Sen. Heather A. Steans

Filed: 5/3/2019





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2    AMENDMENT NO. ______. Amend House Bill 3035 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Lead
5Service Line Replacement and Notification Act.
6    Section 5. Purpose. The purpose of this Act is to: (1)
7require the owners and operators of community water supplies to
8develop, implement, and maintain a comprehensive water service
9line material inventory and a comprehensive lead service line
10replacement plan, provide notice to occupants of potentially
11affected buildings before any construction or repair work on
12water mains or lead service lines, and to request access to
13potentially affected buildings before replacing lead service
14lines; and (2) to prohibit partial lead service line



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1    Section 10. Definitions. As used in this Act, unless the
2context otherwise clearly requires:
3    "Agency" means the Illinois Environmental Protection
5    "Board" means the Illinois Pollution Control Board.
6    "Community water supply" has the meaning ascribed to it in
7Section 3.145 of the Environmental Protection Act.
8    "Department" means the Illinois Department of Public
10    "Emergency repair" means any unscheduled water main, water
11service, or water valve repair or replacement that results from
12failure or accident.
13    "Lead service line" means a service line made of lead or a
14service line connected to a lead pigtail, lead gooseneck, or
15other lead fitting.
16    "Material inventory" means a water service line material
17inventory developed by a community water supply pursuant to
18this Act.
19    "Non-community water supply" has the meaning ascribed to it
20in Section 3.145 of the Environmental Protection Act.
21    "NSF/ANSI Standard" means a water treatment standard
22developed by NSF International.
23    "Partial lead service line replacement" means replacement
24of only a portion of a lead service line.
25    "Potentially affected building" means any building that is
26provided water service through a service line that is either a



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1lead service line or a suspected lead service line.
2    "Public water supply" has the meaning ascribed to it in
3Section 3.365 of the Environmental Protection Act.
4    "Service line" means the piping, tubing, and necessary
5appurtenances installed on any conduit from the water main or
6source of potable water supply to the building plumbing at the
7first shut-off valve or 18 inches inside the building,
8whichever is shorter.
9    "Suspected lead service line" means a service line that is
10suspected to be a lead service line.
11    "Small system" means a community water supply that
12regularly serves water to 3,300 or fewer persons.
13    Section 15. Material inventories.
14    (a) The owner or operator of each community water supply
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
5submitted to it under this Section. If the Agency determines
6that the community water supply is making substantial progress
7toward characterizing the materials of all service lines
8connected to its distribution system, with a priority on
9identifying all lead service lines connected to its
10distribution system, then the Agency shall approve the material
12    (c) Each material inventory prepared for a community water
13supply 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
3paragraph (2) of this subsection, the owner or operator of the
4community water supply shall identify the type of construction
5material used on the customer's side of the curb box or meter
6or other line of demarcation and the community water supply's
7side of the curb box or meter or other line of demarcation.
8    (d) In substantially completing its material inventory,
9the 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
4shall maintain records of persons who refuse to grant access to
5the interior of a building for purposes of identifying the
6materials of construction of a service line. If a community
7water supply has been denied access to the interior of a
8building for that reason, then the community water supply may
9identify the service line as a suspected lead service line.
10    (f) If a community water supply identifies a lead service
11line connected to a building, the owner or operator of the
12community water supply shall notify the owner of the building
13and all occupants of the building of the existence of the lead
14service line within 15 days after identifying the lead service
15line, or as soon as is reasonably possible thereafter.
16    (g) Nothing in this Section shall be construed to require
17service lines to be unearthed for the sole purpose of
19    (h) An owner or operator of a community water supply has no
20duty to include in the material inventory required under this
21Section information about service lines that are physically
22disconnected from a water main in its distribution system.
23    (i) When conducting engineering evaluations of community
24water supplies, the Agency may conduct a separate audit to
25identify progress that the community water supply has made
26toward completing the material inventory required under this



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2    (j) The owner or operator of each community water supply
3shall post on its website a copy of the material inventory most
4recently approved by the Agency or shall request that the
5Agency post a copy of that material inventory on the Agency's
7    (k) The Agency shall by rule define "substantial progress",
8"substantially completed", and "suspected lead service line".
9In determining these definitions, the Agency shall give primary
10consideration to the impact of lead on public health,
11especially 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
14that 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
9the 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
15this Section. The Agency shall approve a plan if the plan
16includes all of the elements set forth in subsection (b) and
17the 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
6duty to include in the plans required under this Section
7information about service lines that are physically
8disconnected 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,
11the community water supply shall identify all lead service
12lines connected to the water main and shall replace, in
13accordance with its lead service line replacement plan, the
14lead 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
25service line or a suspected lead service line, a community



