Illinois Statutes Chapter 220. Utilities § 5/8-201.7. Prohibition on deposits for low-income residential customers or applicants

(a) On and after the effective date of this amendatory Act of the 102nd General Assembly, no electric or gas utility shall, as a condition for standard service, require a low-income residential customer or applicant to provide a deposit as security against potential non-payment for service except when the utility has proof that the customer engaged in tampering of the electric or gas utility equipment during the previous 5 years. Within 60 days after the effective date of this amendatory Act of the 102nd General Assembly, such utility shall refund all deposits collected from low-income customers as security against potential nonpayment for standard service to such residential customers except when the utility has proof that the customer benefited from tampering. Proof that the customer for whom the deposit is being required engaged in tampering shall be the burden of the utility and the utility shall provide the customer the opportunity to contest the finding that the customer engaged in tampering.

(b) As used in this Section:

“Low-income residential customer or applicant” means: (i) a member of a household at or below 80% of the latest median household income as reported by the United States Census Bureau for the most applicable community or county; (ii) a member of a household at or below 150% of the federal poverty level; (iii) a person who is eligible for the Illinois Low Income Home Energy Assistance Program (LIHEAP) as defined in the Energy Assistance Act; (iv) a person who is eligible to participate in the Percentage of Income Payment Plan (PIPP or PIP Plan) as defined in the Energy Assistance Act; or (v) a person who is eligible to receive Lifeline service as defined in the Universal Service Telephone Service Protection Law of 1985.

“Tampering” means any unauthorized alteration of electric or gas utility equipment or facilities by which a benefit is achieved for which the utility is not compensated, including customer self-restoration of utility service.