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90_SB1265eng
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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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8 (Section scheduled to be repealed on December 16, 2007)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) Beginning January 1, 1998, the following charges
12 shall be imposed:
13 (1) $0.05 per month on each account for residential
14 electric service as defined in Section 13 of the Energy
15 Assistance Act of 1989;
16 (2) $0.05 per month on each account for residential
17 gas service as defined in Section 13 of the Energy
18 Assistance Act of 1989;
19 (3) $0.50 per month on each account for
20 nonresidential electric service, as defined in Section 13
21 of the Energy Assistance Act of 1989, taking less than 10
22 megawatts of peak demand during the previous calendar
23 year;
24 (4) $0.50 per month on each account for
25 nonresidential gas service, as defined in Section 13 of
26 the Energy Assistance Act of 1989, taking less than
27 4,000,000 therms of gas during the previous calendar
28 year;
29 (5) $37.50 per month on each account for
30 nonresidential electric service, as defined in Section 13
31 of the Energy Assistance Act of 1989, taking 10 megawatts
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1 or greater of peak demand during the previous calendar
2 year; and
3 (6) $37.50 per month on each account for
4 nonresidential gas service, as defined in Section 13 of
5 the Energy Assistance Act of 1989, taking 4,000,000 or
6 more therms of gas during the previous calendar year.
7 (b) Except as provided in subsection (e) of this
8 Section, this charge is to be collected by electric and gas
9 utilities, whether owned by investors, municipalities or
10 cooperatives, and alternative retail electric suppliers on a
11 monthly basis from their respective customers.
12 (c) Fifty percent of the moneys collected pursuant to
13 this Section shall be deposited in the Renewable Energy
14 Resources Trust Fund. The remaining 50 percent of the moneys
15 collected pursuant to this Section shall be deposited in the
16 Coal Technology Development Assistance Fund for use under the
17 Illinois Coal Technology Development Assistance Act.
18 (d) On a monthly basis, each utility and alternative
19 retail electric supplier collecting charges pursuant to this
20 Section shall remit to the Department of Revenue for deposit
21 in the Renewable Energy Resources Trust Fund and the Coal
22 Technology Development Assistance Fund all moneys received as
23 payment of the charge provided for in this Section.
24 (e) The charges imposed by this Section shall only apply
25 to customers of municipal electric and gas utilities and
26 electric cooperatives if the municipal electric or gas
27 utility or electric cooperative makes an affirmative decision
28 to impose the charge. If a municipal electric or gas utility
29 or electric cooperative does not assess this charge, its
30 customers shall not be eligible for the Renewable Energy
31 Resources Program.
32 (Source: P.A. 90-561, eff. 12-16-97.)
33 (20 ILCS 687/6-6)
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1 (Section scheduled to be repealed on December 16, 2007)
2 Sec. 6-6. Energy efficiency program.
3 (a) For the year beginning January 1, 1998, and
4 thereafter as provided in this Section, each electric utility
5 and each alternative retail electric supplier supplying
6 electric power and energy to retail customers located in the
7 State of Illinois shall contribute annually to the Department
8 a pro rata share of a total amount of $3,000,000 based upon
9 the number of kilowatt-hours sold by each such entity in the
10 12 months preceding the year of contribution. These
11 contributions shall be remitted to the Department of Revenue
12 on or before June 30 of each year the contribution is due.
13 The funds received by the Department pursuant to this Section
14 shall be subject to the appropriation of funds by the General
15 Assembly. The Department of Revenue shall place the funds
16 remitted under this Section in a trust fund, that is hereby
17 created in the State Treasury, called the Energy Efficiency
18 Trust Fund.
19 (b) The Department of Commerce and Community Affairs
20 shall disburse the moneys in the Energy Efficiency Trust Fund
21 to residential electric customers to fund projects which the
22 Department has determined will promote energy efficiency in
23 the State of Illinois. The Department shall establish a list
24 of projects eligible for grants from the Energy Efficiency
25 Trust Fund including, but not limited to, supporting energy
26 efficiency efforts for low-income households, replacing
27 energy inefficient windows with more efficient windows,
28 replacing energy inefficient appliances with more efficient
29 appliances, replacing energy inefficient lighting with more
30 efficient lighting, insulating dwellings and buildings, and
31 such other projects which will increase energy efficiency in
32 homes and rental properties.
33 (c) The Department shall establish criteria and an
34 application process for this grant program.
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1 (d) The Department shall conduct a study of other
2 possible energy efficiency improvements and evaluate methods
3 for promoting energy efficiency and conservation, especially
4 for the benefit of low-income customers.
