Bill Text: IL SB0265 | 2021-2022 | 102nd General Assembly | Enrolled


Bill Title: Amends the Energy Assistance Act. Provides that the Department of Commerce and Economic Opportunity may not set the annual eligibility level for energy assistance higher than 60% of the State median income as established by the U.S. Department of Health and Human Services. Requires the Department to ensure that households with children under the age of 6 years old are offered a priority application period. Provides that the Supplemental Low-Income Energy Assistance Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Supplemental Low-Income Energy Assistance Fund into any other fund of the State. Contains provisions concerning certain unspent funds being utilized for weatherization expenses; allowances to Local Administrative Agencies for administrative expenses; incremental changes to the monthly energy assistance charges billed to utility customers; Department reports on monies collected and allocated to utilities for implementation of their Percentage of Income Payment Plans; and other matters. Provides that all energy assistance programs under the Act shall be available to eligible residents regardless of immigration status.

Spectrum: Partisan Bill (Democrat 22-0)

Status: (Enrolled) 2021-06-30 - Sent to the Governor [SB0265 Detail]

Download: Illinois-2021-SB0265-Enrolled.html



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1 AN ACT concerning public aid.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Energy Assistance Act is amended by
5changing Sections 6, 13, and 18 and by adding Section 20 as
6follows:
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 and
17may not set a limit higher than 150% of the federal nonfarm
18poverty level as established by the federal Office of
19Management and Budget or 60% of the State median income for the
20current State fiscal year as established by the U.S.
21Department of Health and Human Services; except that for the
22period from the effective date of this amendatory Act of the
23101st General Assembly through June 30, 2021, the Department

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1may establish limits not higher than 200% of that poverty
2level. The Department, in consultation with the Policy
3Advisory Council, may adjust the percentage of poverty level
4annually in accordance with federal guidelines and based on
5funding availability.
6 (b) Applicants who qualify for assistance pursuant to
7subsection (a) of this Section shall, subject to appropriation
8from the General Assembly and subject to availability of funds
9to the Department, receive energy assistance as provided by
10this Act. The Department, upon receipt of monies authorized
11pursuant to this Act for energy assistance, shall commit funds
12for each qualified applicant in an amount determined by the
13Department. In determining the amounts of assistance to be
14provided to or on behalf of a qualified applicant, the
15Department shall ensure that the highest amounts of assistance
16go to households with the greatest energy costs in relation to
17household income. The Department shall include factors such as
18energy costs, household size, household income, and region of
19the State when determining individual household benefits. In
20setting assistance levels, the Department shall attempt to
21provide assistance to approximately the same number of
22households who participated in the 1991 Residential Energy
23Assistance Partnership Program. Such assistance levels shall
24be adjusted annually on the basis of funding availability and
25energy costs. In promulgating rules for the administration of
26this Section the Department shall assure that a minimum of 1/3

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1of funds available for benefits to eligible households with
2the lowest incomes and that elderly households, households
3with children under the age of 6 years old, and households with
4persons with disabilities are offered a priority application
5period.
6 (c) If the applicant is not a customer of record of an
7energy provider for energy services or an applicant for such
8service, such applicant shall receive a direct energy
9assistance payment in an amount established by the Department
10for all such applicants under this Act; provided, however,
11that such an applicant must have rental expenses for housing
12greater than 30% of household income.
13 (c-1) This subsection shall apply only in cases where: (1)
14the applicant is not a customer of record of an energy provider
15because energy services are provided by the owner of the unit
16as a portion of the rent; (2) the applicant resides in housing
17subsidized or developed with funds provided under the Rental
18Housing Support Program Act or under a similar locally funded
19rent subsidy program, or is the voucher holder who resides in a
20rental unit within the State of Illinois and whose monthly
21rent is subsidized by the tenant-based Housing Choice Voucher
22Program under Section 8 of the U.S. Housing Act of 1937; and
23(3) the rental expenses for housing are no more than 30% of
24household income. In such cases, the household may apply for
25an energy assistance payment under this Act and the owner of
26the housing unit shall cooperate with the applicant by

