Full Text of SB3324 99th General Assembly
SB3324sam001 99TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 3/16/2016
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| 1 | | AMENDMENT TO SENATE BILL 3324
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3324 on page 1, by | 3 | | replacing lines 4 through 6 with the following:
| 4 | | "Section 5. The Renewable Energy, Energy Efficiency, and | 5 | | Coal Resources
Development Law of 1997 is amended by changing | 6 | | Section 6-5 and by adding Section 6-8 as follows:
| 7 | | (20 ILCS 687/6-5)
| 8 | | (Section scheduled to be repealed on December 31, 2020)
| 9 | | Sec. 6-5. Renewable Energy Resources and Coal Technology
| 10 | | Development Assistance Charge. | 11 | | (a) Notwithstanding the provisions of Section 16-111 of the | 12 | | Public
Utilities
Act but subject to subsection (e) of this | 13 | | Section,
each
public utility, electric cooperative, as defined | 14 | | in Section 3.4 of the Electric
Supplier
Act, and municipal | 15 | | utility, as referenced in Section 3-105 of the Public
Utilities | 16 | | Act,
that is engaged in the delivery of electricity or the |
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| 1 | | distribution of natural
gas within
the State of Illinois shall, | 2 | | effective January 1, 1998, assess each of its
customer
accounts | 3 | | a monthly Renewable Energy Resources and Coal Technology
| 4 | | Development Assistance Charge. The delivering public utility, | 5 | | municipal
electric or
gas utility, or electric or gas | 6 | | cooperative for a self-assessing purchaser
remains
subject to | 7 | | the collection of the fee imposed by this Section. The monthly
| 8 | | charge
shall be as follows:
| 9 | | (1) $0.05 per month on each account for residential
| 10 | | electric service as defined in Section 13 of the Energy
| 11 | | Assistance Act;
| 12 | | (2) $0.05 per month on each account for residential
gas | 13 | | service as defined in Section 13 of the
Energy Assistance | 14 | | Act;
| 15 | | (3) $0.50 per month on each account for
nonresidential | 16 | | electric service, as defined in Section 13
of the Energy | 17 | | Assistance Act, which had less than 10
megawatts of peak | 18 | | demand during the previous calendar
year;
| 19 | | (4) $0.50 per month on each account for
nonresidential | 20 | | gas service, as defined in Section 13 of
the Energy | 21 | | Assistance Act, which had distributed to it
less than | 22 | | 4,000,000
therms of gas during the previous calendar year;
| 23 | | (5) $37.50 per month on each account for
nonresidential | 24 | | electric service, as defined in Section 13
of the Energy | 25 | | Assistance Act, which had 10 megawatts
or greater of peak | 26 | | demand during the previous calendar
year; and
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| 1 | | (6) $37.50 per month on each account for
nonresidential | 2 | | gas service, as defined in Section 13 of
the Energy | 3 | | Assistance Act, which had 4,000,000 or
more therms of gas | 4 | | distributed to it during the previous
calendar year.
| 5 | | (b) The Renewable Energy Resources and Coal Technology | 6 | | Development
Assistance
Charge assessed by electric and gas | 7 | | public utilities shall be considered a
charge
for public | 8 | | utility service.
| 9 | | (c) Fifty percent of the moneys collected pursuant to
this | 10 | | Section shall be deposited in the Renewable Energy
Resources | 11 | | Trust Fund by the Department of Revenue. The remaining 50 | 12 | | percent
of the moneys
collected pursuant to this Section shall | 13 | | be deposited in the
Coal Technology Development Assistance Fund | 14 | | by the Department of Revenue
for the exclusive purposes of (1) | 15 | | capturing or sequestering carbon emissions produced by coal | 16 | | combustion; (2) supporting research on the capture and | 17 | | sequestration of carbon emissions produced by coal combustion; | 18 | | and (3) improving coal miner safety.
