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90_SB1265enr
305 ILCS 20/14
Amends the Energy Assistance Act of 1989. Provides that
the Energy Assistance Program Design Group shall have 13
members.
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SB1265 Enrolled LRB9009114YYmg
1 AN ACT concerning energy.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Renewable Energy, Energy Efficiency, and
5 Coal Resources Development Law of 1997 is amended by changing
6 Sections 6-5 and 6-6 as follows:
7 (20 ILCS 687/6-5)
8 (Section scheduled to be repealed on December 16, 2007)
9 Sec. 6-5. Renewable Energy Resources and Coal Technology
10 Development Assistance Charge.
11 (a) Notwithstanding the provisions of Section 16-111 of
12 the Public Utilities Act but subject to subsection (e) of
13 this Section, each public utility, electric cooperative, as
14 defined in Section 3.4 of the Electric Supplier Act, and
15 municipal utility, as referenced in Section 3-105 of the
16 Public Utilities Act, that is engaged in the delivery of
17 electricity or the distribution of natural gas within the
18 State of Illinois shall, effective January 1, 1998, assess
19 each of its customer accounts a monthly Renewable Energy
20 Resources and Coal Technology Development Assistance Charge.
21 The delivering public utility, municipal electric or gas
22 utility, or electric or gas cooperative for a self-assessing
23 purchaser remains subject to the collection of the fee
24 imposed by this Section. The monthly charge shall be as
25 follows Beginning January 1, 1998, the following charges
26 shall be imposed:
27 (1) $0.05 per month on each account for residential
28 electric service as defined in Section 13 of the Energy
29 Assistance Act of 1989;
30 (2) $0.05 per month on each account for residential
31 gas service as defined in Section 13 of the Energy
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1 Assistance Act of 1989;
2 (3) $0.50 per month on each account for
3 nonresidential electric service, as defined in Section 13
4 of the Energy Assistance Act of 1989, which had taking
5 less than 10 megawatts of peak demand during the previous
6 calendar year;
7 (4) $0.50 per month on each account for
8 nonresidential gas service, as defined in Section 13 of
9 the Energy Assistance Act of 1989, which had distributed
10 to it taking less than 4,000,000 therms of gas during the
11 previous calendar year;
12 (5) $37.50 per month on each account for
13 nonresidential electric service, as defined in Section 13
14 of the Energy Assistance Act of 1989, which had taking 10
15 megawatts or greater of peak demand during the previous
16 calendar year; and
17 (6) $37.50 per month on each account for
18 nonresidential gas service, as defined in Section 13 of
19 the Energy Assistance Act of 1989, which had taking
20 4,000,000 or more therms of gas distributed to it during
21 the previous calendar year.
22 (b) The Renewable Energy Resources and Coal Technology
23 Development Assistance Charge assessed by electric and gas
24 public utilities shall be considered a charge for public
25 utility service Except as provided in subsection (e) of this
26 Section, this charge is to be collected by electric and gas
27 utilities, whether owned by investors, municipalities or
28 cooperatives, and alternative retail electric suppliers on a
29 monthly basis from their respective customers.
30 (c) Fifty percent of the moneys collected pursuant to
31 this Section shall be deposited in the Renewable Energy
32 Resources Trust Fund by the Department of Revenue. The
33 remaining 50 percent of the moneys collected pursuant to this
34 Section shall be deposited in the Coal Technology Development
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1 Assistance Fund by the Department of Revenue for use under
2 the Illinois Coal Technology Development Assistance Act.
3 (d) By the 20th day of the month following the month in
4 which the charges imposed by this Section were collected On a
5 monthly basis, each utility and alternative retail electric
6 supplier collecting charges pursuant to this Section shall
7 remit to the Department of Revenue for deposit in the
8 Renewable Energy Resources Trust Fund and the Coal Technology
9 Development Assistance Fund all moneys received as payment of
10 the charge provided for in this Section on a return
11 prescribed and furnished by the Department of Revenue showing
12 such information as the Department of Revenue may reasonably
13 require.
14 (e) The charges imposed by this Section shall only apply
15 to customers of municipal electric or gas utilities and
16 electric or gas cooperatives if the municipal electric or gas
17 utility or electric or gas cooperative makes an affirmative
18 decision to impose the charge. If a municipal electric or gas
19 utility or an electric or gas cooperative makes an
20 affirmative decision to impose the charge provided by this
21 Section, the municipal electric or gas utility or electric or
22 gas cooperative shall inform the Department of Revenue in
23 writing of such decision when it begins to impose the charge.
24 If a municipal electric or gas utility or electric or gas
25 cooperative does not assess this charge, its customers shall
26 not be eligible for the Renewable Energy Resources Program.
27 (f) The Department of Revenue may establish such rules
28 as it deems necessary to implement this Section.
29 (Source: P.A. 90-561, eff. 12-16-97.)
