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.