Public Act 90-0624 of the 90th General Assembly
Public Act 90-0624
SB1265 Enrolled LRB9009114YYmg
AN ACT concerning energy.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Renewable Energy, Energy Efficiency, and
Coal Resources Development Law of 1997 is amended by changing
Sections 6-5 and 6-6 as follows:
(20 ILCS 687/6-5)
(Section scheduled to be repealed on December 16, 2007)
Sec. 6-5. Renewable Energy Resources and Coal Technology
Development Assistance Charge.
(a) Notwithstanding the provisions of Section 16-111 of
the Public Utilities Act but subject to subsection (e) of
this Section, each public utility, electric cooperative, as
defined in Section 3.4 of the Electric Supplier Act, and
municipal utility, as referenced in Section 3-105 of the
Public Utilities Act, that is engaged in the delivery of
electricity or the distribution of natural gas within the
State of Illinois shall, effective January 1, 1998, assess
each of its customer accounts a monthly Renewable Energy
Resources and Coal Technology Development Assistance Charge.
The delivering public utility, municipal electric or gas
utility, or electric or gas cooperative for a self-assessing
purchaser remains subject to the collection of the fee
imposed by this Section. The monthly charge shall be as
follows Beginning January 1, 1998, the following charges
shall be imposed:
(1) $0.05 per month on each account for residential
electric service as defined in Section 13 of the Energy
Assistance Act of 1989;
(2) $0.05 per month on each account for residential
gas service as defined in Section 13 of the Energy
Assistance Act of 1989;
(3) $0.50 per month on each account for
nonresidential electric service, as defined in Section 13
of the Energy Assistance Act of 1989, which had taking
less than 10 megawatts of peak demand during the previous
calendar year;
(4) $0.50 per month on each account for
nonresidential gas service, as defined in Section 13 of
the Energy Assistance Act of 1989, which had distributed
to it taking less than 4,000,000 therms of gas during the
previous calendar year;
(5) $37.50 per month on each account for
nonresidential electric service, as defined in Section 13
of the Energy Assistance Act of 1989, which had taking 10
megawatts or greater of peak demand during the previous
calendar year; and
(6) $37.50 per month on each account for
nonresidential gas service, as defined in Section 13 of
the Energy Assistance Act of 1989, which had taking
4,000,000 or more therms of gas distributed to it during
the previous calendar year.
(b) The Renewable Energy Resources and Coal Technology
Development Assistance Charge assessed by electric and gas
public utilities shall be considered a charge for public
utility service Except as provided in subsection (e) of this
Section, this charge is to be collected by electric and gas
utilities, whether owned by investors, municipalities or
cooperatives, and alternative retail electric suppliers on a
monthly basis from their respective customers.
(c) Fifty percent of the moneys collected pursuant to
this Section shall be deposited in the Renewable Energy
Resources Trust Fund by the Department of Revenue. The
remaining 50 percent of the moneys collected pursuant to this
Section shall be deposited in the Coal Technology Development
Assistance Fund by the Department of Revenue for use under
the Illinois Coal Technology Development Assistance Act.
(d) By the 20th day of the month following the month in
which the charges imposed by this Section were collected On a
monthly basis, each utility and alternative retail electric
supplier collecting charges pursuant to this Section shall
remit to the Department of Revenue for deposit in the
Renewable Energy Resources Trust Fund and the Coal Technology
Development Assistance Fund all moneys received as payment of
the charge provided for in this Section on a return
prescribed and furnished by the Department of Revenue showing
such information as the Department of Revenue may reasonably
require.
(e) The charges imposed by this Section shall only apply
to customers of municipal electric or gas utilities and
electric or gas cooperatives if the municipal electric or gas
utility or electric or gas cooperative makes an affirmative
decision to impose the charge. If a municipal electric or gas
utility or an electric or gas cooperative makes an
affirmative decision to impose the charge provided by this
Section, the municipal electric or gas utility or electric or
gas cooperative shall inform the Department of Revenue in
writing of such decision when it begins to impose the charge.
If a municipal electric or gas utility or electric or gas
cooperative does not assess this charge, its customers shall
not be eligible for the Renewable Energy Resources Program.
(f) The Department of Revenue may establish such rules
as it deems necessary to implement this Section.
(Source: P.A. 90-561, eff. 12-16-97.)
(20 ILCS 687/6-6)
(Section scheduled to be repealed on December 16, 2007)
Sec. 6-6. Energy efficiency program.
