Illinois General Assembly - Full Text of SB1532
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Full Text of SB1532  101st General Assembly




State of Illinois
2019 and 2020


Introduced 2/15/2019, by Sen. Heather A. Steans


New Act
20 ILCS 605/605-870 new
220 ILCS 5/8-306
415 ILCS 5/17.11 rep.

    Creates the Reduction of Lead Service Lines Act. Requires community water supplies to identify and replace all lead service lines that connect to a water main. Provides that every community water supply in Illinois that has known lead service lines shall create a plan, to be submitted to the Environmental Protection Agency for approval, to replace all lead service lines and galvanized service lines if the service line is or was connected to lead piping. Provides that, within legal bounds, a community water supply shall have the authority to access private property and private residences for the sole purpose of identifying or replacing lead service lines or galvanized service lines. Provides that no person shall replace a portion of a lead service line without replacing the entirety of the line at the same time, except in cases of emergency repair. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Requires the Department of Commerce and Economic Opportunity to establish a comprehensive low-income water assistance policy and program. Amends the Public Utilities Act. Removes references to unaccounted-for water and replaces them with references to nonrevenue water. Provides that the Illinois Commerce Commission may allow or direct a water utility to establish a customer assistance program. Provides that certain entities that serve or provide water or sewer services shall prepare a summary of the cost of service for a given calendar year. Effective immediately.

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SB1532LRB101 09875 CPF 54977 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Reduction of Lead Service Lines Act.
6    Section 5. Purpose. The purpose of this Act is to require
7the owners and operators of community water supplies to: (1)
8create a comprehensive lead service line inventory; (2) provide
9notice to occupants of potentially affected residences and
10buildings of construction or repair work on water mains, lead
11service lines, or water meters; (3) prohibit partial lead
12service line replacements; and (4) create a lead service line
13replacement program.
14    Section 10. Definitions. In this Act:
15    "Agency" means the Environmental Protection Agency.
16    "Community water supply" means a public water supply that
17serves at least 15 service connections used by year-round
18residents or regularly serves at least 25 year-round residents
19    "Department" means the Department of Public Health.
20    "Emergency repair" means water distribution work that
21includes unscheduled water main, water service, water valve, or
22fire hydrant repair or replacement that results from premature



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1failure or accident.
2    "Lead service line" means a service line that is made of
3lead, or any lead pigtail, lead gooseneck, or other lead
4fitting that is connected to a service line, or both.
5    "Non-community water supply" means a public water supply
6that is not a community water supply.
7    "Potentially affected residence" means a residence where
8water service is supplied through a pipe containing lead or
9suspected to be made of lead.
10    "Service line" means the pipe from the discharge of the
11utility fitting to customer site piping or to the building
12plumbing at the first shut-off valve inside the building or 18
13inches inside the building, whichever is shorter.
14    "Small system" means a water system that regularly serves
15water to 3,300 or fewer persons.
16    Section 15. Water service line material inventory.
17    (a) The owner or operator of each community water supply
18shall develop an initial water service line material inventory
19that shall be submitted to the Agency for approval, in an
20electronic form selected by the Agency, by April 15, 2020. The
21owner or operator shall annually update and submit its
22inventory to the Agency by April 15 of each year thereafter.
23Each water service line material inventory shall identify:
24        (1) The total number of service lines within or
25    connected to the distribution system.



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1        (2) The materials of construction, including, but not
2    limited to, lead, of each water service line connected to
3    the distribution system. The owner or operator of the
4    community water supply shall develop the inventory by
5    identifying on both the customer's and the community water
6    supply's side of the curb box the type of construction
7    material used.
8        (3) The number of the lead service lines that were
9    added and removed from the inventory after the previous
10    year's submission.
11    (b) The owner or operator of each community water supply
12shall maintain records of owners or residents that refuse to
13grant access to the interior of the building for purposes of
14identifying the service line material. If the owner or resident
15refuses to allow access to his or her residence or property for
16the purposes of cooperating with the inventory, the community
17water supply shall request that the owner or resident sign a
18waiver. The waiver shall be developed by the Department. If the
19owner or resident refuses to sign the waiver, the record shall
20include the dates and manner of each request and the name of
21the person who made the request.
22    (c) The owner or operator of each community water supply
23shall, upon finding the presence of a lead service line, notify
24the owner and resident of the building within 24 hours, or as
25soon as is reasonably possible.
26    (d) No later than January 1, 2021, the Agency shall by rule



