HB1260 EngrossedLRB097 06188 ASK 46262 b

1    AN ACT concerning veterans.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by changing
5Section 8-206 as follows:
 
6    (220 ILCS 5/8-206)  (from Ch. 111 2/3, par. 8-206)
7    Sec. 8-206. Winter termination for nonpayment.
8    (a) Notwithstanding any other provision of this Act, no
9electric or gas public utility shall disconnect service to any
10residential customer or mastermetered apartment building for
11nonpayment of a bill or deposit where gas or electricity is
12used as the primary source of space heating or is used to
13control or operate the primary source of space heating
14equipment at the premises during the period of time from
15December 1 through and including March 31 of the immediately
16succeeding calendar year, unless:
17        (1) The utility (i) has offered the customer a deferred
18    payment arrangement allowing for payment of past due
19    amounts over a period of not less than 4 months not to
20    extend beyond the following November and the option to
21    enter into a levelized payment plan for the payment of
22    future bills. The maximum down payment requirements shall
23    not exceed 10% of the amount past due and owing at the time

 

 

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1    of entering into the agreement; and (ii) has provided the
2    customer with the names, addresses and telephone numbers of
3    governmental and private agencies which may provide
4    assistance to customers of public utilities in paying their
5    utility bills; the utility shall obtain the approval of an
6    agency before placing the name of that agency on any list
7    which will be used to provide such information to
8    customers;
9        (2) The customer has refused or failed to enter into a
10    deferred payment arrangement as described in paragraph (1)
11    of this subsection (a); and
12        (3) All notice requirements as provided by law and
13    rules or regulations of the Commission have been met.
14    (b) Prior to termination of service for any residential
15customer or mastermetered apartment building during the period
16from December 1 through and including March 31 of the
17immediately succeeding calendar year, all electric and gas
18public utilities shall, in addition to all other notices:
19        (1) Notify the customer or an adult residing at the
20    customer's premises by telephone, a personal visit to the
21    customer's premises or by first class mail, informing the
22    customer that:
23            (i) the customer's account is in arrears and the
24        customer's service is subject to termination for
25        nonpayment of a bill;
26            (ii) the customer can avoid disconnection of

 

 

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1        service by entering into a deferred payment agreement
2        to pay past due amounts over a period not to extend
3        beyond the following November and the customer has the
4        option to enter into a levelized payment plan for the
5        payment of future bills;
6            (iii) the customer may apply for any available
7        assistance to aid in the payment of utility bills from
8        any governmental or private agencies from the list of
9        such agencies provided to the customer by the utility.
10        Provided, however, that a public utility shall be
11    required to make only one such contact with the customer
12    during any such period from December 1 through and
13    including March 31 of the immediately succeeding calendar
14    year.
15        (2) Each public utility shall maintain records which
16    shall include, but not necessarily be limited to, the
17    manner by which the customer was notified and the time,
18    date and manner by which any prior but unsuccessful
19    attempts to contact were made. These records shall also
20    describe the terms of the deferred payment arrangements
21    offered to the customer and those entered into by the
22    utility and customers. These records shall indicate the
23    total amount past due, the down payment, the amount
24    remaining to be paid and the number of months allowed to
25    pay the outstanding balance. No public utility shall be
26    required to retain records pertaining to unsuccessful

 

 

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1    attempts to contact or deferred payment arrangements
2    rejected by the customer after such customer has entered
3    into a deferred payment arrangement with such utility.
4    (c) No public utility shall disconnect service for
5nonpayment of a bill until the lapse of 6 business days after
6making the notification required by paragraph (1) of subsection
7(b) so as to allow the customer an opportunity to:
8        (1) Enter into a deferred payment arrangement and the
9    option to enter into a levelized payment plan for the
10    payment of future bills.
11        (2) Contact a governmental or private agency that may
12    provide assistance to customers for the payment of public
13    utility bills.
14    (d) Any residential customer who enters into a deferred
15payment arrangement pursuant to this Act, and subsequently
16during that period of time set forth in subsection (a) becomes
17subject to termination, shall be given notice as required by
18law and any rule or regulation of the Commission prior to
19termination of service.
20    (e) During that time period set forth in subsection (a), a
21utility shall not require a down payment for a deposit from a
22residential customer in excess of 20% of the total deposit
23requested. An additional 4 months shall be allowed to pay the
24remainder of the deposit. This provision shall not apply to
25mastermetered apartment buildings or other nonresidential
26customers.

