LOW-INCOME UTILITY RATES

Illinois General Assembly - Full Text of HB4456

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HB4456 - 104th General Assembly

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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.

HB4456 Enrolled
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LRB104 17297 AAS 30719 b
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

HB4456 Enrolled
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LRB104 17297 AAS 30719 b
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

HB4456 Enrolled
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LRB104 17297 AAS 30719 b
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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;

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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

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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

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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

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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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