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1providing documentation of the energy costs for that unit. Any
2compensation paid to the energy provider who supplied energy
3services to the household shall be paid on behalf of the owner
4of the housing unit providing energy services to the
5household. The Department shall report annually to the General
6Assembly on the number of households receiving energy
7assistance under this subsection and the cost of such
8assistance. The provisions of this subsection (c-1), other
9than this sentence, are inoperative after August 31, 2012.
10 (d) If the applicant is a customer of an energy provider,
11such applicant shall receive energy assistance in an amount
12established by the Department for all such applicants under
13this Act, such amount to be paid by the Department to the
14energy provider supplying winter energy service to such
15applicant. Such applicant shall:
16 (i) make all reasonable efforts to apply to any other
17 appropriate source of public energy assistance; and
18 (ii) sign a waiver permitting the Department to
19 receive income information from any public or private
20 agency providing income or energy assistance and from any
21 employer, whether public or private.
22 (e) Any qualified applicant pursuant to this Section may
23receive or have paid on such applicant's behalf an emergency
24assistance payment to enable such applicant to obtain access
25to winter energy services. Any such payments shall be made in
26accordance with regulations of the Department.

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1 (f) The Department may, if sufficient funds are available,
2provide additional benefits to certain qualified applicants:
3 (i) for the reduction of past due amounts owed to
4 energy providers; and
5 (ii) to assist the household in responding to
6 excessively high summer temperatures or energy costs.
7 Households containing elderly members, children, a person
8 with a disability, or a person with a medical need for
9 conditioned air shall receive priority for receipt of such
10 benefits.
11(Source: P.A. 101-636, eff. 6-10-20.)
12 (305 ILCS 20/13)
13 (Section scheduled to be repealed on January 1, 2025)
14 Sec. 13. Supplemental Low-Income Energy Assistance Fund.
15 (a) The Supplemental Low-Income Energy Assistance Fund is
16hereby created as a special fund in the State Treasury. The
17Supplemental Low-Income Energy Assistance Fund is authorized
18to receive moneys from voluntary donations from individuals,
19foundations, corporations, and other sources, moneys received
20pursuant to Section 17, and, by statutory deposit, the moneys
21collected pursuant to this Section. The Fund is also
22authorized to receive voluntary donations from individuals,
23foundations, corporations, and other sources. Subject to
24appropriation, the Department shall use moneys from the
25Supplemental Low-Income Energy Assistance Fund for payments to

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1electric or gas public utilities, municipal electric or gas
2utilities, and electric cooperatives on behalf of their
3customers who are participants in the program authorized by
4Sections 4 and 18 of this Act, for the provision of
5weatherization services and for administration of the
6Supplemental Low-Income Energy Assistance Fund. All other
7deposits outside of the Energy Assistance Charge as set forth
8in subsection (b) are not subject to the percentage
9restrictions related to administrative and weatherization
10expenses provided in this subsection. The yearly expenditures
11for weatherization may not exceed 10% of the amount collected
12during the year pursuant to this Section, except when unspent
13funds from the Supplemental Low-Income Energy Assistance Fund
14are reallocated from a previous year; any unspent balance of
15the 10% weatherization allowance may be utilized for
16weatherization expenses in the year they are reallocated. The
17yearly administrative expenses of the Supplemental Low-Income
18Energy Assistance Fund may not exceed 13% 10% of the amount
19collected during that year pursuant to this Section, except
20when unspent funds from the Supplemental Low-Income Energy
21Assistance Fund are reallocated from a previous year; any
22unspent balance of the 13% 10% administrative allowance may be
23utilized for administrative expenses in the year they are
24reallocated. Of the 13% administrative allowance, no less than
258% shall be provided to Local Administrative Agencies for
26administrative expenses.