(a) For the year beginning January 1, 1998, and
thereafter as provided in this Section, each electric utility
as defined in Section 3-105 of the Public Utilities Act and
each alternative retail electric supplier as defined in
Section 16-102 of the Public Utilities Act supplying electric
power and energy to retail customers located in the State of
Illinois shall contribute annually to the Department a pro
rata share of a total amount of $3,000,000 based upon the
number of kilowatt-hours sold by each such entity in the 12
months preceding the year of contribution. On or before May
1 of each year, the Illinois Commerce Commission shall
determine and notify the Department of Commerce and Community
Affairs of the pro rata share owed by each electric utility
and each alternative retail electric supplier based upon
information supplied annually to the Illinois Commerce
Commission. On or before June 1 of each year, the Department
of Commerce and Community Affairs shall send written
notification to each electric utility and each alternative
retail electric supplier of the amount of pro rata share they
owe. These contributions shall be remitted to the Department
of Revenue on or before June 30 of each year the contribution
is due on a return prescribed and furnished by the Department
of Revenue showing such information as the Department of
Revenue may reasonably require. The funds received by the
Department pursuant to this Section shall be subject to the
appropriation of funds by the General Assembly. The
Department of Revenue shall place the funds remitted under
this Section in a trust fund, that is hereby created in the
State Treasury, called the Energy Efficiency Trust Fund. If
an electric utility or alternative retail electric supplier
does not remit its pro rata share to the Department of
Revenue, the Department of Revenue must inform the Illinois
Commerce Commission of such failure. The Illinois Commerce
Commission may then revoke the certification of that electric
utility or alternative retail electric supplier. The
Illinois Commerce Commission may not renew the certification
of any electric utility or alternative retail electric
supplier that is delinquent in paying its pro rata share.
(b) The Department of Commerce and Community Affairs
shall disburse the moneys in the Energy Efficiency Trust Fund
to residential electric customers to fund projects which the
Department of Commerce and Community Affairs has determined
will promote energy efficiency in the State of Illinois. The
Department of Commerce and Community Affairs shall establish
a list of projects eligible for grants from the Energy
Efficiency Trust Fund including, but not limited to,
supporting energy efficiency efforts for low-income
households, replacing energy inefficient windows with more
efficient windows, replacing energy inefficient appliances
with more efficient appliances, replacing energy inefficient
lighting with more efficient lighting, insulating dwellings
and buildings, and such other projects which will increase
energy efficiency in homes and rental properties.
(c) The Department of Commerce and Community Affairs
shall establish criteria and an application process for this
grant program.
(d) The Department of Commerce and Community Affairs
shall conduct a study of other possible energy efficiency
improvements and evaluate methods for promoting energy
efficiency and conservation, especially for the benefit of
low-income customers.
(e) The Department of Commerce and Community Affairs
shall submit an annual report to the General Assembly
evaluating the effectiveness of the projects and programs
provided in this Section, and recommending further
legislation which will encourage additional development and
implementation of energy efficiency projects and programs in
Illinois and other actions that help to meet the goals of
this Section.
(Source: P.A. 90-561, eff. 12-16-97.)
Section 10. The Illinois Coal Technology Development
Assistance Act is amended by changing Section 3 as follows:
(30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)
Sec. 3. Transfers to Coal Technology Development
Assistance Funds. As soon as may be practicable after the
first day of each month, the Department of Revenue shall
certify to the Treasurer an amount equal to 1/64 of the
revenue realized from the tax imposed by the Electricity
Excise Tax Law, Section 2 of the Public Utilities Revenue
Act, Section 2 of the Messages Tax Act, and Section 2 of the
Gas Revenue Tax Act, during the preceding month. Upon
receipt of the certification, the Treasurer shall transfer
the amount shown on such certification from the General
Revenue Fund to the Coal Technology Development Assistance
Fund, which is hereby created as a special fund in the State
treasury, except that no transfer shall be made in any month
in which the Fund from moneys received under this Section has
reached the following balance:
(1) $7,000,000 during fiscal year 1994.
(2) $8,500,000 during fiscal year 1995.
(3) $10,000,000 during fiscal years year 1996 and
1997.
(4) During fiscal year 1998 and each year
thereafter, an amount equal to the sum of $10,000,000
plus additional moneys deposited into the Coal Technology
Development Assistance Fund from the Renewable Energy
Resources and Coal Technology Development Assistance
Charge under Section 6.5 of the Renewable Energy, Energy
Efficiency, and Coal Resources Development Law of 1997.
(Source: P.A. 90-561, eff. 12-16-97.)
Section 15. The Public Utilities Revenue Act is amended
by changing Sections 2a.1 and 6 as follows:
(35 ILCS 620/2a.1) (from Ch. 120, par. 469a.1)
Sec. 2a.1. Imposition of tax on invested capital and
on distribution of electricity.
