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  Public Act 102-0176   | 
| SB0265 Enrolled | LRB102 15310 KTG 20666 b |  
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    AN ACT concerning public aid. 
     | 
    Be it enacted by the People of the State of Illinois,
  | 
represented in the General Assembly:
  
    | 
    Section 5. The Energy Assistance Act is amended  by  | 
changing Sections 6, 13, and 18 and  by adding Section 20 as  | 
follows:  
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    (305 ILCS 20/6)  (from Ch. 111 2/3, par. 1406)
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    Sec. 6. Eligibility, Conditions of Participation, and  | 
Energy Assistance. 
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    (a) Any person who is a resident of the State of Illinois  | 
and whose
household income is not greater than an amount  | 
determined annually by the
Department, in consultation with  | 
the Policy Advisory Council, may
apply for assistance pursuant  | 
to this Act in accordance with regulations
promulgated by the  | 
Department. In setting the annual eligibility level, the
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Department shall consider the amount of available funding and  | 
may not set a
limit higher than  150% of the federal nonfarm  | 
poverty level as established by
the federal Office of  | 
Management and Budget or 60% of the State median income for the  | 
current State fiscal year as established by the U.S.  | 
Department of Health and Human Services; except that for the  | 
period from the effective date of this amendatory Act of the  | 
101st General Assembly through June 30, 2021, the Department  | 
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may establish limits not higher than 200% of that poverty  | 
level. The Department, in consultation with the Policy  | 
Advisory Council, may adjust the percentage of poverty level  | 
annually in accordance with federal guidelines and based on  | 
funding availability. 
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    (b) Applicants who qualify for assistance pursuant to  | 
subsection (a) of
this Section shall, subject to appropriation  | 
from the General Assembly and
subject to availability of funds  | 
to the Department, receive energy
assistance as provided by  | 
this Act.  The Department, upon receipt
of monies authorized  | 
pursuant to this Act for energy assistance, shall commit
funds  | 
for each qualified applicant in an amount determined by the
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Department.  In determining the amounts of assistance to be  | 
provided to or
on behalf of a qualified applicant, the  | 
Department shall ensure that the
highest amounts of assistance  | 
go to households with the greatest energy
costs in relation to  | 
household income.  The Department shall include
factors such as  | 
energy costs, household size, household income, and region
of  | 
the State when determining individual household benefits.  In  | 
setting
assistance levels, the Department shall attempt to  | 
provide assistance to
approximately the same number of  | 
households who participated in the 1991
Residential Energy  | 
Assistance Partnership Program.  Such assistance levels
shall  | 
be adjusted annually on the basis of funding
availability and  | 
energy costs.  In promulgating rules for the
administration of  | 
this
Section the Department shall assure that a minimum of 1/3  | 
 | 
of funds
available for benefits to eligible households with  | 
the lowest incomes and that elderly households, households  | 
with children under the age of 6 years old, and households with  | 
persons with disabilities are offered a priority application
 | 
period.
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    (c) If the applicant is not a customer of record of an  | 
energy provider for
energy services or an applicant for such  | 
service, such applicant shall
receive a direct energy  | 
assistance payment in an amount established by the
Department  | 
for all such applicants under this Act; provided, however,  | 
that
such an applicant must have rental expenses for housing  | 
greater than 30% of
household income.
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    (c-1) This subsection shall apply only in cases where: (1)  | 
the applicant is not a customer of record of an energy provider  | 
because energy services are provided by the owner of the unit  | 
as a portion of the rent; (2) the applicant resides in housing  | 
subsidized or developed with funds provided under the Rental  | 
Housing Support Program Act or under a similar locally funded  | 
rent subsidy program, or is the voucher holder who resides in a  | 
rental unit within the State of Illinois and whose monthly  | 
rent is subsidized by the tenant-based Housing Choice Voucher  | 
Program under Section 8 of the U.S. Housing Act of 1937; and  | 
(3) the rental expenses for housing are no more than 30% of  | 
household income. In such cases, the household may apply for  | 
an energy assistance payment under this Act and the owner of  | 
the housing unit shall cooperate with the applicant by  | 
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providing documentation of the energy costs for that unit. Any  | 
compensation paid to the energy provider who supplied energy  | 
services to the household shall be paid on behalf of the owner  | 
of the housing unit providing energy services to the  | 
household. The Department shall report annually to the General  | 
Assembly on the number of households receiving energy  | 
assistance under this subsection and the cost of such  | 
assistance. The provisions of this subsection (c-1), other  | 
than this sentence, are inoperative after August 31, 2012.  | 
    (d) If the applicant is a customer of an energy provider,  | 
such
applicant shall receive energy assistance in an amount  | 
established by the
Department for all such applicants under  | 
this Act, such amount to be paid
by the Department to the  | 
energy provider supplying winter energy service to
such  | 
applicant.  Such applicant shall:
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        (i) make all reasonable efforts to apply to any other  | 
    appropriate
source of public energy assistance; and
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        (ii) sign a waiver permitting the Department to  | 
    receive income
information from any public or private  | 
    agency providing income or energy
assistance and from any  | 
    employer, whether public or private.
