Full Text of HB2831 97th General Assembly
HB2831ham001 97TH GENERAL ASSEMBLY | Rep. Renée Kosel Filed: 4/4/2011
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| 1 | | AMENDMENT TO HOUSE BILL 2831
| 2 | | AMENDMENT NO. ______. Amend House Bill 2831 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Utilities Act is amended by changing | 5 | | Sections 2-107, 8-306, and 9-223 as follows:
| 6 | | (220 ILCS 5/2-107) (from Ch. 111 2/3, par. 2-107)
| 7 | | Sec. 2-107. The office of the Commission shall be in | 8 | | Springfield, but
the Commission may, with the approval of the | 9 | | Governor, establish and
maintain branch offices at places other | 10 | | than the seat of government.
Such office shall be open for | 11 | | business between the hours of 8:30 a.m.
and 5:00 p.m. | 12 | | throughout the year, and one or more responsible persons
to be | 13 | | designated by the executive director shall be on duty
at all | 14 | | times in immediate charge thereof.
| 15 | | The Commission shall hold stated meetings at least once a | 16 | | month and
may hold such special meetings as it may deem |
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| 1 | | necessary at any place
within the State. At each regular and | 2 | | special meeting that is open to the public, members of the | 3 | | public shall be afforded time, subject to reasonable | 4 | | constraints, to make comments to or to ask questions of the | 5 | | Commission. | 6 | | The Commission shall provide a website web site and a | 7 | | toll-free telephone number to accept comments from Illinois | 8 | | residents regarding any matter under the auspices of the | 9 | | Commission or before the Commission. The comments received | 10 | | through the toll-free telephone number shall be transcribed and | 11 | | placed on the Commission's electronic docketing system for | 12 | | review by all parties, and the Commission shall notify all of | 13 | | the parties of the transcript's availability. Both the | 14 | | transcript of the telephone comments and all comments received | 15 | | directly on the website shall become part of the record for | 16 | | decision. The comments and suggestions received through both | 17 | | venues shall be reported by the Commission staff shall report, | 18 | | in a manner established by the Commission that is consistent | 19 | | with the Commission's rules regarding ex parte communications, | 20 | | to the full Commission and reviewed by the full Commission | 21 | | comments and suggestions received through both venues before | 22 | | all relevant votes of the Commission.
| 23 | | The Commission may, for the authentication of its records, | 24 | | process
and proceedings, adopt, keep and use a common seal, of | 25 | | which seal
judicial notice shall be taken in all courts of this | 26 | | State; and any
process, notice, order or other paper which the |
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| 1 | | Commission may be
authorized by law to issue shall be deemed | 2 | | sufficient if signed and
certified by the Chairman of the | 3 | | Commission or his or her designee, either
by hand or by | 4 | | facsimile, and with such
seal attached; and all acts, orders, | 5 | | proceedings, rules, entries,
minutes, schedules and records of | 6 | | the Commission, and all reports and
documents filed with the | 7 | | Commission, may be proved in any court of this
State by a copy | 8 | | thereof, certified to by the Chairman of the
Commission, with | 9 | | the seal of the Commission attached. | 10 | | Notwithstanding any other provision of this Section, the | 11 | | Commission's established procedures for accepting testimony | 12 | | from Illinois residents on matters pending before the | 13 | | Commission shall be consistent with the Commission's rules | 14 | | regarding ex parte communications and due process.
| 15 | | (Source: P.A. 95-127, eff. 8-13-07.)
| 16 | | (220 ILCS 5/8-306)
| 17 | | Sec. 8-306. Special provisions relating to water and sewer | 18 | | utilities. | 19 | | (a) No later than 120 days after the effective date of this | 20 | | amendatory Act of the 94th General Assembly, the Commission | 21 | | shall prepare, make available to customers upon request, and | 22 | | post on its Internet website web site information concerning | 23 | | the service obligations of water and sewer utilities and | 24 | | remedies that a customer may pursue for a violation of the | 25 | | customer's rights. The information shall specifically address |
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| 1 | | the rights of a customer of a water or sewer utility in the | 2 | | following situations: | 3 | | (1) The customer's water meter is replaced. | 4 | | (2) The customer's bill increases by more than 50% | 5 | | within one billing period. | 6 | | (3) The customer's water service is terminated. | 7 | | (4) The customer wishes to complain after receiving a | 8 | | termination of service notice. | 9 | | (5) The customer is unable to make payment on a billing | 10 | | statement. | 11 | | (6) A rate is filed, including without limitation a | 12 | | surcharge or annual reconciliation filing, that will | 13 | | increase the amount billed to the customer. | 14 | | (7) The customer is billed for services provided prior | 15 | | to the date covered by the billing statement. | 16 | | (8) The customer is due to receive a credit. | 17 | | Each billing statement issued by a water or sewer utility | 18 | | shall include an Internet website web site address where the | 19 | | customer can view the information required under this | 20 | | subsection (a) and a telephone number that the customer may | 21 | | call to request a copy of the information.
