Sen. Heather A. Steans

Filed: 4/20/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 3080 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Community Water System Lead Removal Act.
6    Section 5. Definitions. As used in this Act:
7    "Community water system" has the meaning provided in 35
8Ill. Adm. Code 611.101.
9    "Department" means the Department of Public Health.
10    Section 10. Asset management plans; lead service line
12    (a) Except as provided in subsection (b), within 2 years of
13the effective date of this Act, each community water system in
14Illinois shall implement an asset management plan designed to
15inspect, maintain, repair, and renew infrastructure consistent



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1with the standards adopted by the American Water Works
2Association or another industry-wide accepted standard. The
3asset management plan shall be submitted to the Department for
4approval. The asset management plan shall include a plan to
5remove all known lead service lines, both publicly owned and
6privately owned. The asset management plan shall include:
7        (1) an engineering study;
8        (2) estimated costs;
9        (3) a financing plan;
10        (4) a feasibility and affordability plan;
11        (5) a plan for prioritizing high-risk areas;
12        (6) a proposed schedule for replacements that includes
13    annual benchmarks; and
14        (7) measures to encourage diversity in hiring in the
15    workforce required to implement the plan, if feasible.
16    Each community water system may take into account its
17circumstances in considering a timeline and strategy to remove
18lead services lines, however, the Department may reject an
19asset management plan that has an unreasonable timeline. The
20Department may consider the number of lead service lines, the
21economic condition of the area the community water supply
22serves, and any other factors when determining reasonableness.
23Each community water system may make its own determination as
24to how its lead service line removal plan shall be financed.
25    The asset management plan, including an updated lead
26removal strategy, shall be updated and submitted to the



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1Department every 3 years. The update shall include all progress
2made since the previous filing period.
3    The Department shall create a website that permits the
4electronic submission of an asset management plan required
5under this Section. The lack of a website shall not negate the
6requirement for a community water system to submit an asset
7management plan.
8    (b) A community water system may submit a water
9distribution system material inventory developed in accordance
10with Section 17.11 to meet the asset management plan
11requirements of subsection (a).
12    Section 15. The Department of Commerce and Economic
13Opportunity Law of the Civil Administrative Code of Illinois is
14amended by adding Section 605-870 as follows:
15    (20 ILCS 605/605-870 new)
16    Sec. 605-870. Low-Income Water Assistance Program.
17    (a) The Department shall by rule establish a comprehensive
18low-income water assistance policy and program that
19incorporates financial assistance and includes, but is not
20limited to, water efficiency or water quality projects, or
21other measures to ensure that residents have access to
22affordable and clean water. The policy and program shall not
23jeopardize the ability of public utilities and other entities
24to receive just compensation for providing services. The



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1resources applied in achieving the policy and program shall be
2coordinated and efficiently used through the integration of
3public programs and through the targeting of assistance. The
4Department shall use all appropriate and available means to
5fund this program and, to the extent possible, identify and use
6sources of funding that complement State tax revenues.
7    (b) Any person who is a resident of the State and whose
8household income is not greater than an amount determined
9annually by the Department may apply for assistance under this
10Section in accordance with rules adopted by the Department. In
11setting the annual eligibility level, the Department shall
12consider the amount of available funding and may not set a
13limit higher than 150% of the poverty guidelines updated
14periodically in the Federal Register by the U.S. Department of
15Health and Human Services under the authority of 42 U.S.C.
17    (c) Applicants who qualify for assistance under subsection
18(b) shall, subject to appropriation from the General Assembly
19and subject to availability of funds to the Department, receive
20assistance as provided by this Section. The Department, upon
21receipt of moneys authorized under this Section for assistance,
22shall commit funds for each qualified applicant in an amount
23determined by the Department. In determining the amounts of
24assistance to be provided to or on behalf of a qualified
25applicant, the Department shall ensure that the highest amounts
26of assistance go to households with the greatest water costs in



