Full Text of HB3035 101st General Assembly
HB3035sam001 101ST GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 5/3/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3035
| 2 | | AMENDMENT NO. ______. Amend House Bill 3035 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Lead | 5 | | Service Line Replacement and Notification Act. | 6 | | Section 5. Purpose. The purpose of this Act is to: (1) | 7 | | require the owners and operators of community water supplies to | 8 | | develop, implement, and maintain a comprehensive water service | 9 | | line material inventory and a comprehensive lead service line | 10 | | replacement plan, provide notice to occupants of potentially | 11 | | affected buildings before any construction or repair work on | 12 | | water mains or lead service lines, and to request access to | 13 | | potentially affected buildings before replacing lead service | 14 | | lines; and (2) to prohibit partial lead service line | 15 | | replacements. |
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| 1 | | Section 10. Definitions. As used in this Act, unless the | 2 | | context otherwise clearly requires: | 3 | | "Agency" means the Illinois Environmental Protection | 4 | | Agency. | 5 | | "Board" means the Illinois Pollution Control Board. | 6 | | "Community water supply" has the meaning ascribed to it in | 7 | | Section 3.145 of the Environmental Protection Act. | 8 | | "Department" means the Illinois Department of Public | 9 | | Health. | 10 | | "Emergency repair" means any unscheduled water main, water | 11 | | service, or water valve repair or replacement that results from | 12 | | failure or accident. | 13 | | "Lead service line" means a service line made of lead or a | 14 | | service line connected to a lead pigtail, lead gooseneck, or | 15 | | other lead fitting. | 16 | | "Material inventory" means a water service line material | 17 | | inventory developed by a community water supply pursuant to | 18 | | this Act. | 19 | | "Non-community water supply" has the meaning ascribed to it | 20 | | in Section 3.145 of the Environmental Protection Act. | 21 | | "NSF/ANSI Standard" means a water treatment standard | 22 | | developed by NSF International. | 23 | | "Partial lead service line replacement" means replacement | 24 | | of only a portion of a lead service line. | 25 | | "Potentially affected building" means any building that is | 26 | | provided water service through a service line that is either a |
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| 1 | | lead service line or a suspected lead service line. | 2 | | "Public water supply" has the meaning ascribed to it in | 3 | | Section 3.365 of the Environmental Protection Act. | 4 | | "Service line" means the piping, tubing, and necessary | 5 | | appurtenances installed on any conduit from the water main or | 6 | | source of potable water supply to the building plumbing at the | 7 | | first shut-off valve or 18 inches inside the building, | 8 | | whichever is shorter. | 9 | | "Suspected lead service line" means a service line that is | 10 | | suspected to be a lead service line. | 11 | | "Small system" means a community water supply that | 12 | | regularly serves water to 3,300 or fewer persons. | 13 | | Section 15. Material inventories. | 14 | | (a) The owner or operator of each community water supply | 15 | | shall: | 16 | | (1) develop an initial material inventory and submit | 17 | | the material inventory electronically to the Agency by | 18 | | April 15, 2020; | 19 | | (2) update its material inventory and submit the | 20 | | updated material inventory electronically to the Agency by | 21 | | April 15, 2021, and each April 15 thereafter, until the | 22 | | owner or operator has substantially completed an inventory | 23 | | of all service lines in its system; and | 24 | | (3) after the Agency has initially reviewed and | 25 | | approved the community water supply's substantially |
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| 1 | | complete inventory, the community water supply shall | 2 | | update its inventory no less than every 3 years and shall | 3 | | submit any revisions, if necessary, to the Agency. | 4 | | (b) The Agency shall review each material inventory | 5 | | submitted to it under this Section. If the Agency determines | 6 | | that the community water supply is making substantial progress | 7 | | toward characterizing the materials of all service lines | 8 | | connected to its distribution system, with a priority on | 9 | | identifying all lead service lines connected to its | 10 | | distribution system, then the Agency shall approve the material | 11 | | inventory. | 12 | | (c) Each material inventory prepared for a community water | 13 | | supply shall identify: | 14 | | (1) the total number of service lines connected to the | 15 | | community water supply's distribution system; | 16 | | (2) the materials of construction of each service line | 17 | | connected to the community water supply's distribution | 18 | | system; | 19 | | (3) the number of suspected lead service lines that | 20 | | were newly identified in the material inventory for the | 21 | | community water supply after the community water supply | 22 | | last submitted a service line inventory to the Agency; and | 23 | | (4) the number of suspected or known lead service lines | 24 | | that were replaced after the community water supply last | 25 | | submitted a service line inventory to the Agency, and the | 26 | | material of the service line that replaced each lead |
