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Illinois General Assembly· HB 4456Governor Approved

LOW-INCOME UTILITY RATES, the official text

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HB4456 Enrolled                     LRB104 17297 AAS 30719 b

1   AN ACT concerning regulation.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Public Utilities Act is amended by changing

5 Section 9-241 as follows:

6   (220 ILCS 5/9-241) (from Ch. 111 2/3, par. 9-241)

7   Sec. 9-241. Nondiscrimination.

8   (a) No public utility shall, as to rates or other charges,

9 services, facilities or in other respect, make or grant any

10 preference or advantage to any corporation or person or

11 subject any corporation or person to any prejudice or

12 disadvantage. No public utility shall establish or maintain

13 any unreasonable difference as to rates or other charges,

14 services, facilities, or in any other respect, either as

15 between localities or as between classes of service.

16  (b) An electric utility in a county with a population of

17 3,000,000 or more shall not establish or maintain any

18 unreasonable difference as to rates or other charges,

19 services, contractual terms, or facilities for access to or

20 the use of its utility infrastructure by another person or for

21 any other purpose. Notwithstanding any other provision of law,

22 the Commission and its staff shall interpret this Section in

23 accordance with Article XVI of this Act.
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1   (c) Nothing in this Section shall be construed as limiting

2 the authority of the Commission to permit the establishment of

3 economic development rates as incentives to economic

4 development either in enterprise zones as designated by the

5 State of Illinois or in other areas of a utility's service

6 area. Such rates should be available to existing businesses

7 which demonstrate an increase to existing load as well as new

8 businesses which create new load for a utility so as to create

9 a more balanced utilization of generating capacity. The

10 Commission shall ensure that such rates are established at a

11 level which provides a net benefit to customers within a

12 public utility's service area.

13  (d) On or before January 1, 2023, the Commission shall

14 conduct a comprehensive study to assess whether low-income

15 discount rates for electric and natural gas residential

16 customers are appropriate and the potential design and

17 implementation of any such rates. The Commission shall include

18 its findings, together with the appropriate recommendations,

19 in a report to be provided to the General Assembly. Upon

20 completion of the study, the Commission shall have the

21 authority to permit or require electric and natural gas

22 utilities to file a tariff establishing low-income discount

23 rates.

24  Such study shall assess, at a minimum, the following:

25         (1) customer eligibility requirements, including

26  income-based eligibility and eligibility based on
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1   participation in or eligibility for certain public

2   assistance programs;

3   (2) appropriate rate structures, including

4   consideration of tiered discounts for different income

5   levels;

6   (3) appropriate recovery mechanisms, including the

7   consideration of volumetric charges and customer charges;

8   (4) appropriate verification mechanisms;

9   (5) measures to ensure customer confidentiality and

10  data safeguards;

11  (6) outreach and consumer education procedures; and

12  (7) the impact that a low-income discount rate would

13  have on the affordability of delivery service to

14  low-income customers and customers overall.

15  (d-5) For the purposes of this subsection (d-5),

16 "qualifying customer" means a residential customer of a

17 utility serving more than 100,000 customers in the State that

18 has a low-income discount program for residential customers

19 (i) who has been deemed eligible for assistance under the

20 Low-Income Home Energy Assistance Program (LIHEAP) or who

21 receives energy assistance under the Energy Assistance Act and

22 (ii) whose household income does not exceed 300% of the

23 federal poverty level.