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1relation to household income. The Department shall include
2factors such as water costs, household size, household income,
3and region of the State when determining individual household
4benefits. In adopting rules for the administration of this
5Section, the Department shall ensure that a minimum of 1/3 of
6funds are available for benefits to eligible households with
7the lowest incomes and that elderly households, households with
8persons with disabilities, and households with children under 6
9years of age are offered a priority application period.
10    (d) Application materials for the program shall be made
11available in multiple languages.
12    (e) The Department may adopt any rules necessary to
13implement the policy and program under this Section.
14    Section 20. The Public Utilities Act is amended by changing
15Section 8-306 as follows:
16    (220 ILCS 5/8-306)
17    Sec. 8-306. Special provisions relating to water and sewer
19    (a) No later than 120 days after the effective date of this
20amendatory Act of the 94th General Assembly, the Commission
21shall prepare, make available to customers upon request, and
22post on its Internet web site information concerning the
23service obligations of water and sewer utilities and remedies
24that a customer may pursue for a violation of the customer's



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1rights. The information shall specifically address the rights
2of a customer of a water or sewer utility in the following
4        (1) The customer's water meter is replaced.
5        (2) The customer's bill increases by more than 50%
6    within one billing period.
7        (3) The customer's water service is terminated.
8        (4) The customer wishes to complain after receiving a
9    termination of service notice.
10        (5) The customer is unable to make payment on a billing
11    statement.
12        (6) A rate is filed, including without limitation a
13    surcharge or annual reconciliation filing, that will
14    increase the amount billed to the customer.
15        (7) The customer is billed for services provided prior
16    to the date covered by the billing statement.
17        (8) The customer is due to receive a credit.
18    Each billing statement issued by a water or sewer utility
19shall include an Internet web site address where the customer
20can view the information required under this subsection (a) and
21a telephone number that the customer may call to request a copy
22of the information.
23    (a-5) Each billing statement issued by a water or sewer
24utility shall include:
25        (1) all fixed charges;
26        (2) all volumetric charges; and



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1        (3) the total number of gallons used since the last
2    billing period.
3    If a bill is not calculated based upon volumetric use, then
4the method for calculating the bill must be described on the
6    (b) A water or sewer utility may discontinue service only
7after it has mailed or delivered by other means a written
8notice of discontinuance substantially in the form of Appendix
9A of 83 Ill. Adm. Code 280. The notice must include the
10Internet web site address where the customer can view the
11information required under subsection (a) and a telephone
12number that the customer may call to request a copy of the
13information. Any notice required to be delivered or mailed to a
14customer prior to discontinuance of service shall be delivered
15or mailed separately from any bill. Service shall not be
16discontinued until at least 5 days after delivery or 8 days
17after the mailing of this notice. Service shall not be
18discontinued and shall be restored if discontinued for the
19reason which is the subject of a dispute or complaint during
20the pendency of informal or formal complaint procedures of the
21Illinois Commerce Commission under 83 Ill. Adm. Code 280.160 or
22280.170, where the customer has complied with those rules.
23Service shall not be discontinued and shall be restored if
24discontinued where a customer has established a deferred
25payment agreement pursuant to 83 Ill. Adm. Code 280.110 and has
26not defaulted on such agreement. Residential customers who are



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1indebted to a utility for past due utility service shall have
2the opportunity to make arrangements with the utility to retire
3the debt by periodic payments, referred to as a deferred
4payment agreement, unless this customer has failed to make
5payment under such a plan during the past 12 months. The terms
6and conditions of a reasonable deferred payment agreement shall
7be determined by the utility after consideration of the
8following factors, based upon information available from
9current utility records or provided by the customer or
11        (1) size of the past due account;
12        (2) customer or applicant's ability to pay;
13        (3) customer or applicant's payment history;
14        (4) reason for the outstanding indebtedness; and
15        (5) any other relevant factors relating to the
16    circumstances of the customer or applicant's service.
17A residential customer shall pay a maximum of one-fourth of the
18amount past due and owing at the time of entering into the
19deferred payment agreement, and the water or sewer utility
20shall allow a minimum of 2 months from the date of the
21agreement and a maximum of 12 months for payment to be made
22under a deferred payment agreement. Late payment charges may be
23assessed against the amount owing that is the subject of a
24deferred payment agreement.
25    (b-5) A water or sewer utility may not charge more than $50
26for reconnecting service.