5 (e) The Department shall submit an annual report to the
6 General Assembly evaluating the effectiveness of the projects
7 and programs provided in this Section, and recommending
8 further legislation which will encourage additional
9 development and implementation of energy efficiency projects
10 and programs in Illinois and other actions that help to meet
11 the goals of this Section.
12 (Source: P.A. 90-561, eff. 12-16-97.)
13 Section 10. The Illinois Coal Technology Development
14 Assistance Act is amended by changing Section 3 as follows:
15 (30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)
16 Sec. 3. Transfers to Coal Technology Development
17 Assistance Funds. As soon as may be practicable after the
18 first day of each month, the Department of Revenue shall
19 certify to the Treasurer an amount equal to 1/64 of the
20 revenue realized from the tax imposed by the Electricity
21 Excise Tax Law, Section 2 of the Public Utilities Revenue
22 Act, Section 2 of the Messages Tax Act, and Section 2 of the
23 Gas Revenue Tax Act, during the preceding month. Upon
24 receipt of the certification, the Treasurer shall transfer
25 the amount shown on such certification from the General
26 Revenue Fund to the Coal Technology Development Assistance
27 Fund, which is hereby created as a special fund in the State
28 treasury, except that no transfer shall be made in any month
29 in which the Fund from moneys received under this Section has
30 reached the following balance:
31 (1) $7,000,000 during fiscal year 1994.
32 (2) $8,500,000 during fiscal year 1995.
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1 (3) $10,000,000 during fiscal years year 1996 and
2 1997.
3 (4) During fiscal year 1998 and each year
4 thereafter, an amount equal to the sum of $10,000,000
5 plus additional moneys deposited into the Coal Technology
6 Development Assistance Fund from the Renewable Energy
7 Resources and Coal Technology Development Assistance
8 Charge under Section 6.5 of the Renewable Energy, Energy
9 Efficiency, and Coal Resources Development Law of 1997.
10 (Source: P.A. 90-561, eff. 12-16-97.)
11 Section 15. The Energy Assistance Act of 1989 is amended
12 by changing Sections 13 and 14 as follows:
13 (305 ILCS 20/13)
14 Sec. 13. Supplemental Low-Income Energy Assistance Fund.
15 (a) The Supplemental Low-Income Energy Assistance Fund
16 is hereby created as a special fund in the State Treasury.
17 The Supplemental Low-Income Energy Assistance Fund is
18 authorized to receive, by statutory deposit, the moneys
19 collected pursuant to this Section. Subject to
20 appropriation, the Department shall use moneys from the
21 Supplemental Low-Income Energy Assistance Fund for payments
22 to electric or gas public utilities, municipal electric or
23 gas utilities, and electric cooperatives on behalf of their
24 customers who are participants in the program authorized by
25 Section 4 of this Act, for the provision of weatherization
26 services and for administration of the Supplemental
27 Low-Income Energy Assistance Fund. The yearly expenditures
28 for weatherization may not exceed 10% of the amount collected
29 during the year pursuant to this Section. In determining
30 which customers will participate in the weatherization
31 component, the Department shall target weatherization for
32 those customers with the greatest energy burden, that is the
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1 lowest income and greatest utility bills. The yearly
2 administrative expenses of the Supplemental Low-Income Energy
3 Assistance Fund may not exceed 10% of the amount collected
4 during that year pursuant to this Section.
5 (b) Notwithstanding the provisions of Section 16-111 of
6 the Public Utilities Act, each public utility, electric
7 cooperative, as defined in Section 3.4 of the Electric
8 Supplier Act, and municipal utility, as referenced in Section
9 3-105 of the Public Utilities Act, that is engaged in the
10 delivery of electricity or the distribution of natural gas
11 within the State of Illinois shall, effective January 1,
12 1998, assess each of its customer accounts a monthly Energy
13 Assistance Charge for the Supplemental Low-Income Energy
14 Assistance Fund. The monthly charge shall be as follows:
15 (1) $0.40 per month on each account for residential
16 electric service;
17 (2) $0.40 per month on each account for residential
18 gas service;
19 (3) $4 per month on each account for
20 non-residential electric service which had less than 10
21 megawatts of peak demand during the previous calendar
22 year;
23 (4) $4 per month on each account for
24 non-residential gas service which had distributed to it
25 less than 4,000,000 therms of gas during the previous
26 calendar year;
27 (5) $300 per month on each account for
28 non-residential electric service which had 10 megawatts
29 or greater of peak demand during the previous calendar
30 year; and
31 (6) $300 per month on each account for
32 non-residential gas service which had 4,000,000 or more
33 therms of gas distributed to it during the previous
34 calendar year.