| 22 | | (b) A water or sewer utility may discontinue service only | 23 | | after it has mailed or delivered by other means a written | 24 | | notice of discontinuance substantially in the form of Appendix | 25 | | A of 83 Ill. Adm. Code 280. The notice must include the | 26 | | Internet website web site address where the customer can view |
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| 1 | | the information required under subsection (a) and a telephone | 2 | | number that the customer may call to request a copy of the | 3 | | information. Any notice required to be delivered or mailed to a | 4 | | customer prior to discontinuance of service shall be delivered | 5 | | or mailed separately from any bill. Service shall not be | 6 | | discontinued until at least 5 days after delivery or 8 days | 7 | | after the mailing of this notice. Service shall not be | 8 | | discontinued and shall be restored if discontinued for the | 9 | | reason which is the subject of a dispute or complaint during | 10 | | the pendency of informal or formal complaint procedures of the | 11 | | Illinois Commerce Commission under 83 Ill. Adm. Code 280.160 or | 12 | | 280.170, where the customer has complied with those rules. | 13 | | Service shall not be discontinued and shall be restored if | 14 | | discontinued where a customer has established a deferred | 15 | | payment agreement pursuant to 83 Ill. Adm. Code 280.110 and has | 16 | | not defaulted on such agreement. Residential customers who are | 17 | | indebted to a utility for past due utility service shall have | 18 | | the opportunity to make arrangements with the utility to retire | 19 | | the debt by periodic payments, referred to as a deferred | 20 | | payment agreement, unless this customer has failed to make | 21 | | payment under such a plan during the past 12 months. The terms | 22 | | and conditions of a reasonable deferred payment agreement shall | 23 | | be determined by the utility after consideration of the | 24 | | following factors, based upon information available from | 25 | | current utility records or provided by the customer or | 26 | | applicant: |
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| 1 | | (1) size of the past due account; | 2 | | (2) customer or applicant's ability to pay; | 3 | | (3) customer or applicant's payment history; | 4 | | (4) reason for the outstanding indebtedness; and | 5 | | (5) any other relevant factors relating to the | 6 | | circumstances of the customer or applicant's service.
| 7 | | A residential customer shall pay a maximum of one-fourth of the | 8 | | amount past due and owing at the time of entering into the | 9 | | deferred payment agreement, and the water or sewer utility | 10 | | shall allow a minimum of 2 months from the date of the | 11 | | agreement and a maximum of 12 months for payment to be made | 12 | | under a deferred payment agreement. Late payment charges may be | 13 | | assessed against the amount owing that is the subject of a | 14 | | deferred payment agreement. | 15 | | (c) A water or sewer utility shall provide notice as | 16 | | required by subsection (a) of Section 9-201 after the filing of | 17 | | each information sheet under a purchased water surcharge, | 18 | | purchased sewage treatment surcharge, or qualifying | 19 | | infrastructure plant surcharge. The utility also shall post | 20 | | notice of the filing in accordance with the requirements of 83 | 21 | | Ill. Adm. Code 255. Unless filed as part of a general rate | 22 | | increase, notice of the filing of a purchased water surcharge | 23 | | rider, purchased sewage treatment surcharge rider, or | 24 | | qualifying infrastructure plant surcharge rider also shall be | 25 | | given in the manner required by this subsection (c) for the | 26 | | filing of information sheets. |
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| 1 | | (d) Commission rules pertaining to formal and informal | 2 | | complaints against public utilities shall apply with full and | 3 | | equal force to water and sewer utilities and their customers, | 4 | | including provisions of 83 Ill. Adm. Code 280.170, and the | 5 | | Commission shall respond to each complaint by providing the | 6 | | consumer with a copy of the utility's response to the complaint | 7 | | and a copy of the Commission's review of the complaint and its | 8 | | findings. The Commission shall also provide the consumer with | 9 | | all available options for recourse. | 10 | | (e) Any refund shown on the billing statement of a customer | 11 | | of a water or sewer utility must be itemized and must state if | 12 | | the refund is an adjustment or credit. | 13 | | (f) Water service for building construction purposes. At | 14 | | the request of any municipality or township within the service | 15 | | area of a public utility that provides water service to | 16 | | customers within the municipality or township, a public utility | 17 | | must (1) require all water service used for building | 18 | | construction purposes to be measured by meter and subject to | 19 | | approved rates and charges for metered water service and (2) | 20 | | prohibit the unauthorized use of water taken from hydrants or | 21 | | service lines installed at construction sites. | 22 | | (g) Water meters. | 23 | | (1) Periodic testing. Unless otherwise approved by the | 24 | | Commission, each service water meter shall be periodically | 25 | | inspected and tested in accordance with the schedule | 26 | | specified in 83 Ill. Adm. Code 600.340, or more frequently |
