Full Text of HB3419 97th General Assembly
HB3419 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3419 Introduced 2/24/2011, by Rep. William Davis SYNOPSIS AS INTRODUCED: |
| 220 ILCS 5/8-206 | from Ch. 111 2/3, par. 8-206 | 220 ILCS 5/8-207 | from Ch. 111 2/3, par. 8-207 |
|
Amends the Public Utilities Act. Provides that notwithstanding any other provision of the Act, no electric or gas public utility shall disconnect service to a residential customer or consider a residential customer in violation of his or her deferred payment arrangement if the residential customer has made the required payment by or on the due date, but his or her payment was not recorded as made on time as a result of a policy or a technical error on the part of the electric or gas public utility. Provides that "payment by or on the due date" includes payment at any time on the day on which the required payment is owed.
|
| |
| | A BILL FOR |
|
| | | HB3419 | | LRB097 05523 ASK 45584 b |
|
| 1 | | AN ACT concerning regulation.
| 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 changing | 5 | | Sections 8-206 and 8-207 as follows:
| 6 | | (220 ILCS 5/8-206) (from Ch. 111 2/3, par. 8-206)
| 7 | | Sec. 8-206. Winter termination for nonpayment.
| 8 | | (a) Notwithstanding any other provision of this Act, no
| 9 | | electric 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 | 19 | | amounts over a period of not less than
4 months not to | 20 | | extend beyond the following November and the option to | 21 | | enter
into a levelized payment plan for the payment of | 22 | | future bills. The maximum
down payment requirements shall | 23 | | not exceed 10% of the amount past due and
owing at the time |
| | | HB3419 | - 2 - | LRB097 05523 ASK 45584 b |
|
| 1 | | of entering into the agreement; and (ii) has provided
the | 2 | | customer with the names, addresses and telephone numbers of | 3 | | governmental
and private agencies which may provide | 4 | | assistance to customers of public
utilities in paying their | 5 | | utility bills; the utility shall obtain the approval
of an | 6 | | agency before placing the name of that agency on any list | 7 | | which will
be used to provide such information to | 8 | | customers;
| 9 | | (2) The customer has refused or failed to enter into a | 10 | | deferred payment
arrangement as described in paragraph (1) | 11 | | of this subsection (a); and
| 12 | | (3) All notice requirements as provided by law and | 13 | | rules or regulations
of the Commission have been met.
| 14 | | (b) Prior to termination of service for any residential | 15 | | customer or
mastermetered apartment building during the period | 16 | | from December 1 through
and including March 31 of the | 17 | | immediately succeeding calendar year, all
electric and gas | 18 | | public utilities shall, in addition to all other notices:
| 19 | | (1) Notify the customer or an adult residing at the | 20 | | customer's premises by
telephone, a personal visit to the | 21 | | customer's premises or by first class
mail, informing the | 22 | | customer that:
| 23 | | (i) the customer's account is in arrears and the | 24 | | customer's service is
subject to termination for | 25 | | nonpayment of a bill;
| 26 | | (ii) the customer can avoid disconnection of |
| | | HB3419 | - 3 - | LRB097 05523 ASK 45584 b |
|
| 1 | | service by entering into
a deferred payment agreement | 2 | | to pay past due amounts over a period not to
extend | 3 | | beyond the following November and the customer has the | 4 | | option to
enter into a levelized payment plan for the | 5 | | payment of future bills;
| 6 | | (iii) the customer may apply for any available | 7 | | assistance to aid in the
payment of utility bills from | 8 | | any governmental or private agencies from
the list of | 9 | | such agencies provided to the customer by the utility.
| 10 | | Provided, however, that a public utility shall be | 11 | | required to make only
one such contact with the customer | 12 | | during any such period from December
1 through and | 13 | | including March 31 of the immediately succeeding calendar | 14 | | year.
| 15 | | (2) Each public utility shall maintain records which | 16 | | shall include, but
not necessarily be limited to, the | 17 | | manner by which the customer was notified
and the time, | 18 | | date and manner by which any prior but unsuccessful | 19 | | attempts
to contact were made. These records shall also | 20 | | describe the terms of the
deferred payment arrangements | 21 | | offered to the customer and those entered
into by the | 22 | | utility and customers. These records shall indicate the | 23 | | total
amount past due, the down payment, the amount | 24 | | remaining to be paid and the
number of months allowed to | 25 | | pay the outstanding balance. No public utility
shall be | 26 | | required to retain records pertaining to unsuccessful |
| | | HB3419 | - 4 - | LRB097 05523 ASK 45584 b |
|
| 1 | | attempts to
contact or deferred payment arrangements | 2 | | rejected by the customer after such
customer has entered | 3 | | into a deferred payment arrangement with such utility.