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1 (c) For purposes of this Section:
2 (1) "residential electric service" means electric
3 utility service for household purposes delivered to a
4 dwelling of 2 or fewer units which is billed under a
5 residential rate, or electric utility service for
6 household purposes delivered to a dwelling unit or units
7 which is billed under a residential rate and is
8 registered by a separate meter for each dwelling unit;
9 (2) "residential gas service" means gas utility
10 service for household purposes distributed to a dwelling
11 of 2 or fewer units which is billed under a residential
12 rate, or gas utility service for household purposes
13 distributed to a dwelling unit or units which is billed
14 under a residential rate and is registered by a separate
15 meter for each dwelling unit;
16 (3) "non-residential electric service" means
17 electric utility service which is not residential
18 electric service; and
19 (4) "non-residential gas service" means gas utility
20 service which is not residential gas service.
21 (d) At least 45 days prior to the date on which it must
22 begin assessing Energy Assistance Charges, each public
23 utility engaged in the delivery of electricity or the
24 distribution of natural gas shall file with the Illinois
25 Commerce Commission tariffs incorporating the Energy
26 Assistance Charge in other charges stated in such tariffs.
27 (e) The Energy Assistance Charge assessed by electric
28 and gas public utilities shall be considered a charge for
29 public utility service.
30 (f) On a monthly basis, each public utility, municipal
31 utility, and electric cooperative shall remit to the
32 Department of Revenue all moneys received as payment of the
33 Energy Assistance Charge. If a customer makes a partial
34 payment, a public utility, municipal utility, or electric
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1 cooperative may elect either: (i) to apply such partial
2 payments first to amounts owed to the utility or cooperative
3 for its services and then to payment for the Energy
4 Assistance Charge or (ii) to apply such partial payments on a
5 pro-rata basis between amounts owed to the utility or
6 cooperative for its services and to payment for the Energy
7 Assistance Charge.
8 (g) The Department of Revenue shall deposit into the
9 Supplemental Low-Income Energy Assistance Fund all moneys
10 remitted to it in accordance with subsection (f) of this
11 Section.
12 (h) If as of June 30 December 31, 2002 the program
13 authorized by Section 4 of this Act has not been replaced by
14 a new energy assistance program which is in operation, then
15 the General Assembly shall review the program; provided
16 however, that after that date, any public utility, municipal
17 utility, or electric cooperative shall continue to assess an
18 Energy Assistance Charge which was originally assessed on or
19 before June 30 December 31, 2002 and which remains unpaid.
20 On or before December 31, 2002 2003, the Department shall
21 prepare a report for the General Assembly on the expenditure
22 of funds appropriated from the Low-Income Energy Assistance
23 Block Grant Fund for the program authorized under Section 4
24 of this Act.
25 (i) The Department of Revenue may establish such rules
26 as it deems necessary to implement this Section.
27 (j) The Department of Commerce and Community Affairs may
28 establish such rules as it deems necessary to implement this
29 Section.
30 (k) The charges imposed by this Section shall only apply
31 to customers of municipal electric utilities and electric
32 cooperatives if the municipal electric utility or electric
33 cooperative makes an affirmative decision to impose the
34 charge. If a municipal electric utility or electric
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1 cooperative does not assess this charge, the Department may
2 not use funds from the Supplemental Low-Income Energy
3 Assistance Fund to provide benefits to its customers under
4 the program authorized by Section 4 of this Act.
5 (Source: P.A. 90-561, eff. 12-16-97.)
6 (305 ILCS 20/14)
7 Sec. 14. Energy Assistance Program Design Group.
8 (a) This Section establishes an Energy Assistance
9 Program Design Group to advise the General Assembly with
10 respect to designing a low-income energy assistance program
11 for the period beginning on July 1, 2002 January 1, 2003.