| 19 | | (d) By the 20th day of the month following the month in | 20 | | which the charges
imposed by this Section were collected, each | 21 | | utility
and alternative retail electric
supplier collecting | 22 | | charges
pursuant to this Section shall remit
to the Department | 23 | | of Revenue for deposit in the
Renewable Energy Resources Trust | 24 | | Fund and the Coal Technology Development
Assistance Fund all
| 25 | | moneys received as payment of the charge provided for in this
| 26 | | Section on a return prescribed and furnished by the Department |
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| 1 | | of Revenue
showing such information as the Department of | 2 | | Revenue may reasonably require.
| 3 | | If any payment provided for in this Section exceeds the | 4 | | utility or alternate retail electric supplier's liabilities | 5 | | under this Act, as shown on an original return, the utility or | 6 | | alternative retail electric supplier may credit the excess | 7 | | payment against liability subsequently to be remitted to the | 8 | | Department of Revenue under this Act. | 9 | | (e) The charges imposed by this Section shall only apply
to | 10 | | customers of municipal electric or gas utilities and electric | 11 | | or gas
cooperatives if the municipal electric or gas utility or | 12 | | electric or
gas
cooperative makes an affirmative decision to | 13 | | impose the
charge.
If a municipal electric or gas utility or an | 14 | | electric or gas cooperative
makes an
affirmative decision to | 15 | | impose the charge provided by this Section, the
municipal
| 16 | | electric or gas utility or electric or gas cooperative shall | 17 | | inform the
Department of
Revenue in writing of such decision | 18 | | when it begins to impose the charge.
If a municipal electric or | 19 | | gas utility or electric or gas
cooperative does not assess this | 20 | | charge, its customers shall
not be eligible for the Renewable | 21 | | Energy Resources Program.
| 22 | | (f) The Department of Revenue may establish such rules as | 23 | | it deems
necessary to implement this Section.
| 24 | | (Source: P.A. 95-481, eff. 8-28-07 .)"; and
| 25 | | on page 1, line 9, by deleting " 3, "; and |
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| 1 | | on page 1, line 10, immediately after " 10, ", by inserting " 11, | 2 | | 11a, 12, "; and | 3 | | on page 108, by replacing lines 10 and 11 with the following: | 4 | | "Section 90. The Energy Assistance Act is amended by | 5 | | changing Section 13 and by adding Section 19 as follows:
| 6 | | (305 ILCS 20/13)
| 7 | | (Section scheduled to be repealed on December 31, 2018) | 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, by statutory deposit, the moneys
| 15 | | 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 |
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| 1 | | of their customers who are participants in the
program | 2 | | authorized by Sections 4 and 18 of this Act, for the provision | 3 | | of
weatherization services and for
administration of the | 4 | | Supplemental Low-Income Energy
Assistance Fund. The yearly | 5 | | expenditures for weatherization may not exceed 10%
of the | 6 | | amount collected during the year pursuant to this Section. The | 7 | | yearly administrative expenses of the
Supplemental Low-Income | 8 | | Energy Assistance Fund may not exceed
10% of the amount | 9 | | collected during that year
pursuant to this Section, except | 10 | | when unspent funds from the Supplemental Low-Income Energy | 11 | | Assistance Fund are reallocated from a previous year; any | 12 | | unspent balance of the 10% administrative allowance may be | 13 | | utilized for administrative expenses in the year they are | 14 | | reallocated.
| 15 | | (b) Notwithstanding the provisions of Section 16-111
of the | 16 | | Public Utilities Act but subject to subsection (k) of this | 17 | | Section,
each public utility, electric
cooperative, as defined | 18 | | in Section 3.4 of the Electric Supplier Act,
and municipal | 19 | | utility, as referenced in Section 3-105 of the Public Utilities
| 20 | | Act, that is engaged in the delivery of electricity or the
| 21 | | distribution of natural gas within the State of Illinois
shall, | 22 | | effective January 1, 1998,
assess each of
its customer accounts | 23 | | a monthly Energy Assistance Charge for
the Supplemental | 24 | | Low-Income Energy Assistance Fund.