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1determine a reasonable deadline for submitting each community
2water supply's complete water service line material inventory
3required under subsection (a), not to exceed 5 years from
4January 1, 2020, unless the Agency determines that additional
5time is needed for one or more community water supply's
6inventory due to the technical feasibility of identifying lines
7within a system.
8    (e) Nothing in this Section shall be construed to require
9that service lines be unearthed.
10    (f) Beginning on January 1, 2020, when conducting routine
11inspections of community water supplies, the Agency may conduct
12a separate audit to identify progress that the community water
13supply has made toward completing the water service line
14material inventory required under subsection (a).
15    Section 20. Construction notifications.
16    (a) Within 13 days before beginning planned work to repair
17or replace any water mains with lead or partial lead service
18lines attached to them or lead service lines themselves, the
19owner or operator of a community water supply shall notify each
20potentially affected residence of the planned work through an
21individual written notice. In cases where a community water
22supply must perform construction or repair work on an emergency
23basis or where the work is scheduled within 14 days of the work
24taking place, the community water supply shall notify each
25potentially affected residence as soon as is reasonably



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1possible. When work is to repair or replace a water meter, the
2notification shall be provided at the time the work is
4    (b) A notification under subsection (a) shall include, at a
5minimum, the following:
6        (1) a warning that the work may result in sediment,
7    possibly containing lead from the service line, in the
8    residence's water;
9        (2) information concerning the best practices for
10    preventing exposure to or risk of consumption of any lead
11    in drinking water, including a recommendation to flush
12    water lines during and after the completion of the repair
13    or replacement work and to clean faucet aerator screens;
14    and
15        (3) information regarding the dangers of lead in young
16    children and pregnant women.
17    (c) To the extent that the owner or operator of a community
18water supply serves a significant proportion of non-English
19speaking consumers, a notification under subsection (a) must
20contain information in the appropriate languages regarding the
21importance of the notice, and it must contain a telephone
22number or address where a person who is served may contact the
23owner or operator of the community water supply to obtain a
24translated copy of the notification or to request assistance in
25the appropriate language.
26    (d) Notwithstanding anything to the contrary set forth in



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1this Section, publication notification through local media,
2social media, or other similar means may be used in lieu of an
3individual written notification to the extent that: (1)
4notification is required for the entire community served by a
5community water supply; (2) notification is required for
6construction or repairs occurring on an emergency basis; or (3)
7the community water supply is a small system.
8    (e) If an owner or operator of a community water supply is
9required to provide an individual written notification to a
10residence that is a multidwelling building, then posting a
11written notification on the primary entrance way to the
12building shall be sufficient.
13    (f) The notification requirements in this Section do not
14apply to work performed on water mains that are used to
15transmit treated water between community water supplies and
16that have no service connections.
17    (g) A community water supply is not required to comply with
18this Section to the extent that the corresponding water service
19line material inventory has been completed and demonstrates
20that the community water supply's distribution system does not
21include lead service lines.
22    Section 25. Lead service line replacement program.
23    (a) Every community water supply in Illinois that has known
24lead service lines shall create a plan to replace all lead
25service lines and galvanized service lines if the service line



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1is or was connected to lead piping. Each community water supply
2shall submit its lead service line replacement plan to the
3Agency for approval, in an electronic form selected by the
4Agency, by April 15, 2021. Each community water supply shall
5annually update and submit its plan to the Agency by April 15
6of each year thereafter in conjunction with the water service
7line material inventory required under Section 15. The Agency
8shall make each plan available to the public by maintaining
9them on the Agency website.
10    (b) Each lead service line replacement program plan shall
11include the following:
12        (1) The water service line material inventory
13    conducted under Section 15.
14        (2) An analysis of whether the community water supply
15    has control over lead service lines in its system.
16        (3) An analysis of costs and financing options for
17    replacing the system's lead service line that minimizes the
18    overall cost of system replacement. The analysis shall
19    include, but is not limited to:
20            (A) a detailed accounting of costs;
21            (B) measures to address affordability for
22        customers or rate payers;
23            (C) consideration of different scenarios for
24        structuring payments between the utility and its
25        customers over time;
26            (D) an explanation of the rationale for any permit



