Illinois General Assembly - Full Text of HB1260
Illinois General Assembly

Previous General Assemblies

Full Text of HB1260  97th General Assembly

HB1260ham001 97TH GENERAL ASSEMBLY

Rep. Keith Farnham

Filed: 3/1/2011

 

 


 

 


 
09700HB1260ham001LRB097 06188 ASK 51735 a

1
AMENDMENT TO HOUSE BILL 1260

2    AMENDMENT NO. ______. Amend House Bill 1260 by replacing
3everything after the enacting clause with the following:
 
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:

 

 

09700HB1260ham001- 2 -LRB097 06188 ASK 51735 a

1        (1) The utility (i) has offered the customer a deferred
2    payment arrangement allowing for payment of past due
3    amounts over a period of not less than 4 months not to
4    extend beyond the following November and the option to
5    enter into a levelized payment plan for the payment of
6    future bills. The maximum down payment requirements shall
7    not exceed 10% of the amount past due and owing at the time
8    of entering into the agreement; and (ii) has provided the
9    customer with the names, addresses and telephone numbers of
10    governmental and private agencies which may provide
11    assistance to customers of public utilities in paying their
12    utility bills; the utility shall obtain the approval of an
13    agency before placing the name of that agency on any list
14    which will be used to provide such information to
15    customers;
16        (2) The customer has refused or failed to enter into a
17    deferred payment arrangement as described in paragraph (1)
18    of this subsection (a); and
19        (3) All notice requirements as provided by law and
20    rules or regulations of the Commission have been met.
21    (b) Prior to termination of service for any residential
22customer or mastermetered apartment building during the period
23from December 1 through and including March 31 of the
24immediately succeeding calendar year, all electric and gas
25public utilities shall, in addition to all other notices:
26        (1) Notify the customer or an adult residing at the

 

 

09700HB1260ham001- 3 -LRB097 06188 ASK 51735 a

1    customer's premises by telephone, a personal visit to the
2    customer's premises or by first class mail, informing the
3    customer that:
4            (i) the customer's account is in arrears and the
5        customer's service is subject to termination for
6        nonpayment of a bill;
7            (ii) the customer can avoid disconnection of
8        service by entering into a deferred payment agreement
9        to pay past due amounts over a period not to extend
10        beyond the following November and the customer has the
11        option to enter into a levelized payment plan for the
12        payment of future bills;
13            (iii) the customer may apply for any available
14        assistance to aid in the payment of utility bills from
15        any governmental or private agencies from the list of
16        such agencies provided to the customer by the utility.
17        Provided, however, that a public utility shall be
18    required to make only one such contact with the customer
19    during any such period from December 1 through and
20    including March 31 of the immediately succeeding calendar
21    year.
22        (2) Each public utility shall maintain records which
23    shall include, but not necessarily be limited to, the
24    manner by which the customer was notified and the time,
25    date and manner by which any prior but unsuccessful
26    attempts to contact were made. These records shall also

 

 

09700HB1260ham001- 4 -LRB097 06188 ASK 51735 a

1    describe the terms of the deferred payment arrangements
2    offered to the customer and those entered into by the
3    utility and customers. These records shall indicate the
4    total amount past due, the down payment, the amount
5    remaining to be paid and the number of months allowed to
6    pay the outstanding balance. No public utility shall be
7    required to retain records pertaining to unsuccessful
8    attempts to contact or deferred payment arrangements
9    rejected by the customer after such customer has entered
10    into a deferred payment arrangement with such utility.
11    (c) No public utility shall disconnect service for
12nonpayment of a bill until the lapse of 6 business days after
13making the notification required by paragraph (1) of subsection
14(b) so as to allow the customer an opportunity to:
15        (1) Enter into a deferred payment arrangement and the
16    option to enter into a levelized payment plan for the
17    payment of future bills.
18        (2) Contact a governmental or private agency that may
19    provide assistance to customers for the payment of public
20    utility bills.
21    (d) Any residential customer who enters into a deferred
22payment arrangement pursuant to this Act, and subsequently
23during that period of time set forth in subsection (a) becomes
24subject to termination, shall be given notice as required by
25law and any rule or regulation of the Commission prior to
26termination of service.

 

 

09700HB1260ham001- 5 -LRB097 06188 ASK 51735 a

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

 

 

09700HB1260ham001- 6 -LRB097 06188 ASK 51735 a

1    (h) In no event shall any utility send a final notice to
2any customer who has entered into a current deferred payment
3agreement and has not defaulted on that deferred payment
4agreement, unless the final notice pertains to a deposit
5request.
6    (i) Each utility shall include with each disconnection
7notice sent during the period for December 1 through and
8including March 31 of the immediately succeeding calendar year
9to a residential customer an insert explaining the above
10provisions and providing a telephone number of the utility
11company which the consumer may call to receive further
12information.
13    (j) Each utility shall file with the Commission prior to
14December 1 of each year a plan detailing the implementation of
15this Section. This plan shall contain, but not be limited to:
16        (1) a description of the methods to be used to notify
17    residential customers as required in this Section,
18    including the forms of written and oral notices which shall
19    be required to include all the information contained in
20    subsection (b) of this Section.
21        (2) a listing of the names, addresses and telephone
22    numbers of governmental and private agencies which may
23    provide assistance to residential customers in paying
24    their utility bills.
25        (3) the program of employee education and information
26    which shall be used by the company in the implementation of

 

 

09700HB1260ham001- 7 -LRB097 06188 ASK 51735 a

1    this Section.
2        (4) a description of methods to be utilized to inform
3    residential customers of those governmental and private
4    agencies and current and planned methods of cooperation
5    with those agencies to identify the customers who qualify
6    for assistance in paying their utility bills.
7    A utility which has a plan on file with the Commission need
8not resubmit a new plan each year. However, any alteration of
9the plan on file must be submitted and approved prior to
10December 1 of any year.
11    All plans are subject to review and approval by the
12Commission. The Commission may direct a utility to alter its
13plan to comply with the requirements of this Section.
14    (k) Notwithstanding any other provision of this Act, no
15electric or gas public utility shall disconnect service to any
16residential customer who is a participant under Section 6 of
17the Energy Assistance Act for nonpayment of a bill or deposit
18where gas or electricity is used as the primary source of space
19heating or is used to control or operate the primary source of
20space heating equipment at the premises during the period of
21time from December 1 through and including March 31 of the
22immediately succeeding calendar year.
23    (l) Notwithstanding any other provision of this Act, no
24electric or gas public utility shall disconnect service to any
25residential customer who has notified the utility that he or
26she is a service member or veteran for nonpayment of a bill or

 

 

09700HB1260ham001- 8 -LRB097 06188 ASK 51735 a

1deposit where gas or electricity is used as the primary source
2of space heating or is used to control or operate the primary
3source of space heating equipment at the premises during the
4period of time from December 1 through and including March 31
5of the immediately succeeding calendar year.
6(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08.)".