30 (20 ILCS 687/6-6)
31 (Section scheduled to be repealed on December 16, 2007)
32 Sec. 6-6. Energy efficiency program.
33 (a) For the year beginning January 1, 1998, and
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1 thereafter as provided in this Section, each electric utility
2 as defined in Section 3-105 of the Public Utilities Act and
3 each alternative retail electric supplier as defined in
4 Section 16-102 of the Public Utilities Act supplying electric
5 power and energy to retail customers located in the State of
6 Illinois shall contribute annually to the Department a pro
7 rata share of a total amount of $3,000,000 based upon the
8 number of kilowatt-hours sold by each such entity in the 12
9 months preceding the year of contribution. On or before May
10 1 of each year, the Illinois Commerce Commission shall
11 determine and notify the Department of Commerce and Community
12 Affairs of the pro rata share owed by each electric utility
13 and each alternative retail electric supplier based upon
14 information supplied annually to the Illinois Commerce
15 Commission. On or before June 1 of each year, the Department
16 of Commerce and Community Affairs shall send written
17 notification to each electric utility and each alternative
18 retail electric supplier of the amount of pro rata share they
19 owe. These contributions shall be remitted to the Department
20 of Revenue on or before June 30 of each year the contribution
21 is due on a return prescribed and furnished by the Department
22 of Revenue showing such information as the Department of
23 Revenue may reasonably require. The funds received by the
24 Department pursuant to this Section shall be subject to the
25 appropriation of funds by the General Assembly. The
26 Department of Revenue shall place the funds remitted under
27 this Section in a trust fund, that is hereby created in the
28 State Treasury, called the Energy Efficiency Trust Fund. If
29 an electric utility or alternative retail electric supplier
30 does not remit its pro rata share to the Department of
31 Revenue, the Department of Revenue must inform the Illinois
32 Commerce Commission of such failure. The Illinois Commerce
33 Commission may then revoke the certification of that electric
34 utility or alternative retail electric supplier. The
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1 Illinois Commerce Commission may not renew the certification
2 of any electric utility or alternative retail electric
3 supplier that is delinquent in paying its pro rata share.
4 (b) The Department of Commerce and Community Affairs
5 shall disburse the moneys in the Energy Efficiency Trust Fund
6 to residential electric customers to fund projects which the
7 Department of Commerce and Community Affairs has determined
8 will promote energy efficiency in the State of Illinois. The
9 Department of Commerce and Community Affairs shall establish
10 a list of projects eligible for grants from the Energy
11 Efficiency Trust Fund including, but not limited to,
12 supporting energy efficiency efforts for low-income
13 households, replacing energy inefficient windows with more
14 efficient windows, replacing energy inefficient appliances
15 with more efficient appliances, replacing energy inefficient
16 lighting with more efficient lighting, insulating dwellings
17 and buildings, and such other projects which will increase
18 energy efficiency in homes and rental properties.
19 (c) The Department of Commerce and Community Affairs
20 shall establish criteria and an application process for this
21 grant program.
22 (d) The Department of Commerce and Community Affairs
23 shall conduct a study of other possible energy efficiency
24 improvements and evaluate methods for promoting energy
25 efficiency and conservation, especially for the benefit of
26 low-income customers.
27 (e) The Department of Commerce and Community Affairs
28 shall submit an annual report to the General Assembly
29 evaluating the effectiveness of the projects and programs
30 provided in this Section, and recommending further
31 legislation which will encourage additional development and
32 implementation of energy efficiency projects and programs in
33 Illinois and other actions that help to meet the goals of
34 this Section.
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1 (Source: P.A. 90-561, eff. 12-16-97.)
2 Section 10. The Illinois Coal Technology Development
3 Assistance Act is amended by changing Section 3 as follows:
4 (30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)
5 Sec. 3. Transfers to Coal Technology Development
6 Assistance Funds. As soon as may be practicable after the
7 first day of each month, the Department of Revenue shall
8 certify to the Treasurer an amount equal to 1/64 of the
9 revenue realized from the tax imposed by the Electricity
10 Excise Tax Law, Section 2 of the Public Utilities Revenue
11 Act, Section 2 of the Messages Tax Act, and Section 2 of the
12 Gas Revenue Tax Act, during the preceding month. Upon
13 receipt of the certification, the Treasurer shall transfer
14 the amount shown on such certification from the General
15 Revenue Fund to the Coal Technology Development Assistance
16 Fund, which is hereby created as a special fund in the State
17 treasury, except that no transfer shall be made in any month
18 in which the Fund from moneys received under this Section has
19 reached the following balance:
20 (1) $7,000,000 during fiscal year 1994.
21 (2) $8,500,000 during fiscal year 1995.
22 (3) $10,000,000 during fiscal years year 1996 and
23 1997.
24 (4) During fiscal year 1998 and each year
25 thereafter, an amount equal to the sum of $10,000,000
26 plus additional moneys deposited into the Coal Technology
27 Development Assistance Fund from the Renewable Energy
28 Resources and Coal Technology Development Assistance
29 Charge under Section 6.5 of the Renewable Energy, Energy
30 Efficiency, and Coal Resources Development Law of 1997.
31 (Source: P.A. 90-561, eff. 12-16-97.)
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1 Section 15. The Public Utilities Revenue Act is amended
2 by changing Sections 2a.1 and 6 as follows:
3 (35 ILCS 620/2a.1) (from Ch. 120, par. 469a.1)
4 Sec. 2a.1. Imposition of tax on invested capital and
5 on distribution of electricity.