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| 1 | | service line. | 2 | | When identifying the materials of construction under | 3 | | paragraph (2) of this subsection, the owner or operator of the | 4 | | community water supply shall identify the type of construction | 5 | | material used on the customer's side of the curb box or meter | 6 | | or other line of demarcation and the community water supply's | 7 | | side of the curb box or meter or other line of demarcation. | 8 | | (d) In substantially completing its material inventory, | 9 | | the owner or operator of each community water supply shall: | 10 | | (1) prioritize inspections of high-risk areas | 11 | | identified by the community water supply and inspections of | 12 | | high-risk facilities, such as preschools, daycares, parks, | 13 | | playgrounds, hospitals, and clinics, and confirm service | 14 | | line materials in those areas and at those facilities; | 15 | | (2) review historical documentation, such as | 16 | | construction logs or cards, as-built drawings, purchase | 17 | | orders, and subdivision plans, to determine service line | 18 | | material construction; | 19 | | (3) when conducting distribution system maintenance, | 20 | | visually inspect service lines and document materials of | 21 | | construction; | 22 | | (4) identify any time period when the service lines | 23 | | being connected to its distribution system were primarily | 24 | | lead service lines, if such a time period is known or | 25 | | suspected; and | 26 | | (5) discuss service line repair and installation with |
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| 1 | | its employees, plumbers who worked on service lines | 2 | | connected to its distribution system, or both. | 3 | | (e) The owner or operator of each community water supply | 4 | | shall maintain records of persons who refuse to grant access to | 5 | | the interior of a building for purposes of identifying the | 6 | | materials of construction of a service line. If a community | 7 | | water supply has been denied access to the interior of a | 8 | | building for that reason, then the community water supply may | 9 | | identify the service line as a suspected lead service line. | 10 | | (f) If a community water supply identifies a lead service | 11 | | line connected to a building, the owner or operator of the | 12 | | community water supply shall notify the owner of the building | 13 | | and all occupants of the building of the existence of the lead | 14 | | service line within 15 days after identifying the lead service | 15 | | line, or as soon as is reasonably possible thereafter. | 16 | | (g) Nothing in this Section shall be construed to require | 17 | | service lines to be unearthed for the sole purpose of | 18 | | inventorying. | 19 | | (h) An owner or operator of a community water supply has no | 20 | | duty to include in the material inventory required under this | 21 | | Section information about service lines that are physically | 22 | | disconnected from a water main in its distribution system. | 23 | | (i) When conducting engineering evaluations of community | 24 | | water supplies, the Agency may conduct a separate audit to | 25 | | identify progress that the community water supply has made | 26 | | toward completing the material inventory required under this |
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| 1 | | Act. | 2 | | (j) The owner or operator of each community water supply | 3 | | shall post on its website a copy of the material inventory most | 4 | | recently approved by the Agency or shall request that the | 5 | | Agency post a copy of that material inventory on the Agency's | 6 | | website. | 7 | | (k) The Agency shall by rule define "substantial progress", | 8 | | "substantially completed", and "suspected lead service line". | 9 | | In determining these definitions, the Agency shall give primary | 10 | | consideration to the impact of lead on public health, | 11 | | especially with respect to high-risk areas. | 12 | | Section 20. Lead service line replacement plans. | 13 | | (a) Every owner or operator of a community water supply | 14 | | that has known or suspected lead service lines shall: | 15 | | (1) create a plan to: | 16 | | (A) replace each lead service line connected to its | 17 | | distribution system; | 18 | | (B) replace each galvanized service line connected | 19 | | to its distribution system, if the galvanized service | 20 | | line is or was connected downstream to lead piping; | 21 | | (C) determine the materials of construction of | 22 | | suspected lead service lines and service lines of | 23 | | unknown materials; and | 24 | | (D) propose a timeline for review and regular | 25 | | revisions of the lead service line replacement plan; |
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| 1 | | and | 2 | | (2) electronically submit, by April 15, 2021, its lead | 3 | | service line replacement plan to the Agency for approval; | 4 | | and | 5 | | (3) post on its website a copy of the plan most | 6 | | recently approved by the Agency or request that the Agency | 7 | | post a copy of that plan on the Agency's website. | 8 | | (b) Each plan required under subsection (a) shall include | 9 | | the following: | 10 | | (1) the name and identification number of the community | 11 | | water supply; | 12 | | (2) the total number of service lines connected to the | 13 | | distribution system of the community water supply; | 14 | | (3) the total number of suspected lead service lines | 15 | | connected to the distribution system of the community water | 16 | | supply; | 17 | | (4) the total number of known lead service lines | 18 | | connected to the distribution system of the community water | 19 | | supply; | 20 | | (5) the total number of lead service lines connected to | 21 | | the distribution system of the community water supply that | 22 | | have been replaced each year beginning in 2018; | 23 | | (6) a proposed lead service line replacement schedule | 24 | | that includes one-year, 5-year, and 10-year goals; | 25 | | (7) the estimated total number of remaining years until | 26 | | all known lead service lines have been replaced or |
