Sen. Kwame Raoul
Filed: 3/23/2007
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 124
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 124 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Energy Assistance Act is amended by | ||||||
5 | changing Section 13 and by adding Section 17.5 as follows:
| ||||||
6 | (305 ILCS 20/13)
| ||||||
7 | (Section scheduled to be repealed on December 31, 2007) | ||||||
8 | Sec. 13. Supplemental Low-Income Energy Assistance Fund.
| ||||||
9 | (a) The Supplemental Low-Income Energy Assistance
Fund is | ||||||
10 | hereby created as a special fund in the State
Treasury. The | ||||||
11 | Supplemental Low-Income Energy Assistance Fund
is authorized | ||||||
12 | to receive moneys from voluntary donations from individuals, | ||||||
13 | foundations, corporations, and other sources, moneys received | ||||||
14 | pursuant to Section 17 and Section 17.5 , and, by statutory | ||||||
15 | deposit, the moneys
collected pursuant to this Section. The | ||||||
16 | Fund is also authorized to receive voluntary donations from |
| |||||||
| |||||||
1 | individuals, foundations, corporations, and other sources, as | ||||||
2 | well as contributions made in accordance with Section 507MM of | ||||||
3 | the Illinois Income Tax Act. Subject to appropriation,
the | ||||||
4 | Department shall use
moneys from the Supplemental Low-Income | ||||||
5 | Energy Assistance Fund
for payments to electric or gas public | ||||||
6 | utilities,
municipal electric or gas utilities, and electric | ||||||
7 | cooperatives
on behalf of their customers who are participants | ||||||
8 | in the
program authorized by Section 4 of this Act, for the | ||||||
9 | provision of
weatherization services and for
administration of | ||||||
10 | the Supplemental Low-Income Energy
Assistance Fund. The yearly | ||||||
11 | expenditures for weatherization may not exceed 10%
of the | ||||||
12 | amount collected during the year pursuant to this Section. The | ||||||
13 | yearly administrative expenses of the
Supplemental Low-Income | ||||||
14 | Energy Assistance Fund may not exceed
10% of the amount | ||||||
15 | collected during that year
pursuant to this Section.
| ||||||
16 | (b) Notwithstanding the provisions of Section 16-111
of the | ||||||
17 | Public Utilities Act but subject to subsection (k) of this | ||||||
18 | Section,
each public utility, electric
cooperative, as defined | ||||||
19 | in Section 3.4 of the Electric Supplier Act,
and municipal | ||||||
20 | utility, as referenced in Section 3-105 of the Public Utilities
| ||||||
21 | Act, that is engaged in the delivery of electricity or the
| ||||||
22 | distribution of natural gas within the State of Illinois
shall, | ||||||
23 | effective January 1, 1998,
assess each of
its customer accounts | ||||||
24 | a monthly Energy Assistance Charge for
the Supplemental | ||||||
25 | Low-Income Energy Assistance Fund.
The delivering public | ||||||
26 | utility, municipal electric or gas utility, or electric
or gas
|
| |||||||
| |||||||
1 | cooperative for a self-assessing purchaser remains subject to | ||||||
2 | the collection of
the
fee imposed by this Section.
The
monthly | ||||||
3 | charge shall be as follows:
| ||||||
4 | (1) $0.40 per month on each account for
residential | ||||||
5 | electric service;
| ||||||
6 | (2) $0.40 per month on each account for
residential gas | ||||||
7 | service;
| ||||||
8 | (3) $4 per month on each account for non-residential | ||||||
9 | electric service
which had less than 10 megawatts
of peak | ||||||
10 | demand during the previous calendar year;
| ||||||
11 | (4) $4 per month on each account for non-residential | ||||||
12 | gas service which
had distributed to it less than
4,000,000 | ||||||
13 | therms of gas during the previous calendar year;
| ||||||
14 | (5) $300 per month on each account for non-residential | ||||||
15 | electric service
which had 10 megawatts or greater
of peak | ||||||
16 | demand during the previous calendar year; and
| ||||||
17 | (6) $300 per month on each account for non-residential | ||||||
18 | gas service
which had 4,000,000 or more therms of
gas | ||||||
19 | distributed to it during the previous calendar year.
| ||||||
20 | (c) For purposes of this Section:
| ||||||
21 | (1) "residential electric service" means
electric | ||||||
22 | utility service for household purposes delivered to a
| ||||||
23 | dwelling of 2 or fewer units which is billed under a
| ||||||
24 | residential rate, or electric utility service for | ||||||
25 | household
purposes delivered to a dwelling unit or units | ||||||
26 | which is billed
under a residential rate and is registered |
| |||||||
| |||||||
1 | by a separate meter
for each dwelling unit;
| ||||||
2 | (2) "residential gas service" means gas utility
| ||||||
3 | service for household purposes distributed to a dwelling of
| ||||||
4 | 2 or fewer units which is billed under a residential rate,
| ||||||
5 | or gas utility service for household purposes distributed | ||||||
6 | to a
dwelling unit or units which is billed under a | ||||||
7 | residential
rate and is registered by a separate meter for | ||||||
8 | each dwelling
unit;
| ||||||
9 | (3) "non-residential electric service" means
electric | ||||||
10 | utility service which is not residential electric
service; | ||||||
11 | and
| ||||||
12 | (4) "non-residential gas service" means gas
utility | ||||||
13 | service which is not residential gas service.
