Bill Text: IL SB3210 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Public Utilities Act. Provides that the energy transition assistance charge shall not exceed 1.3% of the amount paid per kilowatthour by eligible retail customers during the year ending May 31, 2009.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-02-23 - Added as Co-Sponsor Sen. Scott M. Bennett [SB3210 Detail]
Download: Illinois-2021-SB3210-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Public Utilities Act is amended by changing | |||||||||||||||||||
5 | Section 16-108.30 as follows:
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6 | (220 ILCS 5/16-108.30) | |||||||||||||||||||
7 | Sec. 16-108.30. Energy Transition Assistance Fund. | |||||||||||||||||||
8 | (a) The Energy Transition Assistance Fund is hereby | |||||||||||||||||||
9 | created as a special fund in the State Treasury. The Energy | |||||||||||||||||||
10 | Transition Assistance Fund is authorized to receive moneys | |||||||||||||||||||
11 | collected pursuant to this Section. Subject to appropriation, | |||||||||||||||||||
12 | the Department of Commerce and Economic Opportunity shall use | |||||||||||||||||||
13 | moneys from the Energy Transition Assistance Fund consistent | |||||||||||||||||||
14 | with the purposes of this Act. | |||||||||||||||||||
15 | (b) An electric utility serving more than 500,000 | |||||||||||||||||||
16 | customers in the State shall assess an energy transition | |||||||||||||||||||
17 | assistance charge on all its retail customers for the Energy | |||||||||||||||||||
18 | Transition Assistance Fund. The utility's total charge shall | |||||||||||||||||||
19 | be set based upon the value determined by the Department of | |||||||||||||||||||
20 | Commerce and Economic Opportunity pursuant to subsection (d) | |||||||||||||||||||
21 | or (e), as applicable, of Section 605-1075 of the Department | |||||||||||||||||||
22 | of Commerce and Economic Opportunity Law of the Civil | |||||||||||||||||||
23 | Administrative Code of Illinois. For each utility, the charge |
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1 | shall be recovered through a single, uniform cents per | ||||||
2 | kilowatt-hour charge applicable to all retail customers. For | ||||||
3 | each utility, the charge shall not exceed 1.3% of the amount | ||||||
4 | paid per kilowatthour by eligible retail those customers | ||||||
5 | during the year ending May 31, 2009. | ||||||
6 | (c) Within 75 days of the effective date of this | ||||||
7 | amendatory Act of the 102nd General Assembly, each electric | ||||||
8 | utility serving more than 500,000 customers in the State shall | ||||||
9 | file with the Illinois Commerce Commission tariffs | ||||||
10 | incorporating the energy transition assistance charge in other | ||||||
11 | charges stated in such tariffs, which energy transition | ||||||
12 | assistance charges shall become effective no later than the | ||||||
13 | beginning of the first billing cycle that begins on or after | ||||||
14 | January 1, 2022. Each electric utility serving more than | ||||||
15 | 500,000 customers in the State shall, prior to the beginning | ||||||
16 | of each calendar year starting with calendar year 2023, file | ||||||
17 | with the Illinois Commerce Commission tariff revisions to | ||||||
18 | incorporate annual revisions to the energy transition | ||||||
19 | assistance charge as prescribed by the Department of Commerce | ||||||
20 | and Economic Opportunity pursuant to Section 605-1075 of the | ||||||
21 | Department of Commerce and Economic Opportunity Law of the | ||||||
22 | Civil Administrative Code of Illinois so that such revision | ||||||
23 | becomes effective no later than the beginning of the first | ||||||
24 | billing cycle in each respective year. | ||||||
25 | (d) The energy transition assistance charge shall be | ||||||
26 | considered a charge for public utility service. |
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1 | (e) By the 20th day of the month following the month in | ||||||
2 | which the charges imposed by this Section were collected, each | ||||||
3 | electric utility serving more than 500,000 customers in the | ||||||
4 | State shall remit to Department of Revenue all moneys received | ||||||
5 | as payment of the energy transition assistance charge on a | ||||||
6 | return prescribed and furnished by the Department of Revenue | ||||||
7 | showing such information as the Department of Revenue may | ||||||
8 | reasonably require. If a customer makes a partial payment, a | ||||||
9 | public utility may apply such partial payments first to | ||||||
10 | amounts owed to the utility. No customer may be subjected to | ||||||
11 | disconnection of his or her utility service for failure to pay | ||||||
12 | the energy transition assistance charge. | ||||||
13 | If any payment provided for in this subsection exceeds the | ||||||
14 | electric utility's liabilities under this Act, as shown on an | ||||||
15 | original return, the Department may authorize the electric | ||||||
16 | utility to credit such excess payment against liability | ||||||
17 | subsequently to be remitted to the Department under this Act, | ||||||
18 | in accordance with reasonable rules adopted by the Department. | ||||||
19 | All the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, | ||||||
20 | 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 | ||||||
21 | of the Retailers' Occupation Tax Act that are not inconsistent | ||||||
22 | with this Act apply, as far as practicable, to the charge | ||||||
23 | imposed by this Act to the same extent as if those provisions | ||||||
24 | were included in this Act. References in the incorporated | ||||||
25 | Sections of the Retailers' Occupation Tax Act to retailers, to | ||||||
26 | sellers, or to persons engaged in the business of selling |
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1 | tangible personal property mean persons required to remit the | ||||||
2 | charge imposed under this Act. | ||||||
3 | (f) The Department of Revenue shall deposit into the | ||||||
4 | Energy Transition Assistance Fund all moneys remitted to it in | ||||||
5 | accordance with this Section. | ||||||
6 | (g) The Department of Revenue may establish such rules as | ||||||
7 | it deems necessary to implement this Section. | ||||||
8 | (h) The Department of Commerce and Economic Opportunity | ||||||
9 | may establish such rules as it deems necessary to implement | ||||||
10 | this Section.
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11 | (Source: P.A. 102-662, eff. 9-15-21.)
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