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| 1 | | suspected lead service lines have been determined to be | 2 | | made of materials other than lead, and the estimated year | 3 | | in which lead service line replacement will be complete; | 4 | | (8) an analysis of costs and financing options for | 5 | | replacing the lead service lines connected to the community | 6 | | water supply's distribution system, which shall include, | 7 | | but shall not be limited to: | 8 | | (A) a detailed accounting of costs associated with | 9 | | replacing lead service lines and galvanized lines that | 10 | | are or were connected downstream to lead piping; | 11 | | (B) measures to address affordability for | 12 | | customers or ratepayers; and | 13 | | (C) consideration of different scenarios for | 14 | | structuring payments between the utility and its | 15 | | customers over time; and | 16 | | (9) a feasibility and affordability plan that | 17 | | includes, but is not limited to, information on how the | 18 | | community water supply intends to fund or finance lead | 19 | | service line replacement, in different situations, such as | 20 | | those situations including, but not limited to, where the | 21 | | community water supply pays for: | 22 | | (A) the portion of the service lines owned by the | 23 | | community water supply and the property owner pays for | 24 | | the portion he or she owns; | 25 | | (B) the entire replacement and has a low interest | 26 | | loan for the property owner to pay for the replacement |
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| 1 | | over time on his or her water bill; or | 2 | | (C) the entire replacement; and | 3 | | (10) a plan for prioritizing high-risk facilities, | 4 | | such as preschools, daycares, parks, playgrounds, | 5 | | hospitals, and clinics, as well as high-risk areas | 6 | | identified by the community water supply; | 7 | | (11) a map of the areas where lead service lines are | 8 | | expected to be found and the sequence with which those | 9 | | areas will be inventoried and lead service lines replaced; | 10 | | and | 11 | | (12) measures for how the community water supply will | 12 | | inform the public of the plan and provide opportunity for | 13 | | public comment. | 14 | | (c) The Agency shall review each plan submitted to it under | 15 | | this Section. The Agency shall approve a plan if the plan | 16 | | includes all of the elements set forth in subsection (b) and | 17 | | the Agency if it determines that: | 18 | | (1) the proposed lead service line replacement | 19 | | schedule set forth in the plan, including the one-year, | 20 | | 5-year, and 10-year goals in the plan and the estimated | 21 | | date by which all lead service lines will be replaced, are | 22 | | reasonable; | 23 | | (2) the plan prioritizes the replacement of lead | 24 | | service lines that provide water service to high-risk | 25 | | facilities, such as preschools, daycares, parks, | 26 | | playgrounds, hospitals, and clinics, and high-risk areas |
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| 1 | | identified by the community water supply; | 2 | | (3) the plan includes an analysis of cost and financing | 3 | | options; and | 4 | | (4) the plan provides an opportunity for public review. | 5 | | (d) An owner or operator of a community water supply has no | 6 | | duty to include in the plans required under this Section | 7 | | information about service lines that are physically | 8 | | disconnected from a water main in its distribution system. | 9 | | Section 25. Lead service line replacement requirements. | 10 | | (a) When a community water supply replaces a water main, | 11 | | the community water supply shall identify all lead service | 12 | | lines connected to the water main and shall replace, in | 13 | | accordance with its lead service line replacement plan, the | 14 | | lead service lines by: | 15 | | (1) identifying the material or materials of each | 16 | | service line connected to the water main, including, but | 17 | | not limited to, any portion of the service line (i) running | 18 | | on private property and (ii) within the building plumbing | 19 | | at the first shut-off valve or 18 inches inside the | 20 | | building, whichever is shorter; and | 21 | | (2) in conjunction with replacement of the water main, | 22 | | replacing any and all portions of each service line | 23 | | connected to that water main that are composed of lead. | 24 | | In the event of an emergency repair that affects a lead | 25 | | service line or a suspected lead service line, a community |
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| 1 | | water supply must contact the building owner to begin the | 2 | | process of replacing the entire service line. If the building | 3 | | owner is not able to be contacted or the building owner or | 4 | | occupant refuses to grant access and permission to replace the | 5 | | entire service line at the time of the emergency repair, then | 6 | | the community water supply may perform a partial lead service | 7 | | line replacement. When a partial lead service line replacement | 8 | | occurs due to an emergency repair, the community water supply | 9 | | must (i) provide filters, for each kitchen area, that meet the | 10 | | requirements of NSF/ANSI Standard 53, which is hereby | 11 | | incorporated by reference, and (ii) must replace the remaining | 12 | | portion of the lead service line within 30 days of the | 13 | | emergency repair unless access is denied under Section 30. A | 14 | | community water supply may take up to 120 days if necessary due | 15 | | to weather conditions. If a replacement takes longer than 30 | 16 | | days, provided filters must be replaced in accordance with the | 17 | | manufacturer's recommendations. Partial lead service line | 18 | | replacement by the owner or operator of a community water | 19 | | supply is otherwise prohibited. | 20 | | (b) If an owner of a potentially affected building intends | 21 | | to replace a portion of a lead service line or a galvanized | 22 | | service line, if the galvanized service line is or was | 23 | | connected downstream to lead piping, then the owner of the | 24 | | potentially affected building shall provide the owner or | 25 | | operator of the community water supply with notice at least 45 | 26 | | days before commencing the work. In the case of an emergency |
