Illinois General Assembly - Full Text of HB3739
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Full Text of HB3739  102nd General Assembly

HB3739 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3739

 

Introduced 2/22/2021, by Rep. Lamont J. Robinson, Jr.

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Lead Service Line Replacement and Notification Act. Creates the Lead Service Line Replacement Fund to be used to finance and administer programs and activities specified under the Act. Makes a conforming change in the State Finance Act. Requires the Environmental Protection Agency to establish procedures for the collection of a specified lead in drinking water protection fee to be collected by all community water supplies. Requires the owner or operator of each community water supply to perform specified activities. Creates the Lead Service Line Replacement Advisory Board within the Agency to perform specified duties. Contains other provisions. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Requires the Department of Commerce and Economic Opportunity to establish a comprehensive low-income water assistance policy and program with specified requirements. Amends the Public Utilities Act. Provides that the Illinois Commerce Commission may allow or direct a water utility to establish a customer assistance program that provides financial relief to residential customers who qualify for income-related assistance. Makes other changes. Amends the Environmental Protection Act. Requires specified entities to provide to the Environmental Protection Agency by December 31, 2023, and again by December 31, 2025, specified information as it relates to the cost of providing water service. Provides that the Agency shall publish the information on the Agency's website. Provides that the Agency may adopt rules setting forth the general requirements for submittal of the information. Repeals the provisions regarding the information on January 1, 2026. Repeals a Section regarding lead in drinking water notifications and inventories.


LRB102 14540 CPF 19893 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3739LRB102 14540 CPF 19893 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 75-1. Short title. This Act may be cited as the the
5Lead Service Line Replacement and Notification Act.
 
6    Section 75-5. Purpose. The purpose of this Act is to: (1)
7require the owners and operators of community water supplies
8to develop, implement, and maintain a comprehensive water
9service line material inventory and a comprehensive lead
10service line replacement plan, provide notice to occupants of
11potentially affected buildings before any construction or
12repair work on water mains or lead service lines, and request
13access to potentially affected buildings before replacing lead
14service lines; (2) prohibit partial lead service line
15replacements; and (3) establish a revenue source capable of
16paying for lead service line replacement activities in
17Illinois.
 
18    Section 75-10. Definitions. As used in this Act, unless
19the context otherwise clearly requires:
20    "Advisory Board" means the Lead Service Line Replacement
21Advisory Board created under Section 75-45 of this Act.
22    "Agency" means the Illinois Environmental Protection

 

 

HB3739- 2 -LRB102 14540 CPF 19893 b

1Agency.
2    "Board" means the Illinois Pollution Control Board.
3    "Community water supply" has the meaning ascribed to it in
4Section 3.145 of the Environmental Protection Act.
5    "Department" means the Department of Public Health.
6    "Emergency repair" means any unscheduled water main, water
7service, or water valve repair or replacement that results
8from failure or accident.
9    "Fund" means the Lead Service Line Replacement Fund
10created under Section 75-15 of this Act.
11    "Lead service line" means a service line made of lead or
12service line connected to a lead pigtail, lead gooseneck, or
13other lead fitting.
14    "Material inventory" means a water service line material
15inventory developed by a community water supply pursuant to
16this Act.
17    "Noncommunity water supply" has the meaning ascribed to it
18in Section 3.145 of the Environmental Protection Act.
19    "NSF/ANSI Standard" means a water treatment standard
20developed by NSF International.
21    "Partial lead service line replacement" means replacement
22of only a portion of a lead service line.
23    "Potentially affected building" means any building that is
24provided water service through a service line that is either a
25lead service line or a suspected lead service line.
26    "Public water supply" has the meaning ascribed to it in

 

 

HB3739- 3 -LRB102 14540 CPF 19893 b

1Section 3.365 of the Environmental Protection Act.
2    "Service line" means the piping, tubing, and necessary
3appurtenances acting as a conduit from the water main or
4source of potable water supply to the building plumbing at the
5first shut-off valve or 18 inches inside the building,
6whichever is shorter.
7    "Suspected lead service line" means a line that a
8community water supply finds more likely than not to be made of
9lead after completing the requirements under paragraphs (2)
10through (5) of subsection (e) of Section 75-25.
11    "Small system" means a community water supply that
12regularly serves water to 3,300 or fewer persons.
 
13    Section 75-15. Lead Service Line Replacement Fund.
14    (a) The Lead Service line Replacement Fund is created as a
15special fund in the State treasury to be used by the Agency and
16the Department of Commerce and Economic Opportunity for the
17purposes provided under Section 75-5 of this Act. The Fund
18shall be used exclusively to finance and administer programs
19and activities specified under this Act and listed under
20subsection (c).
21    (b) The objective of the Fund is to finance all activities
22associated with identifying and replacing lead service lines,
23build Agency capacity to oversee the provisions of this Act,
24and provide related assistance for the activities listed under
25subsection (c).