24  Notwithstanding the contents of the report required under

25 subsection (d) and any other provision of this Act, the

26 Commission may approve a low-income discount for electric and
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1 natural gas residential customers that applies to the entirety

2 of a qualifying customer's bill, including, but not limited

3 to, a qualifying customer's delivery service charges, energy

4 supply charges, and any other applicable charges. The

5 low-income discount under this subsection (d-5) shall not

6 apply to, or otherwise reduce, any State or municipal taxes or

7 any nonbypassable charge approved by the Commission or defined

8 in a public utility's tariff and included in the qualifying

9 customer's bill. An electric or natural gas utility may fund

10 its low-income discounts under this subsection (d-5) through a

11 surcharge on both its residential and non-residential

12 customers' electric and natural gas bills. Any charges,

13 surcharges, or cost recovery mechanisms authorized or approved

14 by the Commission under this Section shall be assessed solely

15 on a fixed, per-customer basis and shall not be designed,

16 implemented, or recovered on a volumetric, usage-based,

17 demand-based, or throughput basis, whether directly or

18 indirectly. Charges authorized under this Section may vary by

19 customer class or rate classification.

20  Any electric or natural gas public utility serving more

21 than 100,000 customers in the State that does not have a

22 low-income discount or that elects to implement a low-income

23 discount that complies with the requirements of this

24 subsection (d-5) on and after the effective date of this

25 amendatory Act of the 104th General Assembly shall, within 30

26 days after the effective date of this amendatory Act of the
    HB4456 Enrolled  -5-                  LRB104 17297 AAS 30719 b

1 104th General Assembly, file a new or amended tariff with the

2 Commission to implement the new low-income discount or bring

3 the utility's low-income discount into compliance with this

4 subsection (d-5). The Commission shall issue a final order

5 approving, or approving with modifications aligning the tariff

6 with the requirements of this subsection (d-5), the utility's

7 tariff within 90 days after receipt of the utility's filing.

8 The utility shall implement the changes necessary to put the

9 approved low-income discount into effect no later than 12

10 months after the issuance of the Commission's final order

11 approving the low-income discount. If the utility needs more

12 than 12 months to implement the necessary changes, the utility

13 shall have, upon filing a notice with the Commission, an

14 additional 12 months to implement the changes necessary to put

15 the approved low-income discount into effect. Any tariff from

16 a utility establishing a low-income discount that is in effect

17 as of the effective date of this amendatory Act of the 104th

18 General Assembly shall remain in effect until the utility

19 implements an updated low-income discount that satisfies the

20 requirements of this subsection (d-5). A utility shall be

21 entitled to recover prudent and reasonable costs incurred in

22 complying with this subsection (d-5).

23  In reviewing and approving any low-income discount under

24 this subsection (d-5), the Commission shall take into

25 consideration the effect of the low-income discount on, and

26 shall endeavor to maximize, the allocation and receipt of
    HB4456 Enrolled  -6-  LRB104 17297 AAS 30719 b

1 federal LIHEAP grants, funds under Section 13 of the Energy

2 Assistance Act, and any other State and federal energy

3 assistance funds that are available to the State. The

4 low-income discounts authorized under this subsection (d-5)

5 may include, but are not limited to, tiered discounts or a

6 Percentage of Income Payment Plan (PIPP) program. For any

7 low-income discounts approved by the Commission after the

8 effective date of this amendatory Act of the 104th General

9 Assembly, the calculation of the low-income discount to be

10 applied to a qualifying customer's bill shall be applied after

11 any federal or State energy assistance funds are allocated and

12 applied to the qualifying customer's bill.

13  Nothing in this subsection (d-5) shall be interpreted to

14 limit, modify, or nullify any low-income discount rate that is

15 in effect for a regulated water utility as of the effective

16 date of this amendatory Act of the 104th General Assembly or

17 prohibit Commission approval of any future proposal for a

18 low-income discount rate for such regulated water utility.

19  (e) The Commission shall adopt rules requiring utility

20 companies to produce information, in the form of a mailing,

21 and other approved methods of distribution, to its consumers,

22 to inform the consumers of available rebates, discounts,

23 credits, and other cost-saving mechanisms that can help them

24 lower their monthly utility bills, and send out such

25 information semi-annually, unless otherwise provided by this

26 Article.
    HB4456 Enrolled  -7-  LRB104 17297 AAS 30719 b

1   (f) Prior to October 1, 1989, no public utility providing

2 electrical or gas service shall consider the use of solar or

3 other nonconventional renewable sources of energy by a

4 customer as a basis for establishing higher rates or charges

5 for any service or commodity sold to such customer; nor shall a

6 public utility subject any customer utilizing such energy

7 source or sources to any other prejudice or disadvantage on

8 account of such use. No public utility shall without the

9 consent of the Commission, charge or receive any greater

10 compensation in the aggregate for a lesser commodity, product,

11 or service than for a greater commodity, product or service of

12 like character.

