Crime & Law
From Utility Shutoff Moratoriums to Air Conditioning Rules, Chicago and Illinois Lawmakers Preparing for Increasingly Hot Temperatures
(Michael Izquierdo / WTTW News)
Late utility payments won’t result in a suspension of services this week, at least as long as a heat wave continues to grip the region.
That’s because a new state law forbids it.
Whenever the National Weather Service forecasts temperatures hitting 90 degrees, gas and utility residential shutoffs due to nonpayment are prohibited in Illinois.
It’s an example of a legal protection that environmental and consumer advocates predict more of in the near future, as climate change continues to wreak havoc. Illinois and Chicago are already taking steps in that direction, but advocates say more needs to be done to protext residents from future exteme weather events.
“When you think about what the Midwest is experiencing this week, and in recent years, certainly more is on the way, and unfortunately worse heat is on the way,” said Natural Resource Defense Counsel senior scientist Vijay Limaye. “We’re going to face heat problems that we haven’t faced before.”
Previously, Illinois’ disconnection prohibition was triggered for forecasts of 95 and above.
“The extreme heat spreading across Illinois is dangerous and potentially deadly, especially for vulnerable citizens,” said Attorney General Kwame Raoul, who initiated the change, in a statement. “This commonsense change will help protect the health and safety of Illinoisans dealing with dangerous heat conditions that are becoming more common across our state.”
The law (Public Act 103-0019/House Bill 1541) technically took effect in January – when the average temperature in Chicago was 26 degrees, according to the National Weather Service – so this is the first time the law is taking effect in practical fashion.
It also prohibits shutoffs preceding a holiday or weekend when the NWS issues an excessive heat watch, heat advisory or excessive heat warning for the utility’s coverage area.
“This bill was really aimed at protecting folks, particularly on days when the heat could mean death,” said sponsoring state Rep. Eva-Dina Delgado, D-Chicago. “During this heat wave, on a day like today, I’m really glad that we thought about this early enough to be able to make a difference some people’s lives.”
She noted that Illinois has long had a similar policy in place to help protect people from freezing, prompting the question: “Why aren’t we doing this for summertime when it’s really, really hot?”
Illinois’ winter moratorium on gas and electric disconnections that serve as a prime source of heat is in place from December through the end of March, as well as if the temperature’s forecast to dip to 32 degrees.
Additionally, any housing financed under the Illinois Affordable Housing Program must have a cooling and dehumidification system, under another 2023 law (Public Act 103-0248) that also requires new housing constructed through the program to be built with permanent air conditioning.
Too Hot for No Power
Tom Dominguez, a ComEd spokesman, confirms the utility is not disconnecting power at this time.
The company can’t because of the law, but Dominguez said ComEd had contemplated a voluntary hold on suspensions upon forecasts of climbing temperatures.
Dominguez didn’t have a figure for how many households would be at risk of losing power otherwise, but he said anyone having issues paying their power bills should immediately call.
He said there are options to help people, be it grant programs or payment plans.
“If they get on any of these programs, it (termination of service) stops. Call (ComEd customer service) as soon as possible and we can connect you, and get you in the system,” Dominguez said. “If you find yourself behind in your bills or you suspect you might be, give us a call.”
Termination notices are sent 10 days before any action to cancel power, he said.
Chicago Protections
Some elderly Chicago residents and those who live in large buildings have protected places to chill out, per a Chicago ordinance.
As of May, all Chicago high-rises, condo and apartment buildings with 100 or more units and senior housing complexes must have air conditioning installed in a common gathering area that’s available to residents when the heat index exceeds 80 degrees.
That way, residents who don’t have in-unit air conditioning have a place for respite. (The requirement doesn’t apply if every residential unit has its own air conditioner.)
The city’s Cooling Ordinance passed in 2022 had allowed portable air conditioners from that June through this past April, but since May buildings must have permanent units installed.
The protections don’t apply to the multitude of residents who live in smaller complexes.
Illinois Environmental Council Director Jennifer Walling said she’d lobbied for Chicago’s protections to be enacted statewide, but there wasn’t enough support.
Lowering temperature for when the disconnection-ban kicks in was a sort of compromise, she said.
“We’re starting here, but ultimately I think we’re going to need protections that require cooling more and more,” Walling said. “There are more and more days of extreme heat. Chicago’s climate is changing. We’re going to see more and more of that as the climate crisis affects us all.”
A heavier reliance on air conditioning — which by its nature will mean tapping into the electric grid more — is at odds with environmentalists’ aspirations to decrease reliance on the grid as part of reducing emissions that contribute to climate change.
Walling encourages consumers, landlords and developers to be proactive about energy efficiency options.
“A drafty building with an air conditioner is not super effective,” she said, noting that nonprofits can help consumers to make changes that improve energy efficiency.
Taking Action Against Heat
This week’s string of very hot June days may be the new reality, and the legal protections Chicago and Illinois are taking may be the beginning of government actions to deal with those rising temperatures.
Given the lack of wildfires and hurricanes the coasts are increasingly experiencing, the Natural Resources Defense Council’s Limaye said the Midwest is often seen as a climate change haven.
“We have gotten lulled into an expectation that if heat comes, it’ll only be with us for a little while,” he said.
That’s the wrong assumption to make, he said.
“We are very much in harm’s way, it just looked a little different for us,” Limaye said.
He said Chicago or the state may be well-served to follow the lead of cities like Miami and Phoenix, which have appointed extreme heat officers who are responsible for organizing the cities’ responses to extreme heat, be it managing and protecting schools, the power sector or workers.
In Chicago, that may involve coordination with the airports.
“Even flights at O’Hare are going to be affected, because warmer air is less dense and those planes can’t take off,” Limaye said.
Rising temperatures have a pronounced impact on cities, which, with their dense pavement and metals and lack of greenspaces, turn into urban heat islands, he said, making it important for cities to act.
“We are making strides as a nation adapting to this hotter world that we’re all living in,” Limaye said, but there’s no blanket policy. “We know some places are taking heat more seriously.”
He said a draft rule proposed by the U.S. Occupational Safety and Health Administration intended to protect workers from extreme heat risks by requiring employers give access to shade and water breaks is sure to face pushback.
In Illinois, the Citizen’s Utility Board, which worked to pass the state’s updated hot weather utility shutoff moratorium, has a wish list of improvements that spokesman Jim Chilsen described as common sense, including additional funding for the Low Income Home Energy Assistance Program, a federal program that helps low-income residents pay their bills.
He said program is largely focused on providing assistance to help consumers heat their homes, but “we also need assistance for cooling.”
The board is also calling for hot-weather policies that make it easier for customers to get utilities reconnected after a shut-off.
“We have rules in place that make it easier for people to reconnect their heat during the winter,” Chilsen said. “We also need policies that specifically make it easier for people to get reconnected in the summer.”
Contact Amanda Vinicky: @AmandaVinicky | [email protected]