12 (b) The Energy Assistance Program Design Group shall be
13 chaired by the Director of Commerce and Community Affairs or
14 his or her designee. There shall be 4 legislative members and
15 13 non-legislative members of the Energy Assistance Program
16 Design Group. The 4 legislative members shall be appointed as
17 follows: one member of the House appointed by the Speaker of
18 the House, one member of the House appointed by the Minority
19 Leader of the House, one member of the Senate appointed by
20 the President of the Senate, and one member of the Senate
21 appointed by the Minority Leader of the Senate. The
22 non-legislative members of the Energy Assistance Program
23 Design Group shall include the chairperson and the following
24 12 members: (i) one member designated by the Illinois
25 Commerce Commission; (ii) one member designated by the
26 Illinois Department of Natural Resources; (iii) one member
27 designated by the Illinois Energy Association to represent
28 electric public utilities serving in excess of 1 million
29 customers in this State; (iv) one member agreed upon by gas
30 public utilities that serve more than 500,000 customers in
31 this State; (v) one member designated by the Illinois Energy
32 Association to represent combination gas and electric public
33 utilities; (vi) one member agreed upon by the Illinois
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1 Municipal Electric Agency and the Association of Illinois
2 Electric Co-operatives; (vii) one member designated by the
3 Midwest Independent Power Suppliers Coordination Group;
4 (viii) one member designated by the National Training and
5 Information Center to represent low income energy consumers;
6 (ix) one member designated by the Illinois Community Action
7 Association to represent local agencies that assist in the
8 administration of this Act; (x) one member designated by the
9 Citizens Utility Board to represent residential energy
10 consumers; (xi) one member designated by the Illinois Retail
11 Merchants Association to represent commercial energy
12 customers; and (xii) one member designated by the Illinois
13 Industrial Energy Consumers. The appointments of the
14 legislative members shall be submitted to the chairman of the
15 Energy Assistance Program Design Group within 30 days of the
16 effective date of this amendatory Act of 1998 and within 30
17 days of a new General Assembly convening. The names of the
18 non-legislative members shall be submitted to the chairperson
19 of the Energy Assistance Program Design Group by the
20 designating organization within 30 days of the effective date
21 of this amendatory Act of 1998. The designating organization
22 shall notify the chairperson of any changes or substitutions
23 of a designee within 10 business days of the change or
24 substitution. As promptly as practicable following the
25 enactment of this amendatory Act of 1997, the General
26 Assembly, or a Joint Committee thereof, shall establish an
27 Energy Assistance Program Design Group. The Energy
28 Assistance Program Design Group shall be chaired by the
29 Director of the Department of Commerce and Community Affairs
30 and shall include one representative of each of the
31 following: (i) the Illinois Commerce Commission; (ii) the
32 Department of Natural Resources; (iii) electric public
33 utilities; (iv) gas public utilities; (v) combination gas and
34 electric public utilities; (vi) municipal utilities and
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1 electric cooperatives; (vii) electricity and natural gas
2 marketers; (viii) low-income energy customers; (ix) local
3 agencies engaged by the Department of Commerce and Community
4 Affairs to assist in the administration of the Energy
5 Assistance Act of 1989; (x) residential energy customers;
6 (xi) commercial energy customers; and (xii) industrial energy
7 customers.
8 (c) Within 3 months of its establishment, the Energy
9 Assistance Program Design Group shall meet to begin
10 consideration of the design and implementation of an energy
11 assistance program in Illinois for the period beginning on
12 July 1, 2002 January 1, 2003. Within 12 months of its
13 establishment, the Program Design Group shall hold public
14 hearings to assist its deliberations.
15 (d) The Program Design Group shall provide a report
16 containing its recommendations to the General Assembly on or
17 before January 1, 2001 2002. This report must include the
18 following:
19 (1) recommendations on the definition of an
20 eligible low-income residential customer;
21 (2) recommendations regarding the continuation of
22 the program authorized by Section 4 of this Act and the
23 Supplemental Low-Income Energy Assistance Fund;
24 (3) recommendations on ensuring low-income
25 residential customers have access to essential energy
26 services;
27 (4) recommendations on addressing past due amounts
28 owed to utilities by low-income persons in Illinois;
29 (5) demographic and other information (including
30 household consumption information) necessary to determine
31 the total number of customers eligible for assistance,
32 the total number of customers likely to apply for
33 assistance, and funding estimates for any recommended
34 program;
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1 (6) recommendations on appropriate measures to
2 encourage energy conservation, efficiency, and
3 responsibility among low-income residential customers;
4 (7) any recommended changes to existing
5 legislation; and
6 (8) an estimate of the cost of implementing the
7 Program Design Group's recommendations.
8 (e) The recommendations adopted by the Program Design
9 Group shall be competitively neutral in their impact on
10 providers in the energy market and shall spread program costs
11 across the broadest possible base.
12 (f) The Department of Commerce and Community Affairs
13 shall hold public hearings on the recommendations of the
14 Energy Assistance Program Design Group during calendar year
15 2001 2002.
16 (Source: P.A. 90-561, eff. 12-16-97.)
