Rep. André M. Thapedi

Filed: 3/1/2012

 

 


 

 


 
09700HB4559ham001LRB097 19667 CEL 66737 a

1
AMENDMENT TO HOUSE BILL 4559

2    AMENDMENT NO. ______. Amend House Bill 4559 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Public Utilities Act is amended by changing
5Section 8-306 as follows:
 
6    (220 ILCS 5/8-306)
7    Sec. 8-306. Special provisions relating to water and sewer
8utilities.
9    (a) No later than 120 days after the effective date of this
10amendatory Act of the 94th General Assembly, the Commission
11shall prepare, make available to customers upon request, and
12post on its Internet web site information concerning the
13service obligations of water and sewer utilities and remedies
14that a customer may pursue for a violation of the customer's
15rights. The information shall specifically address the rights
16of a customer of a water or sewer utility in the following

 

 

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1situations:
2        (1) The customer's water meter is replaced.
3        (2) The customer's bill increases by more than 50%
4    within one billing period.
5        (3) The customer's water service is terminated.
6        (4) The customer wishes to complain after receiving a
7    termination of service notice.
8        (5) The customer is unable to make payment on a billing
9    statement.
10        (6) A rate is filed, including without limitation a
11    surcharge or annual reconciliation filing, that will
12    increase the amount billed to the customer.
13        (7) The customer is billed for services provided prior
14    to the date covered by the billing statement.
15        (8) The customer is due to receive a credit.
16    Each billing statement issued by a water or sewer utility
17shall include an Internet web site address where the customer
18can view the information required under this subsection (a) and
19a telephone number that the customer may call to request a copy
20of the information.
21    (b) A water or sewer utility may discontinue service only
22after it has mailed or delivered by other means a written
23notice of discontinuance substantially in the form of Appendix
24A of 83 Ill. Adm. Code 280. The notice must include the
25Internet web site address where the customer can view the
26information required under subsection (a) and a telephone

 

 

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1number that the customer may call to request a copy of the
2information. Any notice required to be delivered or mailed to a
3customer prior to discontinuance of service shall be delivered
4or mailed separately from any bill. Service shall not be
5discontinued until at least 5 days after delivery or 8 days
6after the mailing of this notice. Service shall not be
7discontinued and shall be restored if discontinued for the
8reason which is the subject of a dispute or complaint during
9the pendency of informal or formal complaint procedures of the
10Illinois Commerce Commission under 83 Ill. Adm. Code 280.160 or
11280.170, where the customer has complied with those rules.
12Service shall not be discontinued and shall be restored if
13discontinued where a customer has established a deferred
14payment agreement pursuant to 83 Ill. Adm. Code 280.110 and has
15not defaulted on such agreement. Residential customers who are
16indebted to a utility for past due utility service shall have
17the opportunity to make arrangements with the utility to retire
18the debt by periodic payments, referred to as a deferred
19payment agreement, unless this customer has failed to make
20payment under such a plan during the past 12 months. The terms
21and conditions of a reasonable deferred payment agreement shall
22be determined by the utility after consideration of the
23following factors, based upon information available from
24current utility records or provided by the customer or
25applicant:
26        (1) size of the past due account;

 

 

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1        (2) customer or applicant's ability to pay;
2        (3) customer or applicant's payment history;
3        (4) reason for the outstanding indebtedness; and
4        (5) any other relevant factors relating to the
5    circumstances of the customer or applicant's service.
6A residential customer shall pay a maximum of one-fourth of the
7amount past due and owing at the time of entering into the
8deferred payment agreement, and the water or sewer utility
9shall allow a minimum of 2 months from the date of the
10agreement and a maximum of 12 months for payment to be made
11under a deferred payment agreement. Late payment charges may be
12assessed against the amount owing that is the subject of a
13deferred payment agreement.
14    (c) A water or sewer utility shall provide notice as
15required by subsection (a) of Section 9-201 after the filing of
16each information sheet under a purchased water surcharge,
17purchased sewage treatment surcharge, or qualifying
18infrastructure plant surcharge. The utility also shall post
19notice of the filing in accordance with the requirements of 83
20Ill. Adm. Code 255. Unless filed as part of a general rate
21increase, notice of the filing of a purchased water surcharge
22rider, purchased sewage treatment surcharge rider, or
23qualifying infrastructure plant surcharge rider also shall be
24given in the manner required by this subsection (c) for the
25filing of information sheets.
26    (d) Commission rules pertaining to formal and informal

 

 

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1complaints against public utilities shall apply with full and
2equal force to water and sewer utilities and their customers,
3including provisions of 83 Ill. Adm. Code 280.170, and the
4Commission shall respond to each complaint by providing the
5consumer with a copy of the utility's response to the complaint
6and a copy of the Commission's review of the complaint and its
7findings. The Commission shall also provide the consumer with
8all available options for recourse.
9    (e) Any refund shown on the billing statement of a customer
10of a water or sewer utility must be itemized and must state if
11the refund is an adjustment or credit.
12    (f) Water service for building construction purposes. At
13the request of any municipality or township within the service
14area of a public utility that provides water service to
15customers within the municipality or township, a public utility
16must (1) require all water service used for building
17construction purposes to be measured by meter and subject to
18approved rates and charges for metered water service and (2)
19prohibit the unauthorized use of water taken from hydrants or
20service lines installed at construction sites.
21    (g) Water meters.
22        (1) Periodic testing. Unless otherwise approved by the
23    Commission, each service water meter shall be periodically
24    inspected and tested in accordance with the schedule
25    specified in 83 Ill. Adm. Code 600.340, or more frequently
26    as the results may warrant, to insure that the meter