 

 

HB3739- 4 -LRB102 14540 CPF 19893 b

1    (c) The Agency shall be responsible for the administration
2of the Fund and shall allocate moneys on the basis of
3priorities established by the Agency. Each year, the Agency
4shall determine the available amount of resources in the Fund
5that can be allocated to the activities identified under this
6Section and shall allocate the moneys accordingly. The moneys
7shall be allocated from the Fund in the following percentages,
8except as provided under subsection (d):
9        (1) for costs related to replacing lead service lines
10    as described under Section 75-40, 75% of the available
11    funding;
12        (2) for assistance to low-income communities in
13    identifying, inventorying, planning for replacement of,
14    and implementing plans for replacement of lead service
15    lines, 5% of the available funding;
16        (3) for personnel costs within the Agency associated
17    with administering the provisions of this Act, 3% of the
18    available funding;
19        (4) for transfer to the Department of Commerce and
20    Economic Opportunity for the low-income water assistance
21    policy and program described under Section 605-870 of the
22    Department of Commerce and Economic Opportunity Law of the
23    Civil Administrative Code of Illinois, 7% of the available
24    funding;
25        (5) for transfer to the Department of Commerce and
26    Economic Opportunity for deposit into the Water Workforce

 

 

HB3739- 5 -LRB102 14540 CPF 19893 b

1    Development Fund, 5% of the available funding; and
2        (6) for the Water Innovation Grants Program described
3    in Section 75-90, 5% of the available funding.
4    (d) The Agency may, subject to the following provisions,
5adjust the percentages of available funding allocated to each
6activity described under subsection (c). The purpose of this
7subsection is to enable the Agency flexibility in managing
8distributions from the Fund while ensuring that distributions
9are apportioned in a manner consistent with the intent of
10subsection (c):
11        (1) In the years preceding the completion of all final
12    inventories and plans described under Sections 75-25 and
13    75-30, the Agency may direct up to 10% of available funds
14    to the low-income technical assistance activities
15    described under paragraph 2 of subsection (c) of this
16    Section. If the Agency chooses to increase funding for
17    these technical assistance activities, it must decrease
18    the share of funding apportioned to lead service line
19    replacement activities by a commensurate amount for those
20    same years.
21        (2) For all other deviations from the funding
22    percentages described under subsection (c), the Agency
23    shall consult the Advisory Board.
24        (3) In no case shall the allocation percentages be
25    modified such that the Agency cannot substantially fulfill
26    this Section's primary purpose of funding the

 

 

HB3739- 6 -LRB102 14540 CPF 19893 b

1    identification, inventory, and replacement of all lead
2    service lines in Illinois.
3    (e) The Agency is granted all powers necessary for the
4implementation of this Section.
 
5    Section 75-20. Lead in drinking water protection fee.
6    (a) The General Assembly finds and declares that:
7        (1) there is no safe level of exposure to heavy metal
8    lead, as found by the United States Environmental
9    Protection Agency and the Center for Disease Control;
10        (2) lead-based plumbing, including service lines, can
11    convey this harmful substance to the drinking water
12    supply;
13        (3) according to the Illinois Environmental Protection
14    Agency's 2018 Service Line Material Inventory, the State
15    of Illinois is estimated to have over 680,000 lead-based
16    service lines still in operation;
17        (4) the true number of lead service lines is not fully
18    known because Illinois lacks an adequate inventory of lead
19    service lines;
20        (5) for the general health, safety and welfare of its
21    residents, all lead service lines in Illinois should be
22    disconnected from the drinking water supply; and
23        (6) people throughout the State of Illinois should
24    share the costs of lead service line replacement in order
25    to reduce the public health and social costs of lead in the

 

 

HB3739- 7 -LRB102 14540 CPF 19893 b

1    State's drinking water supply.
2    (b) Beginning January 1, 2022, a lead in drinking water
3protection fee is imposed on billed water usage in the
4following amounts:
5        (1) In a census tract where the median household
6    income is less than 60% of the State of Illinois' median
7    household income, as defined by the most recent decennial
8    United States Census, the fee shall be $0.00.
9        (2) In census tracts where the median household income
10    is equal to or greater than 60% but less than 80% of the
11    State of Illinois' median household income, as defined by
12    the most recent decennial United States Census, the fee
13    shall be $0.10 per 1,000 gallons of billed water, rounded
14    to the nearest 1,000 gallons.
15        (3) In census tracts where the median household income
16    is equal to or greater than 80% but less than 120% of the
17    State of Illinois median household income, as defined by
18    the most recent decennial United States Census, the fee
19    shall be $0.25 per 1,000 gallons of billed water, rounded
20    to the nearest 1,000 gallons.
21        (4) In census tracts where the median household income
22    is equal to or greater than 120% but less than 150% of the
23    State of Illinois median household income, as defined by
24    the most recent decennial United States Census, the fee
25    shall be $0.35 per 1,000 gallons of billed water, rounded
26    to the nearest 1,000 gallons.

