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92_SB2433 LRB9218263JSpr 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 deferred18payment arrangement allowing for payment of past due amounts19over a period of not less than 4 months not to extend beyond20the following November and the option to enter into a21levelized payment plan for the payment of future bills. The22maximum down payment requirements shall not exceed 10% of the23amount past due and owing at the time of entering into the24agreement; and (ii) has provided the customer with the names,25addresses and telephone numbers of governmental and private26agencies which may provide assistance to customers of public27utilities in paying their utility bills; the utility shall28obtain the approval of an agency before placing the name of29that agency on any list which will be used to provide such30information to customers;31(2) The customer has refused or failed to enter into a-2- LRB9218263JSpr 1deferred payment arrangement as described in paragraph (1) of2this subsection (a); and3(3) All notice requirements as provided by law and rules4or regulations of the Commission have been met.5(b) Prior to termination of service for any residential6customer or mastermetered apartment building during the7period from December 1 through and including March 31 of the8immediately succeeding calendar year, all electric and gas9public utilities shall, in addition to all other notices:10(1) Notify the customer or an adult residing at the11customer's premises by telephone, a personal visit to the12customer's premises or by first class mail, informing the13customer that:14(i) the customer's account is in arrears and the15customer's service is subject to termination for nonpayment16of a bill;17(ii) the customer can avoid disconnection of service by18entering into a deferred payment agreement to pay past due19amounts over a period not to extend beyond the following20November and the customer has the option to enter into a21levelized payment plan for the payment of future bills;22(iii) the customer may apply for any available23assistance to aid in the payment of utility bills from any24governmental or private agencies from the list of such25agencies provided to the customer by the utility.26Provided, however, that a public utility shall be27required to make only one such contact with the customer28during any such period from December 1 through and including29March 31 of the immediately succeeding calendar year.30(2) Each public utility shall maintain records which31shall include, but not necessarily be limited to, the manner32by which the customer was notified and the time, date and33manner by which any prior but unsuccessful attempts to34contact were made. These records shall also describe the-3- LRB9218263JSpr 1terms of the deferred payment arrangements offered to the2customer and those entered into by the utility and customers.3These records shall indicate the total amount past due, the4down payment, the amount remaining to be paid and the number5of months allowed to pay the outstanding balance. No public6utility shall be required to retain records pertaining to7unsuccessful attempts to contact or deferred payment8arrangements rejected by the customer after such customer has9entered into a deferred payment arrangement with such10utility.11(c) No public utility shall disconnect service for12nonpayment of a bill until the lapse of 6 business days after13making the notification required by paragraph (1) of14subsection (b) so as to allow the customer an opportunity to:15(1) Enter into a deferred payment arrangement and the16option to enter into a levelized payment plan for the payment17of future bills.18(2) Contact a governmental or private agency that may19provide assistance to customers for the payment of public20utility bills.21(d) Any residential customer who enters into a deferred22payment arrangement pursuant to this Act, and subsequently23during that period of time set forth in subsection (a)24becomes subject to termination, shall be given notice as25required by law and any rule or regulation of the Commission26prior to termination of service.27(e) During that time period set forth in subsection (a),28a utility shall not require a down payment for a deposit from29a residential customer in excess of 20% of the total deposit30requested. An additional 4 months shall be allowed to pay31the remainder of the deposit. This provision shall not apply32to mastermetered apartment buildings or other nonresidential33customers.34(f) During that period of time set forth in subsection-4- LRB9218263JSpr 1(a), no utility may refuse to offer a deferred payment2agreement to a residential customer who has defaulted on such3an agreement within the past 12 months. However, no utility4shall be required to enter into more than one deferred5payment arrangement under this Section with any residential6customer or mastermetered apartment building during the7period from December 1 through and including March 31 of the8immediately succeeding calendar year.9(g) In order to enable customers to take advantage of10energy assistance programs, customers who can demonstrate11that their applications for a local, state or federal energy12assistance program have been approved may request that the13amount they will be entitled to receive as a regular energy14assistance payment be deducted and set aside from the amount15past due on which they make deferred payment arrangements.16Payment on the set-aside amount shall be credited when the17energy assistance voucher or check is received, according to18the utility's common business practice.19(h) In no event shall any utility send a final notice to20any customer who has entered into a current deferred payment21agreement and has not defaulted on that deferred payment22agreement, unless the final notice pertains to a deposit23request.24(i) Each utility shall include with each disconnection25notice sent during the period for December 1 through and26including March 31 of the immediately succeeding calendar27year to a residential customer an insert explaining the above28provisions and providing a telephone number of the utility29company which the consumer may call to receive further30information.31(j) Each utility shall file with the Commission prior to32December 1 of each year a plan detailing the implementation33of this Section. This plan shall contain, but not be limited34to:-5- LRB9218263JSpr 1(1) a description of the methods to be used to notify2residential customers as required in this Section, including3the forms of written and oral notices which shall be required4to include all the information contained in subsection (b) of5this Section.6(2) a listing of the names, addresses and telephone7numbers of governmental and private agencies which may8provide assistance to residential customers in paying their9utility bills;10(3) the program of employee education and information11which shall be used by the company in the implementation of12this Section.13(4) a description of methods to be utilized to inform14residential customers of those governmental and private15agencies and current and planned methods of cooperation with16those agencies to identify the customers who qualify for17assistance in paying their utility bills.18A utility which has a plan on file with the Commission19need not resubmit a new plan each year. However, any20alteration of the plan on file must be submitted and approved21prior to December 1 of any year.22All plans are subject to review and approval by the23Commission. The Commission may direct a utility to alter its24plan 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.