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    (e) Any qualified applicant pursuant to this Section may  | 
receive or have
paid on such applicant's behalf an emergency  | 
assistance payment to enable
such applicant to obtain access  | 
to winter energy services.  Any such
payments shall be made in  | 
accordance with regulations of the Department.
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    (f) The Department may, if sufficient funds are available,  | 
provide
additional benefits to certain qualified applicants:
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        (i) for the reduction of past due amounts owed to  | 
    energy providers;
and
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        (ii) to assist the household in responding to  | 
    excessively high summer
temperatures or energy costs.  | 
    Households containing elderly members, children,
a person  | 
    with a disability, or a person with a medical need for  | 
    conditioned air
shall receive priority for receipt of such  | 
    benefits.
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(Source: P.A. 101-636, eff. 6-10-20.)
  
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    (305 ILCS 20/13)
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    (Section scheduled to be repealed on January 1, 2025) | 
    Sec. 13. Supplemental Low-Income Energy Assistance Fund. 
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    (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 moneys from voluntary donations from individuals,  | 
foundations, corporations, and other sources, moneys received  | 
pursuant to Section 17, and, by statutory deposit, the moneys
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collected pursuant to this Section. The Fund is also  | 
authorized to receive voluntary donations from individuals,  | 
foundations, corporations, and other sources.  Subject to  | 
appropriation,
the Department shall use
moneys from the  | 
Supplemental Low-Income Energy Assistance Fund
for payments to  | 
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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  | 
Sections 4 and 18 of this Act, for the provision of
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weatherization services and for
administration of the  | 
Supplemental Low-Income Energy
Assistance Fund. All other  | 
deposits outside of the Energy Assistance Charge as set forth  | 
in subsection (b) are not subject to the percentage  | 
restrictions related to administrative and weatherization  | 
expenses provided in this subsection.  The yearly expenditures  | 
for weatherization may not exceed 10%
of the amount collected  | 
during the year pursuant to this Section, except when unspent  | 
funds from the Supplemental Low-Income Energy Assistance Fund  | 
are reallocated from a previous year; any unspent balance of  | 
the 10% weatherization allowance may be utilized for  | 
weatherization expenses in the year they are reallocated.   The  | 
yearly administrative expenses of the
Supplemental Low-Income  | 
Energy Assistance Fund may not exceed
13% 10% of the amount  | 
collected during that year
pursuant to this Section, except  | 
when unspent funds from the Supplemental Low-Income Energy  | 
Assistance Fund are reallocated from a previous year; any  | 
unspent balance of the 13% 10% administrative allowance may be  | 
utilized for administrative expenses in the year they are  | 
reallocated. Of the 13% administrative allowance, no less than  | 
8% shall be provided to Local Administrative Agencies for  | 
administrative expenses. 
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    (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, 2022 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
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the
fee imposed by this Section.