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| 1 | | repair, if the owner of the potentially affected building | 2 | | notifies the owner or operator of the community water supply of | 3 | | the replacement of a portion of the lead service line after the | 4 | | emergency repair is completed, then the owner or operator of | 5 | | the community water supply must provide filters certified to | 6 | | remove lead and replace the remainder of the lead service line | 7 | | within 30 days after completion of the emergency repair. A | 8 | | community water supply may take up to 120 days if necessary due | 9 | | to weather conditions. If a replacement takes longer than 30 | 10 | | days, provided filters must be replaced every 30 days | 11 | | thereafter. Partial lead service line replacements by the | 12 | | owners of potentially affected buildings are otherwise | 13 | | prohibited. | 14 | | Section 30. Request for private property access. | 15 | | (a) At least one month before conducting planned lead | 16 | | service line replacement, the owner or operator of a community | 17 | | water supply shall, by certified mail, attempt to contact the | 18 | | owner of the potentially affected building serviced by the lead | 19 | | service line to request access to the building and permission | 20 | | to replace the lead service line in accordance with the lead | 21 | | service line replacement plan. If the owner of the potentially | 22 | | affected building does not respond to that request within 2 | 23 | | weeks after the request is sent, the owner or operator of the | 24 | | community water supply shall attempt to post the request on the | 25 | | entryway of the potentially affected building. |
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| 1 | | (b) If the owner or operator of a community water supply is | 2 | | unable to obtain approval to access and replace the lead | 3 | | service line, the owner or operator of the community water | 4 | | supply shall request that the owner of the potentially affected | 5 | | building sign a waiver. The waiver shall be developed by the | 6 | | Department and should be made available in the owner's | 7 | | language. If the owner of the potentially affected building | 8 | | refuses to sign the waiver, or fails to respond to the | 9 | | community water supply after the community water supply has | 10 | | complied with subsection (a), the community water supply shall | 11 | | notify the Department in writing within 15 working days. | 12 | | Section 35. Construction notice. | 13 | | (a) When replacing a lead service line or repairing or | 14 | | replacing water mains with lead service lines or partial lead | 15 | | service lines attached to them, the owner or operator of a | 16 | | community water supply shall provide the owner of each | 17 | | potentially affected building that is serviced by the affected | 18 | | lead service lines or partial lead service lines, as well as | 19 | | the occupants of those buildings, with an individual written | 20 | | notice that includes, at a minimum, the following: | 21 | | (1) a warning that the work may result in sediment, | 22 | | possibly containing lead from the service line, in the | 23 | | building's water; | 24 | | (2) information concerning the best practices for | 25 | | preventing exposure to or risk of consumption of lead in |
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| 1 | | drinking water, including a recommendation to flush water | 2 | | lines during and after the completion of the repair or | 3 | | replacement work and to clean faucet aerator screens; and | 4 | | (3) information regarding the dangers of lead exposure | 5 | | to young children and pregnant women. | 6 | | (b) When the individual written notice described in | 7 | | subsection (a) is required as a result of planned work other | 8 | | than the repair or replacement of a water meter, the owner or | 9 | | operator of the community water supply shall provide the notice | 10 | | not less than 14 days before work begins. When the individual | 11 | | written notice described in subsection (a) is required as a | 12 | | result of emergency repairs other than the repair or | 13 | | replacement of a water meter, the owner or operator of the | 14 | | community water supply shall provide the notice as soon as is | 15 | | reasonably possible. When the individual written notice | 16 | | described in subsection (a) is required as a result of the | 17 | | repair or replacement of a water meter, the owner or operator | 18 | | of the community water supply shall provide the notice at the | 19 | | time the work is initiated. | 20 | | (c) If a community water supply serves a significant | 21 | | proportion of non-English speaking consumers, the | 22 | | notifications required under this Section must contain | 23 | | information in the appropriate language regarding the | 24 | | importance of the notice and a telephone number or address | 25 | | where a person may contact the owner or operator of the | 26 | | community water supply to obtain a translated copy of the |
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| 1 | | notification or request assistance in the appropriate | 2 | | language. | 3 | | (d) An owner or operator of a community water supply that | 4 | | is required under this Section to provide an individual written | 5 | | notice to the owner and occupants of a potentially affected | 6 | | building that is a multi-dwelling building may satisfy that | 7 | | requirement and the requirements of subsection (c) by posting | 8 | | the required notice on the primary entranceway of the building | 9 | | and at the location where the occupant's mail is delivered as | 10 | | reasonably as possible. | 11 | | (e) When this Section would require the owner or operator | 12 | | of a community water supply to provide an individual written | 13 | | notice to the entire community served by the community water | 14 | | supply or would require the owner or operator of a community | 15 | | water supply to provide individual written notices as a result | 16 | | of emergency repairs or when the community water supply that is | 17 | | required to comply with this Section is a small system, the | 18 | | owner or operator of the community water supply may provide the | 19 | | required notice through local media outlets, social media, or | 20 | | other similar means in lieu of providing the individual written | 21 | | notices otherwise required under this Section. | 22 | | (f) No notifications are required under this Section for | 23 | | work performed on water mains that are used to transmit treated | 24 | | water between community water supplies and that have no service | 25 | | connections. |