17 Section 20. The Public Utilities Act is amended by
18 changing Sections 16-127 and 17-300 as follows:
19 (220 ILCS 5/16-127)
20 Sec. 16-127. Environmental disclosure.
21 (a) Effective January 1, 1999, every electric utility
22 and alternative retail electric supplier shall provide the
23 following information, to the maximum extent practicable,
24 with its bills to its customers on a quarterly basis:
25 (i) the known sources of electricity supplied,
26 broken-out by percentages, of biomass power, coal-fired
27 power, hydro power, natural gas-fired power, nuclear
28 power, oil-fired power, solar power, wind power and other
29 resources, respectively; and
30 (ii) a pie-chart which graphically depicts the
31 percentages of the sources of the electricity supplied as
32 set forth in subparagraph (i) of this subsection.
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1 (b) In addition, every electric utility and alternative
2 retail electric supplier shall provide, to the maximum extent
3 practicable, with its bills to its customers on a quarterly
4 basis, a standardized chart in a format to be determined by
5 the Commission in a rule following notice and hearings which
6 provides the amounts of carbon dioxide, nitrogen nitrous
7 oxides and sulfur dioxide emissions and nuclear waste
8 attributable to the known sources of electricity supplied as
9 set forth in subparagraph (i) of subsection (a) of this
10 Section.
11 (c) The electric utilities and alternative retail
12 electric suppliers may provide their customers with such
13 other information as they believe relevant to the information
14 required in subsections (a) and (b) of this Section.
15 (d) For the purposes of subsection (a) of this Section,
16 "biomass" means dedicated crops grown for energy production
17 and organic wastes.
18 (e) All of the information provided in subsections (a)
19 and (b) of this Section shall be presented to the Commission
20 for inclusion in its World Wide Web Site.
21 (Source: P.A. 90-561, eff. 12-16-97.)
22 (220 ILCS 5/17-300)
23 Sec. 17-300. Election to be an alternative retail
24 electric supplier.
25 (a) An electric cooperative or municipal system may, by
26 appropriate action, and at the sole discretion of the
27 governing body of each, make an election to become an
28 alternative retail electric supplier. A generation and
29 transmission electric cooperative may not, as an alternative
30 retail electric supplier, serve any present or future retail
31 customers of a distribution electric cooperative not a member
32 of that generation and transmission electric cooperative
33 unless at least 30% of the total number of meters of the
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1 generation and transmission electric cooperative's
2 member-cooperatives are eligible to obtain electric power and
3 energy from an alternative retail electric supplier other
4 than the generation and transmission electric cooperative or
5 an electric utility due to member-cooperative elections
6 pursuant to either Section 17-200 or 17-300.
7 (b) Commission authority over an electric cooperative or
8 municipal system electing to be an alternative retail
9 electric supplier. An electric cooperative or municipal
10 system electing to be an alternative retail electric supplier
11 shall provide those services in accordance with Sections
12 16-115A and 16-115B of this Act, to the extent that these
13 Sections have application to the services being offered by
14 the electric cooperative or municipal system as an
15 alternative retail electric supplier. In no case shall these
16 provisions apply to the existing or future customers taking
17 delivery services from an electric cooperative or municipal
18 system pursuant to their respective authority under the
19 Electric Supplier Act or the Illinois Municipal Code.
20 (c) Notification of election to be an alternative retail
21 electric supplier. Upon filing notice of intent by an
22 electric cooperative or a municipal system to become an
23 alternative retail electric supplier, the Commission shall
24 issue within 45 days a certificate of service authority for
25 the entire State or for a specified geographic area of the
26 State, as specified in the notice. Issuance of a certificate
27 of service authority shall constitute compliance with Section
28 16-115 of this Act.
29 (d) Delivery services provided by electric cooperatives
30 or municipal systems. Municipal systems or electric
31 cooperatives making an election under this Section shall be
32 required to provide delivery services on their respective
33 systems to the electric utility or utilities in whose service
34 area or areas the proposed service will be offered. Such
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1 required delivery services to be provided by the electric
2 cooperatives and municipal systems shall be reasonably
3 comparable to the delivery services provided to the electric
4 cooperative's and municipal system's own customers.
5 (e) Exclusive authority over distribution facilities.
6 Provided that, and subject to their authority to serve
7 customers pursuant to the Electric Supplier Act with respect
8 to electric cooperatives and pursuant to the Illinois
9 Municipal Code with respect to municipal systems, each shall
10 continue to provide the exclusive distribution facilities for
11 any existing and future customers that the electric
12 cooperative or municipal system is now or in the future
13 otherwise entitled to serve, and which customers are now or
14 in the future receiving service provided by an alternative
15 retail electric supplier.
16 (Source: P.A. 90-561, eff. 12-16-97.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.