 

 

HB3739- 8 -LRB102 14540 CPF 19893 b

1        (5) In census tracts where the median household income
2    is equal to or greater than 150% of the State of Illinois
3    median household income, as defined by the most recent
4    decennial United States Census, the fee shall be $0.45 per
5    1,000 gallons of billed water, rounded to the nearest
6    1,000 gallons.
7        (6) In instances where a water account is not metered,
8    the fee shall be $30 per year. If that water account user
9    lives in a census tract where the median household income
10    is less than 60% of the State of Illinois median household
11    income, the fee shall be $0.00.
12    (c) The lead in drinking water protection fee described
13under subsection (b) shall be collected by each owner or
14operator of a community water supply. The fee shall be levied
15once per billing cycle. If the fee is imposed on an unmetered
16account as described in paragraph (6) of subsection (b), the
17amount of the fee charged per billing cycle shall be equal to
18the annual fee divided by the number of bills issued per year.
19The fee shall be separately stated on each customer's water
20bill as the "Lead in Drinking Water Protection Fee". Each
21owner or operator of a community water supply shall remit all
22proceeds from the fee to the Department of Revenue.
23    (d) The Department of Revenue shall deposit all proceeds
24from the lead in drinking water protection fee described under
25subsection (b) into the Lead Service Line Replacement Fund, to
26be used in the manner described in Section 75-15.

 

 

HB3739- 9 -LRB102 14540 CPF 19893 b

1    (e) The lead in drinking water protection fee described
2under subsection (b) shall be reviewed by the Agency and the
3Advisory Board every 5 years. Upon reviewing the fee, the
4Agency shall report their findings to the Governor and the
5General Assembly. The report shall include, at a minimum, the
6following:
7        (1) An assessment of the sufficiency of the fee to
8    meet the goals of this Act and the activities described in
9    section 75-15.
10        (2) An assessment of the financial burden, if any,
11    imposed by the fee on households falling below 150 percent
12    of the federal poverty limit.
13        (3) An assessment of the ability of community water
14    supplies to assess and collect the fee.
15        (4) Any recommendations for revisions to fee structure
16    and amount.
17        (5) Upon completion of the initial 5-year review under
18    this subsection, the report shall include recommendations
19    for creating and implementing a lead in drinking water
20    protection fee structure that varies according to
21    individual household income. The recommendations shall be
22    made with the purpose of developing a fee structure that
23    accounts for variations in financial resources among
24    individual households within a service area. The
25    recommended fee structure must consider income variation
26    among individual households and may not solely consider

 

 

HB3739- 10 -LRB102 14540 CPF 19893 b

1    median household income as it pertains to census tract,
2    municipality, or other aggregating geography. The
3    recommendations shall consider, at a minimum, the
4    following:
5            (A) Variation in the ability of ratepayers at
6        different income levels to pay the fee.
7            (B) Variation in the ability of different water
8        user types to pay the fee. Such user types may include
9        residential, commercial, industrial, or institutional
10        water ratepayers.
11            (C) Variation in the ability of utilities to
12        assess and collect the fee.
 
13    Section 75-25. Contractor and vendor requirements.
14    (a) The owner or operator of a community water supply must
15demonstrate how the community water supply will ensure that
16program implementation contractors and vendors will meet
17multiple workforce equity building criteria, including, but
18not limited to, the following:
19        (1) Ensuring that an amount of program portfolio
20    incentive funding proportional to the population of
21    persons who are black, indigenous, or persons of color
22    within each county in which the owner or operator of a
23    community water supply is located, to be updated every 2
24    years, is administered and installed by vendors who meet
25    one of the following criteria:

 

 

HB3739- 11 -LRB102 14540 CPF 19893 b

1            (A) is certified under Section 2 of the Business
2        Enterprise for Minorities, Women, and Persons with
3        Disabilities Act;
4            (B) is certified by another municipal, State,
5        federal, or other certification for disadvantaged
6        businesses;
7            (C) the owner or operator submission of an
8        affidavit showing that the vendor meets the
9        eligibility criteria for a certification program such
10        as those in subparagraph (1) or (2); or
11            (D) if the vendor is a nonprofit, meet any of the
12        criteria in subparagraph (A), (B), or (D) or is
13        controlled by a board of directors of which at lease
14        51% of its members are individuals who are minorities,
15        women, or persons with a disability, as those terms
16        are defined under Section 2 of the Business Enterprise
17        for Minorities, Women, and Persons with Disabilities
18        Act.
19        (2) Ensuring that contractors and vendors pay
20    employees working on lead service line replacement
21    programs at or above the prevailing wage rate, when such a
22    wage rate has been published by the Illinois Department of
23    Labor, and pay employees at or above the median wage rate
24    for a similar job description in the nearest metropolitan
25    area when there is no applicable published prevailing wage
26    rate.

