Illinois Compiled Statutes
Chapter 305 - PUBLIC AID
305 ILCS 20/ - Energy Assistance Act.

(305 ILCS 20/1) (from Ch. 111 2/3, par. 1401)
Sec. 1.
Short Title.
This Act shall be known and may be cited as the Energy Assistance Act.

(Source: P.A. 92-690, eff. 7-18-02.)

(305 ILCS 20/2) (from Ch. 111 2/3, par. 1402)
Sec. 2. Findings and Intent.
(a) The General Assembly finds that:
(b) Consistent with its findings, the General Assembly declares that it
is the policy of the State that:
(Source: P.A. 96-33, eff. 7-10-09.)

(305 ILCS 20/3) (from Ch. 111 2/3, par. 1403)
Sec. 3. Definitions. As used in this Act, unless the context
otherwise requires:
The terms defined in Sections 3-101 through 3-121 of
the Public Utilities Act have the meanings ascribed to them in that
Act.
"Department" means the Department of Commerce and Economic Opportunity.
"Energy conservation measure" means any measure installed in a dwelling that reduces energy consumption.
"Energy provider" means any utility, municipal utility,
cooperative utility, or any other corporation or individual which provides
winter energy services.
"Healthy home measure" means any measure that is intended to keep a dwelling dry, clean, safe, well ventilated, pest free, contaminant free, maintained, or thermally controlled.
"Home improvement measure" means any measure that is intended to make a dwelling weatherization-ready by alleviating deferrals from weatherization activities or allowing for the addition of renewable energy retrofits, or both.
"Measure" means the installation of any equipment, device, or material in a dwelling.
"Renewable energy retrofit" means any retrofit required for the use of energy from a solar photovoltaic, solar thermal, wind, or geothermal energy system.
"Winter" means the period from November 1 of any year through April
30 of the following year.

(Source: P.A. 102-699, eff. 4-19-22.)

(305 ILCS 20/4) (from Ch. 111 2/3, par. 1404)
Sec. 4. Energy Assistance Program.
(a) The Department of Commerce and Economic Opportunity is hereby authorized to institute a program to
ensure
the availability and affordability of heating and electric service to low
income citizens. The Department shall implement the program by rule
promulgated pursuant to the Illinois Administrative Procedure Act.
The program shall be consistent
with the purposes and objectives of this Act and with all other specific
requirements provided herein. The Department may enter
into such contracts and other agreements with local agencies as may be
necessary for the purpose of administering the energy assistance program.
(b)
Nothing in this Act shall be construed as altering or limiting the
authority conferred on the Illinois Commerce Commission by the Public
Utilities Act to regulate all aspects of the provision of public utility
service, including but not limited to the authority to make rules and
adjudicate disputes between utilities and customers related to eligibility
for utility service, deposits, payment practices, discontinuance of
service, and the treatment of arrearages owing for previously rendered
utility service.
(c) The Department of Commerce and Economic Opportunity is authorized to institute an outreach program directed at low-income minority heads of households and heads of households age 60 or older. The Department shall implement the program through rules adopted pursuant to the Illinois Administrative Procedure Act. The program shall be consistent with the purposes and objectives of this Act and with all other specific requirements set forth in this subsection (c).

(Source: P.A. 95-331, eff. 8-21-07; 95-532, eff. 8-28-07; 96-154, eff. 1-1-10.)

(305 ILCS 20/5) (from Ch. 111 2/3, par. 1405)
Sec. 5. Policy Advisory Council.
(a) Within the Department of Commerce and Economic Opportunity is created a
Low Income Energy Assistance Policy Advisory Council.
(b) The Council shall be chaired by the Director
of Commerce and Economic Opportunity or his or her designee. There shall be 19
members of the Low Income Energy Assistance Policy Advisory Council, including
the chairperson and the following members:
(c) Designated and appointed members shall serve 2 year terms and
until their successors are appointed and qualified. The designating
organization shall notify the chairperson of any changes or substitutions of a
designee within 10 business days of a change or substitution. Members shall
serve without compensation, but may receive reimbursement for actual costs
incurred in fulfilling their duties as members of the Council.
(d) The Council shall have the following duties:
(Source: P.A. 97-916, eff. 8-9-12.)

(305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
Sec. 6. Eligibility, conditions of participation, and energy assistance.
(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
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 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.
(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
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.
(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.
(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 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:
(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.
(f) The Department may, if sufficient funds are available, provide
additional benefits to certain qualified applicants:

(305 ILCS 20/7) (from Ch. 111 2/3, par. 1407)
Sec. 7.
State Weatherization Plan and Program.
(a) The Department shall, after consultation with the Policy Advisory
Council, prepare and promulgate an annual State Weatherization Plan
beginning in the year this Act becomes effective. To the extent
practicable, such Plan shall provide for targeting use of both State and
federal weatherization funds to the households of eligible applicants
pursuant to this Act whose ratios of energy costs to income are the
highest. The State Weatherization Plan shall include but need not be
limited to the following:
(b) The Department shall implement the State Weatherization Plan
by rule through a program which provides targeted weatherization assistance to
eligible applicants for energy assistance pursuant to this Act.
The Department may enter into such contracts and other arrangements with
local agencies as may be necessary for the purpose of administering the
weatherization program.