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1        fees or other charges to a property owner associated
2        with lead service lines, and plans for utilization of
3        revenues derived from those fees or other charges; and
4            (E) any other relevant factors regarding the
5        rulemaking required by this Act.
6        (4) A feasibility and affordability plan that
7    includes, but is not limited to, information on whether:
8            (A) the community water supply pays for the portion
9        of the service lines owned by the community water
10        supply and the property owner pays for the portion he
11        or she owns;
12            (B) the community water supply pays for the entire
13        replacement and has a low interest loan for property
14        owners to pay for the replacement over time on their
15        water bills; or
16            (C) the community water supply pays for the entire
17        replacement.
18        (5) A plan for prioritizing high risk areas.
19        (6) A proposed schedule for replacements that includes
20    annual benchmarks, not to fall below 4 percent replacement
21    of inventoried lines per year.
22        (7) A proposed deadline for replacing all lead service
23    lines consistent with the water service line material
24    inventory required under Section 15.
25    (c) The Agency shall begin the rulemaking process to
26implement the requirements of this Section within 6 months of



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1the effective date of this Act and shall adopt rules within one
2year after the rulemaking process begins. During the rulemaking
3process, the Agency shall consider:
4        (1) the form for submitting, and process for the
5    Agency's review of, lead service line replacement plans;
6        (2) whether a deadline for replacing all lead service
7    lines for community water supplies subject to this Act is
8    appropriate considering the utility scale, technical
9    feasibility of identifying and replacing lines, and impact
10    to public health of maintaining any lead service lines in
11    place;
12        (3) the means by a which a community water supply must
13    make its lead service line replacement plan, and its
14    progress towards implementing the plan, available to the
15    public;
16        (4) the materials deemed acceptable for lead service
17    line replacement; and
18        (5) any factors that a community water supply shall
19    consider in developing the components of a plan required
20    under subsection (a).
21    (d) When a community water supply replaces a water main,
22the community water supply must identify and replace all lead
23service lines that connect to that water main during
24replacement of the water main, unless a customer refuses to
25have his or her lead service line replaced. If a customer
26refuses to have his or her lead service line replaced, the



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1community water supply shall keep a record of that refusal
2consistent with subsection (b) of Section 15.
3    The Agency shall by rule set reasonable fees for community
4water systems to submit replacement plans.
5    (e) In order to provide water that does not become
6contaminated with lead from a lead service line or galvanized
7service line that is or was connected to lead piping, in
8accordance with constitutional limitations, and to the extent
9not already provided for by law, a community water supply shall
10have the authority to access private property and private
11residences for the sole purpose of identifying or replacing
12lead service lines or galvanized service lines.
13    Before a community water supply may access private property
14or a private residence for the purpose of replacing a lead
15service line or galvanized service line that is or was
16connected to lead piping, the community water supply shall
17notify the owner of the property and the resident at least one
18month before the planned work on the private property or in his
19or her private residence. The community water supply must meet
20the following requirements for notice under this subsection:
21        (1) The notice shall be made by the community water
22    supply at least every 2 weeks prior to the planned work
23    until the owner and resident have been contacted.
24        (2) At least one of the notices must be by certified
25    mail.
26        (3) The community water supply shall make personal



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1    contact with the owner or resident about the notice by
2    visits to the property or residence.
3        (4) The community water supply shall attempt to tape
4    flyers with the notice to entrance doors for the property
5    or residence.
6        (5) To the extent that the owner or operator of a
7    community water supply serves a significant proportion of
8    non-English speaking consumers, a notification under this
9    Section must contain information in the appropriate
10    language regarding the importance of the notice and a
11    telephone number or address where a person who is served
12    may contact the owner or operator of the community water
13    supply to obtain a translated copy of the notification or
14    to request assistance in the appropriate language.
15    If the owner or resident refuses to allow access to his or
16her residence or property for the purposes of cooperating with
17the lead service line replacement, the community water supply
18shall request that the owner or resident sign a waiver. The
19waiver shall be developed by the Department and should be made
20available in the owner or resident's language. Should the owner
21or resident refuse to sign the waiver, or fail to respond to
22the community water supply subsequent to the community water
23supply's compliance with the notification requirements set
24forth in this subsection, the community water supply shall
25notify the Department in writing within 15 working days and
26shall notify the Agency as part of the annual report to the