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1water supply must contact the building owner to begin the
2process of replacing the entire service line. If the building
3owner is not able to be contacted or the building owner or
4occupant refuses to grant access and permission to replace the
5entire service line at the time of the emergency repair, then
6the community water supply may perform a partial lead service
7line replacement. When a partial lead service line replacement
8occurs due to an emergency repair, the community water supply
9must (i) provide filters, for each kitchen area, that meet the
10requirements of NSF/ANSI Standard 53, which is hereby
11incorporated by reference, and (ii) must replace the remaining
12portion of the lead service line within 30 days of the
13emergency repair unless access is denied under Section 30. A
14community water supply may take up to 120 days if necessary due
15to weather conditions. If a replacement takes longer than 30
16days, provided filters must be replaced in accordance with the
17manufacturer's recommendations. Partial lead service line
18replacement by the owner or operator of a community water
19supply is otherwise prohibited.
20    (b) If an owner of a potentially affected building intends
21to replace a portion of a lead service line or a galvanized
22service line, if the galvanized service line is or was
23connected downstream to lead piping, then the owner of the
24potentially affected building shall provide the owner or
25operator of the community water supply with notice at least 45
26days before commencing the work. In the case of an emergency



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1repair, if the owner of the potentially affected building
2notifies the owner or operator of the community water supply of
3the replacement of a portion of the lead service line after the
4emergency repair is completed, then the owner or operator of
5the community water supply must provide filters certified to
6remove lead and replace the remainder of the lead service line
7within 30 days after completion of the emergency repair. A
8community water supply may take up to 120 days if necessary due
9to weather conditions. If a replacement takes longer than 30
10days, provided filters must be replaced every 30 days
11thereafter. Partial lead service line replacements by the
12owners of potentially affected buildings are otherwise
14    Section 30. Request for private property access.
15    (a) At least one month before conducting planned lead
16service line replacement, the owner or operator of a community
17water supply shall, by certified mail, attempt to contact the
18owner of the potentially affected building serviced by the lead
19service line to request access to the building and permission
20to replace the lead service line in accordance with the lead
21service line replacement plan. If the owner of the potentially
22affected building does not respond to that request within 2
23weeks after the request is sent, the owner or operator of the
24community water supply shall attempt to post the request on the
25entryway of the potentially affected building.



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1    (b) If the owner or operator of a community water supply is
2unable to obtain approval to access and replace the lead
3service line, the owner or operator of the community water
4supply shall request that the owner of the potentially affected
5building sign a waiver. The waiver shall be developed by the
6Department and should be made available in the owner's
7language. If the owner of the potentially affected building
8refuses to sign the waiver, or fails to respond to the
9community water supply after the community water supply has
10complied with subsection (a), the community water supply shall
11notify the Department in writing within 15 working days.
12    Section 35. Construction notice.
13    (a) When replacing a lead service line or repairing or
14replacing water mains with lead service lines or partial lead
15service lines attached to them, the owner or operator of a
16community water supply shall provide the owner of each
17potentially affected building that is serviced by the affected
18lead service lines or partial lead service lines, as well as
19the occupants of those buildings, with an individual written
20notice 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
7subsection (a) is required as a result of planned work other
8than the repair or replacement of a water meter, the owner or
9operator of the community water supply shall provide the notice
10not less than 14 days before work begins. When the individual
11written notice described in subsection (a) is required as a
12result of emergency repairs other than the repair or
13replacement of a water meter, the owner or operator of the
14community water supply shall provide the notice as soon as is
15reasonably possible. When the individual written notice
16described in subsection (a) is required as a result of the
17repair or replacement of a water meter, the owner or operator
18of the community water supply shall provide the notice at the
19time the work is initiated.
20    (c) If a community water supply serves a significant
21proportion of non-English speaking consumers, the
22notifications required under this Section must contain
23information in the appropriate language regarding the
24importance of the notice and a telephone number or address
25where a person may contact the owner or operator of the
26community water supply to obtain a translated copy of the