| 4 | | (c) No public utility shall disconnect service for | 5 | | nonpayment of a bill
until the lapse of 6 business days after | 6 | | making the notification required by
paragraph (1) of subsection | 7 | | (b) so as to allow the customer an opportunity to:
| 8 | | (1) Enter into a deferred payment arrangement and the | 9 | | option to enter
into a levelized payment plan for the | 10 | | payment of future bills.
| 11 | | (2) Contact a governmental or private agency that may | 12 | | provide assistance
to customers for the payment of public | 13 | | utility bills.
| 14 | | (d) Any residential customer who enters into a deferred | 15 | | payment arrangement
pursuant to this Act, and subsequently | 16 | | during that period of time set forth
in subsection (a) becomes | 17 | | subject to termination, shall be given notice
as required by | 18 | | law and any rule or regulation of the Commission prior to
| 19 | | termination of service.
| 20 | | (e) During that time period set forth in subsection (a), a | 21 | | utility shall
not require a down payment for a deposit from a | 22 | | residential customer in
excess of 20% of the total deposit | 23 | | requested. An additional 4 months shall
be allowed to pay the | 24 | | remainder of the deposit. This provision shall not
apply to | 25 | | mastermetered apartment buildings or other nonresidential | 26 | | customers.
|
| | | HB3419 | - 5 - | LRB097 05523 ASK 45584 b |
|
| 1 | | (f) During that period of time set forth in subsection (a), | 2 | | no utility
may refuse to offer a deferred payment agreement to | 3 | | a residential customer
who has defaulted on such an agreement | 4 | | within the past 12 months. However,
no utility shall be | 5 | | required to enter into more than one deferred payment
| 6 | | arrangement under this Section with any residential customer or
| 7 | | mastermetered apartment building during the period from | 8 | | December 1 through
and including March 31 of the immediately | 9 | | succeeding calendar year.
| 10 | | (g) In order to enable customers to take advantage of | 11 | | energy assistance
programs, customers who can demonstrate that | 12 | | their applications for a local,
state or federal energy | 13 | | assistance program have been approved may request
that the | 14 | | amount they will be entitled to receive as a regular energy | 15 | | assistance
payment be deducted and set aside from the amount | 16 | | past due on which they
make deferred payment arrangements. | 17 | | Payment on the set-aside amount shall
be credited when the | 18 | | energy assistance voucher or check is received, according
to | 19 | | the utility's common business practice.
| 20 | | (h) In no event shall any utility send a final notice to | 21 | | any customer
who has entered into a current deferred payment | 22 | | agreement and has not defaulted
on that deferred payment | 23 | | agreement, unless the final notice pertains to
a deposit | 24 | | request.
| 25 | | (i) Each utility shall include with each disconnection | 26 | | notice sent during
the period for December 1 through and |
| | | HB3419 | - 6 - | LRB097 05523 ASK 45584 b |
|
| 1 | | including March 31 of the immediately
succeeding calendar year | 2 | | to a residential customer an insert explaining the
above | 3 | | provisions and providing a telephone number of the utility | 4 | | company
which the consumer may call to receive further | 5 | | information.
| 6 | | (j) Each utility shall file with the Commission prior to | 7 | | December 1 of
each year a plan detailing the implementation of | 8 | | this Section. This plan
shall contain, but not be limited to:
| 9 | | (1) a description of the methods to be used to notify | 10 | | residential customers
as required in this Section, | 11 | | including the forms of written and oral notices
which shall | 12 | | be required to include all the information contained in | 13 | | subsection
(b) of this Section.
| 14 | | (2) a listing of the names, addresses and telephone | 15 | | numbers of governmental
and private agencies which may | 16 | | provide assistance to residential customers
in paying | 17 | | their utility bills.
| 18 | | (3) the program of employee education and information | 19 | | which shall be used
by the company in the implementation of | 20 | | this Section.
