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| Public Act 102-0176
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| SB0265 Enrolled | LRB102 15310 KTG 20666 b |
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AN ACT concerning public aid.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Energy Assistance Act is amended by |
changing Sections 6, 13, and 18 and by adding Section 20 as |
follows:
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(305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
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Sec. 6. Eligibility, Conditions of Participation, and |
Energy Assistance.
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(a) Any person who is a resident of the State of Illinois |
and whose
household income is not greater than an amount |
determined annually by the
Department, in consultation with |
the Policy Advisory Council, may
apply for assistance pursuant |
to this Act in accordance with regulations
promulgated by the |
Department. In setting the annual eligibility level, the
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Department shall consider the amount of available funding and |
may not set a
limit higher than 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; except that for the |
period from the effective date of this amendatory Act of the |
101st General Assembly through June 30, 2021, the Department |
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may establish limits not higher than 200% of that poverty |
level. The Department, in consultation with the Policy |
Advisory Council, may adjust the percentage of poverty level |
annually in accordance with federal guidelines and based on |
funding availability.
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(b) Applicants who qualify for assistance pursuant to |
subsection (a) of
this Section shall, subject to appropriation |
from the General Assembly and
subject to availability of funds |
to the Department, receive energy
assistance as provided by |
this Act. The Department, upon receipt
of monies authorized |
pursuant to this Act for energy assistance, shall commit
funds |
for each qualified applicant in an amount determined by the
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Department. In determining the amounts of assistance to be |
provided to or
on behalf of a qualified applicant, the |
Department shall ensure that the
highest amounts of assistance |
go to households with the greatest energy
costs in relation to |
household income. The Department shall include
factors such as |
energy costs, household size, household income, and region
of |
the State when determining individual household benefits. In |
setting
assistance levels, the Department shall attempt to |
provide assistance to
approximately the same number of |
households who participated in the 1991
Residential Energy |
Assistance Partnership Program. Such assistance levels
shall |
be adjusted annually on the basis of funding
availability and |
energy costs. In promulgating rules for the
administration of |
this
Section the Department shall assure that a minimum of 1/3 |
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of funds
available for benefits to eligible households with |
the lowest incomes and that elderly households, households |
with children under the age of 6 years old, and households with |
persons with disabilities are offered a priority application
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period.
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(c) If the applicant is not a customer of record of an |
energy provider for
energy services or an applicant for such |
service, such applicant shall
receive a direct energy |
assistance payment in an amount established by the
Department |
for all such applicants under this Act; provided, however, |
that
such an applicant must have rental expenses for housing |
greater than 30% of
household income.
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(c-1) This subsection shall apply only in cases where: (1) |
the applicant is not a customer of record of an energy provider |
because energy services are provided by the owner of the unit |
as a portion of the rent; (2) the applicant resides in housing |
subsidized or developed with funds provided under the Rental |
Housing Support Program Act or under a similar locally funded |
rent subsidy program, or is the voucher holder who resides in a |
rental unit within the State of Illinois and whose monthly |
rent is subsidized by the tenant-based Housing Choice Voucher |
Program under Section 8 of the U.S. Housing Act of 1937; and |
(3) the rental expenses for housing are no more than 30% of |
household income. In such cases, the household may apply for |
an energy assistance payment under this Act and the owner of |
the housing unit shall cooperate with the applicant by |
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providing documentation of the energy costs for that unit. Any |
compensation paid to the energy provider who supplied energy |
services to the household shall be paid on behalf of the owner |
of the housing unit providing energy services to the |
household. The Department shall report annually to the General |
Assembly on the number of households receiving energy |
assistance under this subsection and the cost of such |
assistance. The provisions of this subsection (c-1), other |
than this sentence, are inoperative after August 31, 2012. |
(d) If the applicant is a customer of an energy provider, |
such
applicant shall receive energy assistance in an amount |
established by the
Department for all such applicants under |
this Act, such amount to be paid
by the Department to the |
energy provider supplying winter energy service to
such |
applicant. Such applicant shall:
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(i) make all reasonable efforts to apply to any other |
appropriate
source of public energy assistance; and
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(ii) sign a waiver permitting the Department to |
receive income
information from any public or private |
agency providing income or energy
assistance and from any |
employer, whether public or private.