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1notification or request assistance in the appropriate
3    (d) An owner or operator of a community water supply that
4is required under this Section to provide an individual written
5notice to the owner and occupants of a potentially affected
6building that is a multi-dwelling building may satisfy that
7requirement and the requirements of subsection (c) by posting
8the required notice on the primary entranceway of the building
9and at the location where the occupant's mail is delivered as
10reasonably as possible.
11    (e) When this Section would require the owner or operator
12of a community water supply to provide an individual written
13notice to the entire community served by the community water
14supply or would require the owner or operator of a community
15water supply to provide individual written notices as a result
16of emergency repairs or when the community water supply that is
17required to comply with this Section is a small system, the
18owner or operator of the community water supply may provide the
19required notice through local media outlets, social media, or
20other similar means in lieu of providing the individual written
21notices otherwise required under this Section.
22    (f) No notifications are required under this Section for
23work performed on water mains that are used to transmit treated
24water between community water supplies and that have no service



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1    Section 40. Replacement program progress reports. The
2owner or operator of each community water supply shall include
3the following information in the annual consumer confidence
4report required under the United States Environmental
5Protection Agency's National Primary Drinking Water
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
14Illinois Pollution Control Board to conduct hearings to review
15final actions of the Agency.
16    Section 55. Community water supply liability. To the extent
17allowed by law, community water supplies shall be held harmless
18for damage to property when installing water service lines. If
19dangers are encountered that prevent the replacement of the
20lead service line, the community water supply shall notify the
21Department within 15 working days of why the replacement of the
22lead 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
2rules necessary to implement and administer this Act.
3    (b) The Department may adopt rules necessary to implement
4and administer this Act and to address lead service lines
5attached to non-community water supplies.
6    Section 100. The Department of Commerce and Economic
7Opportunity Law of the Civil Administrative Code of Illinois is
8amended by adding Section 605-870 as follows:
9    (20 ILCS 605/605-870 new)
10    Sec. 605-870. Low-income water assistance policy and
12    (a) The Department shall by rule establish a comprehensive
13low-income water assistance policy and program that
14incorporates financial assistance and includes, but is not
15limited to, water efficiency or water quality projects, such as
16lead service line replacement, or other measures to ensure that
17residents have access to affordable and clean water. The policy
18and program shall not jeopardize the ability of public
19utilities, community water supplies, or other entities to
20receive just compensation for providing services. The
21resources applied in achieving the policy and program shall be
22coordinated and efficiently used through the integration of
23public programs and through the targeting of assistance. The
24Department shall use all appropriate and available means to



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1fund this program and, to the extent possible, identify and use
2sources of funding that complement State tax revenues. The rule
3shall be finalized within 180 days after the effective date of
4this Act, or within 60 days after receiving an appropriation
5for the program.
6    (b) Any person who is a resident of the State and whose
7household income is not greater than an amount determined
8annually by the Department may apply for assistance under this
9Section in accordance with rules adopted by the Department. In
10setting the annual eligibility level, the Department shall
11consider the amount of available funding and may not set a
12limit higher than 150% of the poverty guidelines updated
13periodically in the Federal Register by the U.S. Department of
14Health and Human Services under the authority of 42 U.S.C.
16    (c) Applicants who qualify for assistance under subsection
17(b) shall, subject to appropriation from the General Assembly
18and subject to availability of funds to the Department, receive
19assistance as provided in this Section. The Department, upon
20receipt of moneys authorized under this Section for assistance,
21shall commit funds for each qualified applicant in an amount
22determined by the Department. In determining the amounts of
23assistance to be provided to or on behalf of a qualified
24applicant, the Department shall ensure that the highest amounts
25of assistance go to households with the greatest water costs in
26relation to household income. The Department may consider



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1factors such as water costs, household size, household income,
2and region of the State when determining individual household
3benefits. In adopting rules for the administration of this
4Section, the Department shall ensure that a minimum of
5one-third of the funds for the program are available for
6benefits to eligible households with the lowest incomes and
7that elderly households, households with persons with
8disabilities, and households with children under 6 years of age
9are offered a priority application period.
10    (d) Application materials for the program shall be made
11available in multiple languages.
12    (e) The Department may adopt any rules necessary to
13implement this Section.
14    Section 105. The Public Utilities Act is amended by
15changing Section 8-306 as follows:
16    (220 ILCS 5/8-306)
17    Sec. 8-306. Special provisions relating to water and sewer
19    (a) No later than 120 days after the effective date of this
20amendatory Act of the 94th General Assembly, the Commission
21shall prepare, make available to customers upon request, and
22post on its Internet web site information concerning the
23service obligations of water and sewer utilities and remedies
24that a customer may pursue for a violation of the customer's



