Bill Text: IL SB0265 | 2021-2022 | 102nd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Passed) 2021-07-29 - Public Act . . . . . . . . . 102-0176 [SB0265 Detail]
Download: Illinois-2021-SB0265-Enrolled.html
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: (Passed) 2021-07-29 - Public Act . . . . . . . . . 102-0176 [SB0265 Detail]
Download: Illinois-2021-SB0265-Enrolled.html
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1 | AN ACT concerning public aid.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Energy Assistance Act is amended by | ||||||
5 | changing Sections 6, 13, and 18 and by adding Section 20 as | ||||||
6 | follows:
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7 | (305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
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8 | Sec. 6. Eligibility, Conditions of Participation, and | ||||||
9 | Energy Assistance.
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10 | (a) Any person who is a resident of the State of Illinois | ||||||
11 | and whose
household income is not greater than an amount | ||||||
12 | determined annually by the
Department, in consultation with | ||||||
13 | the Policy Advisory Council, may
apply for assistance pursuant | ||||||
14 | to this Act in accordance with regulations
promulgated by the | ||||||
15 | Department. In setting the annual eligibility level, the
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16 | Department shall consider the amount of available funding and | ||||||
17 | may not set a
limit higher than 150% of the federal nonfarm | ||||||
18 | poverty level as established by
the federal Office of | ||||||
19 | Management and Budget or 60% of the State median income for the | ||||||
20 | current State fiscal year as established by the U.S. | ||||||
21 | Department of Health and Human Services ; except that for the | ||||||
22 | period from the effective date of this amendatory Act of the | ||||||
23 | 101st General Assembly through June 30, 2021, the Department |
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1 | may establish limits not higher than 200% of that poverty | ||||||
2 | level. The Department, in consultation with the Policy | ||||||
3 | Advisory Council, may adjust the percentage of poverty level | ||||||
4 | annually in accordance with federal guidelines and based on | ||||||
5 | funding availability.
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6 | (b) Applicants who qualify for assistance pursuant to | ||||||
7 | subsection (a) of
this Section shall, subject to appropriation | ||||||
8 | from the General Assembly and
subject to availability of funds | ||||||
9 | to the Department, receive energy
assistance as provided by | ||||||
10 | this Act. The Department, upon receipt
of monies authorized | ||||||
11 | pursuant to this Act for energy assistance, shall commit
funds | ||||||
12 | for each qualified applicant in an amount determined by the
| ||||||
13 | Department. In determining the amounts of assistance to be | ||||||
14 | provided to or
on behalf of a qualified applicant, the | ||||||
15 | Department shall ensure that the
highest amounts of assistance | ||||||
16 | go to households with the greatest energy
costs in relation to | ||||||
17 | household income. The Department shall include
factors such as | ||||||
18 | energy costs, household size, household income, and region
of | ||||||
19 | the State when determining individual household benefits. In | ||||||
20 | setting
assistance levels, the Department shall attempt to | ||||||
21 | provide assistance to
approximately the same number of | ||||||
22 | households who participated in the 1991
Residential Energy | ||||||
23 | Assistance Partnership Program. Such assistance levels
shall | ||||||
24 | be adjusted annually on the basis of funding
availability and | ||||||
25 | energy costs. In promulgating rules for the
administration of | ||||||
26 | this
Section the Department shall assure that a minimum of 1/3 |
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1 | of funds
available for benefits to eligible households with | ||||||
2 | the lowest incomes and that elderly households , households | ||||||
3 | with children under the age of 6 years old, and households with | ||||||
4 | persons with disabilities are offered a priority application
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5 | period.
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6 | (c) If the applicant is not a customer of record of an | ||||||
7 | energy provider for
energy services or an applicant for such | ||||||
8 | service, such applicant shall
receive a direct energy | ||||||
9 | assistance payment in an amount established by the
Department | ||||||
10 | for all such applicants under this Act; provided, however, | ||||||
11 | that
such an applicant must have rental expenses for housing | ||||||
12 | greater than 30% of
household income.