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| 1 | | as the results may warrant, to insure that the meter | 2 | | accuracy is maintained within the limits set out in 83 Ill. | 3 | | Adm. Code 600.310. | 4 | | (2) Meter tests requested by customer. | 5 | | (A) Each utility furnishing metered water service | 6 | | shall, without charge, test the accuracy of any meter | 7 | | upon request by the customer served by such meter, | 8 | | provided that the meter in question has not been tested | 9 | | by the utility or by the Commission within 2 years | 10 | | previous to such request. The customer or his or her | 11 | | representatives shall have the privilege of witnessing | 12 | | the test at the option of the customer. A written | 13 | | report, giving the results of the test, shall be made | 14 | | to the customer. | 15 | | (B) When a meter that has been in service less than | 16 | | 2 years since its last test is found to be accurate | 17 | | within the limits specified in 83 Ill. Adm. Code | 18 | | 600.310, the customer shall pay a fee to the utility | 19 | | not to exceed the amounts specified in 83 Ill. Adm. | 20 | | Code 600.350(b). Fees for testing meters not included | 21 | | in this Section or so located that the cost will be out | 22 | | of proportion to the fee specified will be determined | 23 | | by the Commission upon receipt of a complete | 24 | | description of the case. | 25 | | (3) Commission referee tests. Upon written application | 26 | | to the Commission by any customer, a test will be made of |
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| 1 | | the customer's meter by a representative of the Commission. | 2 | | For such a test, a fee as provided for in subsection (g)(2) | 3 | | shall accompany the application. If the meter is found to | 4 | | be registering more than 1.5% fast on the average when | 5 | | tested as prescribed in 83 Ill. Adm. Code 600.310, the | 6 | | utility shall refund to the customer the amount of the fee. | 7 | | The utility shall in no way disturb the meter after a | 8 | | customer has made an application for a referee test until | 9 | | authority to do so is given by the Commission or the | 10 | | customer in writing. | 11 | | (h) Water and sewer utilities; low usage. Each public | 12 | | utility that provides water and sewer service must establish a | 13 | | unit sewer rate, subject to review by the Commission, that | 14 | | applies only to those customers who use less than 1,000 gallons | 15 | | of water in any billing period. | 16 | | (i) Water and sewer utilities; separate meters. Each public | 17 | | utility that provides water and sewer service must offer | 18 | | separate rates for water and sewer service to any commercial or | 19 | | residential customer who uses separate meters to measure each | 20 | | of those services. In order for the separate rate to apply, a | 21 | | combination of meters must be used to measure the amount of | 22 | | water that reaches the sewer system and the amount of water | 23 | | that does not reach the sewer system. | 24 | | (j) Each water or sewer public utility must disclose on | 25 | | each billing statement any amount billed that is for service | 26 | | provided prior to the date covered by the billing statement. |
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| 1 | | The disclosure must include the dates for which the prior | 2 | | service is being billed. Each billing statement that includes | 3 | | an amount billed for service provided prior to the date covered | 4 | | by the billing statement must disclose the dates for which that | 5 | | amount is billed and must include a copy of the document | 6 | | created under subsection (a) and a statement of current | 7 | | Commission rules concerning unbilled or misbilled service. | 8 | | (k) When the customer is due a refund resulting from | 9 | | payment of an overcharge, the utility shall credit the customer | 10 | | in the amount of overpayment with interest from the date of | 11 | | overpayment by the customer. The rate for interest shall be at | 12 | | the appropriate rate determined by the Commission under 83 Ill. | 13 | | Adm. Code 280.70. | 14 | | (l) Water and sewer public utilities; subcontractors. The | 15 | | Commission shall adopt rules for water and sewer public | 16 | | utilities to provide notice to the customers of the proper kind | 17 | | of identification that a subcontractor must present to the | 18 | | customer, to prohibit a subcontractor from soliciting or | 19 | | receiving payment of any kind for any service provided by the | 20 | | water or sewer public utility or the subcontractor, and to | 21 | | establish sanctions for violations. | 22 | | (m) Water and sewer public utilities; unaccounted-for | 23 | | water. By December 31, 2006, each water public utility shall | 24 | | file tariffs with the Commission to establish the maximum | 25 | | percentage of unaccounted-for water that would be considered in | 26 | | the determination of any rates or surcharges. The rates or |