13  The Commission, in order to expedite the determination of

14 rate questions, or to avoid unnecessary and unreasonable

15 expense, or to avoid unjust or unreasonable discrimination

16 between classes of customers, or, whenever in the judgment of

17 the Commission public interest so requires, may, for rate

18 making and accounting purposes, or either of them, consider

19 one or more municipalities either with or without the adjacent

20 or intervening rural territory as a regional unit where the

21 same public utility serves such region under substantially

22 similar conditions, and may within such region prescribe

23 uniform rates for consumers or patrons of the same class.

24  Any public utility, with the consent and approval of the

25 Commission, may as a basis for the determination of the

26 charges made by it classify its service according to the
   HB4456 Enrolled    -8-                 LRB104 17297 AAS 30719 b

1 amount used, the time when used, the purpose for which used,
2 and other relevant factors.
3 (Source: P.A. 102-662, eff. 9-15-21; 103-679, eff. 7-19-24.)

4  Section 10. The Energy Assistance Act is amended by

5 changing Sections 6 and 13 as follows:

6  (305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)

7  Sec. 6. Eligibility, conditions of participation, and

8 energy assistance.

9  (a) Any person who is a resident of the State of Illinois

10 and whose household income is not greater than an amount

11 determined annually by the Department, in consultation with

12 the Policy Advisory Council, may apply for assistance pursuant

13 to this Act in accordance with regulations promulgated by the

14 Department. In setting the annual eligibility level, the

15 Department shall consider the amount of available funding and

16 may not set a limit higher than 150% of the federal nonfarm

17 poverty level as established by the federal Office of

18 Management and Budget or 60% of the State median income for the

19 current State fiscal year as established by the U.S.

20 Department of Health and Human Services; except that for the

21 period from the effective date of this amendatory Act of the

22 101st General Assembly through June 30, 2021, the Department

23 may establish limits not higher than 200% of that poverty

24 level. In setting the annual eligibility level for the use of
   HB4456 Enrolled  -9-  LRB104 17297 AAS 30719 b

1 State funds from the Supplemental Low-Income Energy Assistance

2 Fund under Section 13, the Department shall consider the

3 amount of available funding and may not set a limit higher than

4 300% of the federal nonfarm poverty level as established by

5 the federal Office of Management and Budget. The Department,

6 in consultation with the Policy Advisory Council, may adjust

7 the percentage of poverty level annually in accordance with

8 federal guidelines and based on funding availability.

9  (b) Applicants who qualify for assistance pursuant to

10 subsection (a) of this Section shall, subject to appropriation

11 from the General Assembly and subject to availability of funds

12 to the Department, receive energy assistance as provided by

13 this Act. The Department, upon receipt of monies authorized

14 pursuant to this Act for energy assistance, shall commit funds

15 for each qualified applicant in an amount determined by the

16 Department. In determining the amounts of assistance to be

17 provided to or on behalf of a qualified applicant, the

18 Department shall ensure that the highest amounts of assistance

19 go to households with the greatest energy costs in relation to

20 household income. The Department shall include factors such as

21 energy costs, household size, household income, and region of

22 the State when determining individual household benefits. In

23 setting assistance levels, the Department shall attempt to

24 provide assistance to approximately the same number of

25 households who participated in the 1991 Residential Energy

26 Assistance Partnership Program. Such assistance levels shall
    HB4456 Enrolled  - 10 - LRB104 17297 AAS 30719 b

1 be adjusted annually on the basis of funding availability and

2 energy costs. In promulgating rules for the administration of

3 this Section the Department shall assure that a minimum of 1/3

4 of funds available for benefits to eligible households with

5 the lowest incomes and that elderly households, households

6 with children under the age of 6 years old, and households with

7 persons with disabilities are offered a priority application

8 period.