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(e) Any qualified applicant pursuant to this Section may |
receive or have
paid on such applicant's behalf an emergency |
assistance payment to enable
such applicant to obtain access |
to winter energy services. Any such
payments shall be made in |
accordance with regulations of the Department.
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(f) The Department may, if sufficient funds are available, |
provide
additional benefits to certain qualified applicants:
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(i) for the reduction of past due amounts owed to |
energy providers;
and
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(ii) to assist the household in responding to |
excessively high summer
temperatures or energy costs. |
Households containing elderly members, children,
a person |
with a disability, or a person with a medical need for |
conditioned air
shall receive priority for receipt of such |
benefits.
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(Source: P.A. 101-636, eff. 6-10-20.)
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(305 ILCS 20/13)
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(Section scheduled to be repealed on January 1, 2025) |
Sec. 13. Supplemental Low-Income Energy Assistance Fund.
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(a) The Supplemental Low-Income Energy Assistance
Fund is |
hereby created as a special fund in the State
Treasury. The |
Supplemental Low-Income Energy Assistance Fund
is authorized |
to receive moneys from voluntary donations from individuals, |
foundations, corporations, and other sources, moneys received |
pursuant to Section 17, and, by statutory deposit, the moneys
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collected pursuant to this Section. The Fund is also |
authorized to receive voluntary donations from individuals, |
foundations, corporations, and other sources. Subject to |
appropriation,
the Department shall use
moneys from the |
Supplemental Low-Income Energy Assistance Fund
for payments to |
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electric or gas public utilities,
municipal electric or gas |
utilities, and electric cooperatives
on behalf of their |
customers who are participants in the
program authorized by |
Sections 4 and 18 of this Act, for the provision of
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weatherization services and for
administration of the |
Supplemental Low-Income Energy
Assistance Fund. All other |
deposits outside of the Energy Assistance Charge as set forth |
in subsection (b) are not subject to the percentage |
restrictions related to administrative and weatherization |
expenses provided in this subsection. The yearly expenditures |
for weatherization may not exceed 10%
of the amount collected |
during the year pursuant to this Section, except when unspent |
funds from the Supplemental Low-Income Energy Assistance Fund |
are reallocated from a previous year; any unspent balance of |
the 10% weatherization allowance may be utilized for |
weatherization expenses in the year they are reallocated. The |
yearly administrative expenses of the
Supplemental Low-Income |
Energy Assistance Fund may not exceed
13% 10% of the amount |
collected during that year
pursuant to this Section, except |
when unspent funds from the Supplemental Low-Income Energy |
Assistance Fund are reallocated from a previous year; any |
unspent balance of the 13% 10% administrative allowance may be |
utilized for administrative expenses in the year they are |
reallocated. Of the 13% administrative allowance, no less than |
8% shall be provided to Local Administrative Agencies for |
administrative expenses.
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(b) Notwithstanding the provisions of Section 16-111
of |
the Public Utilities Act but subject to subsection (k) of this |
Section,
each public utility, electric
cooperative, as defined |
in Section 3.4 of the Electric Supplier Act,
and municipal |
utility, as referenced in Section 3-105 of the Public |
Utilities
Act, that is engaged in the delivery of electricity |
or the
distribution of natural gas within the State of |
Illinois
shall, effective January 1, 2022 effective January 1, |
1998,
assess each of
its customer accounts a monthly Energy |
Assistance Charge for
the Supplemental Low-Income Energy |
Assistance Fund.
The delivering public utility, municipal |
electric or gas utility, or electric
or gas
cooperative for a |
self-assessing purchaser remains subject to the collection of
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the
fee imposed by this Section.