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1    (c) A water or sewer utility shall provide notice as
2required by subsection (a) of Section 9-201 after the filing of
3each information sheet under a purchased water surcharge,
4purchased sewage treatment surcharge, or qualifying
5infrastructure plant surcharge. The utility also shall post
6notice of the filing in accordance with the requirements of 83
7Ill. Adm. Code 255. Unless filed as part of a general rate
8increase, notice of the filing of a purchased water surcharge
9rider, purchased sewage treatment surcharge rider, or
10qualifying infrastructure plant surcharge rider also shall be
11given in the manner required by this subsection (c) for the
12filing of information sheets.
13    (d) Commission rules pertaining to formal and informal
14complaints against public utilities shall apply with full and
15equal force to water and sewer utilities and their customers,
16including provisions of 83 Ill. Adm. Code 280.170, and the
17Commission shall respond to each complaint by providing the
18consumer with a copy of the utility's response to the complaint
19and a copy of the Commission's review of the complaint and its
20findings. The Commission shall also provide the consumer with
21all available options for recourse.
22    (e) Any refund shown on the billing statement of a customer
23of a water or sewer utility must be itemized and must state if
24the refund is an adjustment or credit.
25    (f) Water service for building construction purposes. At
26the request of any municipality or township within the service



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1area of a public utility that provides water service to
2customers within the municipality or township, a public utility
3must (1) require all water service used for building
4construction purposes to be measured by meter and subject to
5approved rates and charges for metered water service and (2)
6prohibit the unauthorized use of water taken from hydrants or
7service lines installed at construction sites.
8    (g) Water meters.
9        (1) Periodic testing. Unless otherwise approved by the
10    Commission, each service water meter shall be periodically
11    inspected and tested in accordance with the schedule
12    specified in 83 Ill. Adm. Code 600.340, or more frequently
13    as the results may warrant, to insure that the meter
14    accuracy is maintained within the limits set out in 83 Ill.
15    Adm. Code 600.310.
16        (2) Meter tests requested by customer.
17            (A) Each utility furnishing metered water service
18        shall, without charge, test the accuracy of any meter
19        upon request by the customer served by such meter,
20        provided that the meter in question has not been tested
21        by the utility or by the Commission within 2 years
22        previous to such request. The customer or his or her
23        representatives shall have the privilege of witnessing
24        the test at the option of the customer. A written
25        report, giving the results of the test, shall be made
26        to the customer.



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1            (B) When a meter that has been in service less than
2        2 years since its last test is found to be accurate
3        within the limits specified in 83 Ill. Adm. Code
4        600.310, the customer shall pay a fee to the utility
5        not to exceed the amounts specified in 83 Ill. Adm.
6        Code 600.350(b). Fees for testing meters not included
7        in this Section or so located that the cost will be out
8        of proportion to the fee specified will be determined
9        by the Commission upon receipt of a complete
10        description of the case.
11        (3) Commission referee tests. Upon written application
12    to the Commission by any customer, a test will be made of
13    the customer's meter by a representative of the Commission.
14    For such a test, a fee as provided for in subsection (g)(2)
15    shall accompany the application. If the meter is found to
16    be registering more than 1.5% fast on the average when
17    tested as prescribed in 83 Ill. Adm. Code 600.310, the
18    utility shall refund to the customer the amount of the fee.
19    The utility shall in no way disturb the meter after a
20    customer has made an application for a referee test until
21    authority to do so is given by the Commission or the
22    customer in writing.
23    (h) Water and sewer utilities; low usage. Each public
24utility that provides water and sewer service must establish a
25unit sewer rate, subject to review by the Commission, that
26applies only to those customers who use less than 1,000 gallons



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1of water in any billing period.
2    (i) Water and sewer utilities; separate meters. Each public
3utility that provides water and sewer service must offer
4separate rates for water and sewer service to any commercial or
5residential customer who uses separate meters to measure each
6of those services. In order for the separate rate to apply, a
7combination of meters must be used to measure the amount of
8water that reaches the sewer system and the amount of water
9that does not reach the sewer system.
10    (j) Each water or sewer public utility must disclose on
11each billing statement any amount billed that is for service
12provided prior to the date covered by the billing statement.
13The disclosure must include the dates for which the prior
14service is being billed. Each billing statement that includes
15an amount billed for service provided prior to the date covered
16by the billing statement must disclose the dates for which that
17amount is billed and must include a copy of the document
18created under subsection (a) and a statement of current
19Commission rules concerning unbilled or misbilled service.
20    (k) When the customer is due a refund resulting from
21payment of an overcharge, the utility shall credit the customer
22in the amount of overpayment with interest from the date of
23overpayment by the customer. The rate for interest shall be at
24the appropriate rate determined by the Commission under 83 Ill.
25Adm. Code 280.70.
26    (l) Water and sewer public utilities; subcontractors. The