The delivering public | 25 | | utility, municipal electric or gas utility, or electric
or gas
| 26 | | cooperative for a self-assessing purchaser remains subject to |
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| 1 | | the collection of
the
fee imposed by this Section.
The
monthly | 2 | | charge shall be as follows:
| 3 | | (1) $0.48 per month on each account for
residential | 4 | | electric service;
| 5 | | (2) $0.48 per month on each account for
residential gas | 6 | | service;
| 7 | | (3) $4.80 per month on each account for non-residential | 8 | | electric service
which had less than 10 megawatts
of peak | 9 | | demand during the previous calendar year;
| 10 | | (4) $4.80 per month on each account for non-residential | 11 | | gas service which
had distributed to it less than
4,000,000 | 12 | | therms of gas during the previous calendar year;
| 13 | | (5) $360 per month on each account for non-residential | 14 | | electric service
which had 10 megawatts or greater
of peak | 15 | | demand during the previous calendar year; and
| 16 | | (6) $360 per month on each account for non-residential | 17 | | gas service
which had 4,000,000 or more therms of
gas | 18 | | distributed to it during the previous calendar year. | 19 | | The incremental change to such charges imposed by this | 20 | | amendatory Act of the 96th General Assembly shall not (i) be | 21 | | used for any purpose other than to directly assist customers | 22 | | and (ii) be applicable to utilities serving less than 100,000 | 23 | | customers in Illinois on January 1, 2009. | 24 | | In addition, electric and gas utilities have committed, and | 25 | | shall contribute, a one-time payment of $22 million to the | 26 | | Fund, within 10 days after the effective date of the tariffs |
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| 1 | | established pursuant to Sections 16-111.8 and 19-145 of the | 2 | | Public Utilities Act to be used for the Department's cost of | 3 | | implementing the programs described in Section 18 of this | 4 | | amendatory Act of the 96th General Assembly, the Arrearage | 5 | | Reduction Program described in Section 18, and the programs | 6 | | described in Section 8-105 of the Public Utilities Act. If a | 7 | | utility elects not to file a rider within 90 days after the | 8 | | effective date of this amendatory Act of the 96th General | 9 | | Assembly, then the contribution from such utility shall be made | 10 | | no later than February 1, 2010.
| 11 | | (c) For purposes of this Section:
| 12 | | (1) "residential electric service" means
electric | 13 | | utility service for household purposes delivered to a
| 14 | | dwelling of 2 or fewer units which is billed under a
| 15 | | residential rate, or electric utility service for | 16 | | household
purposes delivered to a dwelling unit or units | 17 | | which is billed
under a residential rate and is registered | 18 | | by a separate meter
for each dwelling unit;
| 19 | | (2) "residential gas service" means gas utility
| 20 | | service for household purposes distributed to a dwelling of
| 21 | | 2 or fewer units which is billed under a residential rate,
| 22 | | or gas utility service for household purposes distributed | 23 | | to a
dwelling unit or units which is billed under a | 24 | | residential
rate and is registered by a separate meter for | 25 | | each dwelling
unit;
| 26 | | (3) "non-residential electric service" means
electric |
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| 1 | | utility service which is not residential electric
service; | 2 | | and
| 3 | | (4) "non-residential gas service" means gas
utility | 4 | | service which is not residential gas service.
| 5 | | (d) Within 30 days after the effective date of this | 6 | | amendatory Act of the 96th General Assembly, each public
| 7 | | utility engaged in the delivery of electricity or the
| 8 | | distribution of natural gas shall file with the Illinois
| 9 | | Commerce Commission tariffs incorporating the Energy
| 10 | | Assistance Charge in other charges stated in such tariffs, | 11 | | which shall become effective no later than the beginning of the | 12 | | first billing cycle following such filing.
| 13 | | (e) The Energy Assistance Charge assessed by
electric and | 14 | | gas public utilities shall be considered a charge
for public | 15 | | utility service.
