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90_SB1265ham001
LRB9009114PTbdam03
1 AMENDMENT TO SENATE BILL 1265
2 AMENDMENT NO. . Amend Senate Bill 1265 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Renewable Energy, Energy Efficiency,
5 and Coal Resources Development Law of 1997 is amended by
6 changing 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8 (Section scheduled to be repealed on December 16, 2007)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
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1 purchaser remains subject to the collection of the fee
2 imposed by this Section. The monthly charge shall be as
3 follows Beginning January 1, 1998, the following charges
4 shall be imposed:
5 (1) $0.05 per month on each account for residential
6 electric service as defined in Section 13 of the Energy
7 Assistance Act of 1989;
8 (2) $0.05 per month on each account for residential
9 gas service as defined in Section 13 of the Energy
10 Assistance Act of 1989;
11 (3) $0.50 per month on each account for
12 nonresidential electric service, as defined in Section 13
13 of the Energy Assistance Act of 1989, which had taking
14 less than 10 megawatts of peak demand during the previous
15 calendar year;
16 (4) $0.50 per month on each account for
17 nonresidential gas service, as defined in Section 13 of
18 the Energy Assistance Act of 1989, which had distributed
19 to it taking less than 4,000,000 therms of gas during the
20 previous calendar year;
21 (5) $37.50 per month on each account for
22 nonresidential electric service, as defined in Section 13
23 of the Energy Assistance Act of 1989, which had taking 10
24 megawatts or greater of peak demand during the previous
25 calendar year; and
26 (6) $37.50 per month on each account for
27 nonresidential gas service, as defined in Section 13 of
28 the Energy Assistance Act of 1989, which had taking
29 4,000,000 or more therms of gas distributed to it during
30 the previous calendar year.
31 (b) The Renewable Energy Resources and Coal Technology
32 Development Assistance Charge assessed by electric and gas
33 public utilities shall be considered a charge for public
34 utility service Except as provided in subsection (e) of this
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1 Section, this charge is to be collected by electric and gas
2 utilities, whether owned by investors, municipalities or
3 cooperatives, and alternative retail electric suppliers on a
4 monthly basis from their respective customers.
5 (c) Fifty percent of the moneys collected pursuant to
6 this Section shall be deposited in the Renewable Energy
7 Resources Trust Fund by the Department of Revenue. The
8 remaining 50 percent of the moneys collected pursuant to this
9 Section shall be deposited in the Coal Technology Development
10 Assistance Fund by the Department of Revenue for use under
11 the Illinois Coal Technology Development Assistance Act.
12 (d) By the 20th day of the month following the month in
13 which the charges imposed by this Section were collected On a
14 monthly basis, each utility and alternative retail electric
15 supplier collecting charges pursuant to this Section shall
16 remit to the Department of Revenue for deposit in the
17 Renewable Energy Resources Trust Fund and the Coal Technology
18 Development Assistance Fund all moneys received as payment of
19 the charge provided for in this Section on a return
20 prescribed and furnished by the Department of Revenue showing
21 such information as the Department of Revenue may reasonably
22 require.
23 (e) The charges imposed by this Section shall only apply
24 to customers of municipal electric or gas utilities and
25 electric or gas cooperatives if the municipal electric or gas
26 utility or electric or gas cooperative makes an affirmative
27 decision to impose the charge. If a municipal electric or gas
28 utility or an electric or gas cooperative makes an
29 affirmative decision to impose the charge provided by this
30 Section, the municipal electric or gas utility or electric or
31 gas cooperative shall inform the Department of Revenue in
32 writing of such decision when it begins to impose the charge.
33 If a municipal electric or gas utility or electric or gas
34 cooperative does not assess this charge, its customers shall
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1 not be eligible for the Renewable Energy Resources Program.
2 (f) The Department of Revenue may establish such rules
3 as it deems necessary to implement this Section.
4 (Source: P.A. 90-561, eff. 12-16-97.)
5 (20 ILCS 687/6-6)
6 (Section scheduled to be repealed on December 16, 2007)
7 Sec. 6-6. Energy efficiency program.
8 (a) For the year beginning January 1, 1998, and
9 thereafter as provided in this Section, each electric utility
10 as defined in Section 3-105 of the Public Utilities Act and
11 each alternative retail electric supplier as defined in
12 Section 16-102 of the Public Utilities Act supplying electric
13 power and energy to retail customers located in the State of
14 Illinois shall contribute annually to the Department a pro
15 rata share of a total amount of $3,000,000 based upon the
16 number of kilowatt-hours sold by each such entity in the 12
17 months preceding the year of contribution. On or before May
18 1 of each year, the Illinois Commerce Commission shall
19 determine and notify the Department of Commerce and Community
20 Affairs of the pro rata share owed by each electric utility
21 and each alternative retail electric supplier based upon
22 information supplied annually to the Illinois Commerce
23 Commission. On or before June 1 of each year, the Department
24 of Commerce and Community Affairs shall send written
25 notification to each electric utility and each alternative
26 retail electric supplier of the amount of pro rata share they
27 owe. These contributions shall be remitted to the Department
28 of Revenue on or before June 30 of each year the contribution
29 is due on a return prescribed and furnished by the Department
30 of Revenue showing such information as the Department of
31 Revenue may reasonably require. The funds received by the
32 Department pursuant to this Section shall be subject to the
33 appropriation of funds by the General Assembly. The
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1 Department of Revenue shall place the funds remitted under
2 this Section in a trust fund, that is hereby created in the
3 State Treasury, called the Energy Efficiency Trust Fund. If
4 an electric utility or alternative retail electric supplier
5 does not remit its pro rata share to the Department of
6 Revenue, the Department of Revenue must inform the Illinois
7 Commerce Commission of such failure. The Illinois Commerce
8 Commission may then revoke the certification of that electric
9 utility or alternative retail electric supplier. The
10 Illinois Commerce Commission may not renew the certification
11 of any electric utility or alternative retail electric
12 supplier that is delinquent in paying its pro rata share.