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1 (b) Notwithstanding the provisions of Section 16-111 of
2the Public Utilities Act but subject to subsection (k) of this
3Section, each public utility, electric cooperative, as defined
4in Section 3.4 of the Electric Supplier Act, and municipal
5utility, as referenced in Section 3-105 of the Public
6Utilities Act, that is engaged in the delivery of electricity
7or the distribution of natural gas within the State of
8Illinois shall, effective January 1, 2022 effective January 1,
91998, assess each of its customer accounts a monthly Energy
10Assistance Charge for the Supplemental Low-Income Energy
11Assistance Fund. The delivering public utility, municipal
12electric or gas utility, or electric or gas cooperative for a
13self-assessing purchaser remains subject to the collection of
14the fee imposed by this Section. The monthly charge shall be as
15follows:
16 (1) Base Energy Assistance Charge per month on each
17 account for residential electrical service;
18 (2) Base Energy Assistance Charge per month on each
19 account for residential gas service;
20 (3) Ten times the Base Energy Assistance Charge per
21 month on each account for non-residential electric service
22 which had less than 10 megawatts of peak demand during the
23 previous calendar year;
24 (4) Ten times the Base Energy Assistance Charge per
25 month on each account for non-residential gas service
26 which had distributed to it less than 4,000,000 therms of

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1 gas during the previous calendar year;
2 (5) Three hundred and seventy-five times the Base
3 Energy Assistance Charge per month on each account for
4 non-residential electric service which had 10 megawatts or
5 greater of peak demand during the previous calendar year;
6 and
7 (6) Three hundred and seventy-five times the Base
8 Energy Assistance Charge per month on each account for
9 non-residential gas service which had 4,000,000 or more
10 therms of gas distributed to it during the previous
11 calendar year.
12 The Base Energy Assistance Charge shall be $0.48 per month
13for the calendar year beginning January 1, 2022 and shall
14increase by $0.16 per month for any calendar year, provided no
15less than 80% of the previous State fiscal year's available
16Supplemental Low-Income Energy Assistance Fund funding was
17exhausted. The maximum Base Energy Assistance Charge shall not
18exceed $0.96 per month for any calendar year.
19 (1) $0.48 per month on each account for residential
20 electric service;
21 (2) $0.48 per month on each account for residential
22 gas service;
23 (3) $4.80 per month on each account for
24 non-residential electric service which had less than 10
25 megawatts of peak demand during the previous calendar
26 year;

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1 (4) $4.80 per month on each account for
2 non-residential gas service which had distributed to it
3 less than 4,000,000 therms of gas during the previous
4 calendar year;
5 (5) $360 per month on each account for non-residential
6 electric service which had 10 megawatts or greater of peak
7 demand during the previous calendar year; and
8 (6) $360 per month on each account for non-residential
9 gas service which had 4,000,000 or more therms of gas
10 distributed to it during the previous calendar year.
11 The incremental change to such charges imposed by Public
12Act 99-933 and this amendatory Act of the 102nd General
13Assembly this amendatory Act of the 96th General Assembly
14shall not (i) be used for any purpose other than to directly
15assist customers and (ii) be applicable to utilities serving
16less than 25,000 100,000 customers in Illinois on January 1,
172021 2009. The incremental change to such charges imposed by
18this amendatory Act of the 102nd General Assembly are intended
19to increase utilization of the Percentage of Income Payment
20Plan (PIPP or PIP Plan) and shall be applied such that PIP Plan
21enrollment is at least doubled, as compared to 2020
22enrollment, by 2024.
23 In addition, electric and gas utilities have committed,
24and shall contribute, a one-time payment of $22 million to the
25Fund, within 10 days after the effective date of the tariffs
26established pursuant to Sections 16-111.8 and 19-145 of the