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1Agency under subsection (a).
2    To the extent allowed by law, community water supplies
3shall be held harmless for damage to property when installing
4water service lines. If dangers are encountered that prevent
5the replacement of the lead service line, the community water
6supply shall notify the Department within 15 working days of
7why the replacement of the lead service could not be
9    (f) Service lines that are physically disconnected from the
10distribution system are exempt from this Section.
11    Section 30. Prohibitions.
12    (a) Except as otherwise provided in this Section, no person
13shall replace a portion of a lead service line without
14replacing the entirety of the line at the same time.
15    (b) If the owner or operator of a community water supply
16does not own the entire service line, then the owner or
17operator of the community water supply shall notify the owner
18of the service line, or the service line owner's authorized
19agent, that the community water supply will replace the portion
20of the service line that it owns and the owner's portion of the
21service line at the community water supply's expense. The
22notification shall follow the procedures required under
23subsection (e) of Section 25. If the service line's owner or
24authorized agent does not consent, consistent with the
25notification and waiver provisions under subsection (e) of



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1Section 25, the community water supply shall not replace any
2portion of the service line, unless in conjunction with an
3emergency repair.
4    (c) A person may replace a portion of a lead service line
5but not the entirety of the line when an emergency repair is
6necessary and the community water supply notifies the owner and
7resident within 36 hours, informing the owner and resident of
8mitigating strategies, such as flushing pipes before use or
9supplying filters for drinking and cooking purposes.
10    In the event of a partial service line replacement due to
11an emergency situation, the community water supply must provide
12filters and replace the remainder of the lead service line
13within 30 days of the emergency repair.
14    In the event of a partial lead service line replacement
15resulting from an emergency repair, the community water supply
16shall inform the residents served by the service line that the
17community water supply shall, at the community water supply's
18expense, arrange to collect a sample from each partially
19replaced lead service line that is representative of the water
20in the service line for analysis of lead content within 72
21hours after the completion of the partial replacement of the
22service line. The community water supply shall collect the
23sample and report the results of the analysis to the owner and
24the resident or residents served by the line within 3 business
25days of receiving the results. A mailed notice of the results
26postmarked within 3 business days after the community water



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1supply receives the results shall satisfy the reporting
3    (d) If an owner of a residence intends to replace the
4portion of the lead service line that he or she owns, then the
5owner of the residence shall provide the owner or operator of
6the community water supply of the replacement plan with notice
7at least 45 days before commencing the work. In the case of an
8emergency repair, if the notice is not feasible, and if the
9owner of the residence notifies the owner or operator of the
10community water supply of the replacement of a portion of the
11lead service line after the work is done, then the owner or
12operator of the community water supply must replace the
13remainder of the lead service line within 90 days.
14    Section 35. Non-community water supplies. The requirements
15of this Act do not apply to non-community water supplies.
16    Section 40. The Department of Commerce and Economic
17Opportunity Law of the Civil Administrative Code of Illinois is
18amended by adding Section 605-870 as follows:
19    (20 ILCS 605/605-870 new)
20    Sec. 605-870. Low-income water assistance policy and
22    (a) The Department shall by rule establish a comprehensive
23low-income water assistance policy and program that



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1incorporates financial assistance and includes, but is not
2limited to, water efficiency or water quality projects, such as
3lead service line replacement, or other measures to ensure that
4residents have access to affordable and clean water. The policy
5and program shall not jeopardize the ability of public
6utilities, community water supplies, or other entities to
7receive just compensation for providing services. The
8resources applied in achieving the policy and program shall be
9coordinated and efficiently used through the integration of
10public programs and through the targeting of assistance. The
11Department shall use all appropriate and available means to
12fund this program and, to the extent possible, identify and use
13sources of funding that complement State tax revenues. The rule
14shall be finalized within 180 days of the effective date of
15this Act, or within 60 days of receiving an appropriation for
16the program.
17    (b) Any person who is a resident of the State and whose
18household income is not greater than an amount determined
19annually by the Department may apply for assistance under this
20Section in accordance with rules adopted by the Department. In
21setting the annual eligibility level, the Department shall
22consider the amount of available funding and may not set a
23limit higher than 150 percent of the poverty guidelines updated
24periodically in the Federal Register by the U.S. Department of
25Health and Human Services under the authority of 42 U.S.C.