13 (b) The Department of Commerce and Community Affairs
14 shall disburse the moneys in the Energy Efficiency Trust Fund
15 to residential electric customers to fund projects which the
16 Department of Commerce and Community Affairs has determined
17 will promote energy efficiency in the State of Illinois. The
18 Department of Commerce and Community Affairs shall establish
19 a list of projects eligible for grants from the Energy
20 Efficiency Trust Fund including, but not limited to,
21 supporting energy efficiency efforts for low-income
22 households, replacing energy inefficient windows with more
23 efficient windows, replacing energy inefficient appliances
24 with more efficient appliances, replacing energy inefficient
25 lighting with more efficient lighting, insulating dwellings
26 and buildings, and such other projects which will increase
27 energy efficiency in homes and rental properties.
28 (c) The Department of Commerce and Community Affairs
29 shall establish criteria and an application process for this
30 grant program.
31 (d) The Department of Commerce and Community Affairs
32 shall conduct a study of other possible energy efficiency
33 improvements and evaluate methods for promoting energy
34 efficiency and conservation, especially for the benefit of
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1 low-income customers.
2 (e) The Department of Commerce and Community Affairs
3 shall submit an annual report to the General Assembly
4 evaluating the effectiveness of the projects and programs
5 provided in this Section, and recommending further
6 legislation which will encourage additional development and
7 implementation of energy efficiency projects and programs in
8 Illinois and other actions that help to meet the goals of
9 this Section.
10 (Source: P.A. 90-561, eff. 12-16-97.)
11 Section 10. The Illinois Coal Technology Development
12 Assistance Act is amended by changing Section 3 as follows:
13 (30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)
14 Sec. 3. Transfers to Coal Technology Development
15 Assistance Funds. As soon as may be practicable after the
16 first day of each month, the Department of Revenue shall
17 certify to the Treasurer an amount equal to 1/64 of the
18 revenue realized from the tax imposed by the Electricity
19 Excise Tax Law, Section 2 of the Public Utilities Revenue
20 Act, Section 2 of the Messages Tax Act, and Section 2 of the
21 Gas Revenue Tax Act, during the preceding month. Upon
22 receipt of the certification, the Treasurer shall transfer
23 the amount shown on such certification from the General
24 Revenue Fund to the Coal Technology Development Assistance
25 Fund, which is hereby created as a special fund in the State
26 treasury, except that no transfer shall be made in any month
27 in which the Fund from moneys received under this Section has
28 reached the following balance:
29 (1) $7,000,000 during fiscal year 1994.
30 (2) $8,500,000 during fiscal year 1995.
31 (3) $10,000,000 during fiscal years year 1996 and
32 1997.
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1 (4) During fiscal year 1998 and each year
2 thereafter, an amount equal to the sum of $10,000,000
3 plus additional moneys deposited into the Coal Technology
4 Development Assistance Fund from the Renewable Energy
5 Resources and Coal Technology Development Assistance
6 Charge under Section 6.5 of the Renewable Energy, Energy
7 Efficiency, and Coal Resources Development Law of 1997.
8 (Source: P.A. 90-561, eff. 12-16-97.)
9 Section 15. The Public Utilities Revenue Act is amended
10 by changing Sections 2a.1 and 6 as follows:
11 (35 ILCS 620/2a.1) (from Ch. 120, par. 469a.1)
12 Sec. 2a.1. Imposition of tax on invested capital and
13 on distribution of electricity.
14 (a) In addition to the tax imposed by the Illinois
15 Income Tax Act, there is hereby imposed upon every taxpayer
16 (other than an electric cooperative, a school district or
17 unit of local government as defined in Section 1 of Article
18 VII of the Illinois Constitution of 1970), an additional tax
19 as follows:
20 (i) For the first 500,000,000 kilowatt-hours
21 distributed by the taxpayer in this State during the
22 taxable period, 0.031 cents per kilowatt-hour;
23 (ii) For the next 1,000,000,000 kilowatt-hours
24 distributed by the taxpayer in this State during the
25 taxable period, 0.050 cents per kilowatt-hour;
26 (iii) For the next 2,500,000,000 kilowatt-hours
27 distributed by the taxpayer in this State during the
28 taxable period, 0.070 cents per kilowatt-hour;
29 (iv) For the next 4,000,000,000 killowatt-hours
30 distributed by the taxpayer in this State during the
31 taxable period, 0.140 cents per kilowatt-hour;
32 (v) For the next 7,000,000,000 kilowatt-hours
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1 distributed by the taxpayer in this State during the
2 taxable period, 0.180 cents per kilowatt-hour;
3 (vi) For the next 3,000,000,000 killowatt-hours
4 distributed by the taxpayer in this State during the
5 taxable period, 0.142 cents per kilowatt-hour; and
6 (vii) For all kilowatt-hours distributed by the
7 taxpayer in this State during the taxable period in
8 excess of 18,000,000,000 kilowatt-hours, 0.131 cents per
9 killowatt-hour.
