Public Act 93-0289

SB1330 Enrolled                      LRB093 02468 JLS 02478 b

    AN ACT relating to public utilities.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Public  Utilities  Act  is  amended by
changing Section 8-206 as follows:

    (220 ILCS 5/8-206) (from Ch. 111 2/3, par. 8-206)
    Sec. 8-206. Winter termination for nonpayment.
    (a) Notwithstanding any other provision of this  Act,  no
electric  or  gas  public utility shall disconnect service to
any residential customer or mastermetered apartment  building
for  nonpayment of a bill or deposit where gas or electricity
is used as the primary source of space heating or is used  to
control  or  operate  the  primary  source  of  space heating
equipment at the premises during  the  period  of  time  from
December  1 through and including March 31 of the immediately
succeeding calendar year, unless:
    (1)  The utility (i) has offered the customer a  deferred
payment  arrangement allowing for payment of past due amounts
over a period of not less than 4 months not to extend  beyond
the  following  November  and  the  option  to  enter  into a
levelized payment plan for the payment of future bills.   The
maximum down payment requirements shall not exceed 10% of the
amount  past  due  and owing at the time of entering into the
agreement; and (ii) has provided the customer with the names,
addresses and telephone numbers of governmental  and  private
agencies  which may provide assistance to customers of public
utilities in paying their utility bills;  the  utility  shall
obtain  the  approval of an agency before placing the name of
that agency on any list which will be used  to  provide  such
information to customers;
    (2)  The  customer  has refused or failed to enter into a
deferred payment arrangement as described in paragraph (1) of
this subsection (a); and
    (3)  All notice requirements as provided by law and rules
or regulations of the Commission have been met.
    (b)  Prior to termination of service for any  residential
customer  or  mastermetered  apartment  building  during  the
period  from December 1 through and including March 31 of the
immediately succeeding calendar year, all  electric  and  gas
public utilities shall, in addition to all other notices:
    (1)  Notify  the  customer  or  an  adult residing at the
customer's premises by telephone, a  personal  visit  to  the
customer's  premises  or  by  first class mail, informing the
customer that:
    (i)  the  customer's  account  is  in  arrears  and   the
customer's  service  is subject to termination for nonpayment
of a bill;
    (ii)  the customer can avoid disconnection of service  by
entering  into  a  deferred payment agreement to pay past due
amounts over a period not  to  extend  beyond  the  following
November  and  the  customer  has  the option to enter into a
levelized payment plan for the payment of future bills;
    (iii)  the  customer  may   apply   for   any   available
assistance  to  aid  in the payment of utility bills from any
governmental or  private  agencies  from  the  list  of  such
agencies provided to the customer by the utility.
    Provided,   however,  that  a  public  utility  shall  be
required to make only one  such  contact  with  the  customer
during  any such period from December 1 through and including
March 31 of the immediately succeeding calendar year.
    (2)  Each public utility  shall  maintain  records  which
shall  include, but not necessarily be limited to, the manner
by which the customer was notified and  the  time,  date  and
manner  by  which  any  prior  but  unsuccessful  attempts to
contact were made.  These records  shall  also  describe  the
terms  of  the  deferred  payment arrangements offered to the
customer and those entered into by the utility and customers.
These records shall indicate the total amount past  due,  the
down  payment, the amount remaining to be paid and the number
of months allowed to pay the outstanding balance.  No  public
utility  shall  be  required  to retain records pertaining to
unsuccessful  attempts  to  contact   or   deferred   payment
arrangements rejected by the customer after such customer has
entered   into  a  deferred  payment  arrangement  with  such
utility.
    (c)  No  public  utility  shall  disconnect  service  for
nonpayment of a bill until the lapse of 6 business days after
making  the  notification  required  by  paragraph   (1)   of
subsection (b) so as to allow the customer an opportunity to:
    (1)  Enter  into  a  deferred payment arrangement and the
option to enter into a levelized payment plan for the payment
of future bills.
    (2)  Contact a governmental or private  agency  that  may
