Public Act 097-0077
 
HB1260 EnrolledLRB097 06188 ASK 46262 b


  
    AN ACT concerning veterans.
  
 
    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 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.

    (l) Notwithstanding any other provision of this Act, no

electric or gas public  utility shall disconnect service to any 
residential customer who has notified the utility that he or 
she is a service member or veteran 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. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08.)



Effective Date:  1/1/2012