| ||||||
14 | (d) At least 45 days prior to the date on which it
must | ||||||
15 | begin assessing Energy Assistance Charges, each public
utility | ||||||
16 | engaged in the delivery of electricity or the
distribution of | ||||||
17 | natural gas shall file with the Illinois
Commerce Commission | ||||||
18 | tariffs incorporating the Energy
Assistance Charge in other | ||||||
19 | charges stated in such tariffs.
| ||||||
20 | (e) The Energy Assistance Charge assessed by
electric and | ||||||
21 | gas public utilities shall be considered a charge
for public | ||||||
22 | utility service.
| ||||||
23 | (f) By the 20th day of the month following the month in | ||||||
24 | which the charges
imposed by the Section were collected, each | ||||||
25 | public
utility,
municipal utility, and electric cooperative | ||||||
26 | shall remit to the
Department of Revenue all moneys received as |
| |||||||
| |||||||
1 | payment of the
Energy Assistance Charge on a return prescribed | ||||||
2 | and furnished by the
Department of Revenue showing such | ||||||
3 | information as the Department of Revenue may
reasonably | ||||||
4 | require. If a customer makes a partial payment, a public
| ||||||
5 | utility, municipal
utility, or electric cooperative may elect | ||||||
6 | either: (i) to apply
such partial payments first to amounts | ||||||
7 | owed to the
utility or cooperative for its services and then to | ||||||
8 | payment
for the Energy Assistance Charge or (ii) to apply such | ||||||
9 | partial payments
on a pro-rata basis between amounts owed to | ||||||
10 | the
utility or cooperative for its services and to payment for | ||||||
11 | the
Energy Assistance Charge.
| ||||||
12 | (g) The Department of Revenue shall deposit into the
| ||||||
13 | Supplemental Low-Income Energy Assistance Fund all moneys
| ||||||
14 | remitted to it in accordance with subsection (f) of this
| ||||||
15 | Section.
| ||||||
16 | (h) (Blank).
| ||||||
17 | On or before December 31, 2002, the Department shall
| ||||||
18 | prepare a report for the General Assembly on the expenditure of | ||||||
19 | funds
appropriated from the Low-Income Energy Assistance Block | ||||||
20 | Grant Fund for the
program authorized under Section 4 of this | ||||||
21 | Act.
| ||||||
22 | (i) The Department of Revenue may establish such
rules as | ||||||
23 | it deems necessary to implement this Section.
| ||||||
24 | (j) The Department of Healthcare and Family Services | ||||||
25 | Economic Opportunity
may establish such rules as it deems | ||||||
26 | necessary to implement
this Section.
|
| |||||||
| |||||||
1 | (k) The charges imposed by this Section shall only apply to | ||||||
2 | customers of
municipal electric or gas utilities and electric | ||||||
3 | or gas cooperatives if
the municipal
electric or gas
utility or | ||||||
4 | electric or gas cooperative makes an affirmative decision to
| ||||||
5 | impose the
charge. If a municipal electric or gas utility or an | ||||||
6 | electric
cooperative makes an affirmative decision to impose | ||||||
7 | the charge provided by
this
Section, the municipal electric or | ||||||
8 | gas utility or electric cooperative shall
inform the
Department | ||||||
9 | of Revenue in writing of such decision when it begins to impose | ||||||
10 | the
charge. If a municipal electric or gas utility or electric | ||||||
11 | or gas
cooperative does not
assess
this charge, the Department | ||||||
12 | may not use funds from the Supplemental Low-Income
Energy | ||||||
13 | Assistance Fund to provide benefits to its customers under the | ||||||
14 | program
authorized by Section 4 of this Act.
| ||||||
15 | In its use of federal funds under this Act, the Department | ||||||
16 | may not cause a
disproportionate share of those federal funds | ||||||
17 | to benefit customers of systems
which do not assess the charge | ||||||
18 | provided by this Section.
| ||||||
19 | This Section is repealed effective December 31, 2008
2007 | ||||||
20 | unless
renewed by action of the General Assembly. The General | ||||||
21 | Assembly shall
consider the results of the evaluations | ||||||
22 | described in Section 8 in its
deliberations.
| ||||||
23 | (Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06; | ||||||
24 | 94-817, eff. 5-30-06; revised 8-3-06.)
| ||||||
25 | (305 ILCS 20/17.5 new) |
| |||||||
| |||||||
1 | Sec. 17.5. Additional transfer into Supplemental | ||||||
2 | Low-Income
Energy Assistance Fund. Immediately upon the | ||||||
3 | effective date of this amendatory Act of the 95th General | ||||||
4 | Assembly, but no later than 5 business days after that | ||||||
5 | effective date, the Treasurer of the State of Illinois shall | ||||||
6 | transfer into the Supplemental Low-Income
Energy Assistance | ||||||
7 | Fund 50% of the average amount of Gas Revenue Tax paid per | ||||||
8 | residential gas utility customer in State fiscal year 2006 | ||||||
9 | multiplied by the number of residential gas utility customers | ||||||
10 | that received assistance from the Low Income Home Energy | ||||||
11 | Assistance Program during the State fiscal year 2006 winter | ||||||
12 | heating season.
| ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
|