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1rights. The information shall specifically address the rights
2of a customer of a water or sewer utility in the following
4        (1) The customer's water meter is replaced.
5        (2) The customer's bill increases by more than 50%
6    within one billing period.
7        (3) The customer's water service is terminated.
8        (4) The customer wishes to complain after receiving a
9    termination of service notice.
10        (5) The customer is unable to make payment on a billing
11    statement.
12        (6) A rate is filed, including without limitation a
13    surcharge or annual reconciliation filing, that will
14    increase the amount billed to the customer.
15        (7) The customer is billed for services provided prior
16    to the date covered by the billing statement.
17        (8) The customer is due to receive a credit.
18    Each billing statement issued by a water or sewer utility
19shall include an Internet web site address where the customer
20can view the information required under this subsection (a) and
21a telephone number that the customer may call to request a copy
22of the information.
23    (b) A water or sewer utility may discontinue service only
24after it has mailed or delivered by other means a written
25notice of discontinuance substantially in the form of Appendix
26A of 83 Ill. Adm. Code 280. The notice must include the



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1Internet web site address where the customer can view the
2information required under subsection (a) and a telephone
3number that the customer may call to request a copy of the
4information. Any notice required to be delivered or mailed to a
5customer prior to discontinuance of service shall be delivered
6or mailed separately from any bill. Service shall not be
7discontinued until at least 5 days after delivery or 8 days
8after the mailing of this notice. Service shall not be
9discontinued and shall be restored if discontinued for the
10reason which is the subject of a dispute or complaint during
11the pendency of informal or formal complaint procedures of the
12Illinois Commerce Commission under 83 Ill. Adm. Code 280.160 or
13280.170, where the customer has complied with those rules.
14Service shall not be discontinued and shall be restored if
15discontinued where a customer has established a deferred
16payment agreement pursuant to 83 Ill. Adm. Code 280.110 and has
17not defaulted on such agreement. Residential customers who are
18indebted to a utility for past due utility service shall have
19the opportunity to make arrangements with the utility to retire
20the debt by periodic payments, referred to as a deferred
21payment agreement, unless this customer has failed to make
22payment under such a plan during the past 12 months. The terms
23and conditions of a reasonable deferred payment agreement shall
24be determined by the utility after consideration of the
25following factors, based upon information available from
26current utility records or provided by the customer or



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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.
8A residential customer shall pay a maximum of one-fourth of the
9amount past due and owing at the time of entering into the
10deferred payment agreement, and the water or sewer utility
11shall allow a minimum of 2 months from the date of the
12agreement and a maximum of 12 months for payment to be made
13under a deferred payment agreement. Late payment charges may be
14assessed against the amount owing that is the subject of a
15deferred payment agreement.
16    (c) A water or sewer utility shall provide notice as
17required by subsection (a) of Section 9-201 after the filing of
18each information sheet under a purchased water surcharge,
19purchased sewage treatment surcharge, or qualifying
20infrastructure plant surcharge. The utility also shall post
21notice of the filing in accordance with the requirements of 83
22Ill. Adm. Code 255. Unless filed as part of a general rate
23increase, notice of the filing of a purchased water surcharge
24rider, purchased sewage treatment surcharge rider, or
25qualifying infrastructure plant surcharge rider also shall be
26given in the manner required by this subsection (c) for the



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1filing of information sheets.
2    (d) Commission rules pertaining to formal and informal
3complaints against public utilities shall apply with full and
4equal force to water and sewer utilities and their customers,
5including provisions of 83 Ill. Adm. Code 280.170, and the
6Commission shall respond to each complaint by providing the
7consumer with a copy of the utility's response to the complaint
8and a copy of the Commission's review of the complaint and its
9findings. The Commission shall also provide the consumer with
10all available options for recourse.
11    (e) Any refund shown on the billing statement of a customer
12of a water or sewer utility must be itemized and must state if
13the refund is an adjustment or credit.
14    (f) Water service for building construction purposes. At
15the request of any municipality or township within the service
16area of a public utility that provides water service to
17customers within the municipality or township, a public utility
18must (1) require all water service used for building
19construction purposes to be measured by meter and subject to
20approved rates and charges for metered water service and (2)
21prohibit the unauthorized use of water taken from hydrants or
22service 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
13utility that provides water and sewer service must establish a
14unit sewer rate, subject to review by the Commission, that
15applies only to those customers who use less than 1,000 gallons
16of water in any billing period.
17    (i) Water and sewer utilities; separate meters. Each public
18utility that provides water and sewer service must offer
19separate rates for water and sewer service to any commercial or
20residential customer who uses separate meters to measure each
21of those services. In order for the separate rate to apply, a
22combination of meters must be used to measure the amount of
23water that reaches the sewer system and the amount of water
24that does not reach the sewer system.
25    (j) Each water or sewer public utility must disclose on
26each billing statement any amount billed that is for service