 The
monthly charge shall be as  | 
follows:
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        (1) Base Energy Assistance Charge per month on each
             | 
    account for residential electrical service;  | 
        (2) Base Energy Assistance Charge per month on each
             | 
    account for residential gas service;  | 
        (3) Ten times the Base Energy Assistance Charge 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) Ten times the Base Energy Assistance Charge per
             | 
    month on each account for non-residential gas
            service  | 
    which had distributed to it less than
            4,000,000 therms of  | 
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    gas during the previous
            calendar year;  | 
        (5) Three hundred and seventy-five times the Base
             | 
    Energy Assistance Charge 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) Three hundred and seventy-five times the Base
             | 
    Energy Assistance Charge 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.  | 
    The Base Energy Assistance Charge shall be $0.48
        per month  | 
for the calendar year beginning January
        1, 2022 and shall  | 
increase by $0.16 per month for
        any calendar year, provided no  | 
less than 80% of the
        previous State fiscal year's available
         | 
Supplemental Low-Income Energy Assistance Fund
        funding was  | 
exhausted. The maximum Base Energy
        Assistance Charge shall not  | 
exceed $0.96 per month
        for any calendar year.  | 
        (1) $0.48 per month on each account for
residential  | 
    electric service;
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        (2) $0.48 per month on each account for
residential  | 
    gas service;
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        (3) $4.80 per month on each account for  | 
    non-residential electric service
which had less than 10  | 
    megawatts
of peak demand during the previous calendar  | 
    year;
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        (4) $4.80 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;
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        (5) $360 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
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        (6) $360 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.  | 
    The incremental change to such charges imposed by Public  | 
Act 99-933 and this amendatory Act of the 102nd General  | 
Assembly this amendatory Act of the 96th General Assembly  | 
shall not (i) be used for any purpose other than to directly  | 
assist customers and (ii) be applicable to utilities serving  | 
less than 25,000 100,000 customers in Illinois on January 1,  | 
2021 2009. The incremental change to such charges imposed by  | 
this amendatory Act of the 102nd General Assembly are intended  | 
to increase utilization of the Percentage of Income Payment  | 
Plan (PIPP or PIP Plan) and shall be applied such that PIP Plan  | 
enrollment is at least doubled, as compared to 2020  | 
enrollment, by 2024.  | 
    In addition, electric and gas utilities have committed,  | 
and shall contribute, a one-time payment of $22 million to the  | 
Fund, within 10 days after the effective date of the tariffs  | 
established pursuant to Sections 16-111.8 and 19-145 of the  | 
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Public Utilities Act to be used for the Department's cost of  | 
implementing the programs described in Section 18 of this  | 
amendatory Act of the 96th General Assembly, the Arrearage  | 
Reduction Program described in Section 18, and the programs  | 
described in Section 8-105 of the Public Utilities Act. If a  | 
utility elects not to file a rider within 90 days after the  | 
effective date of this amendatory Act of the 96th General  | 
Assembly, then the contribution from such utility shall be  | 
made no later than February 1, 2010. 
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    (c) For purposes of this Section:
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        (1) "residential electric service" means
electric  | 
    utility service for household purposes delivered to a
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    dwelling of 2 or fewer units which is billed under a
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    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;
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        (2) "residential gas service" means gas utility
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    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;  | 
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    and
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        (4) "non-residential gas service" means gas
utility  | 
    service which is not residential gas service.
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    (d) Within 30 days after the effective date of this  | 
amendatory Act of the 96th General Assembly, each public
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utility engaged in the delivery of electricity or the
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distribution of natural gas shall file with the Illinois
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Commerce Commission tariffs incorporating the Energy
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Assistance Charge in other charges stated in such tariffs,  | 
which shall become effective no later than the beginning of  | 
the first billing cycle following such filing.
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    (e) The Energy Assistance Charge assessed by
electric and  | 
gas public utilities shall be considered a charge
for public  | 
utility service.
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    (f) By the 20th day of the month following the month in  | 
which the charges
imposed by the Section were collected, 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; provided, however, that a utility offering an  | 
Arrearage Reduction Program or Supplemental Arrearage  | 
Reduction Program pursuant to Section 18 of this Act shall be  | 
entitled to net those amounts necessary to fund and recover  | 
the costs of such Programs as authorized by that Section that  | 
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is no more than the incremental change in such Energy  | 
Assistance Charge authorized by Public Act 96-33.  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.
 | 
    If any payment provided for in this Section exceeds the  | 
distributor's liabilities under this Act, as shown on an  | 
original return, the Department may authorize the distributor  | 
to credit such excess payment against liability subsequently  | 
to be remitted to the Department under this Act, in accordance  | 
with reasonable rules adopted by the Department. If the  | 
Department subsequently determines that all or any part of the  | 
credit taken was not actually due to the distributor, the  | 
distributor's discount shall be reduced by an amount equal to  | 
the difference between the discount as applied to the credit  | 
taken and that actually due, and that distributor shall be  | 
liable for penalties and interest on such difference.  | 
    (g) The Department of Revenue shall deposit into the
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Supplemental Low-Income Energy Assistance Fund all moneys
 | 
remitted to it in accordance with subsection (f) of this
 | 
Section. ; provided, however, that the amounts remitted by  | 
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each utility shall be used to provide assistance to that  | 
utility's customers.  The utilities shall coordinate with the  | 
Department to establish an equitable and practical methodology  | 
for implementing this subsection (g) beginning with the 2010  | 
program year.