| 21 | | (4) a description of methods to be utilized to inform | 22 | | residential customers
of those governmental and private | 23 | | agencies and current and planned methods
of cooperation | 24 | | with those agencies to identify the customers who qualify
| 25 | | for assistance in paying their utility bills.
| 26 | | A utility which has a plan on file with the Commission need |
| | | HB3419 | - 7 - | LRB097 05523 ASK 45584 b |
|
| 1 | | not resubmit
a new plan each year. However, any alteration of | 2 | | the plan on file must
be submitted and approved prior to | 3 | | 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 | | (k) Notwithstanding any other provision of this Act, no
| 8 | | electric or gas public utility shall disconnect service to any | 9 | | residential
customer who is a participant under Section 6 of | 10 | | the Energy
Assistance Act for nonpayment of a bill or
deposit | 11 | | where gas or electricity is used as the primary source of space
| 12 | | heating or is used to control or operate the primary source of | 13 | | space heating
equipment at the premises during the period of | 14 | | time from December 1 through
and including March 31 of the | 15 | | immediately succeeding calendar year.
| 16 | | (l) Notwithstanding any other provision of this Act, no | 17 | | electric or gas public utility shall disconnect service to a | 18 | | residential customer or consider a residential customer in | 19 | | violation of his or her deferred payment arrangement if the | 20 | | residential customer has made the required payment by or on the | 21 | | due date, but his or her payment was not recorded as made on | 22 | | time as a result of a policy or a technical error on the part of | 23 | | the electric or gas public utility. For purposes of this | 24 | | subsection (l), "payment by or on the due date" includes | 25 | | payment at any time on the day on which the required payment is | 26 | | owed. |
| | | HB3419 | - 8 - | LRB097 05523 ASK 45584 b |
|
| 1 | | (Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08.)
| 2 | | (220 ILCS 5/8-207) (from Ch. 111 2/3, par. 8-207)
| 3 | | Sec. 8-207.
Any former residential customer whose gas or | 4 | | electric
service was used to provide or control the primary | 5 | | source of space heating
in the dwelling and whose service is | 6 | | disconnected for nonpayment of a bill or
a deposit from | 7 | | December 1 of the prior winter's heating season through April
1 | 8 | | of the current heating season shall be eligible for | 9 | | reconnection and a
deferred payment arrangement under the | 10 | | provisions of this Section, subject
to the following | 11 | | limitations:
| 12 | | A utility shall not be required to reconnect service to, | 13 | | and enter
into a deferred payment arrangement with, a former | 14 | | customer under the
provisions of this Section (1) except | 15 | | between November 1 and April 1 of the
current heating season | 16 | | for former customers who do not have applications
pending for | 17 | | the program described in Section 6 of the Energy Assistance | 18 | | Act, and except between October 1 and April 1 of the current | 19 | | heating
season for all former customers who do have | 20 | | applications pending for the
program described in Section 6 of | 21 | | the Energy Assistance Act and who
provide proof of application | 22 | | to the utility, (2) in 2 consecutive years,
(3) unless that | 23 | | former customer has paid at least 33 1/3% of the amount
billed | 24 | | for utility service rendered by that utility subsequent to | 25 | | December
1 of the prior year, or (4) in any instance where the |
| | | HB3419 | - 9 - | LRB097 05523 ASK 45584 b |
|
| 1 | | utility can show
there has been tampering with the utility's | 2 | | wires, pipes, meters (including
locking devices), or other | 3 | | service equipment and further shows that the
former customer | 4 | | enjoyed the benefit of utility service obtained in the
| 5 | | aforesaid manner.
| 6 | | The terms and conditions of any deferred payment | 7 | | arrangements established
by the utility and a former customer | 8 | | shall take into consideration the
following factors, based upon | 9 | | information available from current utility
records or provided | 10 | | by the former customer:
| 11 | | (1) the amount past due;
| 12 | | (2) the former customer's ability to pay;
| 13 | | (3) the former customer's payment history;
| 14 | | (4) the reasons for the accumulation of the past due | 15 | | amounts; and
| 16 | | (5) any other relevant factors relating to the former | 17 | | customer's
circumstances.
| 18 | | After the former customer's eligibility has been | 19 | | established in accordance
with the first paragraph of this | 20 | | Section and, upon the establishment of
a deferred payment | 21 | | agreement, the former customer shall pay 1/3 of the amount
past | 22 | | due (including reconnecting charge, if any) and 1/3 of any | 23 | | deposit
required by the utility.