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1Public Utilities Act to be used for the Department's cost of
2implementing the programs described in Section 18 of this
3amendatory Act of the 96th General Assembly, the Arrearage
4Reduction Program described in Section 18, and the programs
5described in Section 8-105 of the Public Utilities Act. If a
6utility elects not to file a rider within 90 days after the
7effective date of this amendatory Act of the 96th General
8Assembly, then the contribution from such utility shall be
9made no later than February 1, 2010.
10 (c) For purposes of this Section:
11 (1) "residential electric service" means electric
12 utility service for household purposes delivered to a
13 dwelling of 2 or fewer units which is billed under a
14 residential rate, or electric utility service for
15 household purposes delivered to a dwelling unit or units
16 which is billed under a residential rate and is registered
17 by a separate meter for each dwelling unit;
18 (2) "residential gas service" means gas utility
19 service for household purposes distributed to a dwelling
20 of 2 or fewer units which is billed under a residential
21 rate, or gas utility service for household purposes
22 distributed to a dwelling unit or units which is billed
23 under a residential rate and is registered by a separate
24 meter for each dwelling unit;
25 (3) "non-residential electric service" means electric
26 utility service which is not residential electric service;

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1 and
2 (4) "non-residential gas service" means gas utility
3 service which is not residential gas service.
4 (d) Within 30 days after the effective date of this
5amendatory Act of the 96th General Assembly, each public
6utility engaged in the delivery of electricity or the
7distribution of natural gas shall file with the Illinois
8Commerce Commission tariffs incorporating the Energy
9Assistance Charge in other charges stated in such tariffs,
10which shall become effective no later than the beginning of
11the first billing cycle following such filing.
12 (e) The Energy Assistance Charge assessed by electric and
13gas public utilities shall be considered a charge for public
14utility service.
15 (f) By the 20th day of the month following the month in
16which the charges imposed by the Section were collected, each
17public utility, municipal utility, and electric cooperative
18shall remit to the Department of Revenue all moneys received
19as payment of the Energy Assistance Charge on a return
20prescribed and furnished by the Department of Revenue showing
21such information as the Department of Revenue may reasonably
22require; provided, however, that a utility offering an
23Arrearage Reduction Program or Supplemental Arrearage
24Reduction Program pursuant to Section 18 of this Act shall be
25entitled to net those amounts necessary to fund and recover
26the costs of such Programs as authorized by that Section that

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1is no more than the incremental change in such Energy
2Assistance Charge authorized by Public Act 96-33. If a
3customer makes a partial payment, a public utility, municipal
4utility, or electric cooperative may elect either: (i) to
5apply such partial payments first to amounts owed to the
6utility or cooperative for its services and then to payment
7for the Energy Assistance Charge or (ii) to apply such partial
8payments on a pro-rata basis between amounts owed to the
9utility or cooperative for its services and to payment for the
10Energy Assistance Charge.
11 If any payment provided for in this Section exceeds the
12distributor's liabilities under this Act, as shown on an
13original return, the Department may authorize the distributor
14to credit such excess payment against liability subsequently
15to be remitted to the Department under this Act, in accordance
16with reasonable rules adopted by the Department. If the
17Department subsequently determines that all or any part of the
18credit taken was not actually due to the distributor, the
19distributor's discount shall be reduced by an amount equal to
20the difference between the discount as applied to the credit
21taken and that actually due, and that distributor shall be
22liable for penalties and interest on such difference.
23 (g) The Department of Revenue shall deposit into the
24Supplemental Low-Income Energy Assistance Fund all moneys
25remitted to it in accordance with subsection (f) of this
26Section. ; provided, however, that the amounts remitted by

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1each utility shall be used to provide assistance to that
2utility's customers. The utilities shall coordinate with the
3Department to establish an equitable and practical methodology
4for implementing this subsection (g) beginning with the 2010
5program year.
6 (h) On or before December 31, 2002, the Department shall
7prepare a report for the General Assembly on the expenditure
8of funds appropriated from the Low-Income Energy Assistance
9Block Grant Fund for the program authorized under Section 4 of
10this Act.
11 (i) The Department of Revenue may establish such rules as
12it deems necessary to implement this Section.
13 (j) The Department of Commerce and Economic Opportunity
14may establish such rules as it deems necessary to implement
15this Section.
16 (k) The charges imposed by this Section shall only apply
17to customers of municipal electric or gas utilities and
18electric or gas cooperatives if the municipal electric or gas
19utility or electric or gas cooperative makes an affirmative
20decision to impose the charge. If a municipal electric or gas
21utility or an electric cooperative makes an affirmative
22decision to impose the charge provided by this Section, the
23municipal electric or gas utility or electric cooperative
24shall inform the Department of Revenue in writing of such
25decision when it begins to impose the charge. If a municipal
26electric or gas utility or electric or gas cooperative does