 | 
    (h) On or before December 31, 2002, the Department shall
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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 Economic Opportunity
 | 
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.
 | 
    In its use of federal funds under this Act, the Department  | 
may not cause a
disproportionate share of those federal funds  | 
to benefit customers of systems
which do not assess the charge  | 
provided by this Section.
 | 
    This Section is repealed on January 1, 2025
unless
renewed  | 
by action of the General Assembly.
 | 
(Source: P.A. 99-457, eff. 1-1-16; 99-906, eff. 6-1-17;  | 
99-933, eff. 1-27-17; 100-863, eff. 8-14-18; 100-1171, eff.  | 
1-4-19.)
   | 
    (305 ILCS 20/18) | 
    Sec. 18. Financial assistance; payment plans. | 
    (a) The Percentage of Income Payment Plan (PIPP or PIP  | 
Plan) is hereby created as a mandatory bill payment assistance  | 
program for low-income residential customers of utilities  | 
serving more than 100,000 retail customers as of January 1,  | 
2021 2009.  The PIP Plan will: | 
        (1) bring participants' gas and electric bills into  | 
    the range of affordability; | 
        (2) provide incentives for participants to make timely  | 
    payments; | 
        (3) encourage participants to reduce usage and  | 
 | 
    participate in conservation and energy efficiency measures  | 
    that reduce the customer's bill and payment requirements;  | 
    and | 
        (4) identify participants whose homes are most in need  | 
    of weatherization; and . | 
        (5) endeavor to maximize participation and spend at  | 
    least 80% of the funding available for the year.  | 
    (b)  For purposes of this Section: | 
        (1) "LIHEAP" means the energy assistance program  | 
    established under the Illinois Energy Assistance Act and  | 
    the Low-Income Home Energy Assistance Act of 1981. | 
        (2) "Plan participant" is an eligible participant who  | 
    is also eligible for the PIPP and who will receive either a  | 
    percentage of income payment credit under the PIPP  | 
    criteria set forth in this Act or a benefit pursuant to  | 
    Section 4 of this Act.  Plan participants are a subset of  | 
    eligible participants. | 
        (3) "Pre-program arrears" means the amount a plan  | 
    participant owes for gas or electric service at the time  | 
    the participant is determined to be eligible for the PIPP  | 
    or the program set forth in Section 4 of this Act. | 
        (4) "Eligible participant" means any person who has  | 
    applied for, been accepted and is receiving residential  | 
    service from a gas or electric utility and who is also  | 
    eligible for LIHEAP or otherwise satisfies the eligibility  | 
    criteria set forth in paragraph (1) of subsection (c). | 
 | 
    (c)   The PIP Plan shall be administered as follows: | 
        (1) The Department shall coordinate with Local  | 
    Administrative Agencies (LAAs),  to determine eligibility  | 
    for the Illinois Low Income Home Energy Assistance Program  | 
    (LIHEAP) pursuant to the Energy Assistance Act, provided  | 
    that eligible income shall be no more than 150% of the  | 
    poverty level or 60% of the State median income, except  | 
    that for the period from the effective date of this  | 
    amendatory Act of the 101st General Assembly through June  | 
    30, 2021, eligible income shall be no more than 200% of the  | 
    poverty level. Applicants will be screened to determine  | 
    whether the applicant's projected payments for electric  | 
    service or natural gas service over a 12-month period  | 
    exceed the criteria established in this Section. The  | 
    Department, in consultation with the Policy Advisory  | 
    Council, may adjust the percentage of  poverty level  | 
    annually to determine income eligibility.  To maintain the  | 
    financial integrity of the program, the Department may  | 
    limit eligibility to households with income below 125% of  | 
    the poverty level. | 
        (2) The Department shall establish the percentage of  | 
    income formula to determine the amount of  a monthly credit  | 
    for participants with eligible income based on poverty  | 
    level. , not to exceed $150  per month per household, not to  | 
    exceed $1,800 annually; however, for the period from the  | 
    effective date of this amendatory Act of the 101st General  | 
 | 
    Assembly through June 30, 2021, the monthly credit for  | 
    participants with eligible income over 100% of the poverty  | 
    level may be as much as $200 per month per household, not  | 
    to exceed $2,400 annually, and, the monthly credit for  | 
    participants with eligible income 100% or less of the  | 
    poverty level may be as much as $250 per month per  | 
    household, not to exceed $3,000 annually. Credits will be  | 
    applied to PIP Plan participants' utility bills based on  | 
