HB4744 100TH GENERAL ASSEMBLY

LRB100 18684 AWJ 33914 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4744

Introduced , by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Municipal Code. Provides that beginning January 1, 2019, a supplying municipality in Cook County shall not charge another municipality in Cook County more than the actual cost of providing water to the municipality. Provides that a supplying municipality in Cook County shall post on its website and provide to the municipality to which it supplies water the actual cost of providing water. Provides that the Environmental Protection Agency shall monitor all supplying municipalities in Cook County to make sure the municipalities are not charging more than the actual cost of providing water. Defines "suppling municipality in Cook County" as a municipality in Cook County that either receives water directly from Lake Michigan or buys its water from another municipality that receives its water either directly or indirectly from Lake Michigan and "actual cost of providing water" as the cost of providing water along with reasonable fees to deliver the drinking water. Limits home rule powers. Amends the Environmental Protection Act. Creates the Cook County Water Infrastructure Fund. Provides that moneys in the Fund shall be used by the Agency to make grants to municipalities to fund infrastructure improvements to facilitate water supplies from Lake Michigan for residents of Cook County. Provides that the Fund is not subject to sweeps, administrative charges or chargebacks, or any other fiscal or budgetary maneuver that would in any way transfer any funds from the Cook County Water Infrastructure Fund into any other fund of the State. Provides that the Agency may adopt rules to implement the provisions. Amends the State Finance Act making conforming changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by changing Section 11-124-1 as follows:

(65 ILCS 5/11-124-1) (from Ch. 24, par. 11-124-1)

Sec. 11-124-1. Contracts for supply of water.

(a) The corporate authorities of each municipality may contract with any person, corporation, municipal corporation, political subdivision, public water district or any other agency for a supply of water. Any such contract entered into by a municipality shall provide that payments to be made thereunder shall be solely from the revenues to be derived from the operation of the waterworks system of the municipality, and the contract shall be a continuing valid and binding obligation of the municipality payable from the revenues derived from the operation of the waterworks system of the municipality for the period of years, not to exceed 40, as may be provided in such contract. Any such contract shall not be a debt within the meaning of any constitutional or statutory limitation. No prior appropriation shall be required before entering into such a contract and no appropriation shall be required to authorize payments to be made under the terms of any such contract notwithstanding any provision in this Code to the contrary.

(b) Payments to be made under any such contract shall be an operation and maintenance expense of the waterworks system of the municipality. Any such contract made by a municipality for a supply of water may contain provisions whereby the municipality is obligated to pay for such supply of water without setoff or counterclaim and irrespective of whether such supply of water is ever furnished, made available or delivered to the municipality or whether any project for the supply of water contemplated by any such contract is completed, operable or operating and notwithstanding any suspension, interruption, interference, reduction or curtailment of the supply of water from such project. Any such contract may provide that if one or more of the other purchasers of water defaults in the payment of its obligations under such contract or a similar contract made with the supplier of the water, one or more of the remaining purchasers party to such contract or such similar contract shall be required to pay for all or a portion of the obligations of the defaulting purchasers.

(c) Payments to be made under any such contract with a municipal joint action water agency under the Intergovernmental Cooperation Act shall be an operation and maintenance expense of the waterworks system of the municipality. Any such contract made by a municipality for a supply of water with a municipal joint action water agency under the provisions of the Intergovernmental Cooperation Act may contain provisions whereby the municipality is obligated to pay for such supply of water without setoff or counterclaim and irrespective of whether such supply of water is ever furnished, made available or delivered to the municipality or whether any project for the supply of water contemplated by any such contract is completed, operable or operating and notwithstanding any suspension, interruption, interference, reduction or curtailment of the supply of water from such project. Any such contract with a municipal joint action water agency may provide that if one or more of the other purchasers of water defaults in the payment of its obligations under such contract or a similar contract made with the supplier of the water, one or more of the remaining purchasers party to such contract or such similar contract shall be required to pay for all or a portion of the obligations of the defaulting purchasers.

The changes in this Section made by these amendatory Acts of 1984 are intended to be declarative of existing law.

(d) A municipality with a water supply contract with a county water commission organized pursuant to the Water Commission Act of 1985 shall provide water to unincorporated areas of that home county in accordance with the terms of this subsection. The provision of water by the municipality shall be in accordance with a mandate of the home county as provided in Section 0.01 of the Water Commission Act of 1985. A home rule unit may not provide water in a manner that is inconsistent with the provisions of this amendatory Act of the 93rd General Assembly. This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(e) Beginning January 1, 2019, a supplying municipality in Cook County shall not charge another municipality in Cook County more than the actual cost of providing water to the municipality. A supplying municipality in Cook County shall post on its website and provide to the municipality to which it supplies water the actual cost of providing water. The Environmental Protection Agency shall monitor all supplying municipalities in Cook County to make sure the municipalities are not charging more than the actual cost of providing water.

As used in this subsection:

"Actual cost of providing water" means the cost of providing water along with reasonable fees to deliver the drinking water.

"Supplying municipality in Cook County" means a municipality in Cook County that either receives water directly from Lake Michigan or buys its water from another municipality that receives its water either directly or indirectly from Lake Michigan.

A home rule municipality in Cook County may not supply water to another Cook County municipality in a manner inconsistent with this subsection. This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(Source: P.A. 95-331, eff. 8-21-07.)

Section 10. The Environmental Protection Act is amended by adding Section 14.8 as follows:

(415 ILCS 5/14.8 new)

Sec. 14.8. Monitoring water supplies from Lake Michigan.

(a) The Agency shall monitor all supplying municipalities in Cook County, as defined in subsection (e) of Section 11-124-1 of the Illinois Municipal Code, to make sure that the municipalities are not charging more than the actual cost of providing water as provided under subsection (e) of Section 11-124-1 of the Illinois Municipal Code.

(b) The Cook County Water Infrastructure Fund is created as a new fund in the State treasury. Moneys in the Fund shall be used by the Agency to make grants to municipalities to fund infrastructure improvements to facilitate water supplies from Lake Michigan for residents of Cook County.

Notwithstanding any other provision of law, the Cook County Water Infrastructure Fund is not subject to sweeps, administrative charges or chargebacks, or any other fiscal or budgetary maneuver that would in any way transfer any funds from the Cook County Water Infrastructure Fund into any other fund of the State.

(c) The Agency may adopt rules under the Illinois Administrative Procedure Act to implement this Section.

Section 15. The State Finance Act is amended by adding Section 5.886 as follows:

(30 ILCS 105/5.886 new)

Sec. 5.886. The Cook County Water Infrastructure Fund.

Section 99. Effective date. This Act takes effect upon becoming law.