The
monthly charge shall be as |
follows:
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(1) Base Energy Assistance Charge per month on each
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account for residential electrical service; |
(2) Base Energy Assistance Charge per month on each
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account for residential gas service; |
(3) Ten times the Base Energy Assistance Charge per
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month on each account for non-residential electric
service |
which had less than 10 megawatts of peak
demand during the |
previous calendar year; |
(4) Ten times the Base Energy Assistance Charge per
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month on each account for non-residential gas
service |
which had distributed to it less than
4,000,000 therms of |
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gas during the previous
calendar year; |
(5) Three hundred and seventy-five times the Base
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Energy Assistance Charge per month on each account
for |
non-residential electric service which had 10
megawatts or |
greater of peak demand during the
previous calendar year; |
and |
(6) Three hundred and seventy-five times the Base
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Energy Assistance Charge per month on each account
for |
non-residential gas service which had
4,000,000 or more |
therms of gas distributed to it
during the previous |
calendar year. |
The Base Energy Assistance Charge shall be $0.48
per month |
for the calendar year beginning January
1, 2022 and shall |
increase by $0.16 per month for
any calendar year, provided no |
less than 80% of the
previous State fiscal year's available
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Supplemental Low-Income Energy Assistance Fund
funding was |
exhausted. The maximum Base Energy
Assistance Charge shall not |
exceed $0.96 per month
for any calendar year. |
(1) $0.48 per month on each account for
residential |
electric service;
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(2) $0.48 per month on each account for
residential |
gas service;
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(3) $4.80 per month on each account for |
non-residential electric service
which had less than 10 |
megawatts
of peak demand during the previous calendar |
year;
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(4) $4.80 per month on each account for |
non-residential gas service which
had distributed to it |
less than
4,000,000 therms of gas during the previous |
calendar year;
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(5) $360 per month on each account for non-residential |
electric service
which had 10 megawatts or greater
of peak |
demand during the previous calendar year; and
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(6) $360 per month on each account for non-residential |
gas service
which had 4,000,000 or more therms of
gas |
distributed to it during the previous calendar year. |
The incremental change to such charges imposed by Public |
Act 99-933 and this amendatory Act of the 102nd General |
Assembly this amendatory Act of the 96th General Assembly |
shall not (i) be used for any purpose other than to directly |
assist customers and (ii) be applicable to utilities serving |
less than 25,000 100,000 customers in Illinois on January 1, |
2021 2009. The incremental change to such charges imposed by |
this amendatory Act of the 102nd General Assembly are intended |
to increase utilization of the Percentage of Income Payment |
Plan (PIPP or PIP Plan) and shall be applied such that PIP Plan |
enrollment is at least doubled, as compared to 2020 |
enrollment, by 2024. |
In addition, electric and gas utilities have committed, |
and shall contribute, a one-time payment of $22 million to the |
Fund, within 10 days after the effective date of the tariffs |
established pursuant to Sections 16-111.8 and 19-145 of the |
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Public Utilities Act to be used for the Department's cost of |
implementing the programs described in Section 18 of this |
amendatory Act of the 96th General Assembly, the Arrearage |
Reduction Program described in Section 18, and the programs |
described in Section 8-105 of the Public Utilities Act. If a |
utility elects not to file a rider within 90 days after the |
effective date of this amendatory Act of the 96th General |
Assembly, then the contribution from such utility shall be |
made no later than February 1, 2010.
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(c) For purposes of this Section:
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(1) "residential electric service" means
electric |
utility service for household purposes delivered to a
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dwelling of 2 or fewer units which is billed under a
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residential rate, or electric utility service for |
household
purposes delivered to a dwelling unit or units |
which is billed
under a residential rate and is registered |
by a separate meter
for each dwelling unit;
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(2) "residential gas service" means gas utility
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service for household purposes distributed to a dwelling |
of
2 or fewer units which is billed under a residential |
rate,
or gas utility service for household purposes |
distributed to a
dwelling unit or units which is billed |
under a residential
rate and is registered by a separate |
meter for each dwelling
unit;
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(3) "non-residential electric service" means
electric |
utility service which is not residential electric
service; |
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and
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(4) "non-residential gas service" means gas
utility |
service which is not residential gas service.
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(d) Within 30 days after the effective date of this |
amendatory Act of the 96th General Assembly, each public
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utility engaged in the delivery of electricity or the
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distribution of natural gas shall file with the Illinois
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Commerce Commission tariffs incorporating the Energy
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Assistance Charge in other charges stated in such tariffs, |
which shall become effective no later than the beginning of |
the first billing cycle following such filing.
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(e) The Energy Assistance Charge assessed by
electric and |
gas public utilities shall be considered a charge
for public |
utility service.