9   (c) If the applicant is not a customer of record of an

10 energy provider for energy services or an applicant for such

11 service, such applicant shall receive a direct energy

12 assistance payment in an amount established by the Department

13 for all such applicants under this Act; provided, however,

14 that such an applicant must have rental expenses for housing

15 greater than 30% of household income.

16  (c-1) This subsection shall apply only in cases where: (1)

17 the applicant is not a customer of record of an energy provider

18 because energy services are provided by the owner of the unit

19 as a portion of the rent; (2) the applicant resides in housing

20 subsidized or developed with funds provided under the Rental

21 Housing Support Program Act or under a similar locally funded

22 rent subsidy program, or is the voucher holder who resides in a

23 rental unit within the State of Illinois and whose monthly

24 rent is subsidized by the tenant-based Housing Choice Voucher

25 Program under Section 8 of the U.S. Housing Act of 1937; and

26 (3) the rental expenses for housing are no more than 30% of
    HB4456 Enrolled  - 11 - LRB104 17297 AAS 30719 b

1 household income. In such cases, the household may apply for

2 an energy assistance payment under this Act and the owner of

3 the housing unit shall cooperate with the applicant by

4 providing documentation of the energy costs for that unit. Any

5 compensation paid to the energy provider who supplied energy

6 services to the household shall be paid on behalf of the owner

7 of the housing unit providing energy services to the

8 household. The Department shall report annually to the General

9 Assembly on the number of households receiving energy

10 assistance under this subsection and the cost of such

11 assistance.

12  (d) If the applicant is a customer of an energy provider,

13 such applicant shall receive energy assistance in an amount

14 established by the Department for all such applicants under

15 this Act, such amount to be paid by the Department to the

16 energy provider supplying winter energy service to such

17 applicant. Such applicant shall:

18  (i) make all reasonable efforts to apply to any other

19  appropriate source of public energy assistance; and

20  (ii) sign a waiver permitting the Department to

21  receive income information from any public or private

22  agency providing income or energy assistance and from any

23  employer, whether public or private.

24  (e) Any qualified applicant pursuant to this Section may

25 receive or have paid on such applicant's behalf an emergency

26 assistance payment to enable such applicant to obtain access
    HB4456 Enrolled    - 12 - LRB104 17297 AAS 30719 b

1 to winter energy services. Any such payments shall be made in

2 accordance with regulations of the Department.

3   (f) The Department may, if sufficient funds are available,

4 provide additional benefits to certain qualified applicants:

5   (i) for the reduction of past due amounts owed to

6   energy providers;

7   (ii) to assist the household in responding to

8   excessively high summer temperatures or energy costs.

9   Households containing elderly members, children, a person

10  with a disability, or a person with a medical need for

11  conditioned air shall receive priority for receipt of such

12  benefits; and

13  (iii) for the installation of energy conservation

14  measures, health and safety measures, healthy home

15  measures, home improvement measures to help alleviate

16  deferrals from weatherization activities, and renewable

17  energy retrofits.

18 (Source: P.A. 102-16, eff. 6-17-21; 102-176, eff. 6-1-22;

19 102-699, eff. 4-19-22; 103-663, eff. 1-1-25.)

