Full Text of HB0295 95th General Assembly
HB0295 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0295
Introduced 1/19/2007, by Rep. Marlow H. Colvin SYNOPSIS AS INTRODUCED: |
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Amends the Energy Assistance Act. Changes the repeal date of provisions creating the Supplemental Low-Income Energy Assistance Fund from December 31, 2007 to December 31, 2013. Effective immediately.
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A BILL FOR
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HB0295 |
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LRB095 04479 DRJ 24526 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 | 5 |
| Section 13 as follows:
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| (305 ILCS 20/13)
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| (Section scheduled to be repealed on December 31, 2007) | 8 |
| Sec. 13. Supplemental Low-Income Energy Assistance Fund.
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| (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, by statutory deposit, the moneys
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| collected pursuant to this Section. The Fund is also authorized | 16 |
| to receive voluntary donations from individuals, foundations, | 17 |
| corporations, and other sources, as well as contributions made | 18 |
| in accordance with Section 507MM of the Illinois Income Tax | 19 |
| Act. Subject to appropriation,
the Department shall use
moneys | 20 |
| from the Supplemental Low-Income Energy Assistance Fund
for | 21 |
| payments to electric or gas public utilities,
municipal | 22 |
| electric or gas utilities, and electric cooperatives
on behalf | 23 |
| of their customers who are participants in the
program |
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HB0295 |
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LRB095 04479 DRJ 24526 b |
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| authorized by Section 4 of this Act, for the provision of
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| weatherization services and for
administration of the | 3 |
| Supplemental Low-Income Energy
Assistance Fund. The yearly | 4 |
| expenditures for weatherization may not exceed 10%
of the | 5 |
| amount collected during the year pursuant to this Section. The | 6 |
| yearly administrative expenses of the
Supplemental Low-Income | 7 |
| Energy Assistance Fund may not exceed
10% of the amount | 8 |
| collected during that year
pursuant to this Section.
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| (b) Notwithstanding the provisions of Section 16-111
of the | 10 |
| Public Utilities Act but subject to subsection (k) of this | 11 |
| Section,
each public utility, electric
cooperative, as defined | 12 |
| in Section 3.4 of the Electric Supplier Act,
and municipal | 13 |
| utility, as referenced in Section 3-105 of the Public Utilities
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| Act, that is engaged in the delivery of electricity or the
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| distribution of natural gas within the State of Illinois
shall, | 16 |
| effective January 1, 1998,
assess each of
its customer accounts | 17 |
| a monthly Energy Assistance Charge for
the Supplemental | 18 |
| Low-Income Energy Assistance Fund.
The delivering public | 19 |
| utility, municipal electric or gas utility, or electric
or gas
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| cooperative for a self-assessing purchaser remains subject to | 21 |
| the collection of
the
fee imposed by this Section.
The
monthly | 22 |
| charge shall be as follows:
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| (1) $0.40 per month on each account for
residential | 24 |
| electric service;
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| (2) $0.40 per month on each account for
residential gas | 26 |
| service;
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HB0295 |
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LRB095 04479 DRJ 24526 b |
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| (3) $4 per month on each account for non-residential | 2 |
| electric service
which had less than 10 megawatts
of peak | 3 |
| demand during the previous calendar year;
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| (4) $4 per month on each account for non-residential | 5 |
| gas service which
had distributed to it less than
4,000,000 | 6 |
| therms of gas during the previous calendar year;
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| (5) $300 per month on each account for non-residential | 8 |
| electric service
which had 10 megawatts or greater
of peak | 9 |
| demand during the previous calendar year; and
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| (6) $300 per month on each account for non-residential | 11 |
| gas service
which had 4,000,000 or more therms of
gas | 12 |
| distributed to it during the previous calendar year.