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1    (c) Applicants who qualify for assistance under subsection
2(b) shall, subject to appropriation from the General Assembly
3and subject to availability of funds to the Department, receive
4assistance as provided in this Section. The Department, upon
5receipt of moneys authorized under this Section for assistance,
6shall commit funds for each qualified applicant in an amount
7determined by the Department. In determining the amounts of
8assistance to be provided to or on behalf of a qualified
9applicant, the Department shall ensure that the highest amounts
10of assistance go to households with the greatest water costs in
11relation to household income. The Department may consider
12factors such as water costs, household size, household income,
13and region of the State when determining individual household
14benefits. In adopting rules for the administration of this
15Section, the Department shall ensure that a minimum of
16one-third of the funds for the program are available for
17benefits to eligible households with the lowest incomes and
18that elderly households, households with persons with
19disabilities, and households with children under 6 years of age
20are offered a priority application period.
21    (d) Application materials for the program shall be made
22available in multiple languages.
23    (e) The Department may adopt any rules necessary to
24implement this Section.
25    Section 45. The Public Utilities Act is amended by changing



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1Section 8-306 as follows:
2    (220 ILCS 5/8-306)
3    Sec. 8-306. Special provisions relating to water and sewer
5    (a) No later than 120 days after the effective date of this
6amendatory Act of the 94th General Assembly, the Commission
7shall prepare, make available to customers upon request, and
8post on its Internet web site information concerning the
9service obligations of water and sewer utilities and remedies
10that a customer may pursue for a violation of the customer's
11rights. The information shall specifically address the rights
12of a customer of a water or sewer utility in the following
14        (1) The customer's water meter is replaced.
15        (2) The customer's bill increases by more than 50%
16    within one billing period.
17        (3) The customer's water service is terminated.
18        (4) The customer wishes to complain after receiving a
19    termination of service notice.
20        (5) The customer is unable to make payment on a billing
21    statement.
22        (6) A rate is filed, including without limitation a
23    surcharge or annual reconciliation filing, that will
24    increase the amount billed to the customer.
25        (7) The customer is billed for services provided prior



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1    to the date covered by the billing statement.
2        (8) The customer is due to receive a credit.
3    Each billing statement issued by a water or sewer utility
4shall include an Internet web site address where the customer
5can view the information required under this subsection (a) and
6a telephone number that the customer may call to request a copy
7of the information.
8    (b) A water or sewer utility may discontinue service only
9after it has mailed or delivered by other means a written
10notice of discontinuance substantially in the form of Appendix
11A of 83 Ill. Adm. Code 280. The notice must include the
12Internet web site address where the customer can view the
13information required under subsection (a) and a telephone
14number that the customer may call to request a copy of the
15information. Any notice required to be delivered or mailed to a
16customer prior to discontinuance of service shall be delivered
17or mailed separately from any bill. Service shall not be
18discontinued until at least 5 days after delivery or 8 days
19after the mailing of this notice. Service shall not be
20discontinued and shall be restored if discontinued for the
21reason which is the subject of a dispute or complaint during
22the pendency of informal or formal complaint procedures of the
23Illinois Commerce Commission under 83 Ill. Adm. Code 280.160 or
24280.170, where the customer has complied with those rules.
25Service shall not be discontinued and shall be restored if
26discontinued where a customer has established a deferred