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1not assess this charge, the Department may not use funds from
2the Supplemental Low-Income Energy Assistance Fund to provide
3benefits to its customers under the program authorized by
4Section 4 of this Act.
5 In its use of federal funds under this Act, the Department
6may not cause a disproportionate share of those federal funds
7to benefit customers of systems which do not assess the charge
8provided by this Section.
9 This Section is repealed on January 1, 2025 unless renewed
10by action of the General Assembly.
11(Source: P.A. 99-457, eff. 1-1-16; 99-906, eff. 6-1-17;
1299-933, eff. 1-27-17; 100-863, eff. 8-14-18; 100-1171, eff.
131-4-19.)
14 (305 ILCS 20/18)
15 Sec. 18. Financial assistance; payment plans.
16 (a) The Percentage of Income Payment Plan (PIPP or PIP
17Plan) is hereby created as a mandatory bill payment assistance
18program for low-income residential customers of utilities
19serving more than 100,000 retail customers as of January 1,
202021 2009. The PIP Plan will:
21 (1) bring participants' gas and electric bills into
22 the range of affordability;
23 (2) provide incentives for participants to make timely
24 payments;
25 (3) encourage participants to reduce usage and

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1 participate in conservation and energy efficiency measures
2 that reduce the customer's bill and payment requirements;
3 and
4 (4) identify participants whose homes are most in need
5 of weatherization; and .
6 (5) endeavor to maximize participation and spend at
7 least 80% of the funding available for the year.
8 (b) For purposes of this Section:
9 (1) "LIHEAP" means the energy assistance program
10 established under the Illinois Energy Assistance Act and
11 the Low-Income Home Energy Assistance Act of 1981.
12 (2) "Plan participant" is an eligible participant who
13 is also eligible for the PIPP and who will receive either a
14 percentage of income payment credit under the PIPP
15 criteria set forth in this Act or a benefit pursuant to
16 Section 4 of this Act. Plan participants are a subset of
17 eligible participants.
18 (3) "Pre-program arrears" means the amount a plan
19 participant owes for gas or electric service at the time
20 the participant is determined to be eligible for the PIPP
21 or the program set forth in Section 4 of this Act.
22 (4) "Eligible participant" means any person who has
23 applied for, been accepted and is receiving residential
24 service from a gas or electric utility and who is also
25 eligible for LIHEAP or otherwise satisfies the eligibility
26 criteria set forth in paragraph (1) of subsection (c).

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1 (c) The PIP Plan shall be administered as follows:
2 (1) The Department shall coordinate with Local
3 Administrative Agencies (LAAs), to determine eligibility
4 for the Illinois Low Income Home Energy Assistance Program
5 (LIHEAP) pursuant to the Energy Assistance Act, provided
6 that eligible income shall be no more than 150% of the
7 poverty level or 60% of the State median income, except
8 that for the period from the effective date of this
9 amendatory Act of the 101st General Assembly through June
10 30, 2021, eligible income shall be no more than 200% of the
11 poverty level. Applicants will be screened to determine
12 whether the applicant's projected payments for electric
13 service or natural gas service over a 12-month period
14 exceed the criteria established in this Section. The
15 Department, in consultation with the Policy Advisory
16 Council, may adjust the percentage of poverty level
17 annually to determine income eligibility. To maintain the
18 financial integrity of the program, the Department may
19 limit eligibility to households with income below 125% of
20 the poverty level.
21 (2) The Department shall establish the percentage of
22 income formula to determine the amount of a monthly credit
23 for participants with eligible income based on poverty
24 level. , not to exceed $150 per month per household, not to
25 exceed $1,800 annually; however, for the period from the
26 effective date of this amendatory Act of the 101st General