(a) In addition to the tax imposed by the Illinois
Income Tax Act, there is hereby imposed upon every taxpayer
(other than an electric cooperative, a school district or
unit of local government as defined in Section 1 of Article
VII of the Illinois Constitution of 1970), an additional tax
as follows:
(i) For the first 500,000,000 kilowatt-hours
distributed by the taxpayer in this State during the
taxable period, 0.031 cents per kilowatt-hour;
(ii) For the next 1,000,000,000 kilowatt-hours
distributed by the taxpayer in this State during the
taxable period, 0.050 cents per kilowatt-hour;
(iii) For the next 2,500,000,000 kilowatt-hours
distributed by the taxpayer in this State during the
taxable period, 0.070 cents per kilowatt-hour;
(iv) For the next 4,000,000,000 killowatt-hours
distributed by the taxpayer in this State during the
taxable period, 0.140 cents per kilowatt-hour;
(v) For the next 7,000,000,000 kilowatt-hours
distributed by the taxpayer in this State during the
taxable period, 0.180 cents per kilowatt-hour;
(vi) For the next 3,000,000,000 killowatt-hours
distributed by the taxpayer in this State during the
taxable period, 0.142 cents per kilowatt-hour; and
(vii) For all kilowatt-hours distributed by the
taxpayer in this State during the taxable period in
excess of 18,000,000,000 kilowatt-hours, 0.131 cents per
killowatt-hour.
(b) There is imposed on electric cooperatives that are
required to file reports with the Rural Utilities Service a
tax equal to 0.8% of such cooperative's invested capital for
the taxable period. The invested capital tax imposed by this
subsection shall not be imposed on electric cooperatives not
required to file reports with the Rural Utilities Service.
(c) If, for any taxable period, the total amount
received by the Department from the tax imposed by subsection
(a) exceeds $145,279,553 plus, for taxable periods subsequent
to 1998, an amount equal to the lesser of (i) 5% or (ii) the
percentage increase in the Consumer Price Index during the
immediately preceding taxable period, of the total amount
received by the Department from the tax imposed by subsection
(a) for the immediately preceding taxable period, determined
after allowance of the credit provided for in this
subsection, the Department shall issue credit memoranda in
the aggregate amount of the excess to each of the taxpayers
who paid any amount of tax under subsection (a) for that
taxable period in the proportion which the amount paid by the
taxpayer bears to the total amount paid by all such
taxpayers. This calculation shall be made as of December 1 of
the year following the immediately preceding taxable period
and shall consist of only those returns with payment then on
file with the Department. All future amendments to returns
and monies covering this period received after December 1 of
the year following the taxable period will not be included in
the calculation of the affected taxable period or any other
taxable period. The provisions of this subsection are not
subject to the Uniform Penalty and Interest Act. Any credit
memorandum issued to a taxpayer under this subsection may be
used as a credit by the taxpayer against its liability in
future taxable periods for tax under subsection (a). Any
amount credited to a taxpayer shall not be refunded to the
taxpayer unless the taxpayer demonstrates to the reasonable
satisfaction of the Department that it will not incur future
liability for tax under subsection (a). The Department shall
adopt reasonable regulations for the implementation of the
provisions of this subsection.
(Source: P.A. 90-561, eff. 1-1-98.)
(35 ILCS 620/6) (from Ch. 120, par. 473)
Sec. 6. If it appears, after claim therefor filed with
the Department, that an amount of tax or penalty or interest
has been paid which was not due under this Act, whether as
the result of a mistake of fact or an error of law, except as
hereinafter provided, then the Department shall issue a
credit memorandum or refund to the person who made the
erroneous payment or, if that person has died or become a
person under legal disability, to his or her legal
representative, as such.
If it is determined that the Department should issue a
credit or refund under this Act, the Department may first
apply the amount thereof against any amount of tax or penalty
or interest due hereunder from the person entitled to such
credit or refund. Any credit memorandum issued under the
Electricity Excise Tax Law may be applied against any
liability incurred under the tax previously imposed by
Section 2 of this Act. For this purpose, if proceedings are
pending to determine whether or not any tax or penalty or
interest is due under this Act from such person, the
Department may withhold issuance of the credit or refund
pending the final disposition of such proceedings and may
apply such credit or refund against any amount found to be
due to the Department as a result of such proceedings. The
balance, if any, of the credit or refund shall be issued to
the person entitled thereto.
If no tax or penalty or interest is due and no proceeding
is pending to determine whether such person is indebted to
the Department for tax or penalty or interest, the credit
memorandum or refund shall be issued to the claimant; or (in
the case of a credit memorandum) the credit memorandum may be
assigned and set over by the lawful holder thereof, subject
to reasonable rules of the Department, to any other person
who is subject to this Act, and the amount thereof shall be
applied by the Department against any tax or penalty or
interest due or to become due under this Act from such
assignee.