 

 

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1    accuracy is maintained within the limits set out in 83 Ill.
2    Adm. Code 600.310.
3        (2) Meter tests requested by customer.
4            (A) Each utility furnishing metered water service
5        shall, without charge, test the accuracy of any meter
6        upon request by the customer served by such meter,
7        provided that the meter in question has not been tested
8        by the utility or by the Commission within 2 years
9        previous to such request. The customer or his or her
10        representatives shall have the privilege of witnessing
11        the test at the option of the customer. A written
12        report, giving the results of the test, shall be made
13        to the customer.
14            (B) When a meter that has been in service less than
15        2 years since its last test is found to be accurate
16        within the limits specified in 83 Ill. Adm. Code
17        600.310, the customer shall pay a fee to the utility
18        not to exceed the amounts specified in 83 Ill. Adm.
19        Code 600.350(b). Fees for testing meters not included
20        in this Section or so located that the cost will be out
21        of proportion to the fee specified will be determined
22        by the Commission upon receipt of a complete
23        description of the case.
24        (3) Commission referee tests. Upon written application
25    to the Commission by any customer, a test will be made of
26    the customer's meter by a representative of the Commission.

 

 

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1    For such a test, a fee as provided for in subsection (g)(2)
2    shall accompany the application. If the meter is found to
3    be registering more than 1.5% fast on the average when
4    tested as prescribed in 83 Ill. Adm. Code 600.310, the
5    utility shall refund to the customer the amount of the fee.
6    The utility shall in no way disturb the meter after a
7    customer has made an application for a referee test until
8    authority to do so is given by the Commission or the
9    customer in writing.
10    (h) Water and sewer utilities; low usage. Each public
11utility that provides water and sewer service must establish a
12unit sewer rate, subject to review by the Commission, that
13applies only to those customers who use less than 1,000 gallons
14of water in any billing period.
15    (i) Water and sewer utilities; separate meters. Each public
16utility that provides water and sewer service must offer
17separate rates for water and sewer service to any commercial or
18residential customer who uses separate meters to measure each
19of those services. In order for the separate rate to apply, a
20combination of meters must be used to measure the amount of
21water that reaches the sewer system and the amount of water
22that does not reach the sewer system.
23    (j) Each water or sewer public utility must disclose on
24each billing statement any amount billed that is for service
25provided prior to the date covered by the billing statement.
26The disclosure must include the dates for which the prior

 

 

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1service is being billed. Each billing statement that includes
2an amount billed for service provided prior to the date covered
3by the billing statement must disclose the dates for which that
4amount is billed and must include a copy of the document
5created under subsection (a) and a statement of current
6Commission rules concerning unbilled or misbilled service.
7    (k) When the customer is due a refund resulting from
8payment of an overcharge, the utility shall credit the customer
9in the amount of overpayment with interest from the date of
10overpayment by the customer. The rate for interest shall be at
11the appropriate rate determined by the Commission under 83 Ill.
12Adm. Code 280.70.
13    (l) Water and sewer public utilities; subcontractors. The
14Commission shall adopt rules for water and sewer public
15utilities to provide notice to the customers of the proper kind
16of identification that a subcontractor must present to the
17customer, to prohibit a subcontractor from soliciting or
18receiving payment of any kind for any service provided by the
19water or sewer public utility or the subcontractor, and to
20establish sanctions for violations.
21    (m) Water and sewer public utilities; unaccounted-for
22water. By December 31, 2006, each water public utility shall
23file tariffs with the Commission to establish the maximum
24percentage of unaccounted-for water that would be considered in
25the determination of any rates or surcharges. The rates or
26surcharges approved for a water public utility shall not

 

 

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1include charges for unaccounted-for water in excess of this
2maximum percentage without well-documented support and
3justification for the Commission to consider in any request to
4recover charges in excess of the tariffed maximum percentage.
5    (n) Rate increases; public forums. When any public utility
6providing water or sewer service proposes a general rate
7increase, in addition to other notice requirements, the water
8or sewer public utility must notify its customers of their
9right to request a public forum. A customer or group of
10customers must make written request to the Commission for a
11public forum and must also provide written notification of the
12request to the customer's municipal or, for unincorporated
13areas, township government. The Commission, at its discretion,
14may schedule the public forum. If it is determined that public
15forums are required for multiple municipalities or townships,
16the Commission shall schedule these public forums, in locations
17within approximately 45 minutes drive time of the
18municipalities or townships for which the public forums have
19been scheduled. The public utility must provide advance notice
20of 30 days for each public forum to the governing bodies of
21those units of local government affected by the increase. The
22day of each public forum shall be selected so as to encourage
23the greatest public participation. Each public forum will begin
24at 7:00 p.m. Reports and comments made during or as a result of
25each public forum must be made available to the hearing
26officials and reviewed when drafting a recommended or tentative

 

 

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1decision, finding or order pursuant to Section 10-111 of this
2Act. The provisions of this subsection shall not apply to a
3water or sewer public utility with $300,000 or less of annual
4operating revenues that requests a rate increase using the
5Commission's Simplified Rate Case Procedures, provided that
6customers of the public utilities are notified (i) of any
7requested rate increase, (ii) of their right to provide
8comments to the Commission about utility service and the
9requested rate increase, and (iii) of their right to request a
10public meeting at which the requested rate increase shall be
11discussed.
12(Source: P.A. 94-950, eff. 6-27-06.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".