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| 1 | | Section 40. Replacement program progress reports. The | 2 | | owner or operator of each community water supply shall include | 3 | | the following information in the annual consumer confidence | 4 | | report required under the United States Environmental | 5 | | Protection Agency's National Primary Drinking Water | 6 | | Regulations: | 7 | | (1) an estimate of the number of known or suspected | 8 | | lead service lines connected to its distribution system; | 9 | | and | 10 | | (2) a statement describing progress that has been made | 11 | | toward replacing lead service lines connected to its | 12 | | distribution system. | 13 | | Section 50. Board review. Authority is hereby vested in the | 14 | | Illinois Pollution Control Board to conduct hearings to review | 15 | | final actions of the Agency. | 16 | | Section 55. Community water supply liability. To the extent | 17 | | allowed by law, community water supplies shall be held harmless | 18 | | for damage to property when installing water service lines. If | 19 | | dangers are encountered that prevent the replacement of the | 20 | | lead service line, the community water supply shall notify the | 21 | | Department within 15 working days of why the replacement of the | 22 | | lead service could not be accomplished. | 23 | | Section 60. Rules. |
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| 1 | | (a) The Agency may propose and the Board may adopt any | 2 | | rules necessary to implement and administer this Act. | 3 | | (b) The Department may adopt rules necessary to implement | 4 | | and administer this Act and to address lead service lines | 5 | | attached to non-community water supplies.
| 6 | | Section 100. The Department of Commerce and Economic | 7 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 8 | | amended by adding Section 605-870 as follows: | 9 | | (20 ILCS 605/605-870 new) | 10 | | Sec. 605-870. Low-income water assistance policy and | 11 | | program. | 12 | | (a) The Department shall by rule establish a comprehensive | 13 | | low-income water assistance policy and program that | 14 | | incorporates financial assistance and includes, but is not | 15 | | limited to, water efficiency or water quality projects, such as | 16 | | lead service line replacement, or other measures to ensure that | 17 | | residents have access to affordable and clean water. The policy | 18 | | and program shall not jeopardize the ability of public | 19 | | utilities, community water supplies, or other entities to | 20 | | receive just compensation for providing services. The | 21 | | resources applied in achieving the policy and program shall be | 22 | | coordinated and efficiently used through the integration of | 23 | | public programs and through the targeting of assistance. The | 24 | | Department shall use all appropriate and available means to |
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| 1 | | fund this program and, to the extent possible, identify and use | 2 | | sources of funding that complement State tax revenues. The rule | 3 | | shall be finalized within 180 days after the effective date of | 4 | | this Act, or within 60 days after receiving an appropriation | 5 | | for the program. | 6 | | (b) Any person who is a resident of the State and whose | 7 | | household income is not greater than an amount determined | 8 | | annually by the Department may apply for assistance under this | 9 | | Section in accordance with rules adopted by the Department. In | 10 | | setting the annual eligibility level, the Department shall | 11 | | consider the amount of available funding and may not set a | 12 | | limit higher than 150% of the poverty guidelines updated | 13 | | periodically in the Federal Register by the U.S. Department of | 14 | | Health and Human Services under the authority of 42 U.S.C. | 15 | | 9902(2). | 16 | | (c) Applicants who qualify for assistance under subsection | 17 | | (b) shall, subject to appropriation from the General Assembly | 18 | | and subject to availability of funds to the Department, receive | 19 | | assistance as provided in this Section. The Department, upon | 20 | | receipt of moneys authorized under this Section for assistance, | 21 | | shall commit funds for each qualified applicant in an amount | 22 | | determined by the Department. In determining the amounts of | 23 | | assistance to be provided to or on behalf of a qualified | 24 | | applicant, the Department shall ensure that the highest amounts | 25 | | of assistance go to households with the greatest water costs in | 26 | | relation to household income. The Department may consider |
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| 1 | | factors such as water costs, household size, household income, | 2 | | and region of the State when determining individual household | 3 | | benefits. In adopting rules for the administration of this | 4 | | Section, the Department shall ensure that a minimum of | 5 | | one-third of the funds for the program are available for | 6 | | benefits to eligible households with the lowest incomes and | 7 | | that elderly households, households with persons with | 8 | | disabilities, and households with children under 6 years of age | 9 | | are offered a priority application period. | 10 | | (d) Application materials for the program shall be made | 11 | | available in multiple languages. | 12 | | (e) The Department may adopt any rules necessary to | 13 | | implement this Section. | 14 | | Section 105. The Public Utilities Act is amended by | 15 | | changing Section 8-306 as follows: | 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 web site information concerning the | 23 | | service obligations of water and sewer utilities and remedies | 24 | | that a customer may pursue for a violation of the customer's |
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| 1 | | rights. The information shall specifically address the rights | 2 | | of a customer of a water or sewer utility in the following | 3 | | situations: | 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 | 19 | | shall include an Internet web site address where the customer | 20 | | can view the information required under this subsection (a) and | 21 | | a telephone number that the customer may call to request a copy | 22 | | of the information.
