State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 001 ]


92_HB4085

 
                                               LRB9214318JSpc

 1        AN ACT concerning public utilities.

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

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

 6        (220 ILCS 5/8-206) (from Ch. 111 2/3, par. 8-206)
 7        Sec. 8-206.  Winter service disconnection.
 8        (a)  Notwithstanding any other provision of this Act,  no
 9    electric  or  gas  public utility shall disconnect service to
10    any residential customer or mastermetered apartment  building
11    for  nonpayment of a bill or deposit where gas or electricity
12    is used as the primary source of space heating or is used  to
13    control  or  operate  the  primary  source  of  space heating
14    equipment at the premises during  the  period  of  time  from
15    December  1 through and including March 31 of the immediately
16    succeeding  calendar  year,  unless  all  of  the   following
17    requirements are met:
18             (1)  The  utility  (i)  has  offered  the customer a
19        deferred payment arrangement allowing for payment of past
20        due amounts over a period of not less than 4  months  not
21        to extend beyond the following November and the option to
22        enter  into  a  levelized payment plan for the payment of
23        future bills.   The  maximum  down  payment  requirements
24        shall  not exceed 10% of the amount past due and owing at
25        the time of entering into the agreement.; and (ii)
26             (2)  The utility has provided the customer with  the
27        names,  addresses,  and telephone numbers of governmental
28        and private agencies  which  may  provide  assistance  to
29        customers  of  public  utilities  in paying their utility
30        bills; the utility shall obtain the approval of an agency
31        before placing the name of that agency on any list  which
 
                            -2-                LRB9214318JSpc
 1        will be used to provide such information to customers.;
 2             (3)  The  utility's  deferred  payment plan provides
 3        that the customer  can  earn  credit  to  be  applied  to
 4        past-due bills by working for a nonprofit community-based
 5        organization  or by attending school in order to pass the
 6        General Educational Development test.
 7             (4) (2)  The customer has refused or failed to enter
 8        into a  deferred  payment  arrangement  as  described  in
 9        paragraphs  paragraph (1) and (2) of this subsection (a);
10        and
11             (5) (3)  All notice requirements as provided by  law
12        and rules or regulations of the Commission have been met.
13        (b)  Prior  to termination of service for any residential
14    customer  or  mastermetered  apartment  building  during  the
15    period from December 1 through and including March 31 of  the
16    immediately  succeeding  calendar  year, all electric and gas
17    public utilities shall, in addition to all other notices:
18             (1)  Notify the customer or an adult residing at the
19        customer's premises by telephone, a personal visit to the
20        customer's premises or by first class mail, informing the
21        customer that:
22                  (i)  the customer's account is in  arrears  and
23             the customer's service is subject to termination for
24             nonpayment of a bill;
25                  (ii)  the  customer  can avoid disconnection of
26             service  by  entering  into   a   deferred   payment
27             agreement  to pay past due amounts over a period not
28             to extend beyond  the  following  November  and  the
29             customer  has  the  option to enter into a levelized
30             payment plan for the payment of future bills;
31                  (iii)  the customer may apply for any available
32             assistance to aid in the payment  of  utility  bills
33             from  any  governmental or private agencies from the
34             list of such agencies provided to  the  customer  by
 
                            -3-                LRB9214318JSpc
 1             the utility; and.
 2                  (iv)  the   customer  may  earn  credit  to  be
 3             applied to past-due bills by working for a nonprofit
 4             community-based organization or by attending  school
 5             in order to pass the General Educational Development
 6             test.
 7             Provided, However,  that  a  public utility shall be
 8        required to make only one such contact with the  customer
 9        during  any  such  period  from  December  1  through and
10        including March 31 of the immediately succeeding calendar
11        year.
12             (2)  Each  public  utility  shall  maintain  records
13        which shall include, but not necessarily be  limited  to,
14        the  manner  by  which  the customer was notified and the
15        time, date and manner by which any prior but unsuccessful
16        attempts to contact were made.  These records shall  also
17        describe  the  terms of the deferred payment arrangements
18        offered to the customer and those  entered  into  by  the
19        utility  and customers.  These records shall indicate the
20        total amount past  due,  the  down  payment,  the  amount
21        remaining  to be paid and the number of months allowed to
22        pay the outstanding balance.  No public utility shall  be
23        required  to  retain  records  pertaining to unsuccessful
24        attempts to  contact  or  deferred  payment  arrangements
25        rejected  by the customer after such customer has entered
26        into a deferred payment arrangement with such utility.
27        (c)  No  public  utility  shall  disconnect  service  for
28    nonpayment of a bill until the lapse of 6 business days after
29    making  the  notification  required  by  paragraph   (1)   of
30    subsection (b) so as to allow the customer an opportunity to:
31             (1)  Enter  into  a deferred payment arrangement and
32        the option to enter into a levelized payment plan for the
33        payment of future bills.
34             (2)  Contact a governmental or private  agency  that
 
