94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB3046


 
Introduced 1/20/2006, by Sen. Richard J. Winkel, Jr.
 
SYNOPSIS AS INTRODUCED:
 		













65 ILCS 5/11-124-5.1 new










    Amends the Illinois Municipal Code. Sets forth procedures by which municipalities may acquire water systems by eminent domain. Provides that the Illinois Commerce Commission has no approval authority of any eminent domain action brought by any governmental entity or combination of such entities to acquire water systems or water works.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB3046

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    AN ACT concerning local government.

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


 
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    Section 5. The Illinois Municipal Code is amended  by adding 
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Section 11-124-5.1 as follows:
 
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    (65 ILCS 5/11-124-5.1  new)
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    Sec. 11-124-5.1. Acquisition of water systems by eminent 
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domain.
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    (a) In addition to other provisions providing for the 
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acquisition of water systems or water works, whenever a public 
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utility subject to the Public Utilities Act utilizes public 
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property (including, but not limited to, right-of-way) of a 
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municipality for the installation or maintenance of all or part 
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of its water distribution system, the municipality has the 
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right to exercise eminent domain to acquire the entirety of the 
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water system, in accordance with this Section.
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    (b) Where a water system that is owned by a public utility 
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(as defined in the Public Utilities Act) provides water to 
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customers located entirely in 2 or more municipalities, the 
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system may only be acquired by eminent domain if there is in 
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existence an intergovernmental agreement between the 
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municipalities served providing for acquisition.
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    (c) If a water system that is owned by a public utility 
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provides water to customers located in one or more 
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municipalities and an unincorporated area contiguous to the 
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municipality or municipalities and if at least 80% of the 
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customers of the system are located within the a municipality 
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or municipalities, then system may be acquired by either a 
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municipality under subsection (a) or an entity created by 
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agreement between municipalities where at least 80% of the 
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customers reside.
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    (d) In the case of acquisition by a municipality or 
 


 






SB3046
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municipalities or entity created by law to operate a water 
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system under this Section, service must be provided to all 
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customers of the system at the time of acquisition without 
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discrimination in rates based on whether the customer is 
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located within or outside the boundaries of the acquiring 
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municipality or municipalities or entity.
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    (e) For the purposes of this Section, "system" includes all 
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physical assets reasonably necessary to provide water service 
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to a contiguous geographical area and include, but not be 
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limited to, all wells, pipes, treatment plants, pumps and other 
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physical apparatus, fire hydrants, equipment, or vehicles and 
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also includes service agreements and obligations derived from 
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use of the assets, whether or not the assets are contiguous to 
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the municipality, municipalities, or entity created for the 
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purpose of operating a water system.
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    (f) The valuation of all systems acquired under this 
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Section shall be pursuant to the formulas set forth in Division 
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139 of this Article 11.
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    (g) Notwithstanding any other provision of law, the 
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Illinois Commerce Commission has no approval authority of any 
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eminent domain action brought by any governmental entity or 
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combination of such entities to acquire water systems or water 
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works.