20  (305 ILCS 20/13)

21  Sec. 13. Supplemental Low-Income Energy Assistance Fund.

22  (a) The Supplemental Low-Income Energy Assistance Fund is

23 hereby created as a special fund in the State Treasury. The

24 Supplemental Low-Income Energy Assistance Fund is authorized

25 to receive moneys from voluntary donations from individuals,
HB4456 Enrolled  - 13 - LRB104 17297 AAS 30719 b

 1 foundations, corporations, and other sources, moneys received
 2 pursuant to Section 17, and, by statutory deposit, the moneys
 3 collected pursuant to this Section. The Fund is also
 4 authorized to receive voluntary donations from individuals,
 5 foundations, corporations, and other sources. Subject to
 6 appropriation, the Department shall use moneys from the
 7 Supplemental Low-Income Energy Assistance Fund for: (i)
 8 payments to electric or gas public utilities, municipal
 9 electric or gas utilities, and electric cooperatives on behalf
10 of their customers who are participants in the program
11 authorized by Sections 4 and 18 of this Act; (ii) the provision
12 of weatherization services, including, but not limited to, the
13 installation of energy conservation measures, health and
14 safety measures, healthy home measures, home improvement
15 measures to alleviate the deferrals of certain projects,
16 including, but not limited to, roofs and foundation repairs,
17 and renewable energy retrofits; and (iii) administration of
18 the Supplemental Low-Income Energy Assistance Fund. All other
19 deposits outside of the Energy Assistance Charge as set forth
20 in subsection (b) are not subject to the percentage
21 restrictions related to administrative and weatherization
22 expenses provided in this subsection. The yearly expenditures
23 for weatherization may not exceed 10% of the amount collected
24 during the year pursuant to this Section, except when unspent
25 funds from the Supplemental Low-Income Energy Assistance Fund
26 are reallocated from a previous year; any unspent balance of
    HB4456 Enrolled              - 14 - LRB104 17297 AAS 30719 b

1 the 10% weatherization allowance may be utilized for

2 weatherization expenses in the year they are reallocated. The

3 yearly administrative expenses of the Supplemental Low-Income

4 Energy Assistance Fund may not exceed 15% 13% of the amount

5 collected during that year pursuant to this Section, except

6 when unspent funds from the Supplemental Low-Income Energy

7 Assistance Fund are reallocated from a previous year; any

8 unspent balance of the 15% 13% administrative allowance may be

9 utilized for administrative expenses in the year they are

10 reallocated. Of the 15% 13% administrative allowance, no less

11 than 9% 8% shall be provided to Local Administrative Agencies

12 for administrative expenses.

13  (b) Notwithstanding the provisions of Section 16-111 of

14 the Public Utilities Act but subject to subsection (k) of this

15 Section, each public utility, electric cooperative, as defined

16 in Section 3.4 of the Electric Supplier Act, and municipal

17 utility, as referenced in Section 3-105 of the Public

18 Utilities Act, that is engaged in the delivery of electricity

19 or the distribution of natural gas within the State of

20 Illinois shall, effective January 1, 2021, assess each of its

21 customer accounts a monthly Energy Assistance Charge for the

22 Supplemental Low-Income Energy Assistance Fund. The delivering

23 public utility, municipal electric or gas utility, or electric

24 or gas cooperative for a self-assessing purchaser remains

25 subject to the collection of the fee imposed by this Section.

26 The monthly charge shall be as follows:
    HB4456 Enrolled          - 15 - LRB104 17297 AAS 30719 b

1        (1) Base Energy Assistance Charge per month on each

2   account for residential electrical service;

3        (2) Base Energy Assistance Charge per month on each

4   account for residential gas service;

5        (3) Ten times the Base Energy Assistance Charge per

6   month on each account for non-residential electric service

7   which had less than 10 megawatts of peak demand during the

8   previous calendar year;

9        (4) Ten times the Base Energy Assistance Charge per

10  month on each account for non-residential gas service

11  which had distributed to it less than 4,000,000 therms of

12  gas during the previous calendar year;

13       (5) Three hundred and seventy-five times the Base

14  Energy Assistance Charge per month on each account for

15  non-residential electric service which had 10 megawatts or

16  greater of peak demand during the previous calendar year;

17  and

18       (6) Three hundred and seventy-five times the Base

19  Energy Assistance Charge per month on each account for

20  non-residential gas service which had 4,000,000 or more

21  therms of gas distributed to it during the previous

22  calendar year.