As to any claim for credit or refund filed with the
Department on or after each January 1 and July 1, no amounts
erroneously paid more than 3 years prior to such January 1
and July 1, respectively, shall be credited or refunded,
except that if both the Department and the taxpayer have
agreed to an extension of time to issue a notice of tax
liability under this Act, the claim may be filed at any time
prior to the expiration of the period agreed upon.
Claims for credit or refund shall be filed upon forms
provided by the Department. As soon as practicable after any
claim for credit or refund is filed, the Department shall
examine the same and determine the amount of credit or refund
to which the claimant is entitled and shall notify the
claimant of such determination, which amount shall be prima
facie correct.
Any credit or refund that is allowed under this Act shall
bear interest at the rate and in the manner specified in the
Uniform Penalty and Interest Act.
In case the Department determines that the claimant is
entitled to a refund, such refund shall be made only from
such appropriation as may be available for that purpose. If
it appears unlikely that the amount appropriated would permit
everyone having a claim allowed during the period covered by
such appropriation to elect to receive a cash refund, the
Department, by rule or regulation, shall provide for the
payment of refunds in hardship cases and shall define what
types of cases qualify as hardship cases.
(Source: P.A. 90-491, eff. 1-1-98.)
Section 20. The Electricity Excise Tax Law is amended
by changing Sections 2-7, 2-10, and 2-12 as follows:
(35 ILCS 640/2-7)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 2-7. Collection of electricity excise tax.
Beginning with bills for electricity or electric service
issued on and after August 1, 1998, the tax imposed by this
Law shall be collected from the purchaser, other than a
self-assessing purchaser where the delivering supplier or
suppliers are notified by the Department that the purchaser
has been registered as a self-assessing purchaser for the
accounts listed by the self-assessing purchaser as who
provides a copy of an active certification described in
Section Sections 2-10 and 2-10.5 of this Law, by any
delivering supplier maintaining a place of business in this
State at the rates stated in Section 2-4 with respect to the
electricity delivered by such delivering supplier to or for
the purchaser, and shall be remitted to the Department as
provided in Section 2-9 of this Law. All sales to a purchaser
are presumed subject to tax collection unless the Department
notifies purchaser provides the delivering supplier that the
purchaser has been registered as a self-assessing purchaser
for the accounts listed by the self-assessing purchaser as
with a copy of an active certification described in Section
Sections 2-10 and 2-10.5 of this Law. Upon receipt of
notification by the Department an active certification from a
purchaser, the delivering supplier is relieved of all
liability for the collection and remittance of tax from the
self-assessing purchaser for which notification was provided
by the Department who has provided the certification. The
delivering supplier is relieved of the liability for the
collection of the tax from a self-assessing purchaser until
such time as the delivering supplier is notified in writing
by the Department purchaser that the purchaser's
certification as a self-assessing purchaser is no longer in
effect. Delivering suppliers shall collect the tax from
purchasers by adding the tax to the amount of the purchase
price received from the purchaser for delivering electricity
for or to the purchaser. Where a delivering supplier does not
collect the tax from a purchaser, other than a self-assessing
purchaser, as provided herein, such purchaser shall pay the
tax directly to the Department.
(Source: P.A. 90-561, eff. 8-1-98.)
(35 ILCS 640/2-10)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 2-10. Election and registration to be self-assessing
purchaser. Any purchaser for non-residential electric use may
elect to register with the Department as a self-assessing
purchaser and to pay the tax imposed by Section 2-4 directly
to the Department, at the rate stated in that Section for
self-assessing purchasers, rather than paying the tax to such
purchaser's delivering supplier. The election by a purchaser
to register as a self-assessing purchaser may not be revoked
by the purchaser for at least 2 years 12 months thereafter.
A purchaser who revokes his or her registration as a
self-assessing purchaser shall not thereafter be permitted to
register as a self-assessing purchaser within the succeeding
2 years 12 months. A self-assessing purchaser shall renew
his or her registration every 2 years 12 months, or the
registration shall be deemed to be revoked.
Application for a certificate of registration as a
self-assessing purchaser shall be made to the Department upon
forms furnished by the Department and shall contain any
reasonable information the Department may require. The
self-assessing purchaser shall be required to disclose the
name of the delivering supplier or suppliers and each account
numbers for which the self-assessing purchaser elects to pay
the tax imposed by Section 2-4 directly to the Department.
Upon receipt of the application for a certificate of
registration in proper form and payment of an non-refundable
biennial fee of $200, the Department shall issue to the
applicant a certificate of registration that permits the
person to whom it was issued to pay the tax incurred under
this Law directly to the Department for a period of 2 years.
The Department shall notify the delivering supplier or
suppliers that the applicant has been registered as a
self-assessing purchaser for the accounts listed by the
self-assessing purchaser. A certificate of registration
under this Section shall be renewed upon application and
payment of a non-refundable biennial $200 fee, subject to
revocation as provided by this Law, for additional 2-year
periods from the date of its expiration unless otherwise
notified by the Department.
