Illinois General Assembly - Full Text of HB3035
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Full Text of HB3035  101st General Assembly


Sen. Heather A. Steans

Filed: 5/10/2019





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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 acting as a conduit from the water main or source
6of potable water supply to the building plumbing at the first
7shut-off valve or 18 inches inside the building, whichever is
9    "Suspected lead service line" means a line that a community
10water supply finds more likely than not to be made of lead
11after completing the activities under paragraphs (2) and (5) of
12subsection (d) of Section 15.
13    "Small system" means a community water supply that
14regularly serves water to 3,300 or fewer persons.
15    Section 15. Material inventories.
16    (a) The owner or operator of each community water supply
18        (1) develop an initial material inventory and submit
19    the material inventory electronically to the Agency by
20    April 15, 2020;
21        (2) update its material inventory and submit the
22    updated material inventory electronically to the Agency by
23    April 15, 2021, and each April 15 thereafter, until the
24    owner or operator has substantially completed an inventory
25    of all service lines in its distribution system; and



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1        (3) after the Agency has initially reviewed and
2    approved the community water supply's substantially
3    complete material inventory, and so long as the community
4    water supply continues to have lead water services, update
5    its material inventory and electronically submit its
6    revised material inventory to the Agency by April 15 of
7    every third year after the Agency's initial review and
8    approval.
9    A community water supply is not required to submit a
10material inventory to the Agency if the community water supply
11has completed its lead service line replacement plan or if it
12does not contain lead service lines.
13    (b) The Agency shall review each material inventory
14submitted to it under this Section. If the Agency determines
15that the community water supply is making substantial progress
16toward characterizing the materials of all service lines
17connected to its distribution system, with a priority on
18identifying all lead service lines connected to its
19distribution system, then the Agency shall approve the material
21    (c) Each material inventory prepared for a community water
22supply shall identify:
23        (1) the total number of service lines connected to the
24    community water supply's distribution system;
25        (2) the materials of construction of each service line
26    connected to the community water supply's distribution



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1    system;
2        (3) the number of suspected lead service lines that
3    were newly identified in the material inventory for the
4    community water supply after the community water supply
5    last submitted a service line inventory to the Agency; and
6        (4) the number of suspected or known lead service lines
7    that were replaced after the community water supply last
8    submitted a service line inventory to the Agency, and the
9    material of the service line that replaced each lead
10    service line.
11    When identifying the materials of construction under
12paragraph (2) of this subsection, the owner or operator of the
13community water supply shall identify the type of construction
14material used on the customer's side of the curb box or meter
15or other line of demarcation and the community water supply's
16side of the curb box or meter or other line of demarcation.
17    (d) In substantially completing its material inventory,
18the owner or operator of each community water supply shall:
19        (1) prioritize inspections of high-risk areas
20    identified by the community water supply and inspections of
21    high-risk facilities, such as preschools, day care
22    centers, day care homes, group day care homes, parks,
23    playgrounds, hospitals, and clinics, and confirm service
24    line materials in those areas and at those facilities;
25        (2) review historical documentation, such as
26    construction logs or cards, as-built drawings, purchase



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1    orders, and subdivision plans, to determine service line
2    material construction;
3        (3) when conducting distribution system maintenance,
4    visually inspect service lines and document materials of
5    construction;
6        (4) identify any time period when the service lines
7    being connected to its distribution system were primarily
8    lead service lines, if such a time period is known or
9    suspected; and
10        (5) discuss service line repair and installation with
11    its employees, contractors, plumbers, other workers who
12    worked on service lines connected to its distribution
13    system, or all of the above.
14    (e) The owner or operator of each community water supply
15shall maintain records of persons who refuse to grant access to
16the interior of a building for purposes of identifying the
17materials of construction of a service line. If a community
18water supply has been denied access to the interior of a
19building for that reason, then the community water supply may
20identify the service line as a suspected lead service line.
21    (f) If a community water supply identifies a lead service
22line connected to a building, the owner or operator of the
23community water supply shall notify the owner of the building
24and all occupants of the building of the existence of the lead
25service line within 15 days after identifying the lead service
26line, or as soon as is reasonably possible thereafter.