23  The Base Energy Assistance Charge shall be $0.48 per month

24 for the calendar year beginning January 1, 2022 and shall

25 increase by $0.16 per month for any calendar year, provided no

26 less than 80% of the previous State fiscal year's available
    HB4456 Enrolled              - 16 - LRB104 17297 AAS 30719 b

1 Supplemental Low-Income Energy Assistance Fund funding was

2 exhausted. The maximum Base Energy Assistance Charge shall not

3 exceed $0.80 $0.96 per month for any calendar year.

4   Beginning January 1, 2027, the Base Energy Assistance

5 Charge shall be $0.80 per month, with no additional step-up

6 provisions, for each utility that is required by the

7 Commission to implement a low-income discount program and

8 shall be $0.40 per month for each utility that is not required

9 to implement a low-income discount program and that

10 contributes to the Supplemental Low-Income Energy Assistance

11 Fund.

12  The incremental change to such charges imposed by Public

13 Act 99-933 and Public Act 102-16 this amendatory Act of the

14 102nd General Assembly shall not (i) be used for any purpose

15 other than to directly assist customers and (ii) be applicable

16 to utilities serving less than 100,000 customers in Illinois

17 on January 1, 2021. The incremental change to such charges

18 imposed by this amendatory Act of the 102nd General Assembly

19 are intended to increase utilization of the Percentage of

20 Income Payment Plan (PIPP or PIP Plan) and shall be applied

21 such that PIP Plan enrollment is at least doubled, as compared

22 to 2020 enrollment, by 2024.

23  In addition, electric and gas utilities have committed,

24 and shall contribute, a one-time payment of $22 million to the

25 Fund, within 10 days after the effective date of the tariffs

26 established pursuant to Sections 16-111.8 and 19-145 of the
    HB4456 Enrolled  - 17 - LRB104 17297 AAS 30719 b

1 Public Utilities Act to be used for the Department's cost of

2 implementing the programs described in Section 18 of this

3 amendatory Act of the 96th General Assembly, the Arrearage

4 Reduction Program described in Section 18, and the programs

5 described in Section 8-105 of the Public Utilities Act. If a

6 utility elects not to file a rider within 90 days after the

7 effective date of this amendatory Act of the 96th General

8 Assembly, then the contribution from such utility shall be

9 made no later than February 1, 2010.

10  (c) For purposes of this Section:

11  (1) "residential electric service" means electric

12  utility service for household purposes delivered to a

13  dwelling of 2 or fewer units which is billed under a

14  residential rate, or electric utility service for

15  household purposes delivered to a dwelling unit or units

16  which is billed under a residential rate and is registered

17  by a separate meter for each dwelling unit;

18  (2) "residential gas service" means gas utility

19  service for household purposes distributed to a dwelling

20  of 2 or fewer units which is billed under a residential

21  rate, or gas utility service for household purposes

22  distributed to a dwelling unit or units which is billed

23  under a residential rate and is registered by a separate

24  meter for each dwelling unit;

25  (3) "non-residential electric service" means electric

26  utility service which is not residential electric service;
    HB4456 Enrolled  - 18 - LRB104 17297 AAS 30719 b

1   and

2        (4) "non-residential gas service" means gas utility

3   service which is not residential gas service.

4   (d) Within 30 days after the effective date of this

5 amendatory Act of the 96th General Assembly, each public

6 utility engaged in the delivery of electricity or the

7 distribution of natural gas shall file with the Illinois

8 Commerce Commission tariffs incorporating the Energy

9 Assistance Charge in other charges stated in such tariffs,

10 which shall become effective no later than the beginning of

11 the first billing cycle following such filing.

12  (e) The Energy Assistance Charge assessed by electric and

13 gas public utilities shall be considered a charge for public

14 utility service.