provide  assistance  to  customers  for the payment of public
utility bills.
    (d)  Any residential customer who enters into a  deferred
payment  arrangement  pursuant  to this Act, and subsequently
during that period  of  time  set  forth  in  subsection  (a)
becomes  subject  to  termination,  shall  be given notice as
required by law and any rule or regulation of the  Commission
prior to termination of service.
    (e)  During that time period set forth in subsection (a),
a utility shall not require a down payment for a deposit from
a  residential customer in excess of 20% of the total deposit
requested.  An additional 4 months shall be  allowed  to  pay
the remainder of the deposit.  This provision shall not apply
to  mastermetered apartment buildings or other nonresidential
customers.
    (f)  During that period of time set forth  in  subsection
(a),  no  utility  may  refuse  to  offer  a deferred payment
agreement to a residential customer who has defaulted on such
an agreement within the past 12 months.  However, no  utility
shall  be  required  to  enter  into  more  than one deferred
payment arrangement under this Section with  any  residential
customer  or  mastermetered  apartment  building  during  the
period  from December 1 through and including March 31 of the
immediately succeeding calendar year.
    (g)  In order to enable customers to  take  advantage  of
energy  assistance  programs,  customers  who can demonstrate
that their applications for a local, state or federal  energy
assistance  program  have  been approved may request that the
amount they will be entitled to receive as a  regular  energy
assistance  payment be deducted and set aside from the amount
past due on which they make  deferred  payment  arrangements.
Payment  on  the  set-aside amount shall be credited when the
energy assistance voucher or check is received, according  to
the utility's common business practice.
    (h)  In no event shall any utility send a final notice to
any  customer who has entered into a current deferred payment
agreement and has not  defaulted  on  that  deferred  payment
agreement,  unless  the  final  notice  pertains to a deposit
request.
    (i)  Each utility shall include with  each  disconnection
notice  sent  during  the  period  for December 1 through and
including March 31 of  the  immediately  succeeding  calendar
year to a residential customer an insert explaining the above
provisions  and  providing  a telephone number of the utility
company which  the  consumer  may  call  to  receive  further
information.
    (j)  Each utility shall file with the Commission prior to
December  1  of each year a plan detailing the implementation
of this Section.  This plan shall contain, but not be limited
to:
    (1)  a description of the methods to be  used  to  notify
residential  customers as required in this Section, including
the forms of written and oral notices which shall be required
to include all the information contained in subsection (b) of
this Section.
    (2)  a listing of  the  names,  addresses  and  telephone
numbers  of  governmental  and  private  agencies  which  may
provide  assistance  to residential customers in paying their
utility bills;
    (3)  the program of employee  education  and  information
which  shall  be used by the company in the implementation of
this Section.
    (4)  a description of methods to be  utilized  to  inform
residential  customers  of  those  governmental  and  private
agencies  and current and planned methods of cooperation with
those agencies to identify  the  customers  who  qualify  for
assistance in paying their utility bills.
    A  utility  which  has a plan on file with the Commission
need not  resubmit  a  new  plan  each  year.   However,  any
alteration of the plan on file must be submitted and approved
prior to December 1 of any year.
    All  plans  are  subject  to  review  and approval by the
Commission. The Commission may direct a utility to alter  its
plan to comply with the requirements of this Section.
    (k)  Notwithstanding  any other provision of this Act, no
electric or gas public utility shall  disconnect  service  to
any residential customer who is a participant under Section 6
of the Energy Assistance Act of 1989 for nonpayment of a bill
or  deposit  where  gas or electricity is used as the primary
source of space heating or is used to control or operate  the
primary  source  of  space  heating equipment at the premises
during the  period  of  time  from  December  1  through  and
including  March  31  of  the immediately succeeding calendar
year.
(Source: P.A. 84-617.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.