| 23 | | (b) A water or sewer utility may discontinue service only | 24 | | after it has mailed or delivered by other means a written | 25 | | notice of discontinuance substantially in the form of Appendix | 26 | | A of 83 Ill. Adm. Code 280. The notice must include the |
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| 1 | | Internet web site address where the customer can view the | 2 | | information required under subsection (a) and a telephone | 3 | | number that the customer may call to request a copy of the | 4 | | information. Any notice required to be delivered or mailed to a | 5 | | customer prior to discontinuance of service shall be delivered | 6 | | or mailed separately from any bill. Service shall not be | 7 | | discontinued until at least 5 days after delivery or 8 days | 8 | | after the mailing of this notice. Service shall not be | 9 | | discontinued and shall be restored if discontinued for the | 10 | | reason which is the subject of a dispute or complaint during | 11 | | the pendency of informal or formal complaint procedures of the | 12 | | Illinois Commerce Commission under 83 Ill. Adm. Code 280.160 or | 13 | | 280.170, where the customer has complied with those rules. | 14 | | Service shall not be discontinued and shall be restored if | 15 | | discontinued where a customer has established a deferred | 16 | | payment agreement pursuant to 83 Ill. Adm. Code 280.110 and has | 17 | | not defaulted on such agreement. Residential customers who are | 18 | | indebted to a utility for past due utility service shall have | 19 | | the opportunity to make arrangements with the utility to retire | 20 | | the debt by periodic payments, referred to as a deferred | 21 | | payment agreement, unless this customer has failed to make | 22 | | payment under such a plan during the past 12 months. The terms | 23 | | and conditions of a reasonable deferred payment agreement shall | 24 | | be determined by the utility after consideration of the | 25 | | following factors, based upon information available from | 26 | | current utility records or provided by the customer or |
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| 1 | | applicant: | 2 | | (1) size of the past due account; | 3 | | (2) customer or applicant's ability to pay; | 4 | | (3) customer or applicant's payment history; | 5 | | (4) reason for the outstanding indebtedness; and | 6 | | (5) any other relevant factors relating to the | 7 | | circumstances of the customer or applicant's service.