10 (b) There is imposed on electric cooperatives that are
11 required to file reports with the Rural Utilities Service a
12 tax equal to 0.8% of such cooperative's invested capital for
13 the taxable period. The invested capital tax imposed by this
14 subsection shall not be imposed on electric cooperatives not
15 required to file reports with the Rural Utilities Service.
16 (c) If, for any taxable period, the total amount
17 received by the Department from the tax imposed by subsection
18 (a) exceeds $145,279,553 plus, for taxable periods subsequent
19 to 1998, an amount equal to the lesser of (i) 5% or (ii) the
20 percentage increase in the Consumer Price Index during the
21 immediately preceding taxable period, of the total amount
22 received by the Department from the tax imposed by subsection
23 (a) for the immediately preceding taxable period, determined
24 after allowance of the credit provided for in this
25 subsection, the Department shall issue credit memoranda in
26 the aggregate amount of the excess to each of the taxpayers
27 who paid any amount of tax under subsection (a) for that
28 taxable period in the proportion which the amount paid by the
29 taxpayer bears to the total amount paid by all such
30 taxpayers. This calculation shall be made as of December 1 of
31 the year following the immediately preceding taxable period
32 and shall consist of only those returns with payment then on
33 file with the Department. All future amendments to returns
34 and monies covering this period received after December 1 of
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1 the year following the taxable period will not be included in
2 the calculation of the affected taxable period or any other
3 taxable period. The provisions of this subsection are not
4 subject to the Uniform Penalty and Interest Act. Any credit
5 memorandum issued to a taxpayer under this subsection may be
6 used as a credit by the taxpayer against its liability in
7 future taxable periods for tax under subsection (a). Any
8 amount credited to a taxpayer shall not be refunded to the
9 taxpayer unless the taxpayer demonstrates to the reasonable
10 satisfaction of the Department that it will not incur future
11 liability for tax under subsection (a). The Department shall
12 adopt reasonable regulations for the implementation of the
13 provisions of this subsection.
14 (Source: P.A. 90-561, eff. 1-1-98.)
15 (35 ILCS 620/6) (from Ch. 120, par. 473)
16 Sec. 6. If it appears, after claim therefor filed with
17 the Department, that an amount of tax or penalty or interest
18 has been paid which was not due under this Act, whether as
19 the result of a mistake of fact or an error of law, except as
20 hereinafter provided, then the Department shall issue a
21 credit memorandum or refund to the person who made the
22 erroneous payment or, if that person has died or become a
23 person under legal disability, to his or her legal
24 representative, as such.
25 If it is determined that the Department should issue a
26 credit or refund under this Act, the Department may first
27 apply the amount thereof against any amount of tax or penalty
28 or interest due hereunder from the person entitled to such
29 credit or refund. Any credit memorandum issued under the
30 Electricity Excise Tax Law may be applied against any
31 liability incurred under the tax previously imposed by
32 Section 2 of this Act. For this purpose, if proceedings are
33 pending to determine whether or not any tax or penalty or
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1 interest is due under this Act from such person, the
2 Department may withhold issuance of the credit or refund
3 pending the final disposition of such proceedings and may
4 apply such credit or refund against any amount found to be
5 due to the Department as a result of such proceedings. The
6 balance, if any, of the credit or refund shall be issued to
7 the person entitled thereto.
8 If no tax or penalty or interest is due and no proceeding
9 is pending to determine whether such person is indebted to
10 the Department for tax or penalty or interest, the credit
11 memorandum or refund shall be issued to the claimant; or (in
12 the case of a credit memorandum) the credit memorandum may be
13 assigned and set over by the lawful holder thereof, subject
14 to reasonable rules of the Department, to any other person
15 who is subject to this Act, and the amount thereof shall be
16 applied by the Department against any tax or penalty or
17 interest due or to become due under this Act from such
18 assignee.
19 As to any claim for credit or refund filed with the
20 Department on or after each January 1 and July 1, no amounts
21 erroneously paid more than 3 years prior to such January 1
22 and July 1, respectively, shall be credited or refunded,
23 except that if both the Department and the taxpayer have
24 agreed to an extension of time to issue a notice of tax
25 liability under this Act, the claim may be filed at any time
26 prior to the expiration of the period agreed upon.
27 Claims for credit or refund shall be filed upon forms
28 provided by the Department. As soon as practicable after any
29 claim for credit or refund is filed, the Department shall
30 examine the same and determine the amount of credit or refund
31 to which the claimant is entitled and shall notify the
32 claimant of such determination, which amount shall be prima
33 facie correct.