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1provided prior to the date covered by the billing statement.
2The disclosure must include the dates for which the prior
3service is being billed. Each billing statement that includes
4an amount billed for service provided prior to the date covered
5by the billing statement must disclose the dates for which that
6amount is billed and must include a copy of the document
7created under subsection (a) and a statement of current
8Commission rules concerning unbilled or misbilled service.
9    (k) When the customer is due a refund resulting from
10payment of an overcharge, the utility shall credit the customer
11in the amount of overpayment with interest from the date of
12overpayment by the customer. The rate for interest shall be at
13the appropriate rate determined by the Commission under 83 Ill.
14Adm. Code 280.70.
15    (l) Water and sewer public utilities; subcontractors. The
16Commission shall adopt rules for water and sewer public
17utilities to provide notice to the customers of the proper kind
18of identification that a subcontractor must present to the
19customer, to prohibit a subcontractor from soliciting or
20receiving payment of any kind for any service provided by the
21water or sewer public utility or the subcontractor, and to
22establish sanctions for violations.
23    (m) Water and sewer public utilities; non-revenue
24unaccounted-for water. Each By December 31, 2006, each water
25public utility shall file tariffs with the Commission to
26establish the maximum percentage of non-revenue



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1unaccounted-for water that would be considered in the
2determination of any rates or surcharges. The rates or
3surcharges approved for a water public utility shall not
4include charges for non-revenue unaccounted-for water in
5excess of this maximum percentage without well-documented
6support and justification for the Commission to consider in any
7request to recover charges in excess of the tariffed maximum
9    (n) Rate increases; public forums. When any public utility
10providing water or sewer service proposes a general rate
11increase, in addition to other notice requirements, the water
12or sewer public utility must notify its customers of their
13right to request a public forum. A customer or group of
14customers must make written request to the Commission for a
15public forum and must also provide written notification of the
16request to the customer's municipal or, for unincorporated
17areas, township government. The Commission, at its discretion,
18may schedule the public forum. If it is determined that public
19forums are required for multiple municipalities or townships,
20the Commission shall schedule these public forums, in locations
21within approximately 45 minutes drive time of the
22municipalities or townships for which the public forums have
23been scheduled. The public utility must provide advance notice
24of 30 days for each public forum to the governing bodies of
25those units of local government affected by the increase. The
26day of each public forum shall be selected so as to encourage



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1the greatest public participation. Each public forum will begin
2at 7:00 p.m. Reports and comments made during or as a result of
3each public forum must be made available to the hearing
4officials and reviewed when drafting a recommended or tentative
5decision, finding or order pursuant to Section 10-111 of this
7    (o) The Commission may allow or direct a water utility to
8establish a customer assistance program that provides
9financial relief to residential customers who qualify for
10income-related assistance.
11    A customer assistance program established under this
12subsection that affects rates and charges for service is not
13discriminatory for purposes of this Act or any other law
14regulating rates and charges for service. In considering
15whether to approve a water utility's proposed customer
16assistance program, the Commission must determine that a
17customer assistance program established under this subsection
18is in the public interest.
19    The Commission shall adopt rules to implement this
20subsection. These rules shall require customer assistance
21programs under this subsection to coordinate with utility
22energy efficiency programs and the Illinois Home
23Weatherization Assistance Program for the purpose of informing
24eligible customers of additional resources that may help the
25customer 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
2adding 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
6Act and the federal Clean Water Act that has over 2,000 meter
7connections shall conduct a cost of service study. The cost of
8service study may include all revenue recovered from water or
9sewer bills, and the percentage of the cost of service used for
10water or sewer capital investment. The cost of service study
11shall be submitted to the Agency and made available on the
12Agency's website. The rules adopted by the Board under this
13Section shall set forth general requirements for submittal and
14approval of a cost of service study.
15    (b) In this Section, "cost of service" means the total
16annual operation and maintenance expenses and capital-related
17costs incurred in meeting the various aspects of providing
18water or sanitary sewer service.
19    (415 ILCS 5/17.11 rep.)
20    Section 200. The Environmental Protection Act is amended by
21repealing Section 17.11.
22    Section 999. Effective date. This Act takes effect upon



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1becoming law.".