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1 Assembly through June 30, 2021, the monthly credit for
2 participants with eligible income over 100% of the poverty
3 level may be as much as $200 per month per household, not
4 to exceed $2,400 annually, and, the monthly credit for
5 participants with eligible income 100% or less of the
6 poverty level may be as much as $250 per month per
7 household, not to exceed $3,000 annually. Credits will be
8 applied to PIP Plan participants' utility bills based on
9 the portion of the bill that is the responsibility of the
10 participant provided that the percentage shall be no more
11 than a total of 6% of the relevant income for gas and
12 electric utility bills combined, but in any event no less
13 than $10 per month, unless the household does not pay
14 directly for heat, in which case its payment shall be 2.4%
15 of income but in any event no less than $5 per month. The
16 Department, in consultation with the Policy Advisory
17 Council, may adjust such monthly credit amounts annually
18 and may establish a minimum credit amount based on the
19 cost of administering the program and may deny credits to
20 otherwise eligible participants if the cost of
21 administering the credit exceeds the actual amount of any
22 monthly credit to a participant. If the participant takes
23 both gas and electric service, 50% 66.67% of the credit
24 shall be allocated to the entity that provides the
25 participant's primary energy supply for heating. Each
26 participant shall enter into a levelized payment plan for,

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1 as applicable, gas and electric service and such plans
2 shall be implemented by the utility so that a
3 participant's usage and required payments are reviewed and
4 adjusted regularly, but no more frequently than quarterly.
5 Nothing in this Section is intended to prohibit a
6 customer, who is otherwise eligible for LIHEAP, from
7 participating in the program described in Section 4 of
8 this Act. Eligible participants who receive such a benefit
9 shall be considered plan participants and shall be
10 eligible to participate in the Arrearage Reduction Program
11 described in item (5) of this subsection (c).
12 (3) The Department shall remit, through the LAAs, to
13 the utility or participating alternative supplier that
14 portion of the plan participant's bill that is not the
15 responsibility of the participant. In the event that the
16 Department fails to timely remit payment to the utility,
17 the utility shall be entitled to recover all costs related
18 to such nonpayment through the automatic adjustment clause
19 tariffs established pursuant to Section 16-111.8 and
20 Section 19-145 of the Public Utilities Act. For purposes
21 of this item (3) of this subsection (c), payment is due on
22 the date specified on the participant's bill. The
23 Department, the Department of Revenue and LAAs shall adopt
24 processes that provide for the timely payment required by
25 this item (3) of this subsection (c).
26 (4) A plan participant is responsible for all actual

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1 charges for utility service in excess of the PIPP credit.
2 Pre-program arrears that are included in the Arrearage
3 Reduction Program described in item (5) of this subsection
4 (c) shall not be included in the calculation of the
5 levelized payment plan. Emergency or crisis assistance
6 payments shall not affect the amount of any PIPP credit to
7 which a participant is entitled.
8 (5) Electric and gas utilities subject to this Section
9 shall implement an Arrearage Reduction Program (ARP) for
10 plan participants as follows: for each month that a plan
11 participant timely pays his or her utility bill, the
12 utility shall apply a credit to a portion of the
13 participant's pre-program arrears, if any, equal to
14 one-twelfth of such arrearage provided that the total
15 amount of arrearage credits shall equal no more than
16 $1,000 annually for each participant for gas and no more
17 than $1,000 annually for each participant for electricity.
18 In the third year of the PIPP, the Department, in
19 consultation with the Policy Advisory Council established
20 pursuant to Section 5 of this Act, shall determine by rule
21 an appropriate per participant total cap on such amounts,
22 if any. Those plan participants participating in the ARP
23 shall not be subject to the imposition of any additional
24 late payment fees on pre-program arrears covered by the
25 ARP. In all other respects, the utility shall bill and
26 collect the monthly bill of a plan participant pursuant to