Upon notification by the Department that an applicant has
been registered as a self-assessing purchaser, the delivering
supplier is no longer required to collect the tax imposed by
this Act for the accounts specifically listed by the
self-assessing purchaser, until the delivering supplier is
notified by the Department as set forth below that the
self-assessing purchaser's certificate of registration has
been expired, revoked, or denied.
The Department may deny a certificate of registration to
any applicant if the owner, any partner, any manager or
member of a limited liability company, or a corporate officer
of the applicant, is or has been the owner, a partner, a
manager or member of a limited liability company, or a
corporate officer, of another self-assessing purchaser that
is in default for moneys due under this Law.
Any person aggrieved by any decision of the Department
under this Section may, within 20 days after notice of such
decision, protest and request a hearing, whereupon the
Department shall give notice to such person of the time and
place fixed for such hearing and shall hold a hearing in
conformity with the provisions of this Law and then issue its
final administrative decision in the matter to such person.
In the absence of such a protest within 20 days, the
Department's decision shall become final without any further
determination being made or notice given. Upon the
expiration, revocation, or denial of a certificate of
registration as a self-assessing purchaser, the Department of
Revenue shall provide written notice of the expiration,
revocation, or denial of the certificate to the
self-assessing purchaser's delivering supplier or suppliers.
(Source: P.A. 90-561, eff. 8-1-98.)
(35 ILCS 640/2-12)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 2-12. Applicability of Retailers' Occupation Tax
Act, Public Utilities Revenue Act and Uniform Penalty and
Interest Act. The Department shall have full power to
administer and enforce this Law; to collect all taxes,
penalties and interest due hereunder; to dispose of taxes,
penalties and interest so collected in the manner herein
provided; and to determine all rights to credit memoranda or
refunds arising on account of the erroneous payment of tax,
penalty or interest hereunder.
All of the provisions of Sections 4 (except that the time
limitation provisions shall run from the date when the tax is
due rather than from the date when gross receipts are
received), 5 (except that the time limitation provisions on
the issuances of notices of tax liability shall run from the
date when the tax is due rather than from the date when gross
receipts are received and except that in the case of a
failure to file a return required by this Law, no notice of
tax liability shall be issued on and after each July 1 and
January 1 covering tax due with that return during any month
or period more than 6 years before that July 1 or January 1,
respectively, and except that the 30% penalty provided for in
Section 5 shall not apply), 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i
and 5j of the Retailers' Occupation Tax Act, and Sections 6,
8, 9, 10 and 11 of the Public Utilities Revenue Act, which
are not inconsistent with this Law, and the Uniform Penalty
and Interest Act shall apply, as far as practicable, to the
subject matter of this Law to the same extent as if such
provisions were included herein. References in such
incorporated Sections of the Retailers' Occupation Tax Act
and Public Utilities Revenue Act and to taxpayers and to
persons engaged in the business of selling tangible personal
property at retail means both purchasers and delivering
suppliers maintaining a place of business in this State, as
required by the particular context, when used in this Law.
References in such incorporated Sections of the Retailers'
Occupation Tax Act and Public Utilities Revenue Act to gross
receipts and to gross receipts received means purchase price
or kilowatt-hours used or consumed by the purchaser, as
required by the particular context.
Any credit memorandum issued under the tax imposed by
Section 2 of the Public Utilities Revenue Act may be applied
against liability incurred under this Act. Any credit
memorandum issued under this Act may be applied against
liability incurred under the tax imposed by Section 2 of the
Public Utilities Revenue Act.
(Source: P.A. 90-561, eff. 8-1-98.)
(35 ILCS 640/2-10.5 rep.)
Section 25. The Electricity Excise Tax Law is amended by
repealing Section 2-10.5.
Section 30. The Public Utilities Act is amended by
changing Sections 16-127 and 17-300 as follows:
(220 ILCS 5/16-127)
Sec. 16-127. Environmental disclosure.
(a) Effective January 1, 1999, every electric utility
and alternative retail electric supplier shall provide the
following information, to the maximum extent practicable,
with its bills to its customers on a quarterly basis:
(i) the known sources of electricity supplied,
broken-out by percentages, of biomass power, coal-fired
power, hydro power, natural gas-fired power, nuclear
power, oil-fired power, solar power, wind power and other
resources, respectively; and
(ii) a pie-chart which graphically depicts the
percentages of the sources of the electricity supplied as
set forth in subparagraph (i) of this subsection.