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1Commission shall adopt rules for water and sewer public
2utilities to provide notice to the customers of the proper kind
3of identification that a subcontractor must present to the
4customer, to prohibit a subcontractor from soliciting or
5receiving payment of any kind for any service provided by the
6water or sewer public utility or the subcontractor, and to
7establish sanctions for violations.
8    (m) Water and sewer public utilities; unaccounted-for
9water. By December 31, 2006, each water public utility shall
10file tariffs with the Commission to establish the maximum
11percentage of unaccounted-for water that would be considered in
12the determination of any rates or surcharges. The rates or
13surcharges approved for a water public utility shall not
14include charges for unaccounted-for water in excess of this
15maximum percentage without well-documented support and
16justification for the Commission to consider in any request to
17recover charges in excess of the tariffed maximum percentage.
18    (n) Rate increases; public forums. When any public utility
19providing water or sewer service proposes a general rate
20increase, in addition to other notice requirements, the water
21or sewer public utility must notify its customers of their
22right to request a public forum. A customer or group of
23customers must make written request to the Commission for a
24public forum and must also provide written notification of the
25request to the customer's municipal or, for unincorporated
26areas, township government. The Commission, at its discretion,



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1may schedule the public forum. If it is determined that public
2forums are required for multiple municipalities or townships,
3the Commission shall schedule these public forums, in locations
4within approximately 45 minutes drive time of the
5municipalities or townships for which the public forums have
6been scheduled. The public utility must provide advance notice
7of 30 days for each public forum to the governing bodies of
8those units of local government affected by the increase. The
9day of each public forum shall be selected so as to encourage
10the greatest public participation. Each public forum will begin
11at 7:00 p.m. Reports and comments made during or as a result of
12each public forum must be made available to the hearing
13officials and reviewed when drafting a recommended or tentative
14decision, finding or order pursuant to Section 10-111 of this
16    (o) Upon request by a water utility, the Commission may
17allow a water utility to establish a customer assistance
18program that:
19        (1) uses State or federal infrastructure funds; or
20        (2) provides financial relief to residential customers
21    who qualify for income-related assistance.
22    A customer assistance program established under this
23subsection that affects rates and charges for service is not
24discriminatory for purposes of this Act or any other law
25regulating rates and charges for service. In considering
26whether to approve a water utility's proposed customer



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1assistance program, the Commission shall determine that a
2customer assistance program established under this subsection
3is in the public interest.
4    The Commission shall adopt rules to implement this
5subsection. These rules shall require customer assistance
6programs under this subsection to coordinate with utility
7energy efficiency programs and the Illinois Home
8Weatherization Assistance Program for the purpose of informing
9eligible customers of additional resources that may help the
10customer conserve water.
11    (p) An entity subject to the federal Safe Drinking Water
12Act and the federal Clean Water Act that serves or provides
13water or sewer services to a population of more than 2,000 but
14less than 1,000,000 shall conduct a cost of service study every
155 years. The study shall include all revenue recovered from
16water or sewer bills, and the percentage of the cost of service
17used for water or sewer capital investment. The study shall be
18submitted to the Environmental Protection Agency and published
19on the Agency's website.
20(Source: P.A. 94-950, eff. 6-27-06.)
21    Section 25. The Environmental Protection Act is amended by
22changing Section 17.11 as follows:
23    (415 ILCS 5/17.11)
24    Sec. 17.11. Lead in drinking water notifications and



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2    (a) The purpose of this Section is to require the owners
3and operators of community water systems to (i) create a
4comprehensive lead service line inventory; and (ii) provide
5notice to occupants of potentially affected residences of
6construction or repair work on water mains, lead service lines,
7or water meters.
8    (b) For the purposes of this Section:
9        "Community water system" has the meaning provided in 35
10    Ill. Adm. Code 611.101.
11        "Potentially affected residence" means any residence
12    where water service is or may be temporarily interrupted or
13    shut off by or on behalf of an owner or operator of a
14    community water system because construction or repair work
15    is to be performed by or on behalf of the owner or operator
16    of a community water system on or affecting a water main,
17    service line, or water meter.
18        "Small system" has the meaning provided in 35 Ill. Adm.
19    Code 611.350.
20    (c) The owner or operator of each community water system in
21the State shall develop a water distribution system material
22inventory that shall be submitted in written or electronic form
23to the Agency on an annual basis commencing on April 15, 2018
24and continuing on each April 15 thereafter until the water
25distribution system material inventory is completed. In
26addition to meeting the requirements for water distribution