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1    (g) Nothing in this Section shall be construed to require
2service lines to be unearthed for the sole purpose of
4    (h) An owner or operator of a community water supply has no
5duty to include in the material inventory required under this
6Section information about service lines that are physically
7disconnected from a water main in its distribution system.
8    (i) When conducting engineering evaluations of community
9water supplies, the Agency may conduct a separate audit to
10identify progress that the community water supply has made
11toward completing the material inventory required under this
13    (j) The owner or operator of each community water supply
14shall post on its website a copy of the material inventory most
15recently approved by the Agency or shall request that the
16Agency post a copy of that material inventory on the Agency's
18    (k) The Agency shall determine if substantial progress or
19substantial completion of material inventories has been made.
20The Agency shall give primary consideration to the impact of
21lead on public health when making these determinations,
22especially with respect to high-risk areas.
23    Section 20. Lead service line replacement plans.
24    (a) Every owner or operator of a community water supply
25that has known or suspected lead service lines shall:



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1        (1) create a plan to:
2            (A) replace each lead service line connected to its
3        distribution system;
4            (B) replace each galvanized service line connected
5        to its distribution system, if the galvanized service
6        line is or was connected downstream to lead piping;
7            (C) determine the materials of construction of
8        suspected lead service lines and service lines of
9        unknown materials; and
10            (D) propose a timeline for review and regular
11        revisions of the lead service line replacement plan;
12        and
13        (2) electronically submit, by April 15, 2021, its lead
14    service line replacement plan to the Agency for approval;
15    and
16        (3) post on its website a copy of the plan most
17    recently approved by the Agency or request that the Agency
18    post a copy of that plan on the Agency's website.
19    (b) Each plan required under subsection (a) shall include
20the following:
21        (1) the name and identification number of the community
22    water supply;
23        (2) the total number of service lines connected to the
24    distribution system of the community water supply;
25        (3) the total number of suspected lead service lines
26    connected to the distribution system of the community water



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1    supply;
2        (4) the total number of known lead service lines
3    connected to the distribution system of the community water
4    supply;
5        (5) the total number of lead service lines connected to
6    the distribution system of the community water supply that
7    have been replaced each year beginning in 2018;
8        (6) a proposed lead service line replacement schedule
9    that includes one-year, 5-year, and 10-year goals;
10        (7) the estimated total number of remaining years until
11    all known lead service lines have been replaced or
12    suspected lead service lines have been determined to be
13    made of materials other than lead, and the estimated year
14    in which lead service line replacement will be complete;
15        (8) an analysis of costs and financing options for
16    replacing the lead service lines connected to the community
17    water supply's distribution system, which shall include,
18    but shall not be limited to:
19            (A) a detailed accounting of costs associated with
20        replacing lead service lines and galvanized lines that
21        are or were connected downstream to lead piping;
22            (B) measures to address affordability and prevent
23        service shut-offs for customers or ratepayers; and
24            (C) consideration of different scenarios for
25        structuring payments between the utility and its
26        customers over time; and



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1        (9) a feasibility and affordability plan that
2    includes, but is not limited to, information on how the
3    community water supply intends to fund or finance lead
4    service line replacement, in different situations, such as
5    those situations including, but not limited to, where the
6    community water supply pays for:
7            (A) the portion of the service lines owned by the
8        community water supply and the property owner pays for
9        the portion he or she owns;
10            (B) the entire replacement and has a low interest
11        loan for the property owner to pay for the replacement
12        over time on his or her water bill; or
13            (C) the entire replacement; and
14        (10) a plan for prioritizing high-risk facilities,
15    such as preschools, day care centers, day care homes, group
16    day care homes, parks, playgrounds, hospitals, and
17    clinics, as well as high-risk areas identified by the
18    community water supply;
19        (11) a map of the areas where lead service lines are
20    expected to be found and the sequence with which those
21    areas will be inventoried and lead service lines replaced;
22    and
23        (12) measures for how the community water supply will
24    inform the public of the plan and provide opportunity for
25    public comment.
26    (c) The Agency shall review each plan submitted to it under