6 (a) In addition to the tax imposed by the Illinois
7 Income Tax Act, there is hereby imposed upon every taxpayer
8 (other than an electric cooperative, a school district or
9 unit of local government as defined in Section 1 of Article
10 VII of the Illinois Constitution of 1970), an additional tax
11 as follows:
12 (i) For the first 500,000,000 kilowatt-hours
13 distributed by the taxpayer in this State during the
14 taxable period, 0.031 cents per kilowatt-hour;
15 (ii) For the next 1,000,000,000 kilowatt-hours
16 distributed by the taxpayer in this State during the
17 taxable period, 0.050 cents per kilowatt-hour;
18 (iii) For the next 2,500,000,000 kilowatt-hours
19 distributed by the taxpayer in this State during the
20 taxable period, 0.070 cents per kilowatt-hour;
21 (iv) For the next 4,000,000,000 killowatt-hours
22 distributed by the taxpayer in this State during the
23 taxable period, 0.140 cents per kilowatt-hour;
24 (v) For the next 7,000,000,000 kilowatt-hours
25 distributed by the taxpayer in this State during the
26 taxable period, 0.180 cents per kilowatt-hour;
27 (vi) For the next 3,000,000,000 killowatt-hours
28 distributed by the taxpayer in this State during the
29 taxable period, 0.142 cents per kilowatt-hour; and
30 (vii) For all kilowatt-hours distributed by the
31 taxpayer in this State during the taxable period in
32 excess of 18,000,000,000 kilowatt-hours, 0.131 cents per
33 killowatt-hour.
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1 (b) There is imposed on electric cooperatives that are
2 required to file reports with the Rural Utilities Service a
3 tax equal to 0.8% of such cooperative's invested capital for
4 the taxable period. The invested capital tax imposed by this
5 subsection shall not be imposed on electric cooperatives not
6 required to file reports with the Rural Utilities Service.
7 (c) If, for any taxable period, the total amount
8 received by the Department from the tax imposed by subsection
9 (a) exceeds $145,279,553 plus, for taxable periods subsequent
10 to 1998, an amount equal to the lesser of (i) 5% or (ii) the
11 percentage increase in the Consumer Price Index during the
12 immediately preceding taxable period, of the total amount
13 received by the Department from the tax imposed by subsection
14 (a) for the immediately preceding taxable period, determined
15 after allowance of the credit provided for in this
16 subsection, the Department shall issue credit memoranda in
17 the aggregate amount of the excess to each of the taxpayers
18 who paid any amount of tax under subsection (a) for that
19 taxable period in the proportion which the amount paid by the
20 taxpayer bears to the total amount paid by all such
21 taxpayers. This calculation shall be made as of December 1 of
22 the year following the immediately preceding taxable period
23 and shall consist of only those returns with payment then on
24 file with the Department. All future amendments to returns
25 and monies covering this period received after December 1 of
26 the year following the taxable period will not be included in
27 the calculation of the affected taxable period or any other
28 taxable period. The provisions of this subsection are not
29 subject to the Uniform Penalty and Interest Act. Any credit
30 memorandum issued to a taxpayer under this subsection may be
31 used as a credit by the taxpayer against its liability in
32 future taxable periods for tax under subsection (a). Any
33 amount credited to a taxpayer shall not be refunded to the
34 taxpayer unless the taxpayer demonstrates to the reasonable
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1 satisfaction of the Department that it will not incur future
2 liability for tax under subsection (a). The Department shall
3 adopt reasonable regulations for the implementation of the
4 provisions of this subsection.
5 (Source: P.A. 90-561, eff. 1-1-98.)
6 (35 ILCS 620/6) (from Ch. 120, par. 473)
7 Sec. 6. If it appears, after claim therefor filed with
8 the Department, that an amount of tax or penalty or interest
9 has been paid which was not due under this Act, whether as
10 the result of a mistake of fact or an error of law, except as
11 hereinafter provided, then the Department shall issue a
12 credit memorandum or refund to the person who made the
13 erroneous payment or, if that person has died or become a
14 person under legal disability, to his or her legal
15 representative, as such.
16 If it is determined that the Department should issue a
17 credit or refund under this Act, the Department may first
18 apply the amount thereof against any amount of tax or penalty
19 or interest due hereunder from the person entitled to such
20 credit or refund. Any credit memorandum issued under the
21 Electricity Excise Tax Law may be applied against any
22 liability incurred under the tax previously imposed by
23 Section 2 of this Act. For this purpose, if proceedings are
24 pending to determine whether or not any tax or penalty or
25 interest is due under this Act from such person, the
26 Department may withhold issuance of the credit or refund
27 pending the final disposition of such proceedings and may
28 apply such credit or refund against any amount found to be
29 due to the Department as a result of such proceedings. The
30 balance, if any, of the credit or refund shall be issued to
31 the person entitled thereto.
32 If no tax or penalty or interest is due and no proceeding
33 is pending to determine whether such person is indebted to
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1 the Department for tax or penalty or interest, the credit
2 memorandum or refund shall be issued to the claimant; or (in
3 the case of a credit memorandum) the credit memorandum may be
4 assigned and set over by the lawful holder thereof, subject
5 to reasonable rules of the Department, to any other person
6 who is subject to this Act, and the amount thereof shall be
7 applied by the Department against any tax or penalty or
8 interest due or to become due under this Act from such
9 assignee.
10 As to any claim for credit or refund filed with the
11 Department on or after each January 1 and July 1, no amounts
12 erroneously paid more than 3 years prior to such January 1
13 and July 1, respectively, shall be credited or refunded,
14 except that if both the Department and the taxpayer have
15 agreed to an extension of time to issue a notice of tax
16 liability under this Act, the claim may be filed at any time
17 prior to the expiration of the period agreed upon.