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13 | (c-1) This subsection shall apply only in cases where: (1) | ||||||
14 | the applicant is not a customer of record of an energy provider | ||||||
15 | because energy services are provided by the owner of the unit | ||||||
16 | as a portion of the rent; (2) the applicant resides in housing | ||||||
17 | subsidized or developed with funds provided under the Rental | ||||||
18 | Housing Support Program Act or under a similar locally funded | ||||||
19 | rent subsidy program, or is the voucher holder who resides in a | ||||||
20 | rental unit within the State of Illinois and whose monthly | ||||||
21 | rent is subsidized by the tenant-based Housing Choice Voucher | ||||||
22 | Program 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 | ||||||
24 | household income. In such cases, the household may apply for | ||||||
25 | an energy assistance payment under this Act and the owner of | ||||||
26 | the housing unit shall cooperate with the applicant by |
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1 | providing documentation of the energy costs for that unit. Any | ||||||
2 | compensation paid to the energy provider who supplied energy | ||||||
3 | services to the household shall be paid on behalf of the owner | ||||||
4 | of the housing unit providing energy services to the | ||||||
5 | household. The Department shall report annually to the General | ||||||
6 | Assembly on the number of households receiving energy | ||||||
7 | assistance under this subsection and the cost of such | ||||||
8 | assistance. The provisions of this subsection (c-1), other | ||||||
9 | than this sentence, are inoperative after August 31, 2012. | ||||||
10 | (d) If the applicant is a customer of an energy provider, | ||||||
11 | such
applicant shall receive energy assistance in an amount | ||||||
12 | established by the
Department for all such applicants under | ||||||
13 | this Act, such amount to be paid
by the Department to the | ||||||
14 | energy provider supplying winter energy service to
such | ||||||
15 | applicant. Such applicant shall:
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16 | (i) make all reasonable efforts to apply to any other | ||||||
17 | appropriate
source of public energy assistance; and
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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.
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22 | (e) Any qualified applicant pursuant to this Section may | ||||||
23 | receive or have
paid on such applicant's behalf an emergency | ||||||
24 | assistance payment to enable
such applicant to obtain access | ||||||
25 | to winter energy services. Any such
payments shall be made in | ||||||
26 | accordance with regulations of the Department.
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1 | (f) The Department may, if sufficient funds are available, | ||||||
2 | provide
additional benefits to certain qualified applicants:
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3 | (i) for the reduction of past due amounts owed to | ||||||
4 | energy providers;
and
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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.
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11 | (Source: P.A. 101-636, eff. 6-10-20.)
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12 | (305 ILCS 20/13)
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13 | (Section scheduled to be repealed on January 1, 2025) | ||||||
14 | Sec. 13. Supplemental Low-Income Energy Assistance Fund.
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15 | (a) The Supplemental Low-Income Energy Assistance
Fund is | ||||||
16 | hereby created as a special fund in the State
Treasury. The | ||||||
17 | Supplemental Low-Income Energy Assistance Fund
is authorized | ||||||
18 | to receive moneys from voluntary donations from individuals, | ||||||
19 | foundations, corporations, and other sources, moneys received | ||||||
20 | pursuant to Section 17, and, by statutory deposit, the moneys
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21 | collected pursuant to this Section. The Fund is also | ||||||
22 | authorized to receive voluntary donations from individuals, | ||||||
23 | foundations, corporations, and other sources. Subject to | ||||||
24 | appropriation,
the Department shall use
moneys from the | ||||||
25 | Supplemental Low-Income Energy Assistance Fund
for payments to |
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1 | electric or gas public utilities,
municipal electric or gas | ||||||
2 | utilities, and electric cooperatives
on behalf of their | ||||||
3 | customers who are participants in the
program authorized by | ||||||
4 | Sections 4 and 18 of this Act, for the provision of
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5 | weatherization services and for
administration of the | ||||||
6 | Supplemental Low-Income Energy
Assistance Fund. All other | ||||||
7 | deposits outside of the Energy Assistance Charge as set forth | ||||||
8 | in subsection (b) are not subject to the percentage | ||||||
9 | restrictions related to administrative and weatherization | ||||||
10 | expenses provided in this subsection. The yearly expenditures | ||||||
11 | for weatherization may not exceed 10%
of the amount collected | ||||||
12 | during the year pursuant to this Section , except when unspent | ||||||
13 | funds from the Supplemental Low-Income Energy Assistance Fund | ||||||
14 | are reallocated from a previous year; any unspent balance of | ||||||
15 | the 10% weatherization allowance may be utilized for | ||||||
16 | weatherization expenses in the year they are reallocated . The | ||||||
17 | yearly administrative expenses of the
Supplemental Low-Income | ||||||
18 | Energy Assistance Fund may not exceed
13% 10% of the amount | ||||||
19 | collected during that year
pursuant to this Section, except | ||||||
20 | when unspent funds from the Supplemental Low-Income Energy | ||||||
21 | Assistance Fund are reallocated from a previous year; any | ||||||
22 | unspent balance of the 13% 10% administrative allowance may be | ||||||
23 | utilized for administrative expenses in the year they are | ||||||
24 | reallocated. Of the 13% administrative allowance, no less than | ||||||
25 | 8% shall be provided to Local Administrative Agencies for | ||||||
26 | administrative expenses.