 

 

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1    (f) During that period of time set forth in subsection (a),
2no utility may refuse to offer a deferred payment agreement to
3a residential customer who has defaulted on such an agreement
4within the past 12 months. However, no utility shall be
5required to enter into more than one deferred payment
6arrangement under this Section with any residential customer or
7mastermetered apartment building during the period from
8December 1 through and including March 31 of the immediately
9succeeding calendar year.
10    (g) In order to enable customers to take advantage of
11energy assistance programs, customers who can demonstrate that
12their applications for a local, state or federal energy
13assistance program have been approved may request that the
14amount they will be entitled to receive as a regular energy
15assistance payment be deducted and set aside from the amount
16past due on which they make deferred payment arrangements.
17Payment on the set-aside amount shall be credited when the
18energy assistance voucher or check is received, according to
19the utility's common business practice.
20    (h) In no event shall any utility send a final notice to
21any customer who has entered into a current deferred payment
22agreement and has not defaulted on that deferred payment
23agreement, unless the final notice pertains to a deposit
24request.
25    (i) Each utility shall include with each disconnection
26notice sent during the period for December 1 through and

 

 

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1including March 31 of the immediately succeeding calendar year
2to a residential customer an insert explaining the above
3provisions and providing a telephone number of the utility
4company which the consumer may call to receive further
5information.
6    (j) Each utility shall file with the Commission prior to
7December 1 of each year a plan detailing the implementation of
8this Section. This plan shall contain, but not be limited to:
9        (1) a description of the methods to be used to notify
10    residential customers as required in this Section,
11    including the forms of written and oral notices which shall
12    be required to include all the information contained in
13    subsection (b) of this Section.
14        (2) a listing of the names, addresses and telephone
15    numbers of governmental and private agencies which may
16    provide assistance to residential customers in paying
17    their utility bills.
18        (3) the program of employee education and information
19    which shall be used by the company in the implementation of
20    this Section.
21        (4) a description of methods to be utilized to inform
22    residential customers of those governmental and private
23    agencies and current and planned methods of cooperation
24    with those agencies to identify the customers who qualify
25    for assistance in paying their utility bills.
26    A utility which has a plan on file with the Commission need

 

 

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1not resubmit a new plan each year. However, any alteration of
2the plan on file must be submitted and approved prior to
3December 1 of any year.
4    All plans are subject to review and approval by the
5Commission. The Commission may direct a utility to alter its
6plan to comply with the requirements of this Section.
7    (k) Notwithstanding any other provision of this Act, no
8electric or gas public utility shall disconnect service to any
9residential customer who is a participant under Section 6 of
10the Energy Assistance Act for nonpayment of a bill or deposit
11where gas or electricity is used as the primary source of space
12heating or is used to control or operate the primary source of
13space heating equipment at the premises during the period of
14time from December 1 through and including March 31 of the
15immediately succeeding calendar year.
16    (l) Notwithstanding any other provision of this Act, no
17electric or gas public utility shall disconnect service to any
18residential customer who has notified the utility that he or
19she is a service member or veteran for nonpayment of a bill or
20deposit where gas or electricity is used as the primary source
21of space heating or is used to control or operate the primary
22source of space heating equipment at the premises during the
23period of time from December 1 through and including March 31
24of the immediately succeeding calendar year.
25(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08.)