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(f) By the 20th day of the month following the month in |
which the charges
imposed by the Section were collected, each |
public
utility,
municipal utility, and electric cooperative |
shall remit to the
Department of Revenue all moneys received |
as payment of the
Energy Assistance Charge on a return |
prescribed and furnished by the
Department of Revenue showing |
such information as the Department of Revenue may
reasonably |
require; provided, however, that a utility offering an |
Arrearage Reduction Program or Supplemental Arrearage |
Reduction Program pursuant to Section 18 of this Act shall be |
entitled to net those amounts necessary to fund and recover |
the costs of such Programs as authorized by that Section that |
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is no more than the incremental change in such Energy |
Assistance Charge authorized by Public Act 96-33. If a |
customer makes a partial payment, a public
utility, municipal
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utility, or electric cooperative may elect either: (i) to |
apply
such partial payments first to amounts owed to the
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utility or cooperative for its services and then to payment
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for the Energy Assistance Charge or (ii) to apply such partial |
payments
on a pro-rata basis between amounts owed to the
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utility or cooperative for its services and to payment for the
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Energy Assistance Charge.
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If any payment provided for in this Section exceeds the |
distributor's liabilities under this Act, as shown on an |
original return, the Department may authorize the distributor |
to credit such excess payment against liability subsequently |
to be remitted to the Department under this Act, in accordance |
with reasonable rules adopted by the Department. If the |
Department subsequently determines that all or any part of the |
credit taken was not actually due to the distributor, the |
distributor's discount shall be reduced by an amount equal to |
the difference between the discount as applied to the credit |
taken and that actually due, and that distributor shall be |
liable for penalties and interest on such difference. |
(g) The Department of Revenue shall deposit into the
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Supplemental Low-Income Energy Assistance Fund all moneys
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remitted to it in accordance with subsection (f) of this
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Section. ; provided, however, that the amounts remitted by |
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each utility shall be used to provide assistance to that |
utility's customers. The utilities shall coordinate with the |
Department to establish an equitable and practical methodology |
for implementing this subsection (g) beginning with the 2010 |
program year.
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(h) On or before December 31, 2002, the Department shall
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prepare a report for the General Assembly on the expenditure |
of funds
appropriated from the Low-Income Energy Assistance |
Block Grant Fund for the
program authorized under Section 4 of |
this Act.
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(i) The Department of Revenue may establish such
rules as |
it deems necessary to implement this Section.
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(j) The Department of Commerce and Economic Opportunity
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may establish such rules as it deems necessary to implement
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this Section.
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(k) The charges imposed by this Section shall only apply |
to customers of
municipal electric or gas utilities and |
electric or gas cooperatives if
the municipal
electric or gas
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utility or electric or gas cooperative makes an affirmative |
decision to
impose the
charge. If a municipal electric or gas |
utility or an electric
cooperative makes an affirmative |
decision to impose the charge provided by
this
Section, the |
municipal electric or gas utility or electric cooperative |
shall
inform the
Department of Revenue in writing of such |
decision when it begins to impose the
charge. If a municipal |
electric or gas utility or electric or gas
cooperative does |
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not
assess
this charge, the Department may not use funds from |
the Supplemental Low-Income
Energy Assistance Fund to provide |
benefits to its customers under the program
authorized by |
Section 4 of this Act.
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In its use of federal funds under this Act, the Department |
may not cause a
disproportionate share of those federal funds |
to benefit customers of systems
which do not assess the charge |
provided by this Section.
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This Section is repealed on January 1, 2025
unless
renewed |
by action of the General Assembly.
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(Source: P.A. 99-457, eff. 1-1-16; 99-906, eff. 6-1-17; |
99-933, eff. 1-27-17; 100-863, eff. 8-14-18; 100-1171, eff. |
1-4-19.)