(Source: P.A. 92-690, eff. 7-18-02.)

(305 ILCS 20/7.1) (from Ch. 111 2/3, par. 1407.1)
Sec. 7.1.
(Repealed).

(Source: P.A. 87-475. Repealed by P.A. 92-690, eff. 7-18-02.)

(305 ILCS 20/8)
Sec. 8. (Repealed).

(Source: P.A. 96-154, eff. 1-1-10. Repealed by P.A. 97-916, eff. 8-9-12.)

(305 ILCS 20/9) (from Ch. 111 2/3, par. 1409)
Sec. 9.
(Repealed).

(Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 92-690, eff.
7-18-02.)

(305 ILCS 20/10) (from Ch. 111 2/3, par. 1410)
Sec. 10. Energy Assistance Funds.
Subject to appropriations made by the General Assembly, the Department
is authorized to expend monies from the Low Income Home Energy Assistance Block
Grant Fund for the purpose of providing assistance pursuant to Section 6 of
this Act.

(Source: P.A. 102-1071, eff. 6-10-22.)

(305 ILCS 20/11) (from Ch. 111 2/3, par. 1411)
Sec. 11.
Payments to Energy Providers.
When an energy provider
supplies winter energy to a participant and customer, the provider shall be
compensated by the State of Illinois pursuant to rules promulgated by the
Department.

(Source: P.A. 86-127; 87-14.)

(305 ILCS 20/12) (from Ch. 111 2/3, par. 1412)
Sec. 12.
(Repealed).

(Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 92-690, eff. 7-18-02.)

(305 ILCS 20/13)
(Section scheduled to be repealed on January 1, 2025)
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 moneys from voluntary donations from individuals, foundations, corporations, and other sources, moneys received pursuant to Section 17, and, by statutory deposit, the moneys
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: (i) 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 Sections 4 and 18 of this Act; (ii) the provision of
weatherization services, including, but not limited to, the installation of energy conservation measures, health and safety measures, healthy home measures, home improvement measures to alleviate the deferrals of certain projects, including, but not limited to, roofs and foundation repairs, and renewable energy retrofits; and (iii)
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% 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% 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.
(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, 2021,
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:
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.
The incremental change to such charges imposed by Public Act 99-933 and this amendatory Act of the 102nd 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 100,000 customers in Illinois on January 1, 2021. 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 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.
(c) For purposes of this Section:
(d) Within 30 days after the effective date of this amendatory Act of the 96th General Assembly, 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, which shall become effective no later than the beginning of the first billing cycle following such filing.
(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, 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 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
Supplemental Low-Income Energy Assistance Fund all moneys
remitted to it in accordance with subsection (f) of this
Section. 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
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. 102-16, eff. 6-17-21; 102-176, eff. 6-1-22; 102-671, eff. 11-30-21; 102-673, eff. 11-30-21; 102-699, eff. 4-19-22.)

(305 ILCS 20/14)
Sec. 14.
(Repealed).

(Source: P.A. 90-624, eff. 7-10-98. Repealed by P.A. 92-690, eff.
7-18-02.)

(305 ILCS 20/15)
Sec. 15. (Repealed).

(Source: P.A. 94-773, eff. 5-18-06. Repealed by P.A. 99-933, eff. 1-27-17.)

(305 ILCS 20/17)
Sec. 17. Transfer into Supplemental Low-Income
Energy Assistance Fund. Immediately upon the effective date of this amendatory Act of the 94th General Assembly, but no later than 5 business days after that effective date, the State Comptroller shall direct and the Treasurer shall transfer into the Supplemental Low-Income
Energy Assistance Fund $5,201,055, which is equivalent to 50% of the average amount of Gas Revenue Tax paid per residential gas utility customer in State fiscal year 2005 multiplied by the number of residential gas utility customers that received assistance from the Low Income Home Energy Assistance Program during the State fiscal year 2005 winter heating season.

(Source: P.A. 94-817, eff. 5-30-06.)

(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. The PIP Plan will:
(b) For purposes of this Section:
(c) The PIP Plan shall be administered as follows:
(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:
(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.

(Source: P.A. 101-636, eff. 6-10-20; 102-176, eff. 6-1-22.)

(305 ILCS 20/19)
Sec. 19. Application of Retailers' Occupation Tax provisions. All the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act that are not inconsistent with this Act apply, as far as practicable, to the surcharge imposed by this Act to the same extent as if those provisions were included in this Act. References in the incorporated Sections of the Retailers' Occupation Tax Act to retailers, to sellers, or to persons engaged in the business of selling tangible personal property mean persons required to remit the charge imposed under this Act.

(Source: P.A. 100-1171, eff. 1-4-19.)

(305 ILCS 20/20)
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.

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