| 8 | | A residential customer shall pay a maximum of one-fourth of the | 9 | | amount past due and owing at the time of entering into the | 10 | | deferred payment agreement, and the water or sewer utility | 11 | | shall allow a minimum of 2 months from the date of the | 12 | | agreement and a maximum of 12 months for payment to be made | 13 | | under a deferred payment agreement. Late payment charges may be | 14 | | assessed against the amount owing that is the subject of a | 15 | | deferred payment agreement. | 16 | | (c) A water or sewer utility shall provide notice as | 17 | | required by subsection (a) of Section 9-201 after the filing of | 18 | | each information sheet under a purchased water surcharge, | 19 | | purchased sewage treatment surcharge, or qualifying | 20 | | infrastructure plant surcharge. The utility also shall post | 21 | | notice of the filing in accordance with the requirements of 83 | 22 | | Ill. Adm. Code 255. Unless filed as part of a general rate | 23 | | increase, notice of the filing of a purchased water surcharge | 24 | | rider, purchased sewage treatment surcharge rider, or | 25 | | qualifying infrastructure plant surcharge rider also shall be | 26 | | given in the manner required by this subsection (c) for the |
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| 1 | | filing of information sheets. | 2 | | (d) Commission rules pertaining to formal and informal | 3 | | complaints against public utilities shall apply with full and | 4 | | equal force to water and sewer utilities and their customers, | 5 | | including provisions of 83 Ill. Adm. Code 280.170, and the | 6 | | Commission shall respond to each complaint by providing the | 7 | | consumer with a copy of the utility's response to the complaint | 8 | | and a copy of the Commission's review of the complaint and its | 9 | | findings. The Commission shall also provide the consumer with | 10 | | all available options for recourse. | 11 | | (e) Any refund shown on the billing statement of a customer | 12 | | of a water or sewer utility must be itemized and must state if | 13 | | the refund is an adjustment or credit. | 14 | | (f) Water service for building construction purposes. At | 15 | | the request of any municipality or township within the service | 16 | | area of a public utility that provides water service to | 17 | | customers within the municipality or township, a public utility | 18 | | must (1) require all water service used for building | 19 | | construction purposes to be measured by meter and subject to | 20 | | approved rates and charges for metered water service and (2) | 21 | | prohibit the unauthorized use of water taken from hydrants or | 22 | | service lines installed at construction sites. | 23 | | (g) Water meters. | 24 | | (1) Periodic testing. Unless otherwise approved by the | 25 | | Commission, each service water meter shall be periodically | 26 | | inspected and tested in accordance with the schedule |
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| 1 | | specified in 83 Ill. Adm. Code 600.340, or more frequently | 2 | | as the results may warrant, to insure that the meter | 3 | | accuracy is maintained within the limits set out in 83 Ill. | 4 | | Adm. Code 600.310. | 5 | | (2) Meter tests requested by customer. | 6 | | (A) Each utility furnishing metered water service | 7 | | shall, without charge, test the accuracy of any meter | 8 | | upon request by the customer served by such meter, | 9 | | provided that the meter in question has not been tested | 10 | | by the utility or by the Commission within 2 years | 11 | | previous to such request. The customer or his or her | 12 | | representatives shall have the privilege of witnessing | 13 | | the test at the option of the customer. A written | 14 | | report, giving the results of the test, shall be made | 15 | | to the customer. | 16 | | (B) When a meter that has been in service less than | 17 | | 2 years since its last test is found to be accurate | 18 | | within the limits specified in 83 Ill. Adm. Code | 19 | | 600.310, the customer shall pay a fee to the utility | 20 | | not to exceed the amounts specified in 83 Ill. Adm. | 21 | | Code 600.350(b). Fees for testing meters not included | 22 | | in this Section or so located that the cost will be out | 23 | | of proportion to the fee specified will be determined | 24 | | by the Commission upon receipt of a complete | 25 | | description of the case. | 26 | | (3) Commission referee tests. Upon written application |
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| 1 | | to the Commission by any customer, a test will be made of | 2 | | the customer's meter by a representative of the Commission. | 3 | | For such a test, a fee as provided for in subsection (g)(2) | 4 | | shall accompany the application. If the meter is found to | 5 | | be registering more than 1.5% fast on the average when | 6 | | tested as prescribed in 83 Ill. Adm. Code 600.310, the | 7 | | utility shall refund to the customer the amount of the fee. | 8 | | The utility shall in no way disturb the meter after a | 9 | | customer has made an application for a referee test until | 10 | | authority to do so is given by the Commission or the | 11 | | customer in writing. | 12 | | (h) Water and sewer utilities; low usage. Each public | 13 | | utility that provides water and sewer service must establish a | 14 | | unit sewer rate, subject to review by the Commission, that | 15 | | applies only to those customers who use less than 1,000 gallons | 16 | | of water in any billing period. | 17 | | (i) Water and sewer utilities; separate meters. Each public | 18 | | utility that provides water and sewer service must offer | 19 | | separate rates for water and sewer service to any commercial or | 20 | | residential customer who uses separate meters to measure each | 21 | | of those services. In order for the separate rate to apply, a | 22 | | combination of meters must be used to measure the amount of | 23 | | water that reaches the sewer system and the amount of water | 24 | | that does not reach the sewer system. | 25 | | (j) Each water or sewer public utility must disclose on | 26 | | each billing statement any amount billed that is for service |