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(305 ILCS 20/18) |
Sec. 18. Financial assistance; payment plans. |
(a) The Percentage of Income Payment Plan (PIPP or PIP |
Plan) is hereby created as a mandatory bill payment assistance |
program for low-income residential customers of utilities |
serving more than 100,000 retail customers as of January 1, |
2021 2009. The PIP Plan will: |
(1) bring participants' gas and electric bills into |
the range of affordability; |
(2) provide incentives for participants to make timely |
payments; |
(3) encourage participants to reduce usage and |
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participate in conservation and energy efficiency measures |
that reduce the customer's bill and payment requirements; |
and |
(4) identify participants whose homes are most in need |
of weatherization; and . |
(5) endeavor to maximize participation and spend at |
least 80% of the funding available for the year. |
(b) For purposes of this Section: |
(1) "LIHEAP" means the energy assistance program |
established under the Illinois Energy Assistance Act and |
the Low-Income Home Energy Assistance Act of 1981. |
(2) "Plan participant" is an eligible participant who |
is also eligible for the PIPP and who will receive either a |
percentage of income payment credit under the PIPP |
criteria set forth in this Act or a benefit pursuant to |
Section 4 of this Act. Plan participants are a subset of |
eligible participants. |
(3) "Pre-program arrears" means the amount a plan |
participant owes for gas or electric service at the time |
the participant is determined to be eligible for the PIPP |
or the program set forth in Section 4 of this Act. |
(4) "Eligible participant" means any person who has |
applied for, been accepted and is receiving residential |
service from a gas or electric utility and who is also |
eligible for LIHEAP or otherwise satisfies the eligibility |
criteria set forth in paragraph (1) of subsection (c). |
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(c) The PIP Plan shall be administered as follows: |
(1) The Department shall coordinate with Local |
Administrative Agencies (LAAs), to determine eligibility |
for the Illinois Low Income Home Energy Assistance Program |
(LIHEAP) pursuant to the Energy Assistance Act, provided |
that eligible income shall be no more than 150% of the |
poverty level or 60% of the State median income, except |
that for the period from the effective date of this |
amendatory Act of the 101st General Assembly through June |
30, 2021, eligible income shall be no more than 200% of the |
poverty level. Applicants will be screened to determine |
whether the applicant's projected payments for electric |
service or natural gas service over a 12-month period |
exceed the criteria established in this Section. The |
Department, in consultation with the Policy Advisory |
Council, may adjust the percentage of poverty level |
annually to determine income eligibility. To maintain the |
financial integrity of the program, the Department may |
limit eligibility to households with income below 125% of |
the poverty level. |
(2) The Department shall establish the percentage of |
income formula to determine the amount of a monthly credit |
for participants with eligible income based on poverty |
level. , not to exceed $150 per month per household, not to |
exceed $1,800 annually; however, for the period from the |
effective date of this amendatory Act of the 101st General |
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Assembly through June 30, 2021, the monthly credit for |
participants with eligible income over 100% of the poverty |
level may be as much as $200 per month per household, not |
to exceed $2,400 annually, and, the monthly credit for |
participants with eligible income 100% or less of the |
poverty level may be as much as $250 per month per |
household, not to exceed $3,000 annually. Credits will be |
applied to PIP Plan participants' utility bills based on |
the portion of the bill that is the responsibility of the |
participant provided that the percentage shall be no more |
than a total of 6% of the relevant income for gas and |
electric utility bills combined, but in any event no less |
than $10 per month, unless the household does not pay |
directly for heat, in which case its payment shall be 2.4% |
of income but in any event no less than $5 per month. The |
Department, in consultation with the Policy Advisory |
Council, may adjust such monthly credit amounts annually |
and may establish a minimum credit amount based on the |
cost of administering the program and may deny credits to |
otherwise eligible participants if the cost of |
administering the credit exceeds the actual amount of any |
monthly credit to a participant. If the participant takes |
both gas and electric service, 50% 66.67% of the credit |
shall be allocated to the entity that provides the |
participant's primary energy supply for heating. Each |
participant shall enter into a levelized payment plan for, |
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as applicable, gas and electric service and such plans |
shall be implemented by the utility so that a |
participant's usage and required payments are reviewed and |
adjusted regularly, but no more frequently than quarterly.