| 24 | | Upon the payment of 1/3 of the amount past due and 1/3 of | 25 | | any deposit
required by the utility, the former customer's | 26 | | service shall be reconnected
as soon as possible. The company |
| | | HB3419 | - 10 - | LRB097 05523 ASK 45584 b |
|
| 1 | | and the former customer shall agree to a
payment schedule for | 2 | | the remaining balances which will reasonably allow the
former | 3 | | customer to make the payments on the remainder of the deposit | 4 | | and
the past due balance while paying current bills during the | 5 | | winter heating
season. However, the utility is not obliged to | 6 | | make payment arrangements
extending beyond the following | 7 | | November. The utility shall allow the
former customer a minimum | 8 | | of 4 months in which to retire the past due
balance and 3 | 9 | | months in which to pay the remainder of the deposit. The
former | 10 | | customer shall also be informed that payment on the amounts | 11 | | past due
and the deposit, if any, plus the current bills must | 12 | | be paid by the due
date or the customer may face termination of | 13 | | service pursuant to this
Section and Section 8-206.
| 14 | | The Commission shall develop rules to govern the | 15 | | reconnection of a former
customer who demonstrates a financial | 16 | | inability to meet the requirement of
1/3 of the amount past due | 17 | | and 1/3 of any deposit requested by the utility.
The | 18 | | Commission's rules shall establish a means by which the former
| 19 | | customer's utility service may be reconnected through the | 20 | | payment of a
reasonable amount and upon entering into a | 21 | | deferred payment agreement.
| 22 | | Any payment agreement made shall be in writing, with a copy | 23 | | provided to
the former customer. The renegotiation and | 24 | | reinstatement of a customer
and the establishment of a budget | 25 | | payment plan shall be pursuant to rules
established by the | 26 | | Commission.
|
| | | HB3419 | - 11 - | LRB097 05523 ASK 45584 b |
|
| 1 | | Notwithstanding any other provision of this Act, no | 2 | | electric or gas public utility shall disconnect service to a | 3 | | residential customer or consider a residential customer in | 4 | | violation of his or her deferred payment arrangement if the | 5 | | residential customer has made the required payment by or on the | 6 | | due date, but his or her payment was not recorded as made on | 7 | | time as a result of a policy or a technical error on the part of | 8 | | the electric or gas public utility. For purposes of this | 9 | | Section, "payment by or on the due date" includes payment at | 10 | | any time on the day on which the required payment is owed. | 11 | | Not later than September 15 of each year, every gas and | 12 | | electric utility
shall conduct a survey of all former | 13 | | residential customers whose gas or
electric service was used to | 14 | | provide or control the primary source of space
heating in the | 15 | | dwelling and whose gas or electric service was terminated for
| 16 | | nonpayment of a bill or deposit from December 1 of the previous | 17 | | year to
September 15 of that year and where service at that | 18 | | premises has not been
restored. Not later than October 1 of | 19 | | each year the utility shall notify
each of these former | 20 | | customers that the gas or electric service will be
restored by | 21 | | the company for the coming heating season if the former
| 22 | | customer contacts the utility and makes arrangements with the | 23 | | utility
for reconnection of service under the conditions set | 24 | | forth in
this Section. A utility shall notify the former | 25 | | customer or an adult
member of the household by personal visit, | 26 | | telephone contact or mailing of
a letter by first class mail to |
| | | HB3419 | - 12 - | LRB097 05523 ASK 45584 b |
|
| 1 | | the last known address of that former
customer. The utility | 2 | | shall keep records which would indicate the date,
form and the | 3 | | results of such contact.
| 4 | | Each gas and electric utility which has former customers | 5 | | affected by this
Section shall file reports with the Commission | 6 | | providing such information
as the Commission may deem | 7 | | appropriate. The Commission shall notify each
gas and electric | 8 | | utility prior to August 1 of each year concerning the
| 9 | | information which is to be included in the report for that | 10 | | year.
| 11 | | In no event shall any actions taken by a utility in | 12 | | compliance with this
Section be deemed to abrogate or in any | 13 | | way interfere with the utility's
rights to pursue the normal | 14 | | collection processes otherwise available to it.
| 15 | | The Commission shall promulgate rules to implement this | 16 | | Section.
| 17 | | (Source: P.A. 92-690, eff. 7-18-02.)
|
|