94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2128


 
Introduced 10/19/2005, by Sen. Larry K. Bomke
 
SYNOPSIS AS INTRODUCED:
 		

















65 ILCS 5/11-117-12.1
  from Ch. 24, par. 11-117-12.1


220 ILCS 5/8-205
  from Ch. 111 2/3, par. 8-205



30 ILCS 805/8.29 new









    Amends the the Illinois Municipal Code and the Public Utilities Act. Prohibits the termination of gas and electric utility service to a residential user under specified warm weather conditions if the gas or electricity is used as the only source of cooling at the residence or to operate or control the only source of cooling equipment at the residence. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.
















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FISCAL NOTE ACT MAY APPLY


HOME RULE NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











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    AN ACT concerning regulation.

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


 
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    Section 5. The Illinois Municipal Code is amended  by 
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changing Section 11-117-12.1 as follows:
 



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    (65 ILCS 5/11-117-12.1)  (from Ch. 24, par. 11-117-12.1)


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    Sec. 11-117-12.1. Termination of gas or electric service.

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    (a) No gas or electric service furnished to residential 
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users
by a municipality shall be terminated for nonpayment of 
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bills on:  
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        (1)
(i)
any day when the National Weather Service 
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    forecast for the following 24
hours covering the area in 
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    which the residence is located includes a forecast
that the 
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    temperature will be 20 degrees Fahrenheit or below; or 
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        (2)
(ii) any
day preceding a holiday or a weekend when 
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    such a forecast indicates
that the temperature will be 20 
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    degrees Fahrenheit or below during the holiday
or weekend.

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    (b) No gas or electric service furnished to residential 
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users, including all tenants of mastermetered apartment 
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buildings, shall be terminated for nonpayment of bills, if gas 
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or electricity is used as the only source of cooling or to 
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control or operate the only cooling equipment at the residence:
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        (1) on any day when the National Weather Service 
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    forecast for the following 24 hours covering the county in 
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    which the residence is located includes a heat advisory; or
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        (2) on any day preceding a holiday or a weekend when 
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    the National Weather Service forecast includes a heat 
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    advisory; or
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        (3) during the period of each year beginning on July 1 
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    and through and including September 1.

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    This Section
amendatory Act of 1979 applies to all 
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municipalities that own or operate
a public utility, including 
 


 






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home rule units.  However, nothing in this Section
shall prevent 
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any municipality from establishing more stringent measures. 

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(Source: P.A. 81-986.)


 
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    Section 10. The Public Utilities Act is amended  by changing 
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Section 8-205 as follows:
 



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    (220 ILCS 5/8-205)  (from Ch. 111 2/3, par. 8-205)



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    Sec. 8-205. Termination of gas and electric utility 
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service.

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    (a) Termination of gas and electric utility service to all

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residential users, including all tenants of mastermetered 
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apartment
buildings, for nonpayment of bills, where gas or 
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electricity is used as the
only source of space heating or to 
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control or operate the only space
heating equipment at the 
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residence is prohibited:
,

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        (1)
1.  on any day when the National Weather Service 
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    forecast for the following
24 hours covering the area of 
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    the utility in which the residence is located
includes a 
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    forecast that the temperature will be 32 degrees Fahrenheit 
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    or below; or

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        (2)
2.  on any day preceding a holiday or a weekend when 
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    such a forecast
indicated that the temperature will be 32 
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    degrees Fahrenheit or below
during the holiday or weekend.

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    (b) Termination of gas and electric utility service to all 
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residential users, including all tenants of mastermetered 
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apartment buildings, for nonpayment of bills, if gas or 
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electricity is used as the only source of cooling or to control 
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or operate the only cooling equipment at the residence, is 
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prohibited:
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        (1) on any day when the National Weather Service 
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    forecast for the following 24 hours covering the county in 
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    which the residence is located includes a heat advisory; or
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        (2) on any day preceding a holiday or a weekend when 
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    the National Weather Service forecast includes a heat 
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    advisory; or
 


 






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        (3) during the period of each year beginning on July 1 
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    and through and including September 1.

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(Source: P.A. 84-617.)


 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.29 as
follows:


 
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    (30 ILCS 805/8.29 new)

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    Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this
Act, no reimbursement by the State is required for the 
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implementation of
any mandate created by this amendatory Act of 
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the 94th General Assembly.

 

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