SB2128 94TH GENERAL ASSEMBLY

LRB094 13182 MKM 48034 b

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.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning regulation.

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

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

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

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

(a) No gas or electric service furnished to residential users by a municipality shall be terminated for nonpayment of bills on:

(1) (i) any day when the National Weather Service forecast for the following 24 hours covering the area in which the residence is located includes a forecast that the temperature will be 20 degrees Fahrenheit or below; or

(2) (ii) any day preceding a holiday or a weekend when such a forecast indicates that the temperature will be 20 degrees Fahrenheit or below during the holiday or weekend.

(b) No gas or electric service furnished to residential users, including all tenants of mastermetered apartment buildings, shall be terminated for nonpayment of bills, if gas or electricity is used as the only source of cooling or to control or operate the only cooling equipment at the residence:

(1) on any day when the National Weather Service forecast for the following 24 hours covering the county in which the residence is located includes a heat advisory; or

(2) on any day preceding a holiday or a weekend when the National Weather Service forecast includes a heat advisory; or

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

This Section amendatory Act of 1979 applies to all municipalities that own or operate a public utility, including home rule units. However, nothing in this Section shall prevent any municipality from establishing more stringent measures.

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

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

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

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

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

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

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

(b) Termination of gas and electric utility service to all residential users, including all tenants of mastermetered apartment buildings, for nonpayment of bills, if gas or electricity is used as the only source of cooling or to control or operate the only cooling equipment at the residence, is prohibited:

(1) on any day when the National Weather Service forecast for the following 24 hours covering the county in which the residence is located includes a heat advisory; or

(2) on any day preceding a holiday or a weekend when the National Weather Service forecast includes a heat advisory; or

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

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

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

(30 ILCS 805/8.29 new)

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

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