34 Any credit or refund that is allowed under this Act shall
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1 bear interest at the rate and in the manner specified in the
2 Uniform Penalty and Interest Act.
3 In case the Department determines that the claimant is
4 entitled to a refund, such refund shall be made only from
5 such appropriation as may be available for that purpose. If
6 it appears unlikely that the amount appropriated would permit
7 everyone having a claim allowed during the period covered by
8 such appropriation to elect to receive a cash refund, the
9 Department, by rule or regulation, shall provide for the
10 payment of refunds in hardship cases and shall define what
11 types of cases qualify as hardship cases.
12 (Source: P.A. 90-491, eff. 1-1-98.)
13 Section 20. The Electricity Excise Tax Law is amended
14 by changing Sections 2-7, 2-10, and 2-12 as follows:
15 (35 ILCS 640/2-7)
16 (This Section may contain text from a Public Act with a
17 delayed effective date)
18 Sec. 2-7. Collection of electricity excise tax.
19 Beginning with bills for electricity or electric service
20 issued on and after August 1, 1998, the tax imposed by this
21 Law shall be collected from the purchaser, other than a
22 self-assessing purchaser where the delivering supplier or
23 suppliers are notified by the Department that the purchaser
24 has been registered as a self-assessing purchaser for the
25 accounts listed by the self-assessing purchaser as who
26 provides a copy of an active certification described in
27 Section Sections 2-10 and 2-10.5 of this Law, by any
28 delivering supplier maintaining a place of business in this
29 State at the rates stated in Section 2-4 with respect to the
30 electricity delivered by such delivering supplier to or for
31 the purchaser, and shall be remitted to the Department as
32 provided in Section 2-9 of this Law. All sales to a purchaser
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1 are presumed subject to tax collection unless the Department
2 notifies purchaser provides the delivering supplier that the
3 purchaser has been registered as a self-assessing purchaser
4 for the accounts listed by the self-assessing purchaser as
5 with a copy of an active certification described in Section
6 Sections 2-10 and 2-10.5 of this Law. Upon receipt of
7 notification by the Department an active certification from a
8 purchaser, the delivering supplier is relieved of all
9 liability for the collection and remittance of tax from the
10 self-assessing purchaser for which notification was provided
11 by the Department who has provided the certification. The
12 delivering supplier is relieved of the liability for the
13 collection of the tax from a self-assessing purchaser until
14 such time as the delivering supplier is notified in writing
15 by the Department purchaser that the purchaser's
16 certification as a self-assessing purchaser is no longer in
17 effect. Delivering suppliers shall collect the tax from
18 purchasers by adding the tax to the amount of the purchase
19 price received from the purchaser for delivering electricity
20 for or to the purchaser. Where a delivering supplier does not
21 collect the tax from a purchaser, other than a self-assessing
22 purchaser, as provided herein, such purchaser shall pay the
23 tax directly to the Department.
24 (Source: P.A. 90-561, eff. 8-1-98.)
25 (35 ILCS 640/2-10)
26 (This Section may contain text from a Public Act with a
27 delayed effective date)
28 Sec. 2-10. Election and registration to be self-assessing
29 purchaser. Any purchaser for non-residential electric use may
30 elect to register with the Department as a self-assessing
31 purchaser and to pay the tax imposed by Section 2-4 directly
32 to the Department, at the rate stated in that Section for
33 self-assessing purchasers, rather than paying the tax to such
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1 purchaser's delivering supplier. The election by a purchaser
2 to register as a self-assessing purchaser may not be revoked
3 by the purchaser for at least 2 years 12 months thereafter.
4 A purchaser who revokes his or her registration as a
5 self-assessing purchaser shall not thereafter be permitted to
6 register as a self-assessing purchaser within the succeeding
7 2 years 12 months. A self-assessing purchaser shall renew
8 his or her registration every 2 years 12 months, or the
9 registration shall be deemed to be revoked.
10 Application for a certificate of registration as a
11 self-assessing purchaser shall be made to the Department upon
12 forms furnished by the Department and shall contain any
13 reasonable information the Department may require. The
14 self-assessing purchaser shall be required to disclose the
15 name of the delivering supplier or suppliers and each account
16 numbers for which the self-assessing purchaser elects to pay
17 the tax imposed by Section 2-4 directly to the Department.
18 Upon receipt of the application for a certificate of
19 registration in proper form and payment of an non-refundable
20 biennial fee of $200, the Department shall issue to the
21 applicant a certificate of registration that permits the
22 person to whom it was issued to pay the tax incurred under
23 this Law directly to the Department for a period of 2 years.
24 The Department shall notify the delivering supplier or
25 suppliers that the applicant has been registered as a
26 self-assessing purchaser for the accounts listed by the
27 self-assessing purchaser. A certificate of registration
28 under this Section shall be renewed upon application and
29 payment of a non-refundable biennial $200 fee, subject to
30 revocation as provided by this Law, for additional 2-year
31 periods from the date of its expiration unless otherwise
32 notified by the Department.