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1 the same rules, regulations, programs and policies as
2 applicable to residential customers generally.
3 Participation in the Arrearage Reduction Program shall be
4 limited to the maximum amount of funds available as set
5 forth in subsection (f) of Section 13 of this Act. In the
6 event any donated funds under Section 13 of this Act are
7 specifically designated for the purpose of funding the
8 ARP, the Department shall remit such amounts to the
9 utilities upon verification that such funds are needed to
10 fund the ARP. Nothing in this Section shall preclude a
11 utility from continuing to implement, and apply credits
12 under, an ARP in the event that the PIPP or LIHEAP is
13 suspended due to lack of funding such that the plan
14 participant does not receive a benefit under either the
15 PIPP or LIHEAP.
16 (5.5) In addition to the ARP described in paragraph
17 (5) of this subsection (c), utilities may also implement a
18 Supplemental Arrearage Reduction Program (SARP) for
19 eligible participants who are not able to become plan
20 participants due to PIPP timing or funding constraints. If
21 a utility elects to implement a SARP, it shall be
22 administered as follows: for each month that a SARP
23 participant timely pays his or her utility bill, the
24 utility shall apply a credit to a portion of the
25 participant's pre-program arrears, if any, equal to
26 one-twelfth of such arrearage, provided that the utility

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1 may limit the total amount of arrearage credits to no more
2 than $1,000 annually for each participant for gas and no
3 more than $1,000 annually for each participant for
4 electricity. SARP participants shall not be subject to the
5 imposition of any additional late payment fees on
6 pre-program arrears covered by the SARP. In all other
7 respects, the utility shall bill and collect the monthly
8 bill of a SARP participant under the same rules,
9 regulations, programs, and policies as applicable to
10 residential customers generally. Participation in the SARP
11 shall be limited to the maximum amount of funds available
12 as set forth in subsection (f) of Section 13 of this Act.
13 In the event any donated funds under Section 13 of this Act
14 are specifically designated for the purpose of funding the
15 SARP, the Department shall remit such amounts to the
16 utilities upon verification that such funds are needed to
17 fund the SARP.
18 (6) The Department may terminate a plan participant's
19 eligibility for the PIP Plan upon notification by the
20 utility that the participant's monthly utility payment is
21 more than 75 45 days past due. One-twelfth of a customer's
22 arrearage shall be deducted from the total arrearage owed
23 for each on-time payment made by the customer.
24 (7) The Department, in consultation with the Policy
25 Advisory Council, may adjust the number of PIP Plan
26 participants annually, if necessary, to match the

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1 availability of funds. Any plan participant who qualifies
2 for a PIPP credit under a utility's PIPP shall be entitled
3 to participate in and receive a credit under such
4 utility's ARP for so long as such utility has ARP funds
5 available, regardless of whether the customer's
6 participation under another utility's PIPP or ARP has been
7 curtailed or limited because of a lack of funds.
8 (8) The Department shall fully implement the PIPP at
9 the earliest possible date it is able to effectively
10 administer the PIPP. Within 90 days of the effective date
11 of this amendatory Act of the 96th General Assembly, the
12 Department shall, in consultation with utility companies,
13 participating alternative suppliers, LAAs and the Illinois
14 Commerce Commission (Commission), issue a detailed
15 implementation plan which shall include detailed testing
16 protocols and analysis of the capacity for implementation
17 by the LAAs and utilities. Such consultation process also
18 shall address how to implement the PIPP in the most
19 cost-effective and timely manner, and shall identify
20 opportunities for relying on the expertise of utilities,
21 LAAs and the Commission. Following the implementation of
22 the testing protocols, the Department shall issue a
23 written report on the feasibility of full or gradual
24 implementation. The PIPP shall be fully implemented by
25 September 1, 2011, but may be phased in prior to that date.
26 (9) As part of the screening process established under