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1this Section. The Agency shall approve a plan if the plan
2includes all of the elements set forth in subsection (b) and
3the Agency determines that:
4        (1) the proposed lead service line replacement
5    schedule set forth in the plan, including the one-year,
6    5-year, and 10-year goals in the plan and the estimated
7    date by which all lead service lines will be replaced, are
8    acceptable;
9        (2) the plan prioritizes the replacement of lead
10    service lines that provide water service to high-risk
11    facilities, such as preschools, day care centers, day care
12    homes, group day care homes, parks, playgrounds,
13    hospitals, and clinics, and high-risk areas identified by
14    the community water supply;
15        (3) the plan includes an analysis of cost and financing
16    options; and
17        (4) the plan provides an opportunity for public review.
18    (d) An owner or operator of a community water supply has no
19duty to include in the plans required under this Section
20information about service lines that are physically
21disconnected from a water main in its distribution system.
22    Section 25. Lead service line replacement requirements.
23    (a) When a community water supply replaces a water main,
24the community water supply shall identify all lead service
25lines connected to the water main and shall replace, in



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1accordance with its lead service line replacement plan, the
2lead service lines by:
3        (1) identifying the material or materials of each
4    service line connected to the water main, including, but
5    not limited to, any portion of the service line (i) running
6    on private property and (ii) within the building plumbing
7    at the first shut-off valve or 18 inches inside the
8    building, whichever is shorter; and
9        (2) in conjunction with replacement of the water main,
10    replacing any and all portions of each service line
11    connected to that water main that are composed of lead.
12    In the event of an emergency repair that affects a lead
13service line or a suspected lead service line, a community
14water supply must contact the building owner to begin the
15process of replacing the entire service line. If the building
16owner is not able to be contacted or the building owner or
17occupant refuses to grant access and permission to replace the
18entire service line at the time of the emergency repair, then
19the community water supply may perform a partial lead service
20line replacement. When a partial lead service line replacement
21occurs due to an emergency repair, the community water supply
22must (i) provide filters, for each kitchen area, certified to
23meet the requirements of NSF/ANSI Standard 53, which is hereby
24incorporated by reference, and (ii) must replace the remaining
25portion of the lead service line within 30 days of the
26emergency repair unless access is denied under Section 30. A



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1community water supply may take up to 120 days if necessary due
2to weather conditions. If a replacement takes longer than 30
3days, provided filters must be replaced in accordance with the
4manufacturer's recommendations. Partial lead service line
5replacement by the owner or operator of a community water
6supply is otherwise prohibited.
7    (b) If an owner of a potentially affected building intends
8to replace a portion of a lead service line or a galvanized
9service line, if the galvanized service line is or was
10connected downstream to lead piping, then the owner of the
11potentially affected building shall provide the owner or
12operator of the community water supply with notice at least 45
13days before commencing the work. In the case of an emergency
14repair, if the owner of the potentially affected building
15notifies the owner or operator of the community water supply of
16the replacement of a portion of the lead service line after the
17emergency repair is completed, then the owner or operator of
18the community water supply must provide filters, for each
19kitchen area, certified to meet the requirements of NSF/ANSI
20Standard 53, and replace the remainder of the lead service line
21within 30 days after completion of the emergency repair. A
22community water supply may take up to 120 days if necessary due
23to weather conditions. If a replacement takes longer than 30
24days, provided filters must be replaced in accordance with the
25manufacturer's recommendations. Partial lead service line
26replacements by the owners of potentially affected buildings



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1are otherwise prohibited.
2    Section 30. Request for private property access.
3    (a) At least one month before conducting planned lead
4service line replacement, the owner or operator of a community
5water supply shall, by certified mail, attempt to contact the
6owner of the potentially affected building serviced by the lead
7service line to request access to the building and permission
8to replace the lead service line in accordance with the lead
9service line replacement plan. If the owner of the potentially
10affected building does not respond to that request within 2
11weeks after the request is sent, the owner or operator of the
12community water supply shall attempt to post the request on the
13entryway of the potentially affected building.
14    (b) If the owner or operator of a community water supply is
15unable to obtain approval to access and replace the lead
16service line, the owner or operator of the community water
17supply shall request that the owner of the potentially affected
18building sign a waiver. The waiver shall be developed by the
19Department and should be made available in the owner's
20language. If the owner of the potentially affected building
21refuses to sign the waiver, or fails to respond to the
22community water supply after the community water supply has
23complied with subsection (a), the community water supply shall
24notify the Department in writing within 15 working days.