18 Claims for credit or refund shall be filed upon forms
19 provided by the Department. As soon as practicable after any
20 claim for credit or refund is filed, the Department shall
21 examine the same and determine the amount of credit or refund
22 to which the claimant is entitled and shall notify the
23 claimant of such determination, which amount shall be prima
24 facie correct.
25 Any credit or refund that is allowed under this Act shall
26 bear interest at the rate and in the manner specified in the
27 Uniform Penalty and Interest Act.
28 In case the Department determines that the claimant is
29 entitled to a refund, such refund shall be made only from
30 such appropriation as may be available for that purpose. If
31 it appears unlikely that the amount appropriated would permit
32 everyone having a claim allowed during the period covered by
33 such appropriation to elect to receive a cash refund, the
34 Department, by rule or regulation, shall provide for the
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1 payment of refunds in hardship cases and shall define what
2 types of cases qualify as hardship cases.
3 (Source: P.A. 90-491, eff. 1-1-98.)
4 Section 20. The Electricity Excise Tax Law is amended
5 by changing Sections 2-7, 2-10, and 2-12 as follows:
6 (35 ILCS 640/2-7)
7 (This Section may contain text from a Public Act with a
8 delayed effective date)
9 Sec. 2-7. Collection of electricity excise tax.
10 Beginning with bills for electricity or electric service
11 issued on and after August 1, 1998, the tax imposed by this
12 Law shall be collected from the purchaser, other than a
13 self-assessing purchaser where the delivering supplier or
14 suppliers are notified by the Department that the purchaser
15 has been registered as a self-assessing purchaser for the
16 accounts listed by the self-assessing purchaser as who
17 provides a copy of an active certification described in
18 Section Sections 2-10 and 2-10.5 of this Law, by any
19 delivering supplier maintaining a place of business in this
20 State at the rates stated in Section 2-4 with respect to the
21 electricity delivered by such delivering supplier to or for
22 the purchaser, and shall be remitted to the Department as
23 provided in Section 2-9 of this Law. All sales to a purchaser
24 are presumed subject to tax collection unless the Department
25 notifies purchaser provides the delivering supplier that the
26 purchaser has been registered as a self-assessing purchaser
27 for the accounts listed by the self-assessing purchaser as
28 with a copy of an active certification described in Section
29 Sections 2-10 and 2-10.5 of this Law. Upon receipt of
30 notification by the Department an active certification from a
31 purchaser, the delivering supplier is relieved of all
32 liability for the collection and remittance of tax from the
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1 self-assessing purchaser for which notification was provided
2 by the Department who has provided the certification. The
3 delivering supplier is relieved of the liability for the
4 collection of the tax from a self-assessing purchaser until
5 such time as the delivering supplier is notified in writing
6 by the Department purchaser that the purchaser's
7 certification as a self-assessing purchaser is no longer in
8 effect. Delivering suppliers shall collect the tax from
9 purchasers by adding the tax to the amount of the purchase
10 price received from the purchaser for delivering electricity
11 for or to the purchaser. Where a delivering supplier does not
12 collect the tax from a purchaser, other than a self-assessing
13 purchaser, as provided herein, such purchaser shall pay the
14 tax directly to the Department.
15 (Source: P.A. 90-561, eff. 8-1-98.)
16 (35 ILCS 640/2-10)
17 (This Section may contain text from a Public Act with a
18 delayed effective date)
19 Sec. 2-10. Election and registration to be self-assessing
20 purchaser. Any purchaser for non-residential electric use may
21 elect to register with the Department as a self-assessing
22 purchaser and to pay the tax imposed by Section 2-4 directly
23 to the Department, at the rate stated in that Section for
24 self-assessing purchasers, rather than paying the tax to such
25 purchaser's delivering supplier. The election by a purchaser
26 to register as a self-assessing purchaser may not be revoked
27 by the purchaser for at least 2 years 12 months thereafter.
28 A purchaser who revokes his or her registration as a
29 self-assessing purchaser shall not thereafter be permitted to
30 register as a self-assessing purchaser within the succeeding
31 2 years 12 months. A self-assessing purchaser shall renew
32 his or her registration every 2 years 12 months, or the
33 registration shall be deemed to be revoked.
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1 Application for a certificate of registration as a
2 self-assessing purchaser shall be made to the Department upon
3 forms furnished by the Department and shall contain any
4 reasonable information the Department may require. The
5 self-assessing purchaser shall be required to disclose the
6 name of the delivering supplier or suppliers and each account
7 numbers for which the self-assessing purchaser elects to pay
8 the tax imposed by Section 2-4 directly to the Department.
9 Upon receipt of the application for a certificate of
10 registration in proper form and payment of an non-refundable
11 biennial fee of $200, the Department shall issue to the
12 applicant a certificate of registration that permits the
13 person to whom it was issued to pay the tax incurred under
14 this Law directly to the Department for a period of 2 years.
15 The Department shall notify the delivering supplier or
16 suppliers that the applicant has been registered as a
17 self-assessing purchaser for the accounts listed by the
18 self-assessing purchaser. A certificate of registration
19 under this Section shall be renewed upon application and
20 payment of a non-refundable biennial $200 fee, subject to
21 revocation as provided by this Law, for additional 2-year
22 periods from the date of its expiration unless otherwise
23 notified by the Department.