(b) In addition, every electric utility and alternative
retail electric supplier shall provide, to the maximum extent
practicable, with its bills to its customers on a quarterly
basis, a standardized chart in a format to be determined by
the Commission in a rule following notice and hearings which
provides the amounts of carbon dioxide, nitrogen nitrous
oxides and sulfur dioxide emissions and nuclear waste
attributable to the known sources of electricity supplied as
set forth in subparagraph (i) of subsection (a) of this
Section.
(c) The electric utilities and alternative retail
electric suppliers may provide their customers with such
other information as they believe relevant to the information
required in subsections (a) and (b) of this Section.
(d) For the purposes of subsection (a) of this Section,
"biomass" means dedicated crops grown for energy production
and organic wastes.
(e) All of the information provided in subsections (a)
and (b) of this Section shall be presented to the Commission
for inclusion in its World Wide Web Site.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/17-300)
Sec. 17-300. Election to be an alternative retail
electric supplier.
(a) An electric cooperative or municipal system may, by
appropriate action, and at the sole discretion of the
governing body of each, make an election to become an
alternative retail electric supplier. A generation and
transmission electric cooperative may not, as an alternative
retail electric supplier, serve any present or future retail
customers of a distribution electric cooperative not a member
of that generation and transmission electric cooperative
unless at least 30% of the total number of meters of the
generation and transmission electric cooperative's
member-cooperatives are eligible to obtain electric power and
energy from an alternative retail electric supplier other
than the generation and transmission electric cooperative or
an electric utility due to member-cooperative elections
pursuant to either Section 17-200 or 17-300.
(b) Commission authority over an electric cooperative or
municipal system electing to be an alternative retail
electric supplier. An electric cooperative or municipal
system electing to be an alternative retail electric supplier
shall provide those services in accordance with Sections
16-115A and 16-115B of this Act, to the extent that these
Sections have application to the services being offered by
the electric cooperative or municipal system as an
alternative retail electric supplier. In no case shall these
provisions apply to the existing or future customers taking
delivery services from an electric cooperative or municipal
system pursuant to their respective authority under the
Electric Supplier Act or the Illinois Municipal Code.
(c) Notification of election to be an alternative retail
electric supplier. Upon filing notice of intent by an
electric cooperative or a municipal system to become an
alternative retail electric supplier, the Commission shall
issue within 45 days a certificate of service authority for
the entire State or for a specified geographic area of the
State, as specified in the notice. Issuance of a certificate
of service authority shall constitute compliance with Section
16-115 of this Act.
(d) Delivery services provided by electric cooperatives
or municipal systems. Municipal systems or electric
cooperatives making an election under this Section shall be
required to provide delivery services on their respective
systems to the electric utility or utilities in whose service
area or areas the proposed service will be offered. Such
required delivery services to be provided by the electric
cooperatives and municipal systems shall be reasonably
comparable to the delivery services provided to the electric
cooperative's and municipal system's own customers.
(e) Exclusive authority over distribution facilities.
Provided that, and subject to their authority to serve
customers pursuant to the Electric Supplier Act with respect
to electric cooperatives and pursuant to the Illinois
Municipal Code with respect to municipal systems, each shall
continue to provide the exclusive distribution facilities for
any existing and future customers that the electric
cooperative or municipal system is now or in the future
otherwise entitled to serve, and which customers are now or
in the future receiving service provided by an alternative
retail electric supplier.
(Source: P.A. 90-561, eff. 12-16-97.)
Section 35. The Energy Assistance Act of 1989 is amended
by changing Sections 13 and 14 as follows:
(305 ILCS 20/13)
Sec. 13. Supplemental Low-Income Energy Assistance Fund.
(a) The Supplemental Low-Income Energy Assistance Fund
is hereby created as a special fund in the State Treasury.
The Supplemental Low-Income Energy Assistance Fund is
authorized to receive, by statutory deposit, the moneys
collected pursuant to this Section. Subject to
appropriation, the Department shall use moneys from the
Supplemental Low-Income Energy Assistance Fund for payments
to electric or gas public utilities, municipal electric or
gas utilities, and electric cooperatives on behalf of their
customers who are participants in the program authorized by
Section 4 of this Act, for the provision of weatherization
services and for administration of the Supplemental
Low-Income Energy Assistance Fund. The yearly expenditures
for weatherization may not exceed 10% of the amount collected
during the year pursuant to this Section. In determining
which customers will participate in the weatherization
component, the Department shall target weatherization for
those customers with the greatest energy burden, that is the
lowest income and greatest utility bills. The yearly
administrative expenses of the Supplemental Low-Income Energy
Assistance Fund may not exceed 10% of the amount collected
during that year pursuant to this Section.