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1    Section 35. Construction notice.
2    (a) When replacing a lead service line or repairing or
3replacing water mains with lead service lines or partial lead
4service lines attached to them, the owner or operator of a
5community water supply shall provide the owner of each
6potentially affected building that is serviced by the affected
7lead service lines or partial lead service lines, as well as
8the occupants of those buildings, with an individual written
9notice that includes, at a minimum, the following:
10        (1) a warning that the work may result in sediment,
11    possibly containing lead from the service line, in the
12    building's water;
13        (2) information concerning the best practices for
14    preventing exposure to or risk of consumption of lead in
15    drinking water, including a recommendation to flush water
16    lines during and after the completion of the repair or
17    replacement work and to clean faucet aerator screens; and
18        (3) information regarding the dangers of lead exposure
19    to young children and pregnant women.
20    (b) When the individual written notice described in
21subsection (a) is required as a result of planned work other
22than the repair or replacement of a water meter, the owner or
23operator of the community water supply shall provide the notice
24not less than 14 days before work begins. When the individual
25written notice described in subsection (a) is required as a
26result of emergency repairs other than the repair or



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1replacement of a water meter, the owner or operator of the
2community water supply shall provide the notice at the time the
3work is initiated. When the individual written notice described
4in subsection (a) is required as a result of the repair or
5replacement of a water meter, the owner or operator of the
6community water supply shall provide the notice at the time the
7work is initiated.
8    (c) If a community water supply serves a significant
9proportion of non-English speaking consumers, the
10notifications required under this Section must contain
11information in the appropriate language regarding the
12importance of the notice and a telephone number or address
13where a person may contact the owner or operator of the
14community water supply to obtain a translated copy of the
15notification or request assistance in the appropriate
17    (d) An owner or operator of a community water supply that
18is required under this Section to provide an individual written
19notice to the owner and occupants of a potentially affected
20building that is a multi-dwelling building may satisfy that
21requirement and the requirements of subsection (c) by posting
22the required notice on the primary entranceway of the building
23and at the location where the occupant's mail is delivered as
24reasonably as possible.
25    (e) When this Section would require the owner or operator
26of a community water supply to provide an individual written



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1notice to the entire community served by the community water
2supply or would require the owner or operator of a community
3water supply to provide individual written notices as a result
4of emergency repairs or when the community water supply that is
5required to comply with this Section is a small system, the
6owner or operator of the community water supply may provide the
7required notice through local media outlets, social media, or
8other similar means in lieu of providing the individual written
9notices otherwise required under this Section.
10    (f) No notifications are required under this Section for
11work performed on water mains that are used to transmit treated
12water between community water supplies and that have no service
14    Section 40. Replacement program progress reports. The
15owner or operator of each community water supply shall include
16the following information in the annual consumer confidence
17report required under the United States Environmental
18Protection Agency's National Primary Drinking Water
20        (1) an estimate of the number of known or suspected
21    lead service lines connected to its distribution system;
22    and
23        (2) a statement describing progress that has been made
24    toward replacing lead service lines connected to its
25    distribution system.



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1    Section 45. Sale to wholesale or retail consecutive
2community water supply. No community water supply that sells
3water to any wholesale or retail consecutive community water
4supply may pass on any costs associated with compliance with
5this Act to consecutive systems.
6    Section 50. Board review. Authority is hereby vested in the
7Illinois Pollution Control Board to conduct hearings to review
8final actions of the Agency.
9    Section 55. Community water supply liability. To the extent
10allowed by law, when a community water supply enters into an
11agreement with a private contractor for replacement or
12installation of water service lines, the community water supply
13shall be held harmless for damage to property when replacing or
14installing water service lines. If dangers are encountered that
15prevent the replacement of the lead service line, the community
16water supply shall notify the Department within 15 working days
17of why the replacement of the lead service line could not be
19    Section 60. Rules.
20    (a) The Agency may propose and the Board may adopt any
21rules necessary to implement and administer this Act.
22    (b) The Department may adopt rules necessary to address



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1lead service lines attached to non-community water supplies.
2    Section 100. The Department of Commerce and Economic
3Opportunity Law of the Civil Administrative Code of Illinois is
4amended by adding Section 605-870 as follows:
5    (20 ILCS 605/605-870 new)
6    Sec. 605-870. Low-income water assistance policy and
8    (a) The Department shall by rule establish a comprehensive
9low-income water assistance policy and program that
10incorporates financial assistance and includes, but is not
11limited to, water efficiency or water quality projects, such as
12lead service line replacement, or other measures to ensure that
13residents have access to affordable and clean water. The policy
14and program shall not jeopardize the ability of public
15utilities, community water supplies, or other entities to
16receive just compensation for providing services. The
17resources applied in achieving the policy and program shall be
18coordinated and efficiently used through the integration of
19public programs and through the targeting of assistance. The
20Department shall use all appropriate and available means to
21fund this program and, to the extent possible, identify and use
22sources of funding that complement State tax revenues. The rule
23shall be finalized within 180 days after the effective date of
24this Act, or within 60 days after receiving an appropriation