24 Upon notification by the Department that an applicant has
25 been registered as a self-assessing purchaser, the delivering
26 supplier is no longer required to collect the tax imposed by
27 this Act for the accounts specifically listed by the
28 self-assessing purchaser, until the delivering supplier is
29 notified by the Department as set forth below that the
30 self-assessing purchaser's certificate of registration has
31 been expired, revoked, or denied.
32 The Department may deny a certificate of registration to
33 any applicant if the owner, any partner, any manager or
34 member of a limited liability company, or a corporate officer
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1 of the applicant, is or has been the owner, a partner, a
2 manager or member of a limited liability company, or a
3 corporate officer, of another self-assessing purchaser that
4 is in default for moneys due under this Law.
5 Any person aggrieved by any decision of the Department
6 under this Section may, within 20 days after notice of such
7 decision, protest and request a hearing, whereupon the
8 Department shall give notice to such person of the time and
9 place fixed for such hearing and shall hold a hearing in
10 conformity with the provisions of this Law and then issue its
11 final administrative decision in the matter to such person.
12 In the absence of such a protest within 20 days, the
13 Department's decision shall become final without any further
14 determination being made or notice given. Upon the
15 expiration, revocation, or denial of a certificate of
16 registration as a self-assessing purchaser, the Department of
17 Revenue shall provide written notice of the expiration,
18 revocation, or denial of the certificate to the
19 self-assessing purchaser's delivering supplier or suppliers.
20 (Source: P.A. 90-561, eff. 8-1-98.)
21 (35 ILCS 640/2-12)
22 (This Section may contain text from a Public Act with a
23 delayed effective date)
24 Sec. 2-12. Applicability of Retailers' Occupation Tax
25 Act, Public Utilities Revenue Act and Uniform Penalty and
26 Interest Act. The Department shall have full power to
27 administer and enforce this Law; to collect all taxes,
28 penalties and interest due hereunder; to dispose of taxes,
29 penalties and interest so collected in the manner herein
30 provided; and to determine all rights to credit memoranda or
31 refunds arising on account of the erroneous payment of tax,
32 penalty or interest hereunder.
33 All of the provisions of Sections 4 (except that the time
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1 limitation provisions shall run from the date when the tax is
2 due rather than from the date when gross receipts are
3 received), 5 (except that the time limitation provisions on
4 the issuances of notices of tax liability shall run from the
5 date when the tax is due rather than from the date when gross
6 receipts are received and except that in the case of a
7 failure to file a return required by this Law, no notice of
8 tax liability shall be issued on and after each July 1 and
9 January 1 covering tax due with that return during any month
10 or period more than 6 years before that July 1 or January 1,
11 respectively, and except that the 30% penalty provided for in
12 Section 5 shall not apply), 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i
13 and 5j of the Retailers' Occupation Tax Act, and Sections 6,
14 8, 9, 10 and 11 of the Public Utilities Revenue Act, which
15 are not inconsistent with this Law, and the Uniform Penalty
16 and Interest Act shall apply, as far as practicable, to the
17 subject matter of this Law to the same extent as if such
18 provisions were included herein. References in such
19 incorporated Sections of the Retailers' Occupation Tax Act
20 and Public Utilities Revenue Act and to taxpayers and to
21 persons engaged in the business of selling tangible personal
22 property at retail means both purchasers and delivering
23 suppliers maintaining a place of business in this State, as
24 required by the particular context, when used in this Law.
25 References in such incorporated Sections of the Retailers'
26 Occupation Tax Act and Public Utilities Revenue Act to gross
27 receipts and to gross receipts received means purchase price
28 or kilowatt-hours used or consumed by the purchaser, as
29 required by the particular context.
30 Any credit memorandum issued under the tax imposed by
31 Section 2 of the Public Utilities Revenue Act may be applied
32 against liability incurred under this Act. Any credit
33 memorandum issued under this Act may be applied against
34 liability incurred under the tax imposed by Section 2 of the
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1 Public Utilities Revenue Act.
2 (Source: P.A. 90-561, eff. 8-1-98.)
3 (35 ILCS 640/2-10.5 rep.)
4 Section 25. The Electricity Excise Tax Law is amended by
5 repealing Section 2-10.5.
6 Section 30. The Public Utilities Act is amended by
7 changing Sections 16-127 and 17-300 as follows:
8 (220 ILCS 5/16-127)
9 Sec. 16-127. Environmental disclosure.
10 (a) Effective January 1, 1999, every electric utility
11 and alternative retail electric supplier shall provide the
12 following information, to the maximum extent practicable,
13 with its bills to its customers on a quarterly basis:
14 (i) the known sources of electricity supplied,
15 broken-out by percentages, of biomass power, coal-fired
16 power, hydro power, natural gas-fired power, nuclear
17 power, oil-fired power, solar power, wind power and other
18 resources, respectively; and
19 (ii) a pie-chart which graphically depicts the
20 percentages of the sources of the electricity supplied as
21 set forth in subparagraph (i) of this subsection.