15  (f) By the 20th day of the month following the month in

16 which the charges imposed by the Section were collected, each

17 public utility, municipal utility, and electric cooperative

18 shall remit to the Department of Revenue all moneys received

19 as payment of the Energy Assistance Charge on a return

20 prescribed and furnished by the Department of Revenue showing

21 such information as the Department of Revenue may reasonably

22 require; provided, however, that a utility offering an

23 Arrearage Reduction Program or Supplemental Arrearage

24 Reduction Program pursuant to Section 18 of this Act shall be

25 entitled to net those amounts necessary to fund and recover

26 the costs of such Programs as authorized by that Section that
    HB4456 Enrolled           - 19 - LRB104 17297 AAS 30719 b

1 is no more than the incremental change in such Energy

2 Assistance Charge authorized by Public Act 96-33. If a

3 customer makes a partial payment, a public utility, municipal

4 utility, or electric cooperative may elect either: (i) to

5 apply such partial payments first to amounts owed to the

6 utility or cooperative for its services and then to payment

7 for the Energy Assistance Charge or (ii) to apply such partial

8 payments on a pro-rata basis between amounts owed to the

9 utility or cooperative for its services and to payment for the

10 Energy Assistance Charge.

11  If any payment provided for in this Section exceeds the

12 distributor's liabilities under this Act, as shown on an

13 original return, the Department may authorize the distributor

14 to credit such excess payment against liability subsequently

15 to be remitted to the Department under this Act, in accordance

16 with reasonable rules adopted by the Department. If the

17 Department subsequently determines that all or any part of the

18 credit taken was not actually due to the distributor, the

19 distributor's discount shall be reduced by an amount equal to

20 the difference between the discount as applied to the credit

21 taken and that actually due, and that distributor shall be

22 liable for penalties and interest on such difference.

23  (g) The Department of Revenue shall deposit into the

24 Supplemental Low-Income Energy Assistance Fund all moneys

25 remitted to it in accordance with subsection (f) of this

26 Section. The utilities shall coordinate with the Department to
    HB4456 Enrolled  - 20 - LRB104 17297 AAS 30719 b

1 establish an equitable and practical methodology for

2 implementing this subsection (g) beginning with the 2010

3 program year.

4   (h) On or before December 31, 2002, the Department shall

5 prepare a report for the General Assembly on the expenditure

6 of funds appropriated from the Low-Income Energy Assistance

7 Block Grant Fund for the program authorized under Section 4 of

8 this Act.

9   (i) The Department of Revenue may establish such rules as

10 it deems necessary to implement this Section.

11  (j) The Department of Commerce and Economic Opportunity

12 may establish such rules as it deems necessary to implement

13 this Section.

14  (k) The charges imposed by this Section shall only apply

15 to customers of municipal electric or gas utilities and

16 electric or gas cooperatives if the municipal electric or gas

17 utility or electric or gas cooperative makes an affirmative

18 decision to impose the charge. If a municipal electric or gas

19 utility or an electric cooperative makes an affirmative

20 decision to impose the charge provided by this Section, the

21 municipal electric or gas utility or electric cooperative

22 shall inform the Department of Revenue in writing of such

23 decision when it begins to impose the charge. If a municipal

24 electric or gas utility or electric or gas cooperative does

25 not assess this charge, the Department may not use funds from

26 the Supplemental Low-Income Energy Assistance Fund to provide
    HB4456 Enrolled          - 21 - LRB104 17297 AAS 30719 b

1 benefits to its customers under the program authorized by

2 Section 4 of this Act.

3   In its use of federal funds under this Act, the Department

4 may not cause a disproportionate share of those federal funds

5 to benefit customers of systems which do not assess the charge

6 provided by this Section.

7 (Source: P.A. 102-16, eff. 6-17-21; 102-176, eff. 6-1-22;

8 102-671, eff. 11-30-21; 102-673, eff. 11-30-21; 102-699, eff.

9 4-19-22; 103-820, eff. 8-9-24.)

10  Section 99. Effective date. This Act takes effect upon

11 becoming law.
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