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1 | (b) Notwithstanding the provisions of Section 16-111
of | ||||||
2 | the Public Utilities Act but subject to subsection (k) of this | ||||||
3 | Section,
each public utility, electric
cooperative, as defined | ||||||
4 | in Section 3.4 of the Electric Supplier Act,
and municipal | ||||||
5 | utility, as referenced in Section 3-105 of the Public | ||||||
6 | Utilities
Act, that is engaged in the delivery of electricity | ||||||
7 | or the
distribution of natural gas within the State of | ||||||
8 | Illinois
shall, effective January 1, 2022 effective January 1, | ||||||
9 | 1998 ,
assess each of
its customer accounts a monthly Energy | ||||||
10 | Assistance Charge for
the Supplemental Low-Income Energy | ||||||
11 | Assistance Fund.
The delivering public utility, municipal | ||||||
12 | electric or gas utility, or electric
or gas
cooperative for a | ||||||
13 | self-assessing purchaser remains subject to the collection of
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14 | the
fee imposed by this Section.
The
monthly charge shall be as | ||||||
15 | follows:
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16 | (1) Base Energy Assistance Charge per month on each
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17 | account for residential electrical service; | ||||||
18 | (2) Base Energy Assistance Charge per month on each
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19 | account for residential gas service; | ||||||
20 | (3) Ten times the Base Energy Assistance Charge per
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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
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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
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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
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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 | ||||||
13 | for the calendar year beginning January
1, 2022 and shall | ||||||
14 | increase by $0.16 per month for
any calendar year, provided no | ||||||
15 | less than 80% of the
previous State fiscal year's available
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16 | Supplemental Low-Income Energy Assistance Fund
funding was | ||||||
17 | exhausted. The maximum Base Energy
Assistance Charge shall not | ||||||
18 | exceed $0.96 per month
for any calendar year. | ||||||
19 | (1) $0.48 per month on each account for
residential | ||||||
20 | electric service;
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21 | (2) $0.48 per month on each account for
residential | ||||||
22 | gas service;
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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;
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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
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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 | ||||||
12 | Act 99-933 and this amendatory Act of the 102nd General | ||||||
13 | Assembly this amendatory Act of the 96th General Assembly | ||||||
14 | shall not (i) be used for any purpose other than to directly | ||||||
15 | assist customers and (ii) be applicable to utilities serving | ||||||
16 | less than 25,000 100,000 customers in Illinois on January 1, | ||||||
17 | 2021 2009 . The incremental change to such charges imposed by | ||||||
18 | this amendatory Act of the 102nd General Assembly are intended | ||||||
19 | to increase utilization of the Percentage of Income Payment | ||||||
20 | Plan (PIPP or PIP Plan) and shall be applied such that PIP Plan | ||||||
21 | enrollment is at least doubled, as compared to 2020 | ||||||
22 | enrollment, by 2024. | ||||||
23 | In addition, electric and gas utilities have committed, | ||||||
24 | and shall contribute, a one-time payment of $22 million to the | ||||||
25 | Fund, within 10 days after the effective date of the tariffs | ||||||
26 | established pursuant to Sections 16-111.8 and 19-145 of the |
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1 | Public Utilities Act to be used for the Department's cost of | ||||||
2 | implementing the programs described in Section 18 of this | ||||||
3 | amendatory Act of the 96th General Assembly, the Arrearage | ||||||
4 | Reduction Program described in Section 18, and the programs | ||||||
5 | described in Section 8-105 of the Public Utilities Act. If a | ||||||
6 | utility elects not to file a rider within 90 days after the | ||||||
7 | effective date of this amendatory Act of the 96th General | ||||||
8 | Assembly, then the contribution from such utility shall be | ||||||
9 | made no later than February 1, 2010.
