to enable such applicant to obtain access
12to winter energy services. Any such payments shall be made in
13accordance with regulations of the Department.
14 (f) The Department may, if sufficient funds are available,
15provide additional benefits to certain qualified applicants:
16 (i) for the reduction of past due amounts owed to
17 energy providers;
18 (ii) to assist the household in responding to
19 excessively high summer temperatures or energy costs.
20 Households containing elderly members, children, a person
21 with a disability, or a person with a medical need for
22 conditioned air shall receive priority for receipt of such
23 benefits; and
24 (iii) for the installation of energy conservation
25 measures, health and safety measures, healthy home
26 measures, home improvement measures to help alleviate

HB5350- 22 -LRB103 37015 HLH 67130 b
1 deferrals from weatherization activities, and renewable
2 energy retrofits.
3(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
4102-176, eff. 6-1-22; 102-699, eff. 4-19-22.)
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