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1payment agreement pursuant to 83 Ill. Adm. Code 280.110 and has
2not defaulted on such agreement. Residential customers who are
3indebted to a utility for past due utility service shall have
4the opportunity to make arrangements with the utility to retire
5the debt by periodic payments, referred to as a deferred
6payment agreement, unless this customer has failed to make
7payment under such a plan during the past 12 months. The terms
8and conditions of a reasonable deferred payment agreement shall
9be determined by the utility after consideration of the
10following factors, based upon information available from
11current utility records or provided by the customer or
13        (1) size of the past due account;
14        (2) customer or applicant's ability to pay;
15        (3) customer or applicant's payment history;
16        (4) reason for the outstanding indebtedness; and
17        (5) any other relevant factors relating to the
18    circumstances of the customer or applicant's service.
19A residential customer shall pay a maximum of one-fourth of the
20amount past due and owing at the time of entering into the
21deferred payment agreement, and the water or sewer utility
22shall allow a minimum of 2 months from the date of the
23agreement and a maximum of 12 months for payment to be made
24under a deferred payment agreement. Late payment charges may be
25assessed against the amount owing that is the subject of a
26deferred payment agreement.



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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; nonrevenue
9unaccounted-for water. Each By December 31, 2006, each water
10public utility shall file tariffs with the Commission to
11establish the maximum percentage of nonrevenue unaccounted-for
12water that would be considered in the determination of any
13rates or surcharges. The rates or surcharges approved for a
14water public utility shall not include charges for nonrevenue
15unaccounted-for water in excess of this maximum percentage
16without well-documented support and justification for the
17Commission to consider in any request to recover charges in
18excess of the tariffed maximum percentage.
19    (n) Rate increases; public forums. When any public utility
20providing water or sewer service proposes a general rate
21increase, in addition to other notice requirements, the water
22or sewer public utility must notify its customers of their
23right to request a public forum. A customer or group of
24customers must make written request to the Commission for a
25public forum and must also provide written notification of the
26request to the customer's municipal or, for unincorporated



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1areas, township government. The Commission, at its discretion,
2may schedule the public forum. If it is determined that public
3forums are required for multiple municipalities or townships,
4the Commission shall schedule these public forums, in locations
5within approximately 45 minutes drive time of the
6municipalities or townships for which the public forums have
7been scheduled. The public utility must provide advance notice
8of 30 days for each public forum to the governing bodies of
9those units of local government affected by the increase. The
10day of each public forum shall be selected so as to encourage
11the greatest public participation. Each public forum will begin
12at 7:00 p.m. Reports and comments made during or as a result of
13each public forum must be made available to the hearing
14officials and reviewed when drafting a recommended or tentative
15decision, finding or order pursuant to Section 10-111 of this
17    (o) The Commission may allow or direct a water utility to
18establish a customer assistance program that provides
19financial relief to residential customers who qualify for
20income-related assistance.
21    A customer assistance program established under this
22subsection that affects rates and charges for service is not
23discriminatory for purposes of this Act or any other law
24regulating rates and charges for service. In considering
25whether to approve a water utility's proposed customer
26assistance program, the Commission must determine that a



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1customer assistance program established under this subsection
2is in the public interest.
3    The Commission shall adopt rules to implement this
4subsection. These rules shall require customer assistance
5programs under this subsection to coordinate with utility
6energy efficiency programs and the Illinois Home
7Weatherization Assistance Program for the purpose of informing
8eligible customers of additional resources that may help the
9customer conserve water.
10    (p) In this subsection, "cost of service" means the total
11annual operation and maintenance expenses and capital-related
12costs incurred in meeting the various aspects of providing
13water or sanitary sewer service.
14    Within one year after the effective date of this amendatory
15Act of the 101st General Assembly, an entity subject to the
16federal Safe Drinking Water Act and the federal Clean Water Act
17that serves or provides water or sewer services to a population
18of more than 3,300 shall prepare a summary of its cost of
19service for calendar year 2016.
20    A summary prepared under this subsection shall be submitted
21to the Environmental Protection Agency electronically and
22shall include any standardized forms, tables, or text specified
23by the Director of the Agency. The Agency shall post all such
24summaries on the Agency's website for public viewing and in a
25timely manner after the Agency receives them. If an entity is
26required to submit a cost of service summary or similar



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1document to another State agency, the entity may submit its
2report to the Agency in the form required by that State agency.
3(Source: P.A. 94-950, eff. 6-27-06.)
4    (415 ILCS 5/17.11 rep.)
5    Section 50. The Environmental Protection Act is amended by
6repealing Section 17.11.
7    Section 99. Effective date. This Act takes effect upon
8becoming law.