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1for the program.
2    (b) Any person who is a resident of the State and whose
3household income is not greater than an amount determined
4annually by the Department may apply for assistance under this
5Section in accordance with rules adopted by the Department. In
6setting the annual eligibility level, the Department shall
7consider the amount of available funding and may not set a
8limit higher than 150% of the poverty guidelines updated
9periodically in the Federal Register by the U.S. Department of
10Health and Human Services under the authority of 42 U.S.C.
12    (c) Applicants who qualify for assistance under subsection
13(b) shall, subject to appropriation from the General Assembly
14and subject to availability of funds to the Department, receive
15assistance as provided in this Section. The Department, upon
16receipt of moneys authorized under this Section for assistance,
17shall commit funds for each qualified applicant in an amount
18determined by the Department. In determining the amounts of
19assistance to be provided to or on behalf of a qualified
20applicant, the Department shall ensure that the highest amounts
21of assistance go to households with the greatest water costs in
22relation to household income. The Department may consider
23factors such as water costs, household size, household income,
24and region of the State when determining individual household
25benefits. In adopting rules for the administration of this
26Section, the Department shall ensure that a minimum of



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1one-third of the funds for the program are available for
2benefits to eligible households with the lowest incomes and
3that elderly households, households with persons with
4disabilities, and households with children under 6 years of age
5are offered a priority application period.
6    (d) Application materials for the program shall be made
7available in multiple languages.
8    (e) The Department may adopt any rules necessary to
9implement this Section.
10    Section 105. The Public Utilities Act is amended by
11changing Section 8-306 as follows:
12    (220 ILCS 5/8-306)
13    Sec. 8-306. Special provisions relating to water and sewer
15    (a) No later than 120 days after the effective date of this
16amendatory Act of the 94th General Assembly, the Commission
17shall prepare, make available to customers upon request, and
18post on its Internet web site information concerning the
19service obligations of water and sewer utilities and remedies
20that a customer may pursue for a violation of the customer's
21rights. The information shall specifically address the rights
22of a customer of a water or sewer utility in the following
24        (1) The customer's water meter is replaced.



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



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1customer prior to discontinuance of service shall be delivered
2or mailed separately from any bill. Service shall not be
3discontinued until at least 5 days after delivery or 8 days
4after the mailing of this notice. Service shall not be
5discontinued and shall be restored if discontinued for the
6reason which is the subject of a dispute or complaint during
7the pendency of informal or formal complaint procedures of the
8Illinois Commerce Commission under 83 Ill. Adm. Code 280.160 or
9280.170, where the customer has complied with those rules.
10Service shall not be discontinued and shall be restored if
11discontinued where a customer has established a deferred
12payment agreement pursuant to 83 Ill. Adm. Code 280.110 and has
13not defaulted on such agreement. Residential customers who are
14indebted to a utility for past due utility service shall have
15the opportunity to make arrangements with the utility to retire
16the debt by periodic payments, referred to as a deferred
17payment agreement, unless this customer has failed to make
18payment under such a plan during the past 12 months. The terms
19and conditions of a reasonable deferred payment agreement shall
20be determined by the utility after consideration of the
21following factors, based upon information available from
22current utility records or provided by the customer or
24        (1) size of the past due account;
25        (2) customer or applicant's ability to pay;
26        (3) customer or applicant's payment history;



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1        (4) reason for the outstanding indebtedness; and
2        (5) any other relevant factors relating to the
3    circumstances of the customer or applicant's service.
4A residential customer shall pay a maximum of one-fourth of the
5amount past due and owing at the time of entering into the
6deferred payment agreement, and the water or sewer utility
7shall allow a minimum of 2 months from the date of the
8agreement and a maximum of 12 months for payment to be made
9under a deferred payment agreement. Late payment charges may be
10assessed against the amount owing that is the subject of a
11deferred payment agreement.
12    (c) A water or sewer utility shall provide notice as
13required by subsection (a) of Section 9-201 after the filing of
14each information sheet under a purchased water surcharge,
15purchased sewage treatment surcharge, or qualifying
16infrastructure plant surcharge. The utility also shall post
17notice of the filing in accordance with the requirements of 83
18Ill. Adm. Code 255. Unless filed as part of a general rate
19increase, notice of the filing of a purchased water surcharge
20rider, purchased sewage treatment surcharge rider, or
21qualifying infrastructure plant surcharge rider also shall be
22given in the manner required by this subsection (c) for the
23filing of information sheets.
24    (d) Commission rules pertaining to formal and informal
25complaints against public utilities shall apply with full and
26equal force to water and sewer utilities and their customers,