22 (b) In addition, every electric utility and alternative
23 retail electric supplier shall provide, to the maximum extent
24 practicable, with its bills to its customers on a quarterly
25 basis, a standardized chart in a format to be determined by
26 the Commission in a rule following notice and hearings which
27 provides the amounts of carbon dioxide, nitrogen nitrous
28 oxides and sulfur dioxide emissions and nuclear waste
29 attributable to the known sources of electricity supplied as
30 set forth in subparagraph (i) of subsection (a) of this
31 Section.
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1 (c) The electric utilities and alternative retail
2 electric suppliers may provide their customers with such
3 other information as they believe relevant to the information
4 required in subsections (a) and (b) of this Section.
5 (d) For the purposes of subsection (a) of this Section,
6 "biomass" means dedicated crops grown for energy production
7 and organic wastes.
8 (e) All of the information provided in subsections (a)
9 and (b) of this Section shall be presented to the Commission
10 for inclusion in its World Wide Web Site.
11 (Source: P.A. 90-561, eff. 12-16-97.)
12 (220 ILCS 5/17-300)
13 Sec. 17-300. Election to be an alternative retail
14 electric supplier.
15 (a) An electric cooperative or municipal system may, by
16 appropriate action, and at the sole discretion of the
17 governing body of each, make an election to become an
18 alternative retail electric supplier. A generation and
19 transmission electric cooperative may not, as an alternative
20 retail electric supplier, serve any present or future retail
21 customers of a distribution electric cooperative not a member
22 of that generation and transmission electric cooperative
23 unless at least 30% of the total number of meters of the
24 generation and transmission electric cooperative's
25 member-cooperatives are eligible to obtain electric power and
26 energy from an alternative retail electric supplier other
27 than the generation and transmission electric cooperative or
28 an electric utility due to member-cooperative elections
29 pursuant to either Section 17-200 or 17-300.
30 (b) Commission authority over an electric cooperative or
31 municipal system electing to be an alternative retail
32 electric supplier. An electric cooperative or municipal
33 system electing to be an alternative retail electric supplier
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1 shall provide those services in accordance with Sections
2 16-115A and 16-115B of this Act, to the extent that these
3 Sections have application to the services being offered by
4 the electric cooperative or municipal system as an
5 alternative retail electric supplier. In no case shall these
6 provisions apply to the existing or future customers taking
7 delivery services from an electric cooperative or municipal
8 system pursuant to their respective authority under the
9 Electric Supplier Act or the Illinois Municipal Code.
10 (c) Notification of election to be an alternative retail
11 electric supplier. Upon filing notice of intent by an
12 electric cooperative or a municipal system to become an
13 alternative retail electric supplier, the Commission shall
14 issue within 45 days a certificate of service authority for
15 the entire State or for a specified geographic area of the
16 State, as specified in the notice. Issuance of a certificate
17 of service authority shall constitute compliance with Section
18 16-115 of this Act.
19 (d) Delivery services provided by electric cooperatives
20 or municipal systems. Municipal systems or electric
21 cooperatives making an election under this Section shall be
22 required to provide delivery services on their respective
23 systems to the electric utility or utilities in whose service
24 area or areas the proposed service will be offered. Such
25 required delivery services to be provided by the electric
26 cooperatives and municipal systems shall be reasonably
27 comparable to the delivery services provided to the electric
28 cooperative's and municipal system's own customers.
29 (e) Exclusive authority over distribution facilities.
30 Provided that, and subject to their authority to serve
31 customers pursuant to the Electric Supplier Act with respect
32 to electric cooperatives and pursuant to the Illinois
33 Municipal Code with respect to municipal systems, each shall
34 continue to provide the exclusive distribution facilities for
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1 any existing and future customers that the electric
2 cooperative or municipal system is now or in the future
3 otherwise entitled to serve, and which customers are now or
4 in the future receiving service provided by an alternative
5 retail electric supplier.
6 (Source: P.A. 90-561, eff. 12-16-97.)
7 Section 35. The Energy Assistance Act of 1989 is amended
8 by changing Sections 13 and 14 as follows:
9 (305 ILCS 20/13)
10 Sec. 13. Supplemental Low-Income Energy Assistance Fund.
11 (a) The Supplemental Low-Income Energy Assistance Fund
12 is hereby created as a special fund in the State Treasury.
13 The Supplemental Low-Income Energy Assistance Fund is
14 authorized to receive, by statutory deposit, the moneys
15 collected pursuant to this Section. Subject to
16 appropriation, the Department shall use moneys from the
17 Supplemental Low-Income Energy Assistance Fund for payments
18 to electric or gas public utilities, municipal electric or
19 gas utilities, and electric cooperatives on behalf of their
20 customers who are participants in the program authorized by
21 Section 4 of this Act, for the provision of weatherization
22 services and for administration of the Supplemental
23 Low-Income Energy Assistance Fund. The yearly expenditures
24 for weatherization may not exceed 10% of the amount collected
25 during the year pursuant to this Section. In determining
26 which customers will participate in the weatherization
27 component, the Department shall target weatherization for
28 those customers with the greatest energy burden, that is the
29 lowest income and greatest utility bills. The yearly
30 administrative expenses of the Supplemental Low-Income Energy
31 Assistance Fund may not exceed 10% of the amount collected
32 during that year pursuant to this Section.