                            -4-                LRB9214318JSpc
 1        may  provide  assistance  to customers for the payment of
 2        public utility bills.
 3        (d)  Any residential customer who enters into a  deferred
 4    payment  arrangement  pursuant  to this Act, and subsequently
 5    during that period  of  time  set  forth  in  subsection  (a)
 6    becomes  subject  to  termination,  shall  be given notice as
 7    required by law and any rule or regulation of the  Commission
 8    prior to termination of service.
 9        (e)  During that time period set forth in subsection (a),
10    a utility shall not require a down payment for a deposit from
11    a  residential customer in excess of 20% of the total deposit
12    requested.  An additional 4 months shall be  allowed  to  pay
13    the remainder of the deposit.  This provision shall not apply
14    to  mastermetered apartment buildings or other nonresidential
15    customers.
16        (f)  During that period of time set forth  in  subsection
17    (a),  no  utility  may  refuse  to  offer  a deferred payment
18    agreement to a residential customer who has defaulted on such
19    an agreement within the past 12 months.  However, no  utility
20    shall  be  required  to  enter  into  more  than one deferred
21    payment arrangement under this Section with  any  residential
22    customer  or  mastermetered  apartment  building  during  the
23    period  from December 1 through and including March 31 of the
24    immediately succeeding calendar year.
25        (g)  In order to enable customers to  take  advantage  of
26    energy  assistance  programs,  customers  who can demonstrate
27    that their applications for a local, state or federal  energy
28    assistance  program  have  been approved may request that the
29    amount they will be entitled to receive as a  regular  energy
30    assistance  payment be deducted and set aside from the amount
31    past due on which they make  deferred  payment  arrangements.
32    Payment  on  the  set-aside amount shall be credited when the
33    energy assistance voucher or check is received, according  to
34    the utility's common business practice.
 
                            -5-                LRB9214318JSpc
 1        (h)  In no event shall any utility send a final notice to
 2    any  customer who has entered into a current deferred payment
 3    agreement and has not  defaulted  on  that  deferred  payment
 4    agreement,  unless  the  final  notice  pertains to a deposit
 5    request.
 6        (i)  Each utility shall include with  each  disconnection
 7    notice  sent  during  the  period  for December 1 through and
 8    including March 31 of  the  immediately  succeeding  calendar
 9    year to a residential customer an insert explaining the above
10    provisions  and  providing  a telephone number of the utility
11    company which  the  consumer  may  call  to  receive  further
12    information.
13        (j)  Each utility shall file with the Commission prior to
14    December  1  of each year a plan detailing the implementation
15    of this Section.  This plan shall contain, but not be limited
16    to:
17             (1)  a description of the  methods  to  be  used  to
18        notify residential customers as required in this Section,
19        including  the  forms  of  written and oral notices which
20        shall  be  required  to  include  all   the   information
21        contained in subsection (b) of this Section.
22             (2)  a listing of the names, addresses and telephone
23        numbers  of  governmental  and private agencies which may
24        provide assistance to  residential  customers  in  paying
25        their utility bills;
26             (3)  the   program   of   employee   education   and
27        information  which  shall  be  used by the company in the
28        implementation of this Section.
29             (4)  a description of  methods  to  be  utilized  to
30        inform  residential  customers  of those governmental and
31        private agencies  and  current  and  planned  methods  of
32        cooperation with those agencies to identify the customers
33        who qualify for assistance in paying their utility bills.
34        A  utility  which  has a plan on file with the Commission
 
                            -6-                LRB9214318JSpc
 1    need not  resubmit  a  new  plan  each  year.   However,  any
 2    alteration of the plan on file must be submitted and approved
 3    prior to December 1 of any year.
 4        All  plans  are  subject  to  review  and approval by the
 5    Commission. The Commission may direct a utility to alter  its
 6    plan to comply with the requirements of this Section.
 7    (Source: P.A. 84-617.)

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

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