33 Upon notification by the Department that an applicant has
34 been registered as a self-assessing purchaser, the delivering
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1 supplier is no longer required to collect the tax imposed by
2 this Act for the accounts specifically listed by the
3 self-assessing purchaser, until the delivering supplier is
4 notified by the Department as set forth below that the
5 self-assessing purchaser's certificate of registration has
6 been expired, revoked, or denied.
7 The Department may deny a certificate of registration to
8 any applicant if the owner, any partner, any manager or
9 member of a limited liability company, or a corporate officer
10 of the applicant, is or has been the owner, a partner, a
11 manager or member of a limited liability company, or a
12 corporate officer, of another self-assessing purchaser that
13 is in default for moneys due under this Law.
14 Any person aggrieved by any decision of the Department
15 under this Section may, within 20 days after notice of such
16 decision, protest and request a hearing, whereupon the
17 Department shall give notice to such person of the time and
18 place fixed for such hearing and shall hold a hearing in
19 conformity with the provisions of this Law and then issue its
20 final administrative decision in the matter to such person.
21 In the absence of such a protest within 20 days, the
22 Department's decision shall become final without any further
23 determination being made or notice given. Upon the
24 expiration, revocation, or denial of a certificate of
25 registration as a self- assessing purchaser, the Department
26 of Revenue shall provide written notice of the expiration,
27 revocation, or denial of the certificate to the self-
28 assessing purchaser's delivering supplier or suppliers.
29 (Source: P.A. 90-561, eff. 8-1-98.)
30 (35 ILCS 640/2-12)
31 (This Section may contain text from a Public Act with a
32 delayed effective date)
33 Sec. 2-12. Applicability of Retailers' Occupation Tax
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1 Act, Public Utilities Revenue Act and Uniform Penalty and
2 Interest Act. The Department shall have full power to
3 administer and enforce this Law; to collect all taxes,
4 penalties and interest due hereunder; to dispose of taxes,
5 penalties and interest so collected in the manner herein
6 provided; and to determine all rights to credit memoranda or
7 refunds arising on account of the erroneous payment of tax,
8 penalty or interest hereunder.
9 All of the provisions of Sections 4 (except that the time
10 limitation provisions shall run from the date when the tax is
11 due rather than from the date when gross receipts are
12 received), 5 (except that the time limitation provisions on
13 the issuances of notices of tax liability shall run from the
14 date when the tax is due rather than from the date when gross
15 receipts are received and except that in the case of a
16 failure to file a return required by this Law, no notice of
17 tax liability shall be issued on and after each July 1 and
18 January 1 covering tax due with that return during any month
19 or period more than 6 years before that July 1 or January 1,
20 respectively, and except that the 30% penalty provided for in
21 Section 5 shall not apply), 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i
22 and 5j of the Retailers' Occupation Tax Act, and Sections 6,
23 8, 9, 10 and 11 of the Public Utilities Revenue Act, which
24 are not inconsistent with this Law, and the Uniform Penalty
25 and Interest Act shall apply, as far as practicable, to the
26 subject matter of this Law to the same extent as if such
27 provisions were included herein. References in such
28 incorporated Sections of the Retailers' Occupation Tax Act
29 and Public Utilities Revenue Act and to taxpayers and to
30 persons engaged in the business of selling tangible personal
31 property at retail means both purchasers and delivering
32 suppliers maintaining a place of business in this State, as
33 required by the particular context, when used in this Law.
34 References in such incorporated Sections of the Retailers'
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1 Occupation Tax Act and Public Utilities Revenue Act to gross
2 receipts and to gross receipts received means purchase price
3 or kilowatt-hours used or consumed by the purchaser, as
4 required by the particular context.
5 Any credit memorandum issued under the tax imposed by
6 Section 2 of the Public Utilities Revenue Act may be applied
7 against liability incurred under this Act. Any credit
8 memorandum issued under this Act may be applied against
9 liability incurred under the tax imposed by Section 2 of the
10 Public Utilities Revenue Act.
11 (Source: P.A. 90-561, eff. 8-1-98.)
12 (35 ILCS 640/2-10.5 rep.)
13 Section 25. The Electricity Excise Tax Law is amended by
14 repealing Section 2-10.5.
15 Section 30. The Public Utilities Act is amended by
16 changing Sections 16-127 and 17-300 as follows:
17 (220 ILCS 5/16-127)
18 Sec. 16-127. Environmental disclosure.
19 (a) Effective January 1, 1999, every electric utility
20 and alternative retail electric supplier shall provide the
21 following information, to the maximum extent practicable,
22 with its bills to its customers on a quarterly basis:
23 (i) the known sources of electricity supplied,
24 broken-out by percentages, of biomass power, coal-fired
25 power, hydro power, natural gas-fired power, nuclear
26 power, oil-fired power, solar power, wind power and other
27 resources, respectively; and
28 (ii) a pie-chart which graphically depicts the
29 percentages of the sources of the electricity supplied as
30 set forth in subparagraph (i) of this subsection.