    the portion of the bill that is the responsibility of the  | 
    participant provided that the percentage shall be no more  | 
    than  a total of 6% of the relevant income for gas and  | 
    electric utility bills combined, but in any event no less  | 
    than $10 per month, unless the household does not pay  | 
    directly for heat, in which case its payment shall be 2.4%  | 
    of income but in any event no less than $5 per month.  The  | 
    Department, in consultation with the Policy Advisory  | 
    Council, may adjust such monthly credit amounts annually  | 
    and may establish a minimum credit amount based on the  | 
    cost of administering the program and may deny credits to  | 
    otherwise eligible participants if the cost of  | 
    administering the credit exceeds the actual amount of any  | 
    monthly credit to a participant. If the participant takes  | 
    both gas and electric service, 50% 66.67% of the credit  | 
    shall be allocated to the entity that provides the  | 
    participant's primary energy supply for heating.   Each  | 
    participant shall enter into a levelized payment plan for,  | 
 | 
    as applicable, gas and electric service and such plans  | 
    shall be implemented by the utility so that a  | 
    participant's usage and required payments are reviewed and  | 
    adjusted regularly, but no more frequently than quarterly.
 | 
    Nothing in this Section is intended to prohibit a  | 
    customer, who is otherwise eligible for LIHEAP, from  | 
    participating in the program described in Section 4 of  | 
    this Act.  Eligible participants who receive such a benefit  | 
    shall be considered plan participants and shall be  | 
    eligible to participate in the Arrearage Reduction Program  | 
    described in item (5) of this subsection (c). | 
        (3) The Department shall remit, through the LAAs,  to  | 
    the utility or participating alternative supplier that  | 
    portion of the plan participant's bill that is not the  | 
    responsibility of the participant.  In the event that the  | 
    Department fails to timely remit payment to the utility,  | 
    the utility shall be entitled to recover all costs related  | 
    to such nonpayment through the automatic adjustment clause  | 
    tariffs established pursuant to Section 16-111.8 and  | 
    Section 19-145 of the Public Utilities Act.  For purposes  | 
    of this item (3) of this subsection (c), payment is due on  | 
    the date specified on the participant's bill.   The  | 
    Department, the Department of Revenue and LAAs shall adopt  | 
    processes that provide for the timely payment required by  | 
    this item (3) of this subsection (c). | 
        (4) A plan participant is responsible for all actual  | 
 | 
    charges for utility service in excess of the PIPP credit.   | 
    Pre-program arrears that are included in the Arrearage  | 
    Reduction Program described in item (5) of this subsection  | 
    (c) shall not be included in the calculation of the  | 
    levelized payment plan. Emergency or crisis assistance  | 
    payments shall not affect the amount of any PIPP credit to  | 
    which a participant is entitled. | 
        (5)  Electric and gas utilities subject to this Section  | 
    shall implement an Arrearage Reduction Program (ARP) for  | 
    plan participants as follows:  for each month that a plan  | 
    participant timely pays his or her utility bill, the  | 
    utility shall apply a credit to a portion of the  | 
    participant's pre-program arrears, if any, equal to  | 
    one-twelfth of such arrearage provided that the total  | 
    amount of arrearage credits shall equal no more than  | 
    $1,000 annually for each participant for gas and no more  | 
    than $1,000 annually for each participant for electricity.   | 
    In the third year of the PIPP, the Department, in  | 
    consultation with the Policy Advisory Council established  | 
    pursuant to Section 5 of this Act, shall determine by rule  | 
    an appropriate per participant total cap on such amounts,  | 
    if any. Those plan participants participating in the ARP  | 
    shall not be subject to the imposition of any additional  | 
    late payment fees  on pre-program arrears covered by the  | 
    ARP.  In all other respects, the utility shall bill and  | 
    collect the monthly bill of a plan participant pursuant to  | 
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    the same rules, regulations, programs and policies as  | 
    applicable to residential customers generally.  | 
    Participation in the Arrearage Reduction Program shall be  | 
    limited to the maximum amount of funds available as set  | 
    forth in subsection (f) of Section 13 of this Act.  In the  | 
    event any donated funds under Section 13 of this Act are  | 
    specifically designated for the purpose of funding the  | 
    ARP, the Department shall remit such amounts to the  | 
