093_HB2384

 
                                     LRB093 09185 LRD 09417 b

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

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