31 (b) In addition, every electric utility and alternative
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1 retail electric supplier shall provide, to the maximum extent
2 practicable, with its bills to its customers on a quarterly
3 basis, a standardized chart in a format to be determined by
4 the Commission in a rule following notice and hearings which
5 provides the amounts of carbon dioxide, nitrogen nitrous
6 oxides and sulfur dioxide emissions and nuclear waste
7 attributable to the known sources of electricity supplied as
8 set forth in subparagraph (i) of subsection (a) of this
9 Section.
10 (c) The electric utilities and alternative retail
11 electric suppliers may provide their customers with such
12 other information as they believe relevant to the information
13 required in subsections (a) and (b) of this Section.
14 (d) For the purposes of subsection (a) of this Section,
15 "biomass" means dedicated crops grown for energy production
16 and organic wastes.
17 (e) All of the information provided in subsections (a)
18 and (b) of this Section shall be presented to the Commission
19 for inclusion in its World Wide Web Site.
20 (Source: P.A. 90-561, eff. 12-16-97.)
21 (220 ILCS 5/17-300)
22 Sec. 17-300. Election to be an alternative retail
23 electric supplier.
24 (a) An electric cooperative or municipal system may, by
25 appropriate action, and at the sole discretion of the
26 governing body of each, make an election to become an
27 alternative retail electric supplier. A generation and
28 transmission electric cooperative may not, as an alternative
29 retail electric supplier, serve any present or future retail
30 customers of a distribution electric cooperative not a member
31 of that generation and transmission electric cooperative
32 unless at least 30% of the total number of meters of the
33 generation and transmission electric cooperative's
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1 member-cooperatives are eligible to obtain electric power and
2 energy from an alternative retail electric supplier other
3 than the generation and transmission electric cooperative or
4 an electric utility due to member-cooperative elections
5 pursuant to either Section 17-200 or 17-300.
6 (b) Commission authority over an electric cooperative or
7 municipal system electing to be an alternative retail
8 electric supplier. An electric cooperative or municipal
9 system electing to be an alternative retail electric supplier
10 shall provide those services in accordance with Sections
11 16-115A and 16-115B of this Act, to the extent that these
12 Sections have application to the services being offered by
13 the electric cooperative or municipal system as an
14 alternative retail electric supplier. In no case shall these
15 provisions apply to the existing or future customers taking
16 delivery services from an electric cooperative or municipal
17 system pursuant to their respective authority under the
18 Electric Supplier Act or the Illinois Municipal Code.
19 (c) Notification of election to be an alternative retail
20 electric supplier. Upon filing notice of intent by an
21 electric cooperative or a municipal system to become an
22 alternative retail electric supplier, the Commission shall
23 issue within 45 days a certificate of service authority for
24 the entire State or for a specified geographic area of the
25 State, as specified in the notice. Issuance of a certificate
26 of service authority shall constitute compliance with Section
27 16-115 of this Act.
28 (d) Delivery services provided by electric cooperatives
29 or municipal systems. Municipal systems or electric
30 cooperatives making an election under this Section shall be
31 required to provide delivery services on their respective
32 systems to the electric utility or utilities in whose service
33 area or areas the proposed service will be offered. Such
34 required delivery services to be provided by the electric
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1 cooperatives and municipal systems shall be reasonably
2 comparable to the delivery services provided to the electric
3 cooperative's and municipal system's own customers.
4 (e) Exclusive authority over distribution facilities.
5 Provided that, and subject to their authority to serve
6 customers pursuant to the Electric Supplier Act with respect
7 to electric cooperatives and pursuant to the Illinois
8 Municipal Code with respect to municipal systems, each shall
9 continue to provide the exclusive distribution facilities for
10 any existing and future customers that the electric
11 cooperative or municipal system is now or in the future
12 otherwise entitled to serve, and which customers are now or
13 in the future receiving service provided by an alternative
14 retail electric supplier.
15 (Source: P.A. 90-561, eff. 12-16-97.)
16 Section 35. The Energy Assistance Act of 1989 is amended
17 by changing Sections 13 and 14 as follows:
18 (305 ILCS 20/13)
19 Sec. 13. Supplemental Low-Income Energy Assistance Fund.
20 (a) The Supplemental Low-Income Energy Assistance Fund
21 is hereby created as a special fund in the State Treasury.
22 The Supplemental Low-Income Energy Assistance Fund is
23 authorized to receive, by statutory deposit, the moneys
24 collected pursuant to this Section. Subject to
25 appropriation, the Department shall use moneys from the
26 Supplemental Low-Income Energy Assistance Fund for payments
27 to electric or gas public utilities, municipal electric or
28 gas utilities, and electric cooperatives on behalf of their
29 customers who are participants in the program authorized by
30 Section 4 of this Act, for the provision of weatherization
31 services and for administration of the Supplemental
32 Low-Income Energy Assistance Fund. The yearly expenditures
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1 for weatherization may not exceed 10% of the amount collected
2 during the year pursuant to this Section. In determining
3 which customers will participate in the weatherization
4 component, the Department shall target weatherization for
5 those customers with the greatest energy burden, that is the
6 lowest income and greatest utility bills. The yearly
7 administrative expenses of the Supplemental Low-Income Energy
8 Assistance Fund may not exceed 10% of the amount collected
9 during that year pursuant to this Section.