 

 

HB3739- 12 -LRB102 14540 CPF 19893 b

1    (b) An owner or operator of a community water supply shall
2collect data necessary to ensure compliance with subsection
3(a) no less than quarterly and shall communicate progress
4toward compliance with subsection (a) by submitted a report to
5the Department. The report must include data on vendor and
6employee diversity, including data on the owner's or
7operator's implementation of subsection (a).
 
8    Section 75-30. Lead service line replacement plans.
9    (a) Every owner or operator of a community water supply
10that has known or suspected lead service lines shall:
11         (1) create a plan to:
12            (A) replace each lead service line connected to
13        its distribution system;
14            (B) replace each galvanized service line connected
15        to its distribution system, if the galvanized service
16        line is or was connected downstream to lead piping;
17            (C) determine the materials of construction of
18        suspected lead service lines and service lines of
19        unknown materials; and
20            (D) propose a timeline for review and regular
21        revisions of the lead service line replacement plan;
22        and
23        (2) electronically submit, by April 15, 2023, its
24    initial lead service line replacement plan to the Agency
25    for approval;

 

 

HB3739- 13 -LRB102 14540 CPF 19893 b

1        (3) electronically submit by April 15 of each
2    subsequent year an updated lead service line replacement
3    plan to the Agency for approval; the updated replacement
4    plan shall account for changes in the number of lead
5    service lines or unknown service lines in the material
6    inventory described in Section 75-25 of this Act;
7        (4) electronically submit by April 15, 2027 a complete
8    and final replacement plan to the Agency for approval; the
9    complete and final replacement plan shall account for all
10    lead service lines documented in the complete material
11    inventory described under paragraph (3) of subsection (a)
12    of Section 75-25; and
13        (5) post on its website a copy of the plan most
14    recently approved by the Agency or request that the Agency
15    post a copy of that plan on the Agency's website.
16    (b) Each plan required under subsection (a) shall include
17the following:
18        (1) the name and identification number of the
19    community water supply;
20        (2) the total number of service lines connected to the
21    distribution system of the community water supply;
22        (3) the total number of suspected lead service lines
23    connected to the distribution system of the community
24    water supply;
25        (4) the total number of known lead service lines
26    connected to the distribution system of the community

 

 

HB3739- 14 -LRB102 14540 CPF 19893 b

1    water supply;
2        (5) the total number of lead service lines connected
3    to the distribution system of the community water supply
4    that have been replaced each year beginning in 2018;
5        (6) a proposed lead service line replacement schedule
6    that includes one-year, 5-year, 10-year, 15-year, 20-year,
7    and 25-year goals, as applicable under the timelines
8    described under Section 75-35;
9        (7) the estimated total number of remaining years
10    until all known lead service lines have been replaced or
11    suspected lead service lines have been determined to be
12    made of materials other than lead and the estimated year
13    in which lead service line replacement will be complete;
14        (8) an analysis of costs and financing options for
15    replacing the lead service lines connected to the
16    community water supply's distribution system, which shall
17    include, but shall not be limited to:
18            (A) a detailed accounting of costs associated with
19        replacing lead service lines and galvanized lines that
20        are or were connected downstream to lead piping;
21            (B) measures to address affordability and prevent
22        service shut-offs for customers or ratepayers; and
23            (C) an explanation of any costs that exceed the
24        funding provisions set forth under Section 75-40; and
25        (9) a feasibility and affordability plan that
26    includes, but is not limited to, information on how the

 

 

HB3739- 15 -LRB102 14540 CPF 19893 b

1    community water supply intends to fund or finance lead
2    service line replacement costs that exceed the State
3    funding provisions set forth under Section 75-40;
4        (10) a plan for prioritizing high-risk facilities,
5    such as preschools, day care centers, day care homes,
6    group day care homes, parks, playgrounds, hospitals, and
7    clinics, as well as high-risk areas identified by the
8    community water supply;
9        (11) a map of the areas where lead service lines are
10    expected to be found and the sequence with which those
11    areas will be inventoried and lead service lines replaced;
12        (12) measures for how the community water supply will
13    inform the public of the plan and provide opportunity for
14    public comment; and
15        (13) measures to encourage diversity in hiring in the
16    workforce required to implement the plan.
17    (c) The Agency shall review each plan submitted to it
18under this Section. The Agency shall approve a plan if the plan
19includes all of the elements set forth under subsection (b)
20and the Agency determines that:
21        (1) the proposed lead service line replacement
22    schedule set forth in the plan aligns with the timeline
23    requirements set forth under Section 75-35;
24        (2) the plan prioritizes the replacement of lead
25    service lines that provide water service to high-risk
26    facilities, such as preschools, day care centers, day care