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1including provisions of 83 Ill. Adm. Code 280.170, and the
2Commission shall respond to each complaint by providing the
3consumer with a copy of the utility's response to the complaint
4and a copy of the Commission's review of the complaint and its
5findings. The Commission shall also provide the consumer with
6all available options for recourse.
7    (e) Any refund shown on the billing statement of a customer
8of a water or sewer utility must be itemized and must state if
9the refund is an adjustment or credit.
10    (f) Water service for building construction purposes. At
11the request of any municipality or township within the service
12area of a public utility that provides water service to
13customers within the municipality or township, a public utility
14must (1) require all water service used for building
15construction purposes to be measured by meter and subject to
16approved rates and charges for metered water service and (2)
17prohibit the unauthorized use of water taken from hydrants or
18service lines installed at construction sites.
19    (g) Water meters.
20        (1) Periodic testing. Unless otherwise approved by the
21    Commission, each service water meter shall be periodically
22    inspected and tested in accordance with the schedule
23    specified in 83 Ill. Adm. Code 600.340, or more frequently
24    as the results may warrant, to insure that the meter
25    accuracy is maintained within the limits set out in 83 Ill.
26    Adm. Code 600.310.



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1        (2) Meter tests requested by customer.
2            (A) Each utility furnishing metered water service
3        shall, without charge, test the accuracy of any meter
4        upon request by the customer served by such meter,
5        provided that the meter in question has not been tested
6        by the utility or by the Commission within 2 years
7        previous to such request. The customer or his or her
8        representatives shall have the privilege of witnessing
9        the test at the option of the customer. A written
10        report, giving the results of the test, shall be made
11        to the customer.
12            (B) When a meter that has been in service less than
13        2 years since its last test is found to be accurate
14        within the limits specified in 83 Ill. Adm. Code
15        600.310, the customer shall pay a fee to the utility
16        not to exceed the amounts specified in 83 Ill. Adm.
17        Code 600.350(b). Fees for testing meters not included
18        in this Section or so located that the cost will be out
19        of proportion to the fee specified will be determined
20        by the Commission upon receipt of a complete
21        description of the case.
22        (3) Commission referee tests. Upon written application
23    to the Commission by any customer, a test will be made of
24    the customer's meter by a representative of the Commission.
25    For such a test, a fee as provided for in subsection (g)(2)
26    shall accompany the application. If the meter is found to



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1    be registering more than 1.5% fast on the average when
2    tested as prescribed in 83 Ill. Adm. Code 600.310, the
3    utility shall refund to the customer the amount of the fee.
4    The utility shall in no way disturb the meter after a
5    customer has made an application for a referee test until
6    authority to do so is given by the Commission or the
7    customer in writing.
8    (h) Water and sewer utilities; low usage. Each public
9utility that provides water and sewer service must establish a
10unit sewer rate, subject to review by the Commission, that
11applies only to those customers who use less than 1,000 gallons
12of water in any billing period.
13    (i) Water and sewer utilities; separate meters. Each public
14utility that provides water and sewer service must offer
15separate rates for water and sewer service to any commercial or
16residential customer who uses separate meters to measure each
17of those services. In order for the separate rate to apply, a
18combination of meters must be used to measure the amount of
19water that reaches the sewer system and the amount of water
20that does not reach the sewer system.
21    (j) Each water or sewer public utility must disclose on
22each billing statement any amount billed that is for service
23provided prior to the date covered by the billing statement.
24The disclosure must include the dates for which the prior
25service is being billed. Each billing statement that includes
26an amount billed for service provided prior to the date covered