(b) Notwithstanding the provisions of Section 16-111 of
the Public Utilities Act but subject to subsection (k) of
this Section, each public utility, electric cooperative, as
defined in Section 3.4 of the Electric Supplier Act, and
municipal utility, as referenced in Section 3-105 of the
Public Utilities Act, that is engaged in the delivery of
electricity or the distribution of natural gas within the
State of Illinois shall, effective January 1, 1998, assess
each of its customer accounts a monthly Energy Assistance
Charge for the Supplemental Low-Income Energy Assistance
Fund. The delivering public utility, municipal electric or
gas utility, or electric or gas cooperative for a
self-assessing purchaser remains subject to the collection of
the fee imposed by this Section. The monthly charge shall be
as follows:
(1) $0.40 per month on each account for residential
electric service;
(2) $0.40 per month on each account for residential
gas service;
(3) $4 per month on each account for
non-residential electric service which had less than 10
megawatts of peak demand during the previous calendar
year;
(4) $4 per month on each account for
non-residential gas service which had distributed to it
less than 4,000,000 therms of gas during the previous
calendar year;
(5) $300 per month on each account for
non-residential electric service which had 10 megawatts
or greater of peak demand during the previous calendar
year; and
(6) $300 per month on each account for
non-residential gas service which had 4,000,000 or more
therms of gas distributed to it during the previous
calendar year.
(c) For purposes of this Section:
(1) "residential electric service" means electric
utility service for household purposes delivered to a
dwelling of 2 or fewer units which is billed under a
residential rate, or electric utility service for
household purposes delivered to a dwelling unit or units
which is billed under a residential rate and is
registered by a separate meter for each dwelling unit;
(2) "residential gas service" means gas utility
service for household purposes distributed to a dwelling
of 2 or fewer units which is billed under a residential
rate, or gas utility service for household purposes
distributed to a dwelling unit or units which is billed
under a residential rate and is registered by a separate
meter for each dwelling unit;
(3) "non-residential electric service" means
electric utility service which is not residential
electric service; and
(4) "non-residential gas service" means gas utility
service which is not residential gas service.
(d) At least 45 days prior to the date on which it must
begin assessing Energy Assistance Charges, each public
utility engaged in the delivery of electricity or the
distribution of natural gas shall file with the Illinois
Commerce Commission tariffs incorporating the Energy
Assistance Charge in other charges stated in such tariffs.
(e) The Energy Assistance Charge assessed by electric
and gas public utilities shall be considered a charge for
public utility service.
(f) By the 20th day of the month following the month in
which the charges imposed by the Section were collected On a
monthly basis, each public utility, municipal utility, and
electric cooperative shall remit to the Department of Revenue
all moneys received as payment of the Energy Assistance
Charge on a return prescribed and furnished by the Department
of Revenue showing such information as the Department of
Revenue may reasonably require. If a customer makes a
partial payment, a public utility, municipal utility, or
electric cooperative may elect either: (i) to apply such
partial payments first to amounts owed to the utility or
cooperative for its services and then to payment for the
Energy Assistance Charge or (ii) to apply such partial
payments on a pro-rata basis between amounts owed to the
utility or cooperative for its services and to payment for
the Energy Assistance Charge.
(g) The Department of Revenue shall deposit into the
Supplemental Low-Income Energy Assistance Fund all moneys
remitted to it in accordance with subsection (f) of this
Section.
(h) If as of June 30 December 31, 2002 the program
authorized by Section 4 of this Act has not been replaced by
a new energy assistance program which is in operation, then
the General Assembly shall review the program; provided
however, that after that date, any public utility, municipal
utility, or electric cooperative shall continue to assess an
Energy Assistance Charge which was originally assessed on or
before June 30 December 31, 2002 and which remains unpaid.
On or before December 31, 2002 2003, the Department shall
prepare a report for the General Assembly on the expenditure
of funds appropriated from the Low-Income Energy Assistance
Block Grant Fund for the program authorized under Section 4
of this Act.
(i) The Department of Revenue may establish such rules
as it deems necessary to implement this Section.
(j) The Department of Commerce and Community Affairs may
establish such rules as it deems necessary to implement this
Section.
(k) The charges imposed by this Section shall only apply
to customers of municipal electric or gas utilities and
electric or gas cooperatives if the municipal electric or gas
utility or electric or gas cooperative makes an affirmative
decision to impose the charge. If a municipal electric or
gas utility or an electric cooperative makes an affirmative
decision to impose the charge provided by this Section, the
municipal electric or gas utility or electric cooperative
shall inform the Department of Revenue in writing of such
decision when it begins to impose the charge. If a municipal
electric or gas utility or electric or gas cooperative does
not assess this charge, the Department may not use funds from
the Supplemental Low-Income Energy Assistance Fund to provide
benefits to its customers under the program authorized by
Section 4 of this Act.
(Source: P.A. 90-561, eff. 12-16-97.)
(305 ILCS 20/14)
Sec. 14. Energy Assistance Program Design Group.