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1 item (1) of this subsection (c), the Department and LAAs
2 shall assess whether any energy efficiency or demand
3 response measures are available to the plan participant at
4 no cost, and if so, the participant shall enroll in any
5 such program for which he or she is eligible. The LAAs
6 shall assist the participant in the applicable enrollment
7 or application process.
8 (10) Each alternative retail electric and gas supplier
9 serving residential customers shall elect whether to
10 participate in the PIPP or ARP described in this Section.
11 Any such supplier electing to participate in the PIPP
12 shall provide to the Department such information as the
13 Department may require, including, without limitation,
14 information sufficient for the Department to determine the
15 proportionate allocation of credits between the
16 alternative supplier and the utility. If a utility in
17 whose service territory an alternative supplier serves
18 customers contributes money to the ARP fund which is not
19 recovered from ratepayers, then an alternative supplier
20 which participates in ARP in that utility's service
21 territory shall also contribute to the ARP fund in an
22 amount that is commensurate with the number of alternative
23 supplier customers who elect to participate in the
24 program.
25 (11) The PIPP shall be designed and implemented each
26 year to maximize participation and spend at least 80% of

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1 the funding available for the year.
2 (d) The Department, in consultation with the Policy
3Advisory Council, shall develop and implement a program to
4educate customers about the PIP Plan and about their rights
5and responsibilities under the percentage of income component.
6The Department, in consultation with the Policy Advisory
7Council, shall establish a process that LAAs shall use to
8contact customers in jeopardy of losing eligibility due to
9late payments. The Department shall ensure that LAAs are
10adequately funded to perform all necessary educational tasks.
11 (e) The PIPP shall be administered in a manner which
12ensures that credits to plan participants will not be counted
13as income or as a resource in other means-tested assistance
14programs for low-income households or otherwise result in the
15loss of federal or State assistance dollars for low-income
16households.
17 (f) In order to ensure that implementation costs are
18minimized, the Department and utilities shall work together to
19identify cost-effective ways to transfer information
20electronically and to employ available protocols that will
21minimize their respective administrative costs as follows:
22 (1) The Commission may require utilities to provide
23 such information on customer usage and billing and payment
24 information as required by the Department to implement the
25 PIP Plan and to provide written notices and communications
26 to plan participants.

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1 (2) Each utility and participating alternative
2 supplier shall file annual reports with the Department and
3 the Commission that cumulatively summarize and update
4 program information as required by the Commission's rules.
5 The reports shall track implementation costs and contain
6 such information as is necessary to evaluate the success
7 of the PIPP.
8 (2.5) The Department shall annually prepare and submit
9 a report to the General Assembly, the Commission, and the
10 Policy Advisory Council that identifies the following
11 amounts for the most recently completed year: total monies
12 collected under subsection (b) of Section 13 of this Act
13 for all PIPPs implemented in the State; monies allocated
14 to each utility for implementation of its PIPP; and monies
15 allocated to each utility for other purposes, including a
16 description of each of those purposes. The Commission
17 shall publish the report on its website.
18 (3) The Department and the Commission shall have the
19 authority to promulgate rules and regulations necessary to
20 execute and administer the provisions of this Section.
21 (g) Each utility shall be entitled to recover reasonable
22administrative and operational costs incurred to comply with
23this Section from the Supplemental Low Income Energy
24Assistance Fund. The utility may net such costs against monies
25it would otherwise remit to the Funds, and each utility shall
26include in the annual report required under subsection (f) of

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1this Section an accounting for the funds collected.
2(Source: P.A. 101-636, eff. 6-10-20.)
3 (305 ILCS 20/20 new)
4 Sec. 20. Expanded eligibility. All programs pursuant to
5this Act shall be available to eligible low-income Illinois
6residents who qualify for assistance under Sections 6 and 18,
7regardless of immigration status, using the Supplemental
8Low-Income Energy Assistance Fund for customers of utilities
9and vendors that collect the Energy Assistance Charge and pay
10into the Supplemental Low-Income Energy Assistance Fund.
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