10 (b) Notwithstanding the provisions of Section 16-111 of
11 the Public Utilities Act but subject to subsection (k) of
12 this Section, each public utility, electric cooperative, as
13 defined in Section 3.4 of the Electric Supplier Act, and
14 municipal utility, as referenced in Section 3-105 of the
15 Public Utilities Act, that is engaged in the delivery of
16 electricity or the distribution of natural gas within the
17 State of Illinois shall, effective January 1, 1998, assess
18 each of its customer accounts a monthly Energy Assistance
19 Charge for the Supplemental Low-Income Energy Assistance
20 Fund. The delivering public utility, municipal electric or
21 gas utility, or electric or gas cooperative for a
22 self-assessing purchaser remains subject to the collection of
23 the fee imposed by this Section. The monthly charge shall be
24 as follows:
25 (1) $0.40 per month on each account for residential
26 electric service;
27 (2) $0.40 per month on each account for residential
28 gas service;
29 (3) $4 per month on each account for
30 non-residential electric service which had less than 10
31 megawatts of peak demand during the previous calendar
32 year;
33 (4) $4 per month on each account for
34 non-residential gas service which had distributed to it
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1 less than 4,000,000 therms of gas during the previous
2 calendar year;
3 (5) $300 per month on each account for
4 non-residential electric service which had 10 megawatts
5 or greater of peak demand during the previous calendar
6 year; and
7 (6) $300 per month on each account for
8 non-residential gas service which had 4,000,000 or more
9 therms of gas distributed to it during the previous
10 calendar year.
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
18 registered 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
21 of 2 or fewer units which is billed under a residential
22 rate, or gas utility service for household purposes
23 distributed to a dwelling unit or units which is billed
24 under a residential rate and is registered by a separate
25 meter for each dwelling unit;
26 (3) "non-residential electric service" means
27 electric utility service which is not residential
28 electric service; and
29 (4) "non-residential gas service" means gas utility
30 service which is not residential gas service.
31 (d) At least 45 days prior to the date on which it must
32 begin assessing Energy Assistance Charges, each public
33 utility engaged in the delivery of electricity or the
34 distribution of natural gas shall file with the Illinois
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1 Commerce Commission tariffs incorporating the Energy
2 Assistance Charge in other charges stated in such tariffs.
3 (e) The Energy Assistance Charge assessed by electric
4 and gas public utilities shall be considered a charge for
5 public utility service.
6 (f) By the 20th day of the month following the month in
7 which the charges imposed by the Section were collected On a
8 monthly basis, each public utility, municipal utility, and
9 electric cooperative shall remit to the Department of Revenue
10 all moneys received as payment of the Energy Assistance
11 Charge on a return prescribed and furnished by the Department
12 of Revenue showing such information as the Department of
13 Revenue may reasonably require. If a customer makes a
14 partial payment, a public utility, municipal utility, or
15 electric cooperative may elect either: (i) to apply such
16 partial payments first to amounts owed to the utility or
17 cooperative for its services and then to payment for the
18 Energy Assistance Charge or (ii) to apply such partial
19 payments on a pro-rata basis between amounts owed to the
20 utility or cooperative for its services and to payment for
21 the Energy Assistance Charge.
22 (g) The Department of Revenue shall deposit into the
23 Supplemental Low-Income Energy Assistance Fund all moneys
24 remitted to it in accordance with subsection (f) of this
25 Section.
26 (h) If as of June 30 December 31, 2002 the program
27 authorized by Section 4 of this Act has not been replaced by
28 a new energy assistance program which is in operation, then
29 the General Assembly shall review the program; provided
30 however, that after that date, any public utility, municipal
31 utility, or electric cooperative shall continue to assess an
32 Energy Assistance Charge which was originally assessed on or
33 before June 30 December 31, 2002 and which remains unpaid.
34 On or before December 31, 2002 2003, the Department shall
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1 prepare a report for the General Assembly on the expenditure
2 of funds appropriated from the Low-Income Energy Assistance
3 Block Grant Fund for the program authorized under Section 4
4 of this Act.
5 (i) The Department of Revenue may establish such rules
6 as it deems necessary to implement this Section.
7 (j) The Department of Commerce and Community Affairs 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
11 to customers of municipal electric or gas utilities and
12 electric or gas cooperatives if the municipal electric or gas
13 utility or electric or gas cooperative makes an affirmative
14 decision to impose the charge. If a municipal electric or
15 gas utility or an electric cooperative makes an affirmative
16 decision to impose the charge provided by this Section, the
17 municipal electric or gas utility or electric cooperative
18 shall inform the Department of Revenue in writing of such
19 decision when it begins to impose the charge. If a municipal
20 electric or gas utility or electric or gas cooperative does
21 not assess this charge, the Department may not use funds from
22 the Supplemental Low-Income Energy Assistance Fund to provide
23 benefits to its customers under the program authorized by
24 Section 4 of this Act.
25 (Source: P.A. 90-561, eff. 12-16-97.)
26 (305 ILCS 20/14)
27 Sec. 14. Energy Assistance Program Design Group.
28 (a) This Section establishes an Energy Assistance
29 Program Design Group to advise the General Assembly with
30 respect to designing a low-income energy assistance program
31 for the period beginning on July 1, 2002 January 1, 2003.
