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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3210 Introduced 1/14/2022, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
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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.
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| | A BILL FOR |
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| | SB3210 | | LRB102 23429 SPS 32598 b |
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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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