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Nothing in this Section is intended to prohibit a |
customer, who is otherwise eligible for LIHEAP, from |
participating in the program described in Section 4 of |
this Act. Eligible participants who receive such a benefit |
shall be considered plan participants and shall be |
eligible to participate in the Arrearage Reduction Program |
described in item (5) of this subsection (c). |
(3) The Department shall remit, through the LAAs, to |
the utility or participating alternative supplier that |
portion of the plan participant's bill that is not the |
responsibility of the participant. In the event that the |
Department fails to timely remit payment to the utility, |
the utility shall be entitled to recover all costs related |
to such nonpayment through the automatic adjustment clause |
tariffs established pursuant to Section 16-111.8 and |
Section 19-145 of the Public Utilities Act. For purposes |
of this item (3) of this subsection (c), payment is due on |
the date specified on the participant's bill. The |
Department, the Department of Revenue and LAAs shall adopt |
processes that provide for the timely payment required by |
this item (3) of this subsection (c). |
(4) A plan participant is responsible for all actual |
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charges for utility service in excess of the PIPP credit. |
Pre-program arrears that are included in the Arrearage |
Reduction Program described in item (5) of this subsection |
(c) shall not be included in the calculation of the |
levelized payment plan. Emergency or crisis assistance |
payments shall not affect the amount of any PIPP credit to |
which a participant is entitled. |
(5) Electric and gas utilities subject to this Section |
shall implement an Arrearage Reduction Program (ARP) for |
plan participants as follows: for each month that a plan |
participant timely pays his or her utility bill, the |
utility shall apply a credit to a portion of the |
participant's pre-program arrears, if any, equal to |
one-twelfth of such arrearage provided that the total |
amount of arrearage credits shall equal no more than |
$1,000 annually for each participant for gas and no more |
than $1,000 annually for each participant for electricity. |
In the third year of the PIPP, the Department, in |
consultation with the Policy Advisory Council established |
pursuant to Section 5 of this Act, shall determine by rule |
an appropriate per participant total cap on such amounts, |
if any. Those plan participants participating in the ARP |
shall not be subject to the imposition of any additional |
late payment fees on pre-program arrears covered by the |
ARP. In all other respects, the utility shall bill and |
collect the monthly bill of a plan participant pursuant to |
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the same rules, regulations, programs and policies as |
applicable to residential customers generally. |
Participation in the Arrearage Reduction Program shall be |
limited to the maximum amount of funds available as set |
forth in subsection (f) of Section 13 of this Act. In the |
event any donated funds under Section 13 of this Act are |
specifically designated for the purpose of funding the |
ARP, the Department shall remit such amounts to the |
utilities upon verification that such funds are needed to |
fund the ARP. Nothing in this Section shall preclude a |
utility from continuing to implement, and apply credits |
under, an ARP in the event that the PIPP or LIHEAP is |
suspended due to lack of funding such that the plan |
participant does not receive a benefit under either the |
PIPP or LIHEAP. |
(5.5) In addition to the ARP described in paragraph |
(5) of this subsection (c), utilities may also implement a |
Supplemental Arrearage Reduction Program (SARP) for |
eligible participants who are not able to become plan |
participants due to PIPP timing or funding constraints. If |
a utility elects to implement a SARP, it shall be |
administered as follows: for each month that a SARP |
participant timely pays his or her utility bill, the |
utility shall apply a credit to a portion of the |
participant's pre-program arrears, if any, equal to |
one-twelfth of such arrearage, provided that the utility |
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may limit the total amount of arrearage credits to no more |
than $1,000 annually for each participant for gas and no |
more than $1,000 annually for each participant for |
electricity. SARP participants shall not be subject to the |
imposition of any additional late payment fees on |
pre-program arrears covered by the SARP. In all other |
respects, the utility shall bill and collect the monthly |
bill of a SARP participant under the same rules, |
regulations, programs, and policies as applicable to |
residential customers generally. Participation in the SARP |
shall be limited to the maximum amount of funds available |
as set forth in subsection (f) of Section 13 of this Act. |
In the event any donated funds under Section 13 of this Act |
are specifically designated for the purpose of funding the |
SARP, the Department shall remit such amounts to the |
utilities upon verification that such funds are needed to |
fund the SARP. |
(6) The Department may terminate a plan participant's |
eligibility for the PIP Plan upon notification by the |
utility that the participant's monthly utility payment is |
more than 75 45 days past due. One-twelfth of a customer's |
arrearage shall be deducted from the total arrearage owed |
for each on-time payment made by the customer. |
(7) The Department, in consultation with the Policy |
Advisory Council, may adjust the number of PIP Plan |
participants annually, if necessary, to match the |
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availability of funds. Any plan participant who qualifies |
for a PIPP credit under a utility's PIPP shall be entitled |
to participate in and receive a credit under such |
utility's ARP for so long as such utility has ARP funds |
available, regardless of whether the customer's |
participation under another utility's PIPP or ARP has been |
curtailed or limited because of a lack of funds. |
(8) The Department shall fully implement the PIPP at |