32 (b) The Energy Assistance Program Design Group shall be
33 chaired by the Director of Commerce and Community Affairs or
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1 his or her designee. There shall be 4 legislative members and
2 13 non-legislative members of the Energy Assistance Program
3 Design Group. The 4 legislative members shall be appointed as
4 follows: one member of the House of Representatives appointed
5 by the Speaker of the House of Representatives, one member of
6 the House of Representatives appointed by the Minority Leader
7 of the House of Representatives, one member of the Senate
8 appointed by the President of the Senate, and one member of
9 the Senate appointed by the Minority Leader of the Senate.
10 The non-legislative members of the Energy Assistance Program
11 Design Group shall include the chairperson and the following
12 12 members: (i) one member designated by the Illinois
13 Commerce Commission; (ii) one member designated by the
14 Illinois Department of Natural Resources; (iii) one member
15 designated by the Illinois Energy Association to represent
16 electric public utilities serving in excess of 1 million
17 customers in this State; (iv) one member agreed upon by gas
18 public utilities that serve more than 500,000 customers in
19 this State; (v) one member designated by the Illinois Energy
20 Association to represent combination gas and electric public
21 utilities; (vi) one member agreed upon by the Illinois
22 Municipal Electric Agency and the Association of Illinois
23 Electric Co-operatives; (vii) one member designated by the
24 Midwest Independent Power Suppliers Coordination Group;
25 (viii) one member designated by the National Training and
26 Information Center to represent low income energy consumers;
27 (ix) one member designated by the Illinois Community Action
28 Association to represent local agencies that assist in the
29 administration of this Act; (x) one member designated by the
30 Citizens Utility Board to represent residential energy
31 consumers; (xi) one member designated by the Illinois Retail
32 Merchants Association to represent commercial energy
33 customers; and (xii) one member designated by the Illinois
34 Industrial Energy Consumers. The appointments of the
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1 legislative members shall be submitted to the chairman of the
2 Energy Assistance Program Design Group within 30 days of the
3 effective date of this amendatory Act of 1998 and within 30
4 days of a new General Assembly convening. The names of the
5 non-legislative members shall be submitted to the chairperson
6 of the Energy Assistance Program Design Group by the
7 designating organization within 30 days of the effective date
8 of this amendatory Act of 1998. The designating organization
9 shall notify the chairperson of any changes or substitutions
10 of a designee within 10 business days of the change or
11 substitution. As promptly as practicable following the
12 enactment of this amendatory Act of 1997, the General
13 Assembly, or a Joint Committee thereof, shall establish an
14 Energy Assistance Program Design Group. The Energy
15 Assistance Program Design Group shall be chaired by the
16 Director of the Department of Commerce and Community Affairs
17 and shall include one representative of each of the
18 following: (i) the Illinois Commerce Commission; (ii) the
19 Department of Natural Resources; (iii) electric public
20 utilities; (iv) gas public utilities; (v) combination gas and
21 electric public utilities; (vi) municipal utilities and
22 electric cooperatives; (vii) electricity and natural gas
23 marketers; (viii) low-income energy customers; (ix) local
24 agencies engaged by the Department of Commerce and Community
25 Affairs to assist in the administration of the Energy
26 Assistance Act of 1989; (x) residential energy customers;
27 (xi) commercial energy customers; and (xii) industrial energy
28 customers.
29 (c) Within 3 months of its establishment, the Energy
30 Assistance Program Design Group shall meet to begin
31 consideration of the design and implementation of an energy
32 assistance program in Illinois for the period beginning on
33 July 1, 2002 January 1, 2003. Within 12 months of its
34 establishment, the Program Design Group shall hold public
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1 hearings to assist its deliberations.
2 (d) The Program Design Group shall provide a report
3 containing its recommendations to the General Assembly on or
4 before January 1, 2001 2002. This report must include the
5 following:
6 (1) recommendations on the definition of an
7 eligible low-income residential customer;
8 (2) recommendations regarding the continuation of
9 the program authorized by Section 4 of this Act and the
10 Supplemental Low-Income Energy Assistance Fund;
11 (3) recommendations on ensuring low-income
12 residential customers have access to essential energy
13 services;
14 (4) recommendations on addressing past due amounts
15 owed to utilities by low-income persons in Illinois;
16 (5) demographic and other information (including
17 household consumption information) necessary to determine
18 the total number of customers eligible for assistance,
19 the total number of customers likely to apply for
20 assistance, and funding estimates for any recommended
21 program;
22 (6) recommendations on appropriate measures to
23 encourage energy conservation, efficiency, and
24 responsibility among low-income residential customers;
25 (7) any recommended changes to existing
26 legislation; and
27 (8) an estimate of the cost of implementing the
28 Program Design Group's recommendations.
29 (e) The recommendations adopted by the Program Design
30 Group shall be competitively neutral in their impact on
31 providers in the energy market and shall spread program costs
32 across the broadest possible base.
33 (f) The Department of Commerce and Community Affairs
34 shall hold public hearings on the recommendations of the
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1 Energy Assistance Program Design Group during calendar year
2 2001 2002.
3 (Source: P.A. 90-561, eff. 12-16-97.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.".