 

 

HB3739- 16 -LRB102 14540 CPF 19893 b

1    homes, group day care homes, parks, playgrounds,
2    hospitals, and clinics, and high-risk areas identified by
3    the community water supply;
4        (3) the plan includes an analysis of cost and
5    financing options; and
6        (4) the plan provides an opportunity for public
7    review.
8    (d) An owner or operator of a community water supply has no
9duty to include in the plans required under this Section
10information about service lines that are physically
11disconnected from a water main in its distribution system.
12    (e) If a community water supply does not deliver a
13complete plan to the Agency by April 15, 2027, that community
14water supply may apply for an extension to the Agency. The
15Agency shall develop criteria for granting plan extensions.
16When considering requests for extension, the Agency shall at a
17minimum consider:
18        (1) the number of service connections in a water
19    supply;
20        (2) the staff capacity and financial condition of the
21    community;
22        (3) the number of service lines of an unknown material
23    composition; and
24        (4) other criteria as determined by the Agency in
25    consultation with the Lead Service Line Replacement
26    Advisory Board created under Section 75-45.
 

 

 

HB3739- 17 -LRB102 14540 CPF 19893 b

1    Section 75-35. Replacement timelines.
2    (a) Every owner or operator of a community water supply
3shall replace all lead service lines, subject to the
4requirements of Section 75-50, according to the following
5replacement rates and timelines:
6        (1) Community water supplies reporting 249 or fewer
7    lead service lines in their final inventory and
8    replacement plans shall replace all lead service lines
9    within 5 years after the date of filing the replacement
10    plan, at an annual rate of no less than 20% of the amount
11    described in the final inventory.
12        (2) Community water supplies reporting more than 249
13    but fewer than 1,200 lead service lines in their final
14    inventory and replacement plans shall replace all lead
15    service lines within 10 years after the date of filing the
16    replacement plan, at an annual rate of no less than 10% of
17    the amount described in the final inventory.
18        (3) Community water supplies reporting more than 1,199
19    but fewer than 10,000 lead service lines in their final
20    inventory and replacement plans shall replace all lead
21    service lines within 15 years after the date of filing the
22    replacement plan, at an annual rate of no less than 6.7% of
23    the amount described in the final inventory.
24        (4) Community water supplies reporting more than 9,999
25    but fewer than 50,000 lead service lines in their final

 

 

HB3739- 18 -LRB102 14540 CPF 19893 b

1    inventory and replacement plans shall replace all lead
2    service lines within 20 years after the date of filing the
3    replacement plan, at an annual rate of no less than 5% of
4    the amount described in the final inventory.
5        (5) Community water supplies reporting more than
6    49,999 lead service lines in their final inventory and
7    replacement plans shall replace all lead service lines
8    within 25 years after the date of filing the replacement
9    plan, at an annual replacement rate of no less than 4% of
10    the amount described in the final inventory.
11    (b) A community water supply may apply to the Agency for an
12extension to the replacement timelines described in paragraphs
13(1) through (5) of subsection (a). The Agency shall develop
14criteria for granting replacement timeline extensions. When
15considering requests for timeline extensions, the Agency shall
16at a minimum consider:
17        (1) the number of service connections in a water
18    supply;
19        (2) the staff capacity and financial condition of the
20    community;
21        (3) unusual circumstances creating hardship for a
22    community; and
23        (4) other criteria as determined by the Agency in
24    consultation with the Lead Service Line Replacement
25    Advisory Board described in Section 75-45.
26    Replacement rates and timelines shall be calculated from

 

 

HB3739- 19 -LRB102 14540 CPF 19893 b

1the date of submission of the final plan to the Agency.
 