    utilities upon verification that such funds are needed to  | 
    fund the ARP. Nothing in this Section shall preclude a  | 
    utility from continuing to implement, and apply credits  | 
    under, an ARP in the event that the PIPP or LIHEAP is  | 
    suspended due to lack of funding such that the plan  | 
    participant does not receive a benefit under either the  | 
    PIPP or LIHEAP. | 
        (5.5) In addition to the ARP described in paragraph  | 
    (5) of this subsection (c), utilities may also implement a  | 
    Supplemental Arrearage Reduction Program (SARP) for  | 
    eligible participants who are not able to become plan  | 
    participants due to PIPP timing or funding constraints.  If  | 
    a utility elects to implement a SARP, it shall be  | 
    administered as follows:  for each month that a SARP  | 
    participant timely pays his or her utility bill, the  | 
    utility shall apply a credit to a portion of the  | 
    participant's pre-program arrears, if any, equal to  | 
    one-twelfth of such arrearage, provided that the utility  | 
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    may limit the total amount of arrearage credits to no more  | 
    than $1,000 annually for each participant for gas and no  | 
    more than $1,000 annually for each participant for  | 
    electricity. SARP participants shall not be subject to the  | 
    imposition of any additional late payment fees on  | 
    pre-program arrears covered by the SARP. In all other  | 
    respects, the utility shall bill and collect the monthly  | 
    bill of a SARP participant under the same rules,  | 
    regulations, programs, and policies as applicable to  | 
    residential customers generally. Participation in the SARP  | 
    shall be limited to the maximum amount of funds available  | 
    as set forth in subsection (f) of Section 13 of this Act.  | 
    In the event any donated funds under Section 13 of this Act  | 
    are specifically designated for the purpose of funding the  | 
    SARP, the Department shall remit such amounts to the  | 
    utilities upon verification that such funds are needed to  | 
    fund the SARP.  | 
        (6) The Department may terminate a plan participant's  | 
    eligibility for the PIP Plan upon notification by the  | 
    utility that the participant's monthly utility payment is  | 
    more than 75 45 days past due. One-twelfth of a customer's  | 
    arrearage shall be deducted from the total arrearage owed  | 
    for each on-time payment made by the customer.  | 
        (7) The Department, in consultation with the Policy  | 
    Advisory Council, may adjust the number of PIP Plan  | 
    participants annually, if necessary, to match the  | 
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    availability of funds. Any plan participant who qualifies  | 
    for a PIPP credit under a utility's PIPP shall be entitled  | 
    to participate in and receive a credit under such  | 
    utility's ARP for so long as such utility has ARP funds  | 
    available, regardless of whether the customer's  | 
    participation under another utility's PIPP or ARP has been  | 
    curtailed or limited because of a lack of funds.  | 
        (8) The Department shall fully implement the PIPP at  | 
    the earliest possible date it is able to effectively  | 
    administer the PIPP.  Within 90 days of the effective date  | 
    of this amendatory Act of the 96th General Assembly, the  | 
    Department shall, in consultation with utility companies,  | 
    participating alternative suppliers, LAAs and the Illinois  | 
    Commerce Commission (Commission), issue a detailed  | 
    implementation plan which shall include detailed testing  | 
    protocols and analysis of the capacity for implementation  | 
    by the LAAs and utilities.  Such consultation process also  | 
    shall address how to implement the PIPP in the most  | 
    cost-effective and timely manner, and shall identify  | 
    opportunities for relying on the expertise of utilities,  | 
    LAAs and the Commission. Following the implementation of  | 
    the testing protocols, the Department shall issue a  | 
    written report on the feasibility of full or gradual  | 
    implementation.  The PIPP shall be fully implemented by  | 
    September 1, 2011, but may be phased in prior to that date. | 
        (9)  As part of the screening process established under  | 
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    item (1) of this subsection (c), the Department and LAAs  | 
    shall assess whether any energy efficiency or demand  | 
    response measures are available to the plan participant at  | 
    no cost, and if so, the participant shall enroll in any  | 
    such program for which he or she is eligible.  The LAAs  | 
    shall assist the participant in the applicable enrollment  | 
    or application process. | 
        (10)  Each alternative retail electric and gas supplier  | 
    serving residential customers shall elect whether to  | 