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1by the billing statement must disclose the dates for which that
2amount is billed and must include a copy of the document
3created under subsection (a) and a statement of current
4Commission rules concerning unbilled or misbilled service.
5    (k) When the customer is due a refund resulting from
6payment of an overcharge, the utility shall credit the customer
7in the amount of overpayment with interest from the date of
8overpayment by the customer. The rate for interest shall be at
9the appropriate rate determined by the Commission under 83 Ill.
10Adm. Code 280.70.
11    (l) Water and sewer public utilities; subcontractors. The
12Commission shall adopt rules for water and sewer public
13utilities to provide notice to the customers of the proper kind
14of identification that a subcontractor must present to the
15customer, to prohibit a subcontractor from soliciting or
16receiving payment of any kind for any service provided by the
17water or sewer public utility or the subcontractor, and to
18establish sanctions for violations.
19    (m) Water and sewer public utilities; non-revenue
20unaccounted-for water. Each By December 31, 2006, each water
21public utility shall file tariffs with the Commission to
22establish the maximum percentage of non-revenue
23unaccounted-for water that would be considered in the
24determination of any rates or surcharges. The rates or
25surcharges approved for a water public utility shall not
26include charges for non-revenue unaccounted-for water in



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1excess of this maximum percentage without well-documented
2support and justification for the Commission to consider in any
3request to recover charges in excess of the tariffed maximum
5    (n) Rate increases; public forums. When any public utility
6providing water or sewer service proposes a general rate
7increase, in addition to other notice requirements, the water
8or sewer public utility must notify its customers of their
9right to request a public forum. A customer or group of
10customers must make written request to the Commission for a
11public forum and must also provide written notification of the
12request to the customer's municipal or, for unincorporated
13areas, township government. The Commission, at its discretion,
14may schedule the public forum. If it is determined that public
15forums are required for multiple municipalities or townships,
16the Commission shall schedule these public forums, in locations
17within approximately 45 minutes drive time of the
18municipalities or townships for which the public forums have
19been scheduled. The public utility must provide advance notice
20of 30 days for each public forum to the governing bodies of
21those units of local government affected by the increase. The
22day of each public forum shall be selected so as to encourage
23the greatest public participation. Each public forum will begin
24at 7:00 p.m. Reports and comments made during or as a result of
25each public forum must be made available to the hearing
26officials and reviewed when drafting a recommended or tentative



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1decision, finding or order pursuant to Section 10-111 of this
3    (o) The Commission may allow or direct a water utility to
4establish a customer assistance program that provides
5financial relief to residential customers who qualify for
6income-related assistance.
7    A customer assistance program established under this
8subsection that affects rates and charges for service is not
9discriminatory for purposes of this Act or any other law
10regulating rates and charges for service. In considering
11whether to approve a water utility's proposed customer
12assistance program, the Commission must determine that a
13customer assistance program established under this subsection
14is in the public interest.
15    The Commission shall adopt rules to implement this
16subsection. These rules shall require customer assistance
17programs under this subsection to coordinate with utility
18energy efficiency programs and the Illinois Home
19Weatherization Assistance Program for the purpose of informing
20eligible customers of additional resources that may help the
21customer conserve water.
22(Source: P.A. 94-950, eff. 6-27-06.)
23    Section 110. The Environmental Protection Act is amended by
24adding Section 17.12 as follows:



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1    (415 ILCS 5/17.12 new)
2    Sec. 17.12. Water cost information.
3    (a) An entity subject to the federal Safe Drinking Water
4Act that has over 3,500 meter connections shall provide to the
5Agency by December 31, 2022, and again by December 31, 2024,
6the following information as it relates to the cost of
7providing water service:
8        (1) All revenue recovered from water bills or any other
9    revenue used for water service from the preceding year.
10        (2) Total operating expenses, including both principal
11    and interest debt service payments.
12        (3) The percentage of the revenue recovered from water
13    bills used or allocated for water capital infrastructure
14    investment.
15        (4) A narrative description of the capital
16    infrastructure investment made based on the information
17    provided under paragraph (3).
18    (b) The Agency shall publish the information provided under
19subsection (a) on the Agency's website.
20    (c) The Agency may adopt rules setting forth the general
21requirements for submittal of the information provided under
22subsection (a).
23    (d) This Section is repealed on January 1, 2025.
24    (415 ILCS 5/17.11 rep.)
25    Section 200. The Environmental Protection Act is amended by



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1repealing Section 17.11.
2    Section 999. Effective date. This Act takes effect upon
3becoming law.".