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| (c) For purposes of this Section:
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| (1) "residential electric service" means
electric | 15 |
| 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 | 18 |
| household
purposes delivered to a dwelling unit or units | 19 |
| which is billed
under a residential rate and is registered | 20 |
| 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
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| 2 or fewer units which is billed under a residential rate,
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| or gas utility service for household purposes distributed | 25 |
| to a
dwelling unit or units which is billed under a | 26 |
| residential
rate and is registered by a separate meter for |
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HB0295 |
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LRB095 04479 DRJ 24526 b |
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| each dwelling
unit;
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| (3) "non-residential electric service" means
electric | 3 |
| utility service which is not residential electric
service; | 4 |
| and
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| (4) "non-residential gas service" means gas
utility | 6 |
| service which is not residential gas service.
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| (d) At least 45 days prior to the date on which it
must | 8 |
| begin assessing Energy Assistance Charges, each public
utility | 9 |
| engaged in the delivery of electricity or the
distribution of | 10 |
| natural gas shall file with the Illinois
Commerce Commission | 11 |
| tariffs incorporating the Energy
Assistance Charge in other | 12 |
| charges stated in such tariffs.
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| (e) The Energy Assistance Charge assessed by
electric and | 14 |
| gas public utilities shall be considered a charge
for public | 15 |
| utility service.
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| (f) By the 20th day of the month following the month in | 17 |
| which the charges
imposed by the Section were collected, each | 18 |
| public
utility,
municipal utility, and electric cooperative | 19 |
| shall remit to the
Department of Revenue all moneys received as | 20 |
| payment of the
Energy Assistance Charge on a return prescribed | 21 |
| and furnished by the
Department of Revenue showing such | 22 |
| information as the Department of Revenue may
reasonably | 23 |
| require. If a customer makes a partial payment, a public
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| utility, municipal
utility, or electric cooperative may elect | 25 |
| either: (i) to apply
such partial payments first to amounts | 26 |
| owed to the
utility or cooperative for its services and then to |
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HB0295 |
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LRB095 04479 DRJ 24526 b |
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| payment
for the Energy Assistance Charge or (ii) to apply such | 2 |
| partial payments
on a pro-rata basis between amounts owed to | 3 |
| the
utility or cooperative for its services and to payment for | 4 |
| the
Energy Assistance Charge.
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| (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.
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| (h) (Blank).
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| On or before December 31, 2002, the Department shall
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| prepare a report for the General Assembly on the expenditure of | 12 |
| funds
appropriated from the Low-Income Energy Assistance Block | 13 |
| Grant Fund for the
program authorized under Section 4 of this | 14 |
| Act.
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| (i) The Department of Revenue may establish such
rules as | 16 |
| it deems necessary to implement this Section.
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| (j) The Department of Healthcare and Family Services | 18 |
| Economic Opportunity
may establish such rules as it deems | 19 |
| necessary to implement
this Section.
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| (k) The charges imposed by this Section shall only apply to | 21 |
| customers of
municipal electric or gas utilities and electric | 22 |
| or gas cooperatives if
the municipal
electric or gas
utility or | 23 |
| electric or gas cooperative makes an affirmative decision to
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| impose the
charge. If a municipal electric or gas utility or an | 25 |
| electric
cooperative makes an affirmative decision to impose | 26 |
| the charge provided by
this
Section, the municipal electric or |
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HB0295 |
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LRB095 04479 DRJ 24526 b |
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| gas utility or electric cooperative shall
inform the
Department | 2 |
| of Revenue in writing of such decision when it begins to impose | 3 |
| the
charge. If a municipal electric or gas utility or electric | 4 |
| or gas
cooperative does not
assess
this charge, the Department | 5 |
| may not use funds from the Supplemental Low-Income
Energy | 6 |
| Assistance Fund to provide benefits to its customers under the | 7 |
| program
authorized by Section 4 of this Act.
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| In its use of federal funds under this Act, the Department | 9 |
| may not cause a
disproportionate share of those federal funds | 10 |
| to benefit customers of systems
which do not assess the charge | 11 |
| provided by this Section.
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| This Section is repealed effective December 31, 2013
2007
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| unless
renewed by action of the General Assembly. The General | 14 |
| Assembly shall
consider the results of the evaluations | 15 |
| described in Section 8 in its
deliberations.
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| (Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06; | 17 |
| 94-817, eff. 5-30-06; revised 8-3-06.)
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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law. |
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