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90_SB1853
20 ILCS 687/6-5
20 ILCS 687/6-6
30 ILCS 730/3 from Ch. 96 1/2, par. 8203
305 ILCS 20/13
305 ILCS 20/14
Amends the Renewable Energy, Energy Efficiency, and Coal
Resources Development Law of 1997. Provides that each
utility and alternative retail electric supplier shall remit
energy assistance charge receipts to the Department of
Revenue (now Department of Commerce and Community Affairs)
for deposit in the Renewable Energy Resources Trust Fund and
the Coal Technology Development Assistance Fund (now the
Renewable Energy Resources Trust Fund). Provides that
contributions to the Energy Efficiency Trust Fund shall be
remitted to the Department of Revenue (now the Department of
Commerce and Community Affairs). Amends the Illinois Coal
Technology Development Assistance Act. Provides that when
the monthly balance reaches $10,000,000 for the Coal
Technology Development Assistance Fund, then the State
Treasurer shall not transfer other moneys to the fund.
Amends the Energy Assistance Act of 1989. Expedites certain
dates of the Energy Assistance Program concerning review,
reporting, and advisement. Makes other changes. Effective
immediately.
SRS90S0078JJch
SRS90S0078JJch
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8 (Section scheduled to be repealed on December 16, 2007)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.
-4- SRS90S0078JJch
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.
-5- SRS90S0078JJch
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.
-7- SRS90S0078JJch
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
-8- SRS90S0078JJch
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 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
-9- SRS90S0078JJch
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) As promptly as practicable following the enactment
13 of this amendatory Act of 1997, the General Assembly, or a
14 Joint Committee thereof, shall establish an Energy Assistance
15 Program Design Group. The Energy Assistance Program Design
16 Group shall be chaired by the Director of the Department of
17 Commerce and Community Affairs and shall include one
18 representative of each of the following: (i) the Illinois
19 Commerce Commission; (ii) the Department of Natural
20 Resources; (iii) electric public utilities; (iv) gas public
21 utilities; (v) combination gas and electric public utilities;
22 (vi) municipal utilities and electric cooperatives; (vii)
23 electricity and natural gas marketers; (viii) low-income
24 energy customers; (ix) local agencies engaged by the
25 Department of Commerce and Community Affairs to assist in the
26 administration of the Energy Assistance Act of 1989; (x)
27 residential energy customers; (xi) commercial energy
28 customers; and (xii) industrial energy 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
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1 establishment, the Program Design Group shall hold public
2 hearings to assist its deliberations.
3 (d) The Program Design Group shall provide a report
4 containing its recommendations to the General Assembly on or
5 before January 1, 2001 2002. This report must include the
6 following:
7 (1) recommendations on the definition of an
8 eligible low-income residential customer;
9 (2) recommendations regarding the continuation of
10 the program authorized by Section 4 of this Act and the
11 Supplemental Low-Income Energy Assistance Fund;
12 (3) recommendations on ensuring low-income
13 residential customers have access to essential energy
14 services;
15 (4) recommendations on addressing past due amounts
16 owed to utilities by low-income persons in Illinois;
17 (5) demographic and other information (including
18 household consumption information) necessary to determine
19 the total number of customers eligible for assistance,
20 the total number of customers likely to apply for
21 assistance, and funding estimates for any recommended
22 program;
23 (6) recommendations on appropriate measures to
24 encourage energy conservation, efficiency, and
25 responsibility among low-income residential customers;
26 (7) any recommended changes to existing
27 legislation; and
28 (8) an estimate of the cost of implementing the
29 Program Design Group's recommendations.
30 (e) The recommendations adopted by the Program Design
31 Group shall be competitively neutral in their impact on
32 providers in the energy market and shall spread program costs
33 across the broadest possible base.
34 (f) The Department of Commerce and Community Affairs
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1 shall hold public hearings on the recommendations of the
2 Energy Assistance Program Design Group during calendar year
3 2001 2002.
4 (Source: P.A. 90-561, eff. 12-16-97.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.