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10 | (c) For purposes of this Section:
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11 | (1) "residential electric service" means
electric | ||||||
12 | utility service for household purposes delivered to a
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13 | dwelling of 2 or fewer units which is billed under a
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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;
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18 | (2) "residential gas service" means gas utility
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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;
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25 | (3) "non-residential electric service" means
electric | ||||||
26 | utility service which is not residential electric
service; |
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1 | and
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2 | (4) "non-residential gas service" means gas
utility | ||||||
3 | service which is not residential gas service.
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4 | (d) Within 30 days after the effective date of this | ||||||
5 | amendatory Act of the 96th General Assembly, each public
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6 | utility engaged in the delivery of electricity or the
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7 | distribution of natural gas shall file with the Illinois
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8 | Commerce Commission tariffs incorporating the Energy
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9 | Assistance Charge in other charges stated in such tariffs, | ||||||
10 | which shall become effective no later than the beginning of | ||||||
11 | the first billing cycle following such filing.
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12 | (e) The Energy Assistance Charge assessed by
electric and | ||||||
13 | gas public utilities shall be considered a charge
for public | ||||||
14 | utility service.
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15 | (f) By the 20th day of the month following the month in | ||||||
16 | which the charges
imposed by the Section were collected, each | ||||||
17 | public
utility,
municipal utility, and electric cooperative | ||||||
18 | shall remit to the
Department of Revenue all moneys received | ||||||
19 | as payment of the
Energy Assistance Charge on a return | ||||||
20 | prescribed and furnished by the
Department of Revenue showing | ||||||
21 | such information as the Department of Revenue may
reasonably | ||||||
22 | require; provided, however, that a utility offering an | ||||||
23 | Arrearage Reduction Program or Supplemental Arrearage | ||||||
24 | Reduction Program pursuant to Section 18 of this Act shall be | ||||||
25 | entitled to net those amounts necessary to fund and recover | ||||||
26 | the costs of such Programs as authorized by that Section that |
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1 | is no more than the incremental change in such Energy | ||||||
2 | Assistance Charge authorized by Public Act 96-33. If a | ||||||
3 | customer makes a partial payment, a public
utility, municipal
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4 | utility, or electric cooperative may elect either: (i) to | ||||||
5 | apply
such partial payments first to amounts owed to the
| ||||||
6 | utility or cooperative for its services and then to payment
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7 | for the Energy Assistance Charge or (ii) to apply such partial | ||||||
8 | payments
on a pro-rata basis between amounts owed to the
| ||||||
9 | utility or cooperative for its services and to payment for the
| ||||||
10 | Energy Assistance Charge.
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11 | If any payment provided for in this Section exceeds the | ||||||
12 | distributor's liabilities under this Act, as shown on an | ||||||
13 | original return, the Department may authorize the distributor | ||||||
14 | to credit such excess payment against liability subsequently | ||||||
15 | to be remitted to the Department under this Act, in accordance | ||||||
16 | with reasonable rules adopted by the Department. If the | ||||||
17 | Department subsequently determines that all or any part of the | ||||||
18 | credit taken was not actually due to the distributor, the | ||||||
19 | distributor's discount shall be reduced by an amount equal to | ||||||
20 | the difference between the discount as applied to the credit | ||||||
21 | taken and that actually due, and that distributor shall be | ||||||
22 | liable for penalties and interest on such difference. | ||||||
23 | (g) The Department of Revenue shall deposit into the
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24 | Supplemental Low-Income Energy Assistance Fund all moneys
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25 | remitted to it in accordance with subsection (f) of this
| ||||||
26 | Section . ; provided, however, that the amounts remitted by |
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1 | each utility shall be used to provide assistance to that | ||||||
2 | utility's customers. The utilities shall coordinate with the | ||||||
3 | Department to establish an equitable and practical methodology | ||||||
4 | for implementing this subsection (g) beginning with the 2010 | ||||||
5 | program year.
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6 | (h) On or before December 31, 2002, the Department shall
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7 | prepare a report for the General Assembly on the expenditure | ||||||
8 | of funds
appropriated from the Low-Income Energy Assistance | ||||||
9 | Block Grant Fund for the
program authorized under Section 4 of | ||||||
10 | this Act.