2    Section 75-40. Lead service line replacement funding
3amounts.
4    (a) Through financial resources provided by the Fund, the
5Agency shall make available grants to community water supplies
6for the purpose of the replacement of lead service lines. The
7annual amount of grant funding available for this purpose
8shall be determined by the Agency in consultation with the
9Advisory Board.
10    (b) Within 120 days of the effective date of this Act, the
11Agency shall design a program for the purpose of
12administration of lead service line replacement grant funds.
13In designing the grant program, the Agency shall consider at a
14minimum:
15        (1) the process by which community water supplies may
16    apply for grant funding; and
17        (2) eligible expenses for grant funding.
18    (c) Community water supplies shall be eligible for grant
19funding for the replacement of lead service lines. Grants
20shall be available at an amount described in subsection (f) of
21this Section. Grant funding shall be available for the
22following activities as they relate to lead service line
23replacement, subject to Agency approval:
24        (1) costs associated with planning and inventory;
25        (2) material costs, including the cost of pipes and

 

 

HB3739- 20 -LRB102 14540 CPF 19893 b

1    fittings;
2        (3) labor and construction costs incidental to lead
3    service line replacement; and
4        (4) costs borne by the community water supply related
5    to administration of lead service line replacement.
6    (d) Grant funding shall not be used for the general
7operating expenses of a municipality or community water
8supply. Grant funding is intended only for costs directly
9associated with lead service line replacement.
10    (e) Any lead service line replacement expense incurred by
11a community water supply in excess of grant funding under this
12Section or any other any foundation, State, or federal grant
13funding shall be borne no more than 50% by the property owner
14of that lead service line. The remaining costs shall be
15assumed exclusively by the community water supply.
 
16    Section 75-45. Lead Service Line Replacement Advisory
17Board.
18    (a) The Lead Service Line Replacement Advisory Board is
19created within the Agency. The Advisory Board shall convene
20within 120 days after the effective date of this Act.
21    (b) The Advisory Board shall consist of at least 19 voting
22members, as follows:
23        (1) the Director of the Agency, or his or her
24    designee, who shall serve as chairperson;
25        (2) the Director of Revenue, or his or her designee;

 

 

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1        (3) the Director of Public Health, or his or her
2    designee;
3        (4) one member appointed by the Governor;
4        (5) fifteen members appointed by the Agency as
5    follows:
6            (A) one member of a representative of a statewide
7        organization representing municipalities;
8            (B) one member representing a municipality with a
9        population of 2,000,000 or more inhabitants, nominated
10        by the mayor of the municipality;
11            (C) one member representing a municipality with a
12        population of less than 2,000,000 inhabitants located
13        in northern Illinois, nominated by the mayor of the
14        municipality;
15            (D) one member representing a municipality with a
16        population of less than 2,000,000 inhabitants located
17        in southern Illinois, nominated by the mayor of the
18        municipality;
19            (E) two members who are representatives from
20        public health advocacy groups;
21            (F) two members who are representatives from
22        publicly-owned water utilities;
23            (G) one member who is a representative from an
24        investor-owned utility;
25            (H) one member who is a research professional
26        employed at an academic institution and specializing

 

 

HB3739- 22 -LRB102 14540 CPF 19893 b

1        in water infrastructure research;
2            (I) two members who are representatives from
3        nonprofit civic organizations;
4            (J) one member who is a representative from a
5        statewide organization representing environmental
6        organizations; and
7            (K) two members who are representatives from
8    organized labor.
9    No less than 10 of the 19 voting members shall be persons
10of color, and no less than 3 shall represent communities
11defined or self-identified as environmental justice
12communities.
13    (c) Advisory Board members shall serve without
14compensation, but may be reimbursed for necessary expenses
15incurred in the performance of their duties from funds
16appropriated for that purpose. The Agency shall provide
17administrative support to the Advisory Board.
18    (d) The Advisory Board shall meet no less than once every 6
19months.
20    (e) The Advisory Board shall have, at minimum, the
21following duties:
22        (1) reviewing the structure and amount of the lead in
23    drinking water protection fee, as described under
24    subsection (b) of Section 75-20;
25        (2) determining variations in program funding
26    percentage allocation as described under subsection (c) of

 

 

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1    Section 75-15;
2        (3) establishing criteria for granting extensions for
3    completion of the material inventory and final lead
4    service line replacement plan, as described under Sections
5    75-25 and 75-30;
6        (4) advising the Agency on best practices in lead
7    service line replacement;
8        (5) reviewing the performance of the Agency and
9    community water supplies in their progress toward lead
10    service line replacement goals;
11        (6) determining the amount of funding per service line
12    required under Section 75-40;
13        (7) advising the Agency on other matters related to
14    the administration of the provisions of this Act;
15        (8) within 10 years after the effective date of this
16    Act, and each year thereafter, preparing reports to the
17    Governor and General Assembly concerning the status of all
18    lead service line remediation sites within the State;
19        (9) proposing rules prescribing procedures and
20    standards for the administration of the provisions of this
21    Act;
22        (10) advising the Agency on the integration of
23    existing lead service line remediation or replacement
24    plans with any statewide plan; and
25        (11) providing technical support and practical
26    expertise in general.
 