the earliest possible date it is able to effectively |
administer the PIPP. Within 90 days of the effective date |
of this amendatory Act of the 96th General Assembly, the |
Department shall, in consultation with utility companies, |
participating alternative suppliers, LAAs and the Illinois |
Commerce Commission (Commission), issue a detailed |
implementation plan which shall include detailed testing |
protocols and analysis of the capacity for implementation |
by the LAAs and utilities. Such consultation process also |
shall address how to implement the PIPP in the most |
cost-effective and timely manner, and shall identify |
opportunities for relying on the expertise of utilities, |
LAAs and the Commission. Following the implementation of |
the testing protocols, the Department shall issue a |
written report on the feasibility of full or gradual |
implementation. The PIPP shall be fully implemented by |
September 1, 2011, but may be phased in prior to that date. |
(9) As part of the screening process established under |
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item (1) of this subsection (c), the Department and LAAs |
shall assess whether any energy efficiency or demand |
response measures are available to the plan participant at |
no cost, and if so, the participant shall enroll in any |
such program for which he or she is eligible. The LAAs |
shall assist the participant in the applicable enrollment |
or application process. |
(10) Each alternative retail electric and gas supplier |
serving residential customers shall elect whether to |
participate in the PIPP or ARP described in this Section. |
Any such supplier electing to participate in the PIPP |
shall provide to the Department such information as the |
Department may require, including, without limitation, |
information sufficient for the Department to determine the |
proportionate allocation of credits between the |
alternative supplier and the utility. If a utility in |
whose service territory an alternative supplier serves |
customers contributes money to the ARP fund which is not |
recovered from ratepayers, then an alternative supplier |
which participates in ARP in that utility's service |
territory shall also contribute to the ARP fund in an |
amount that is commensurate with the number of alternative |
supplier customers who elect to participate in the |
program. |
(11) The PIPP shall be designed and implemented each |
year to maximize participation and spend at least 80% of |
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the funding available for the year. |
(d) The Department, in consultation with the Policy |
Advisory Council, shall develop and implement a program to |
educate customers about the PIP Plan and about their rights |
and responsibilities under the percentage of income component. |
The Department, in consultation with the Policy Advisory |
Council, shall establish a process that LAAs shall use to |
contact customers in jeopardy of losing eligibility due to |
late payments. The Department shall ensure that LAAs are |
adequately funded to perform all necessary educational tasks. |
(e) The PIPP shall be administered in a manner which |
ensures that credits to plan participants will not be counted |
as income or as a resource in other means-tested assistance |
programs for low-income households or otherwise result in the |
loss of federal or State assistance dollars for low-income |
households. |
(f) In order to ensure that implementation costs are |
minimized, the Department and utilities shall work together to |
identify cost-effective ways to transfer information |
electronically and to employ available protocols that will |
minimize their respective administrative costs as follows: |
(1) The Commission may require utilities to provide |
such information on customer usage and billing and payment |
information as required by the Department to implement the |
PIP Plan and to provide written notices and communications |
to plan participants. |
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(2) Each utility and participating alternative |
supplier shall file annual reports with the Department and |
the Commission that cumulatively summarize and update |
program information as required by the Commission's rules. |
The reports shall track implementation costs and contain |
such information as is necessary to evaluate the success |
of the PIPP. |
(2.5) The Department shall annually prepare and submit |
a report to the General Assembly, the Commission, and the |
Policy Advisory Council that identifies the following |
amounts for the most recently completed year: total monies |
collected under subsection (b) of Section 13 of this Act |
for all PIPPs implemented in the State; monies allocated |
to each utility for implementation of its PIPP; and monies |
allocated to each utility for other purposes, including a |
description of each of those purposes. The Commission |
shall publish the report on its website. |
(3) The Department and the Commission shall have the |
authority to promulgate rules and regulations necessary to |
execute and administer the provisions of this Section. |
(g) Each utility shall be entitled to recover reasonable |
administrative and operational costs incurred to comply with |
this Section from the Supplemental Low Income Energy |
Assistance Fund. The utility may net such costs against monies |
it would otherwise remit to the Funds, and each utility shall |
include in the annual report required under subsection (f) of |
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this Section an accounting for the funds collected.
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(Source: P.A. 101-636, eff. 6-10-20.)
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(305 ILCS 20/20 new) |
Sec. 20. Expanded eligibility. All programs pursuant to |
this Act shall be available to eligible low-income Illinois |
residents who qualify for assistance under Sections 6 and 18, |
regardless of immigration status, using the Supplemental |
Low-Income Energy Assistance Fund for customers of utilities |
and vendors that collect the Energy Assistance Charge and pay |
into the Supplemental Low-Income Energy Assistance Fund.
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