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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
3 this Section, each public utility, electric cooperative, as
4 defined in Section 3.4 of the Electric Supplier Act, and
5 municipal utility, as referenced in Section 3-105 of the
6 Public Utilities Act, that is engaged in the delivery of
7 electricity or the distribution of natural gas within the
8 State of Illinois shall, effective January 1, 1998, assess
9 each of its customer accounts a monthly Energy Assistance
10 Charge for the Supplemental Low-Income Energy Assistance
11 Fund. The delivering public utility, municipal electric or
12 gas utility, or electric or gas cooperative for a
13 self-assessing purchaser remains subject to the collection of
14 the fee imposed by this Section. The monthly charge shall be
15 as follows:
16 (1) $0.40 per month on each account for residential
17 electric service;
18 (2) $0.40 per month on each account for residential
19 gas service;
20 (3) $4 per month on each account for
21 non-residential electric service which had less than 10
22 megawatts of peak demand during the previous calendar
23 year;
24 (4) $4 per month on each account for
25 non-residential gas service which had distributed to it
26 less than 4,000,000 therms of gas during the previous
27 calendar year;
28 (5) $300 per month on each account for
29 non-residential electric service which had 10 megawatts
30 or greater of peak demand during the previous calendar
31 year; and
32 (6) $300 per month on each account for
33 non-residential gas service which had 4,000,000 or more
34 therms of gas distributed to it during the previous
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1 calendar year.
2 (c) For purposes of this Section:
3 (1) "residential electric service" means electric
4 utility service for household purposes delivered to a
5 dwelling of 2 or fewer units which is billed under a
6 residential rate, or electric utility service for
7 household purposes delivered to a dwelling unit or units
8 which is billed under a residential rate and is
9 registered by a separate meter for each dwelling unit;
10 (2) "residential gas service" means gas utility
11 service for household purposes distributed to a dwelling
12 of 2 or fewer units which is billed under a residential
13 rate, or gas utility service for household purposes
14 distributed to a dwelling unit or units which is billed
15 under a residential rate and is registered by a separate
16 meter for each dwelling unit;
17 (3) "non-residential electric service" means
18 electric utility service which is not residential
19 electric service; and
20 (4) "non-residential gas service" means gas utility
21 service which is not residential gas service.
22 (d) At least 45 days prior to the date on which it must
23 begin assessing Energy Assistance Charges, each public
24 utility engaged in the delivery of electricity or the
25 distribution of natural gas shall file with the Illinois
26 Commerce Commission tariffs incorporating the Energy
27 Assistance Charge in other charges stated in such tariffs.
28 (e) The Energy Assistance Charge assessed by electric
29 and gas public utilities shall be considered a charge for
30 public utility service.
31 (f) By the 20th day of the month following the month in
32 which the charges imposed by the Section were collected On a
33 monthly basis, each public utility, municipal utility, and
34 electric cooperative shall remit to the Department of Revenue
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1 all moneys received as payment of the Energy Assistance
2 Charge on a return prescribed and furnished by the Department
3 of Revenue showing such information as the Department of
4 Revenue may reasonably require. If a customer makes a
5 partial payment, a public utility, municipal utility, or
6 electric cooperative may elect either: (i) to apply such
7 partial payments first to amounts owed to the utility or
8 cooperative for its services and then to payment for the
9 Energy Assistance Charge or (ii) to apply such partial
10 payments on a pro-rata basis between amounts owed to the
11 utility or cooperative for its services and to payment for
12 the Energy Assistance Charge.
13 (g) The Department of Revenue shall deposit into the
14 Supplemental Low-Income Energy Assistance Fund all moneys
15 remitted to it in accordance with subsection (f) of this
16 Section.
17 (h) If as of June 30 December 31, 2002 the program
18 authorized by Section 4 of this Act has not been replaced by
19 a new energy assistance program which is in operation, then
20 the General Assembly shall review the program; provided
21 however, that after that date, any public utility, municipal
22 utility, or electric cooperative shall continue to assess an
23 Energy Assistance Charge which was originally assessed on or
24 before June 30 December 31, 2002 and which remains unpaid.
25 On or before December 31, 2002 2003, the Department shall
26 prepare a report for the General Assembly on the expenditure
27 of funds appropriated from the Low-Income Energy Assistance
28 Block Grant Fund for the program authorized under Section 4
29 of this Act.
30 (i) The Department of Revenue may establish such rules
31 as it deems necessary to implement this Section.
32 (j) The Department of Commerce and Community Affairs may
33 establish such rules as it deems necessary to implement this
34 Section.
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1 (k) The charges imposed by this Section shall only apply
2 to customers of municipal electric or gas utilities and
3 electric or gas cooperatives if the municipal electric or gas
4 utility or electric or gas cooperative makes an affirmative
5 decision to impose the charge. If a municipal electric or
6 gas utility or an electric cooperative makes an affirmative
7 decision to impose the charge provided by this Section, the
8 municipal electric or gas utility or electric cooperative
9 shall inform the Department of Revenue in writing of such
10 decision when it begins to impose the charge. If a municipal
11 electric or gas utility or electric or gas cooperative does
12 not assess this charge, the Department may not use funds from
13 the Supplemental Low-Income Energy Assistance Fund to provide
14 benefits to its customers under the program authorized by
15 Section 4 of this Act.
16 (Source: P.A. 90-561, eff. 12-16-97.)