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11 | (i) The Department of Revenue may establish such
rules as | ||||||
12 | it deems necessary to implement this Section.
| ||||||
13 | (j) The Department of Commerce and Economic Opportunity
| ||||||
14 | may establish such rules as it deems necessary to implement
| ||||||
15 | this Section.
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16 | (k) The charges imposed by this Section shall only apply | ||||||
17 | to customers of
municipal electric or gas utilities and | ||||||
18 | electric or gas cooperatives if
the municipal
electric or gas
| ||||||
19 | utility or electric or gas cooperative makes an affirmative | ||||||
20 | decision to
impose the
charge. If a municipal electric or gas | ||||||
21 | utility or an electric
cooperative makes an affirmative | ||||||
22 | decision to impose the charge provided by
this
Section, the | ||||||
23 | municipal electric or gas utility or electric cooperative | ||||||
24 | shall
inform the
Department of Revenue in writing of such | ||||||
25 | decision when it begins to impose the
charge. If a municipal | ||||||
26 | electric or gas utility or electric or gas
cooperative does |
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1 | not
assess
this charge, the Department may not use funds from | ||||||
2 | the Supplemental Low-Income
Energy Assistance Fund to provide | ||||||
3 | benefits to its customers under the program
authorized by | ||||||
4 | Section 4 of this Act.
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5 | In its use of federal funds under this Act, the Department | ||||||
6 | may not cause a
disproportionate share of those federal funds | ||||||
7 | to benefit customers of systems
which do not assess the charge | ||||||
8 | provided by this Section.
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9 | This Section is repealed on January 1, 2025
unless
renewed | ||||||
10 | by action of the General Assembly.
| ||||||
11 | (Source: P.A. 99-457, eff. 1-1-16; 99-906, eff. 6-1-17; | ||||||
12 | 99-933, eff. 1-27-17; 100-863, eff. 8-14-18; 100-1171, eff. | ||||||
13 | 1-4-19.)
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14 | (305 ILCS 20/18) | ||||||
15 | Sec. 18. Financial assistance; payment plans. | ||||||
16 | (a) The Percentage of Income Payment Plan (PIPP or PIP | ||||||
17 | Plan) is hereby created as a mandatory bill payment assistance | ||||||
18 | program for low-income residential customers of utilities | ||||||
19 | serving more than 100,000 retail customers as of January 1, | ||||||
20 | 2021 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) . |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | the funding available for the year. | ||||||
2 | (d) The Department, in consultation with the Policy | ||||||
3 | Advisory Council, shall develop and implement a program to | ||||||
4 | educate customers about the PIP Plan and about their rights | ||||||
5 | and responsibilities under the percentage of income component. | ||||||
6 | The Department, in consultation with the Policy Advisory | ||||||
7 | Council, shall establish a process that LAAs shall use to | ||||||
8 | contact customers in jeopardy of losing eligibility due to | ||||||
9 | late payments. The Department shall ensure that LAAs are | ||||||
10 | adequately funded to perform all necessary educational tasks. | ||||||
11 | (e) The PIPP shall be administered in a manner which | ||||||
12 | ensures that credits to plan participants will not be counted | ||||||
13 | as income or as a resource in other means-tested assistance | ||||||
14 | programs for low-income households or otherwise result in the | ||||||
15 | loss of federal or State assistance dollars for low-income | ||||||
16 | households. | ||||||
17 | (f) In order to ensure that implementation costs are | ||||||
18 | minimized, the Department and utilities shall work together to | ||||||
19 | identify cost-effective ways to transfer information | ||||||
20 | electronically and to employ available protocols that will | ||||||
21 | minimize 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. |
| |||||||
| |||||||
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 | ||||||
22 | administrative and operational costs incurred to comply with | ||||||
23 | this Section from the Supplemental Low Income Energy | ||||||
24 | Assistance Fund. The utility may net such costs against monies | ||||||
25 | it would otherwise remit to the Funds, and each utility shall | ||||||
26 | include in the annual report required under subsection (f) of |
| |||||||
| |||||||
1 | this 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 | ||||||
5 | this Act shall be available to eligible low-income Illinois | ||||||
6 | residents who qualify for assistance under Sections 6 and 18, | ||||||
7 | regardless of immigration status, using the Supplemental | ||||||
8 | Low-Income Energy Assistance Fund for customers of utilities | ||||||
9 | and vendors that collect the Energy Assistance Charge and pay | ||||||
10 | into the Supplemental Low-Income Energy Assistance Fund.
|