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1system material inventories that are mandated by the United
2States Environmental Protection Agency, each water
3distribution system material inventory shall identify:
4        (1) the total number of service lines within or
5    connected to the distribution system, including privately
6    owned service lines;
7        (2) the number of all known lead service lines within
8    or connected to the distribution system, including
9    privately owned lead service lines; and
10        (3) the number of the lead service lines that were
11    added to the inventory after the previous year's
12    submission.
13    Nothing in this subsection shall be construed to require
14that service lines be unearthed.
15    (d) Beginning on January 1, 2018, when conducting routine
16inspections of community water systems as required under this
17Act, the Agency may conduct a separate audit to identify
18progress that the community water system has made toward
19completing the water distribution system material inventories
20required under subsection (c) of this Section.
21    (e) The owner or operator of the community water system
22shall provide notice of construction or repair work on a water
23main service line, or water meter in accordance with the
24following requirements:
25        (1) At least 14 days prior to beginning planned work to
26    repair or replace any water mains or lead service lines,



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1    the owner or operator of a community water system shall
2    notify, through an individual written notice, each
3    potentially affected residence of the planned work. In
4    cases where a community water system must perform
5    construction or repair work on an emergency basis or where
6    such work is not scheduled at least 14 days prior to work
7    taking place, the community water system shall notify each
8    potentially affected residence as soon as reasonably
9    possible. When work is to repair or replace a water meter,
10    the notification shall be provided at the time the work is
11    initiated.
12        (2) Such notification shall include, at a minimum:
13            (A) a warning that the work may result in sediment,
14        possibly containing lead, in the residence's water
15        supply; and
16            (B) information concerning best practices for
17        preventing the consumption of any lead in drinking
18        water, including a recommendation to flush water lines
19        during and after the completion of the repair or
20        replacement work and to clean faucet aerator screens;
21        and
22            (C) information regarding the dangers of lead in
23        young children.
24        (3) To the extent that the owner or operator of a
25    community water system serves a significant proportion of
26    non-English speaking consumers, the notification must



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1    contain information in the appropriate languages regarding
2    the importance of the notice, and it must contain a
3    telephone number or address where a person served may
4    contact the owner or operator of the community water system
5    to obtain a translated copy of the notification or to
6    request assistance in the appropriate language.
7        (4) Notwithstanding anything to the contrary set forth
8    in this Section, to the extent that (a) notification is
9    required for the entire community served by a community
10    water system, (b) notification is required for
11    construction or repairs occurring on an emergency basis, or
12    (c) the community water system is a small system,
13    publication notification, through a local media, social
14    media or other similar means, may be utilized in lieu of an
15    individual written notification.
16        (5) If an owner or operator is required to provide an
17    individual written notification to a residence that is a
18    multidwelling building, posting a written notification on
19    the primary entrance way to the building shall be
20    sufficient.
21        (6) The notification requirements in this subsection
22    (e) do not apply to work performed on water mains that are
23    used to transmit treated water between community water
24    systems and have no service connections.
25        (7) The owner or operator of a community water system
26    may seek a full or partial waiver of the requirements of



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1    this subsection from the Agency if (i) the community water
2    system was originally constructed without lead, (ii) the
3    residential structures were constructed under local
4    building codes that categorically prohibited lead
5    construction materials or the owner or operator of a
6    community water system certifies that any residential
7    structures requiring notification were constructed without
8    lead, and (iii) no lead sediment is likely to be present
9    within the community water system or residential
10    structures. The owner or operator of a community water
11    system may seek a time-limited or permanent waiver.
12        (8) The owner and operator of a community water system
13    shall not be required to comply with this subsection (e) to
14    the extent that the corresponding water distribution
15    system material inventory has been completed that
16    demonstrates the water distribution system does not
17    contain any lead.
18    (f) Each community water system shall make every reasonable
19effort to identify all lead service lines in accordance with
20this Section within 3 years of the effective date of this
21amendatory Act of the 100th General Assembly.
22(Source: P.A. 99-922, eff. 1-17-17.)".