    participate in the PIPP or ARP described in this Section.  | 
    Any such supplier electing to participate in the PIPP  | 
    shall provide to the Department such information as the  | 
    Department may require, including, without limitation,  | 
    information sufficient for the Department to determine the  | 
    proportionate allocation of credits between the  | 
    alternative supplier and the utility.   If a utility in  | 
    whose service territory an alternative supplier serves  | 
    customers contributes money to the ARP fund which is not  | 
    recovered from ratepayers, then an alternative supplier  | 
    which participates in ARP in that utility's service  | 
    territory shall also contribute to the ARP fund in an  | 
    amount that is commensurate with the number of alternative  | 
    supplier customers who elect to participate in the  | 
    program. | 
        (11) The PIPP shall be designed and implemented each  | 
    year to maximize participation and spend at least 80% of  | 
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    the funding available for the year.  | 
    (d)  The Department, in consultation with the Policy  | 
Advisory Council,  shall develop and implement a program to  | 
educate customers  about the PIP Plan and about their rights  | 
and responsibilities under the percentage of income component.   | 
The Department, in consultation with the Policy Advisory  | 
Council, shall establish a process that LAAs shall use to  | 
contact customers in jeopardy of losing eligibility due to  | 
late payments.  The Department shall ensure that LAAs are  | 
adequately funded to perform all necessary educational tasks. | 
    (e)  The PIPP shall be administered in a manner which  | 
ensures that credits to plan participants will not be counted  | 
as income or as a resource in other means-tested assistance  | 
programs for low-income households or otherwise result in the  | 
loss of federal or State assistance dollars for low-income  | 
households. | 
    (f)  In order to ensure that implementation costs are  | 
minimized, the Department and utilities shall work together to  | 
identify cost-effective ways to transfer information  | 
electronically and to employ available protocols that will  | 
minimize their respective administrative costs as follows: | 
        (1)  The Commission may require utilities to provide  | 
    such information on customer usage and billing and payment  | 
    information as required by the Department to implement the  | 
    PIP Plan and to provide written notices and communications  | 
    to plan participants. | 
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        (2) Each utility and participating alternative  | 
    supplier shall file annual reports with the Department and  | 
    the Commission that cumulatively summarize and update  | 
    program information as required by the Commission's rules.   | 
    The reports shall track implementation costs and contain  | 
    such information as is necessary to evaluate the success  | 
    of the PIPP. | 
        (2.5) The Department shall annually prepare and submit  | 
    a report to the General Assembly, the Commission, and the  | 
    Policy Advisory Council that identifies the following  | 
    amounts for the most recently completed year:  total monies  | 
    collected under subsection (b) of Section 13 of this Act  | 
    for all PIPPs implemented in the State; monies allocated  | 
    to each utility for implementation of its PIPP; and monies  | 
    allocated to each utility for other purposes, including a  | 
    description of each of those purposes.  The Commission  | 
    shall publish the report on its website.  | 
        (3) The Department and the Commission shall have the  | 
    authority to promulgate rules and regulations necessary to  | 
    execute and administer the provisions of this Section. | 
    (g) Each utility shall be entitled to recover reasonable  | 
administrative and operational costs incurred to comply with  | 
this Section from the Supplemental Low Income Energy  | 
Assistance Fund.   The utility may net such costs against monies  | 
it would otherwise remit to the Funds, and each utility shall  | 
include in the annual report required under subsection (f) of  | 
 | 
this Section an accounting for the funds collected. 
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(Source: P.A. 101-636, eff. 6-10-20.)   | 
    (305 ILCS 20/20 new) | 
    Sec. 20. Expanded eligibility. All programs pursuant to  | 
this Act shall be available to eligible low-income Illinois  | 
residents who qualify for assistance under Sections 6 and 18,  | 
regardless of immigration status, using the Supplemental  | 
Low-Income Energy Assistance Fund for customers of utilities  | 
and vendors that collect the Energy Assistance Charge and pay  | 
into the Supplemental Low-Income Energy Assistance Fund.
  
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