| 16 | | (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; provided, however, that a utility offering an | 24 | | Arrearage Reduction Program pursuant to Section 18 of this Act | 25 | | shall be entitled to net those amounts necessary to fund and | 26 | | recover the costs of such Program as authorized by that Section |
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| 1 | | that is no more than the incremental change in such Energy | 2 | | Assistance Charge authorized by this amendatory Act of the 96th | 3 | | General Assembly. If a customer makes a partial payment, a | 4 | | public
utility, municipal
utility, or electric cooperative may | 5 | | elect either: (i) to apply
such partial payments first to | 6 | | amounts owed to the
utility or cooperative for its services and | 7 | | then to payment
for the Energy Assistance Charge or (ii) to | 8 | | apply such partial payments
on a pro-rata basis between amounts | 9 | | owed to the
utility or cooperative for its services and to | 10 | | payment for the
Energy Assistance Charge.
| 11 | | If any payment provided for in this Section exceeds the | 12 | | public utility, municipal utility, or electric cooperative's | 13 | | liabilities under this Act, as shown on an original return, the | 14 | | public utility, municipal utility, or electric cooperative may | 15 | | credit the excess payment against liability subsequently to be | 16 | | remitted to the Department of Revenue under this Act. | 17 | | (g) The Department of Revenue shall deposit into the
| 18 | | Supplemental Low-Income Energy Assistance Fund all moneys
| 19 | | remitted to it in accordance with subsection (f) of this
| 20 | | Section; provided, however, that the amounts remitted by each | 21 | | utility shall be used to provide assistance to that utility's | 22 | | customers. The utilities shall coordinate with the Department | 23 | | to establish an equitable and practical methodology for | 24 | | implementing this subsection (g) beginning with the 2010 | 25 | | program year.
| 26 | | (h) On or before December 31, 2002, the Department shall
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| 1 | | prepare a report for the General Assembly on the expenditure of | 2 | | funds
appropriated from the Low-Income Energy Assistance Block | 3 | | Grant Fund for the
program authorized under Section 4 of this | 4 | | Act.
| 5 | | (i) The Department of Revenue may establish such
rules as | 6 | | it deems necessary to implement this Section.
| 7 | | (j) The Department of Commerce and Economic Opportunity
may | 8 | | establish such rules as it deems necessary to implement
this | 9 | | Section.
| 10 | | (k) The charges imposed by this Section shall only apply to | 11 | | customers of
municipal electric or gas utilities and electric | 12 | | or gas cooperatives if
the municipal
electric or gas
utility or | 13 | | electric or gas cooperative makes an affirmative decision to
| 14 | | impose the
charge. If a municipal electric or gas utility or an | 15 | | electric
cooperative makes an affirmative decision to impose | 16 | | the charge provided by
this
Section, the municipal electric or | 17 | | gas utility or electric cooperative shall
inform the
Department | 18 | | of Revenue in writing of such decision when it begins to impose | 19 | | the
charge. If a municipal electric or gas utility or electric | 20 | | or gas
cooperative does not
assess
this charge, the Department | 21 | | may not use funds from the Supplemental Low-Income
Energy | 22 | | Assistance Fund to provide benefits to its customers under the | 23 | | program
authorized by Section 4 of this Act.
| 24 | | In its use of federal funds under this Act, the Department | 25 | | may not cause a
disproportionate share of those federal funds | 26 | | to benefit customers of systems
which do not assess the charge |
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| 1 | | provided by this Section.
| 2 | | This Section is repealed effective December 31, 2018
unless
| 3 | | renewed by action of the General Assembly. The General Assembly | 4 | | shall
consider the results of the evaluations described in | 5 | | Section 8 in its
deliberations.
| 6 | | (Source: P.A. 98-429, eff. 8-16-13; 99-457, eff. 1-1-16 .)"; and
| 7 | | on page 108, line 14, by deleting " 3, "; and | 8 | | on page 108, line 15, immediately after " 10, ", by inserting | 9 | | " 11, 11a, 12, ".
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