Bill Text: IL SB2271 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Energy Assistance Act. Provides that in determining the amount of a household's annual income, the Department of Healthcare and Family Services shall consider the household's extraordinary medical expenses, including but not limited to expenses related to life support equipment for a household member. Provides that in determining the amount of assistance to be provided to a household, the Department shall consider a household member's extraordinary medical needs, including but not limited to a need for life support equipment. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2010-12-01 - Placed on Calendar Order of 3rd Reading - Short Debate [SB2271 Detail]

Download: Illinois-2009-SB2271-Engrossed.html

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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
Section 6 as follows:
(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. Notwithstanding any other provision of
this Section, in determining the amount of a household's annual
income, the Department may consider the household's
extraordinary medical expenses, as defined by the Department by
rule, including but not limited to expenses related to life
support equipment for a household member.

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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
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. The
Department may also include factors such as extraordinary
medical needs of a household member, as defined by the
Department by rule, including but not limited to a need for
life support equipment, 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

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lowest incomes and that elderly and disabled households are
offered a priority application period.
(c) If the applicant is not a customer of an energy
provider for winter 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.
(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:
(i) make all reasonable efforts to apply to any other
appropriate source of public energy assistance; and
(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.
(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:
(i) for the reduction of past due amounts owed to
energy providers; and
(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.
(Source: P.A. 91-936, eff. 1-10-01; 92-690, eff. 7-18-02.)
Section 99. Effective date. This Act takes effect September
1, 2009.