(a) This Section establishes an Energy Assistance
Program Design Group to advise the General Assembly with
respect to designing a low-income energy assistance program
for the period beginning on July 1, 2002 January 1, 2003.
(b) The Energy Assistance Program Design Group shall be
chaired by the Director of Commerce and Community Affairs or
his or her designee. There shall be 4 legislative members and
13 non-legislative members of the Energy Assistance Program
Design Group. The 4 legislative members shall be appointed as
follows: one member of the House of Representatives appointed
by the Speaker of the House of Representatives, one member of
the House of Representatives appointed by the Minority Leader
of the House of Representatives, one member of the Senate
appointed by the President of the Senate, and one member of
the Senate appointed by the Minority Leader of the Senate.
The non-legislative members of the Energy Assistance Program
Design Group shall include the chairperson and the following
12 members: (i) one member designated by the Illinois
Commerce Commission; (ii) one member designated by the
Illinois Department of Natural Resources; (iii) one member
designated by the Illinois Energy Association to represent
electric public utilities serving in excess of 1 million
customers in this State; (iv) one member agreed upon by gas
public utilities that serve more than 500,000 customers in
this State; (v) one member designated by the Illinois Energy
Association to represent combination gas and electric public
utilities; (vi) one member agreed upon by the Illinois
Municipal Electric Agency and the Association of Illinois
Electric Co-operatives; (vii) one member designated by the
Midwest Independent Power Suppliers Coordination Group;
(viii) one member designated by the National Training and
Information Center to represent low-income energy consumers;
(ix) one member designated by the Illinois Community Action
Association to represent local agencies that assist in the
administration of this Act; (x) one member designated by the
Citizens Utility Board to represent residential energy
consumers; (xi) one member designated by the Illinois Retail
Merchants Association to represent commercial energy
customers; and (xii) one member designated by the Illinois
Industrial Energy Consumers. The appointments of the
legislative members shall be submitted to the chairman of the
Energy Assistance Program Design Group within 30 days of the
effective date of this amendatory Act of 1998 and within 30
days of a new General Assembly convening. The names of the
non-legislative members shall be submitted to the chairperson
of the Energy Assistance Program Design Group by the
designating organization within 30 days of the effective date
of this amendatory Act of 1998. The designating organization
shall notify the chairperson of any changes or substitutions
of a designee within 10 business days of the change or
substitution. As promptly as practicable following the
enactment of this amendatory Act of 1997, the General
Assembly, or a Joint Committee thereof, shall establish an
Energy Assistance Program Design Group. The Energy
Assistance Program Design Group shall be chaired by the
Director of the Department of Commerce and Community Affairs
and shall include one representative of each of the
following: (i) the Illinois Commerce Commission; (ii) the
Department of Natural Resources; (iii) electric public
utilities; (iv) gas public utilities; (v) combination gas and
electric public utilities; (vi) municipal utilities and
electric cooperatives; (vii) electricity and natural gas
marketers; (viii) low-income energy customers; (ix) local
agencies engaged by the Department of Commerce and Community
Affairs to assist in the administration of the Energy
Assistance Act of 1989; (x) residential energy customers;
(xi) commercial energy customers; and (xii) industrial energy
customers.
(c) Within 3 months of its establishment, the Energy
Assistance Program Design Group shall meet to begin
consideration of the design and implementation of an energy
assistance program in Illinois for the period beginning on
July 1, 2002 January 1, 2003. Within 12 months of its
establishment, the Program Design Group shall hold public
hearings to assist its deliberations.
(d) The Program Design Group shall provide a report
containing its recommendations to the General Assembly on or
before January 1, 2001 2002. This report must include the
following:
(1) recommendations on the definition of an
eligible low-income residential customer;
(2) recommendations regarding the continuation of
the program authorized by Section 4 of this Act and the
Supplemental Low-Income Energy Assistance Fund;
(3) recommendations on ensuring low-income
residential customers have access to essential energy
services;
(4) recommendations on addressing past due amounts
owed to utilities by low-income persons in Illinois;
(5) demographic and other information (including
household consumption information) necessary to determine
the total number of customers eligible for assistance,
the total number of customers likely to apply for
assistance, and funding estimates for any recommended
program;
(6) recommendations on appropriate measures to
encourage energy conservation, efficiency, and
responsibility among low-income residential customers;
(7) any recommended changes to existing
legislation; and
(8) an estimate of the cost of implementing the
Program Design Group's recommendations.
(e) The recommendations adopted by the Program Design
Group shall be competitively neutral in their impact on
providers in the energy market and shall spread program costs
across the broadest possible base.
(f) The Department of Commerce and Community Affairs
shall hold public hearings on the recommendations of the
Energy Assistance Program Design Group during calendar year
2001 2002.
(Source: P.A. 90-561, eff. 12-16-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.