 

 

HB3739- 24 -LRB102 14540 CPF 19893 b

1    Section 75-50. Lead service line replacement requirements.
2    (a) When replacing a lead service line, the owner or
3operator of the community water supply shall replace the
4service line in its entirety, including, but not limited to,
5any portion of the service line (i) running on private
6property and (ii) within the building plumbing at the first
7shut-off valve. Partial lead service line replacements are
8expressly prohibited. Exceptions shall be made for the
9following circumstances:
10        (1) In the event of an emergency repair that affects a
11    lead service line or a suspected lead service line, a
12    community water supply must contact the building owner to
13    begin the process of replacing the entire service line. If
14    the building owner is not able to be contacted or the
15    building owner or occupant refuses to grant access and
16    permission to replace the entire service line at the time
17    of the emergency repair, then the community water supply
18    may perform a partial lead service line replacement. Where
19    an emergency repair on a service line constructed of lead
20    or galvanized steel pipe results in a partial service line
21    replacement, the water supply responsible for commencing
22    the repair shall perform the following:
23            (A) Inform the building's owner or operator and
24        the resident or residents served by the lead service
25        line that the community water supply will, at the

 

 

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1        community water supply's expense, collect a sample
2        from each partially replaced lead service line that is
3        representative of the water in the lead service line
4        for analysis of lead content within 72 hours after the
5        completion of the partial replacement of the lead
6        service line. The community water supply shall collect
7        the sample and report the results of the analysis to
8        the owner or operator and the resident or residents
9        served by the lead service line within 3 business days
10        of receiving the results. Individual written
11        notification shall be delivered in the method and
12        according to the provisions of subsections (c), (d),
13        and (e) of Section 75-60. Mailed notices postmarked
14        within 3 business days of receiving the results are
15        satisfactory.
16            (B) Notify the building's owner or operator and
17        the resident or residents served by the lead service
18        line in writing that a repair has been completed. Such
19        notification shall include, at a minimum:
20                (i) a warning that the work may result in
21            sediment, possibly containing lead, in the
22            buildings water supply system;
23                (ii) information concerning practices for
24            preventing the consumption of any lead in drinking
25            water, including a recommendation to flush water
26            distribution pipe during and after the completion

 

 

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1            of the repair or replacement work and to clean
2            faucet aerator screens; and
3                (iii) information regarding the dangers of
4            lead in young children and for pregnant women.
5            (C) Provide filters for at least one fixture
6        supplying potable water for consumption. The filter
7        must be compliant with NSF/ANSI Standards 53 and 42.
8        The filter must be provided until such time that the
9        remaining portions of the service line have been
10        replaced with a material approved by the Department or
11        a waiver has been issued under subsection (b) of
12        Section 75-55.
13            (D) Replace the remaining portion of the lead
14        service line within 30 days of the repair. If a
15        complete lead service line replacement cannot be made
16        within the required 30 day period, the person
17        responsible for commencing the repair shall notify the
18        Department in writing of, at a minimum, the following
19        within 24 hours of the repair:
20                (i) an explanation of why it is not feasible
21            to replace the remaining portion of the lead
22            service line within the allotted time; and
23                (ii) a timeline for when the remaining portion
24            of the lead service line will be replaced.
25            (E) If complete repair of a lead service line
26        cannot be completed within 30 days due to denial by the

 

 

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1        property owner, the person commencing the repair shall
2        request the affected property owner to sign a waiver
3        developed by the Department. If a property owner of a
4        nonresidential building or residence operating as
5        rental properties denies a complete lead service line
6        replacement, the property owner shall be responsible
7        for installing and maintaining point-of-use filters
8        compliant with NSF/ANSI Standards 53 and 42 at all
9        fixtures intended to supply water for the purposes of
10        drinking, food preparation, or making baby formula.
11        The filters shall continue to be supplied until such
12        time that the property owner has affected the
13        remaining portions of the lead service line to be
14        replaced.
15            (F) Document any remaining lead service line,
16        including a portion on the private side of the
17        property, in the community water supply's distribution
18        system materials inventory required under this Act.
19        For the purposes of this paragraph, written notice
20    shall be provided in the method and according to the
21    provisions of subsection (a) through (e) of Section 75-60.
22        (2) Lead service lines that are physically
23    disconnected from the distribution system are exempt from
24    this subsection.
25    (b) On and after January 1, 2022, when the owner or
26operator of a community water supply replaces a water main,

 

 