17 (305 ILCS 20/14)
18 Sec. 14. Energy Assistance Program Design Group.
19 (a) This Section establishes an Energy Assistance
20 Program Design Group to advise the General Assembly with
21 respect to designing a low-income energy assistance program
22 for the period beginning on July 1, 2002 January 1, 2003.
23 (b) The Energy Assistance Program Design Group shall be
24 chaired by the Director of Commerce and Community Affairs or
25 his or her designee. There shall be 4 legislative members and
26 13 non-legislative members of the Energy Assistance Program
27 Design Group. The 4 legislative members shall be appointed as
28 follows: one member of the House of Representatives appointed
29 by the Speaker of the House of Representatives, one member of
30 the House of Representatives appointed by the Minority Leader
31 of the House of Representatives, one member of the Senate
32 appointed by the President of the Senate, and one member of
33 the Senate appointed by the Minority Leader of the Senate.
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1 The non-legislative members of the Energy Assistance Program
2 Design Group shall include the chairperson and the following
3 12 members: (i) one member designated by the Illinois
4 Commerce Commission; (ii) one member designated by the
5 Illinois Department of Natural Resources; (iii) one member
6 designated by the Illinois Energy Association to represent
7 electric public utilities serving in excess of 1 million
8 customers in this State; (iv) one member agreed upon by gas
9 public utilities that serve more than 500,000 customers in
10 this State; (v) one member designated by the Illinois Energy
11 Association to represent combination gas and electric public
12 utilities; (vi) one member agreed upon by the Illinois
13 Municipal Electric Agency and the Association of Illinois
14 Electric Co-operatives; (vii) one member designated by the
15 Midwest Independent Power Suppliers Coordination Group;
16 (viii) one member designated by the National Training and
17 Information Center to represent low-income energy consumers;
18 (ix) one member designated by the Illinois Community Action
19 Association to represent local agencies that assist in the
20 administration of this Act; (x) one member designated by the
21 Citizens Utility Board to represent residential energy
22 consumers; (xi) one member designated by the Illinois Retail
23 Merchants Association to represent commercial energy
24 customers; and (xii) one member designated by the Illinois
25 Industrial Energy Consumers. The appointments of the
26 legislative members shall be submitted to the chairman of the
27 Energy Assistance Program Design Group within 30 days of the
28 effective date of this amendatory Act of 1998 and within 30
29 days of a new General Assembly convening. The names of the
30 non-legislative members shall be submitted to the chairperson
31 of the Energy Assistance Program Design Group by the
32 designating organization within 30 days of the effective date
33 of this amendatory Act of 1998. The designating organization
34 shall notify the chairperson of any changes or substitutions
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1 of a designee within 10 business days of the change or
2 substitution. As promptly as practicable following the
3 enactment of this amendatory Act of 1997, the General
4 Assembly, or a Joint Committee thereof, shall establish an
5 Energy Assistance Program Design Group. The Energy
6 Assistance Program Design Group shall be chaired by the
7 Director of the Department of Commerce and Community Affairs
8 and shall include one representative of each of the
9 following: (i) the Illinois Commerce Commission; (ii) the
10 Department of Natural Resources; (iii) electric public
11 utilities; (iv) gas public utilities; (v) combination gas and
12 electric public utilities; (vi) municipal utilities and
13 electric cooperatives; (vii) electricity and natural gas
14 marketers; (viii) low-income energy customers; (ix) local
15 agencies engaged by the Department of Commerce and Community
16 Affairs to assist in the administration of the Energy
17 Assistance Act of 1989; (x) residential energy customers;
18 (xi) commercial energy customers; and (xii) industrial energy
19 customers.
20 (c) Within 3 months of its establishment, the Energy
21 Assistance Program Design Group shall meet to begin
22 consideration of the design and implementation of an energy
23 assistance program in Illinois for the period beginning on
24 July 1, 2002 January 1, 2003. Within 12 months of its
25 establishment, the Program Design Group shall hold public
26 hearings to assist its deliberations.
27 (d) The Program Design Group shall provide a report
28 containing its recommendations to the General Assembly on or
29 before January 1, 2001 2002. This report must include the
30 following:
31 (1) recommendations on the definition of an
32 eligible low-income residential customer;
33 (2) recommendations regarding the continuation of
34 the program authorized by Section 4 of this Act and the
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1 Supplemental Low-Income Energy Assistance Fund;
2 (3) recommendations on ensuring low-income
3 residential customers have access to essential energy
4 services;
5 (4) recommendations on addressing past due amounts
6 owed to utilities by low-income persons in Illinois;
7 (5) demographic and other information (including
8 household consumption information) necessary to determine
9 the total number of customers eligible for assistance,
10 the total number of customers likely to apply for
11 assistance, and funding estimates for any recommended
12 program;
13 (6) recommendations on appropriate measures to
14 encourage energy conservation, efficiency, and
15 responsibility among low-income residential customers;
16 (7) any recommended changes to existing
17 legislation; and
18 (8) an estimate of the cost of implementing the
19 Program Design Group's recommendations.
20 (e) The recommendations adopted by the Program Design
21 Group shall be competitively neutral in their impact on
22 providers in the energy market and shall spread program costs
23 across the broadest possible base.
24 (f) The Department of Commerce and Community Affairs
25 shall hold public hearings on the recommendations of the
26 Energy Assistance Program Design Group during calendar year
27 2001 2002.
28 (Source: P.A. 90-561, eff. 12-16-97.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.