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| 1 | | surcharges approved for a water public utility shall not | 2 | | include charges for unaccounted-for water in excess of this | 3 | | maximum percentage without well-documented support and | 4 | | justification for the Commission to consider in any request to | 5 | | recover charges in excess of the tariffed maximum percentage. | 6 | | (n) Rate increases; public forums. When any public utility | 7 | | providing water or sewer service proposes a general rate | 8 | | increase, in addition to other notice requirements, the water | 9 | | or sewer public utility must notify its customers of their | 10 | | right to request a public forum. A customer or group of | 11 | | customers must make written request to the Commission for a | 12 | | public forum and must also provide written notification of the | 13 | | request to the customer's municipal or, for unincorporated | 14 | | areas, township government. In the event of such a request, the | 15 | | The Commission shall , at its discretion, may schedule the | 16 | | public forum. If it is determined that public forums are | 17 | | required for multiple municipalities or townships, then the | 18 | | Commission shall schedule these public forums, in locations | 19 | | within approximately 45 minutes drive time of the | 20 | | municipalities or townships for which the public forums have | 21 | | been scheduled. The public utility must provide advance notice | 22 | | of 30 days for each public forum to the governing bodies of | 23 | | those units of local government affected by the increase. The | 24 | | day of each public forum shall be selected so as to encourage | 25 | | the greatest public participation. Each public forum will begin | 26 | | at 7:00 p.m. Reports and comments made during or as a result of |
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| 1 | | each public forum shall be transcribed and placed on the | 2 | | Commission's electronic docketing system for review by all of | 3 | | the parties, and the Commission shall notify all parties of the | 4 | | transcript's availability. The transcript shall become part of | 5 | | the record for decision, and must be made available to the | 6 | | hearing officials and reviewed when drafting a recommended or | 7 | | tentative decision, finding or order pursuant to Section 10-111 | 8 | | of this Act. The transcript must be reviewed by the full | 9 | | Commission before all relevant votes of the Commission.
| 10 | | (Source: P.A. 94-950, eff. 6-27-06.)
| 11 | | (220 ILCS 5/9-223) (from Ch. 111 2/3, par. 9-223)
| 12 | | Sec. 9-223. Fire protection charge.
| 13 | | (a) The Commission may authorize any public utility engaged | 14 | | in
the production, storage, transmission, sale, delivery or | 15 | | furnishing of water
to impose a fire protection charge, in | 16 | | addition to any rate authorized by
this Act, sufficient to | 17 | | cover a reasonable portion of the cost of providing
the | 18 | | capacity, facilities and the water necessary to meet the fire | 19 | | protection
needs of any municipality or public fire protection | 20 | | district. Such fire
protection charge shall be in the form of a | 21 | | fixed amount per bill and shall
be shown separately on the | 22 | | utility bill of each customer of the municipality
or fire | 23 | | protection district. Additionally, all revenue from cell phone | 24 | | towers operating on utility property, and all revenue from all | 25 | | other contracts or arrangements for use of utility property, |
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| 1 | | shall be used to directly offset such a charge in the fire | 2 | | district where the utility property is located. Any filing by a | 3 | | public utility to change a fire protection charge, a water | 4 | | rate, or a sewer rate shall separately identify all revenues | 5 | | described in this Section, including the total amount of | 6 | | revenue received for use of utility property in each fire | 7 | | district. Any filing by a public utility to impose such a
fire | 8 | | protection charge or to modify a charge shall be made pursuant | 9 | | to Section
9-201 of this Act. Any fire protection charge | 10 | | imposed shall reflect the
costs associated with providing fire | 11 | | protection service for each municipality
or fire protection | 12 | | district. No such charge shall be imposed directly on
any | 13 | | municipality or fire protection district for a reasonable level | 14 | | of fire
protection services unless provided for in a separate | 15 | | agreement between the
municipality or the fire protection | 16 | | district and the utility.
| 17 | | (b) (Blank). By December 31, 2007, the Commission shall | 18 | | conduct at least 3 public forums to evaluate the purpose and | 19 | | use of each fire protection charge imposed under this Section. | 20 | | At least one forum must be held in northern Illinois, at least | 21 | | one forum must be held in central Illinois, and at least one | 22 | | forum must be held in southern Illinois. The Commission must | 23 | | invite a representative from each municipality and fire | 24 | | protection district affected by a fire protection charge under | 25 | | this Section to attend a public forum. The Commission shall | 26 | | report its findings concerning recommendations concerning the |
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| 1 | | purpose and use of each fire protection charge to the General | 2 | | Assembly no later than the last day of the veto session in | 3 | | 2008.
| 4 | | (Source: P.A. 94-950, eff. 6-27-06.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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