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| 1 | | provided prior to the date covered by the billing statement. | 2 | | The disclosure must include the dates for which the prior | 3 | | service is being billed. Each billing statement that includes | 4 | | an amount billed for service provided prior to the date covered | 5 | | by the billing statement must disclose the dates for which that | 6 | | amount is billed and must include a copy of the document | 7 | | created under subsection (a) and a statement of current | 8 | | Commission rules concerning unbilled or misbilled service. | 9 | | (k) When the customer is due a refund resulting from | 10 | | payment of an overcharge, the utility shall credit the customer | 11 | | in the amount of overpayment with interest from the date of | 12 | | overpayment by the customer. The rate for interest shall be at | 13 | | the appropriate rate determined by the Commission under 83 Ill. | 14 | | Adm. Code 280.70. | 15 | | (l) Water and sewer public utilities; subcontractors. The | 16 | | Commission shall adopt rules for water and sewer public | 17 | | utilities to provide notice to the customers of the proper kind | 18 | | of identification that a subcontractor must present to the | 19 | | customer, to prohibit a subcontractor from soliciting or | 20 | | receiving payment of any kind for any service provided by the | 21 | | water or sewer public utility or the subcontractor, and to | 22 | | establish sanctions for violations. | 23 | | (m) Water and sewer public utilities; non-revenue | 24 | | unaccounted-for water. Each By December 31, 2006, each water | 25 | | public utility shall file tariffs with the Commission to | 26 | | establish the maximum percentage of non-revenue |
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| 1 | | unaccounted-for water that would be considered in the | 2 | | determination of any rates or surcharges. The rates or | 3 | | surcharges approved for a water public utility shall not | 4 | | include charges for non-revenue unaccounted-for water in | 5 | | excess of this maximum percentage without well-documented | 6 | | support and justification for the Commission to consider in any | 7 | | request to recover charges in excess of the tariffed maximum | 8 | | percentage. | 9 | | (n) Rate increases; public forums. When any public utility | 10 | | providing water or sewer service proposes a general rate | 11 | | increase, in addition to other notice requirements, the water | 12 | | or sewer public utility must notify its customers of their | 13 | | right to request a public forum. A customer or group of | 14 | | customers must make written request to the Commission for a | 15 | | public forum and must also provide written notification of the | 16 | | request to the customer's municipal or, for unincorporated | 17 | | areas, township government. The Commission, at its discretion, | 18 | | may schedule the public forum. If it is determined that public | 19 | | forums are required for multiple municipalities or townships, | 20 | | the Commission shall schedule these public forums, in locations | 21 | | within approximately 45 minutes drive time of the | 22 | | municipalities or townships for which the public forums have | 23 | | been scheduled. The public utility must provide advance notice | 24 | | of 30 days for each public forum to the governing bodies of | 25 | | those units of local government affected by the increase. The | 26 | | day of each public forum shall be selected so as to encourage |
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| 1 | | the greatest public participation. Each public forum will begin | 2 | | at 7:00 p.m. Reports and comments made during or as a result of | 3 | | each public forum must be made available to the hearing | 4 | | officials and reviewed when drafting a recommended or tentative | 5 | | decision, finding or order pursuant to Section 10-111 of this | 6 | | Act.
| 7 | | (o) The Commission may allow or direct a water utility to | 8 | | establish a customer assistance program that provides | 9 | | financial relief to residential customers who qualify for | 10 | | income-related assistance. | 11 | | A customer assistance program established under this | 12 | | subsection that affects rates and charges for service is not | 13 | | discriminatory for purposes of this Act or any other law | 14 | | regulating rates and charges for service. In considering | 15 | | whether to approve a water utility's proposed customer | 16 | | assistance program, the Commission must determine that a | 17 | | customer assistance program established under this subsection | 18 | | is in the public interest. | 19 | | The Commission shall adopt rules to implement this | 20 | | subsection. These rules shall require customer assistance | 21 | | programs under this subsection to coordinate with utility | 22 | | energy efficiency programs and the Illinois Home | 23 | | Weatherization Assistance Program for the purpose of informing | 24 | | eligible customers of additional resources that may help the | 25 | | customer conserve water. | 26 | | (Source: P.A. 94-950, eff. 6-27-06.)
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| 1 | | Section 110. The Environmental Protection Act is amended by | 2 | | adding Section 17.12 as follows: | 3 | | (415 ILCS 5/17.12 new) | 4 | | Sec. 17.12. Cost of service study. | 5 | | (a) An entity subject to the federal Safe Drinking Water | 6 | | Act and the federal Clean Water Act that has over 2,000 meter | 7 | | connections shall conduct a cost of service study. The cost of | 8 | | service study may include all revenue recovered from water or | 9 | | sewer bills, and the percentage of the cost of service used for | 10 | | water or sewer capital investment. The cost of service study | 11 | | shall be submitted to the Agency and made available on the | 12 | | Agency's website. The rules adopted by the Board under this | 13 | | Section shall set forth general requirements for submittal and | 14 | | approval of a cost of service study. | 15 | | (b) In this Section, "cost of service" means the total | 16 | | annual operation and maintenance expenses and capital-related | 17 | | costs incurred in meeting the various aspects of providing | 18 | | water or sanitary sewer service. | 19 | | (415 ILCS 5/17.11 rep.) | 20 | | Section 200. The Environmental Protection Act is amended by | 21 | | repealing Section 17.11. | 22 | | Section 999. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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