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1the community water supply shall identify all lead service
2lines connected to the water main and shall replace, in
3accordance with its lead service line replacement plan, the
4lead service lines by:
5        (1) identifying the material or materials of each lead
6    service line connected to the water main, including, but
7    not limited to, any portion of the service line (i)
8    running on private property and (ii) within the building
9    plumbing at the first shut-off valve or 18 inches inside
10    the building, whichever is shorter; and
11        (2) in conjunction with replacement of the water main,
12    replacing any and all portions of each lead service line
13    connected to that water main that are composed of lead.
14    (c) If an owner of a potentially affected building intends
15to replace a portion of a lead service line or a galvanized
16service line and the galvanized service line is or was
17connected downstream to lead piping, then the owner of the
18potentially affected building shall provide the owner or
19operator of the community water supply with notice at least 45
20days before commencing the work. In the case of an emergency
21repair, if the owner of the potentially affected building
22notifies the owner or operator of the community water supply
23of the replacement of a portion of the lead service line after
24the emergency repair is completed, then the owner or operator
25of the community water supply must provide filters for each
26kitchen area that are certified to meet the requirements of

 

 

HB3739- 29 -LRB102 14540 CPF 19893 b

1NSF/ANSI Standards 42 and 53 and replace the remainder of the
2lead service line within 30 days after completion of the
3emergency repair. A community water supply may take up to 120
4days if necessary due to weather conditions. If a replacement
5takes longer than 30 days, provided filters must be replaced
6in accordance with the manufacturer's recommendations. Partial
7lead service line replacements by the owners of potentially
8affected buildings are otherwise prohibited.
 
9    Section 75-55. Request for private property access.
10    (a) At least one month before conducting planned lead
11service line replacement, the owner or operator of a community
12water supply shall, by certified mail, attempt to contact the
13owner of the potentially affected building serviced by the
14lead service line to request access to the building and
15permission to replace the lead service line in accordance with
16the lead service line replacement plan. If the owner of the
17potentially affected building does not respond to that request
18within 2 weeks after the request is sent, the owner or operator
19of the community water supply shall attempt to post the
20request on the entrance of the potentially affected building.
21    (b) If the owner or operator of a community water supply is
22unable to obtain approval to access and replace the lead
23service line, the owner or operator of the community water
24supply shall request that the owner of the potentially
25affected building sign a waiver. The waiver shall be developed

 

 

HB3739- 30 -LRB102 14540 CPF 19893 b

1by the Department and should be made available in the owner's
2language. If the owner of the potentially affected building
3refuses to sign the waiver, or fails to respond to the
4community water supply after the community water supply has
5complied with subsection (a), the community water supply shall
6notify the Department in writing within 15 working days.
 
7    Section 75-60. Construction notice.
8    (a) When replacing a lead service line or repairing or
9replacing water mains with lead service lines or partial lead
10service lines attached to them, the owner or operator of a
11community water supply shall provide the owner of each
12potentially affected building that is serviced by the affected
13lead service lines or partial lead service lines, as well as
14the occupants of those buildings, with an individual written
15notice. The notice shall be delivered by mail or posted at the
16primary entranceway of the building. The notice may, in
17addition, be electronically mailed. Written notice shall
18include, at a minimum, the following:
19        (1) a warning that the work may result in sediment,
20    possibly containing lead from the service line, in the
21    building's water;
22        (2) information concerning the best practices for
23    preventing exposure to or risk of consumption of lead in
24    drinking water, including a recommendation to flush water
25    lines during and after the completion of the repair or

 

 

HB3739- 31 -LRB102 14540 CPF 19893 b

1    replacement work and to clean faucet aerator screens; and
2        (3) information regarding the dangers of lead exposure
3    to young children and pregnant women.
4    (b) When the individual written notice described in
5subsection (a) is required as a result of planned work other
6than the repair or replacement of a water meter, the owner or
7operator of the community water supply shall provide the
8notice not less than 14 days before work begins. When the
9individual written notice described in subsection (a) is
10required as a result of emergency repairs other than the
11repair or replacement of a water meter, the owner or operator
12of the community water supply shall provide the notice at the
13time the work is initiated. When the individual written notice
14described in subsection (a) is required as a result of the
15repair or replacement of a water meter, the owner or operator
16of the community water supply shall provide the notice at the
17time the work is initiated.
18    (c) If a community water supply serves a significant
19proportion of non-English speaking consumers, the
20notifications required under this Section must contain
21information in the appropriate language regarding the
22importance of the notice and a telephone number or address
23where a person may contact the owner or operator of the
24community water supply to obtain a translated copy of the
25notification or request assistance in the appropriate
26language.

 

 

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1    (d) An owner or operator of a community water supply that
2is required under this Section to provide an individual
3written notice to the owner and occupants of a potentially
4affected building that is a multi-dwelling building may
5satisfy that requirement and the requirements of subsection
6(c) by posting the required notice on the primary entranceway
7of the building and at the location where the occupant's mail
8is delivered as reasonably as possible.
9    (e) When this Section would require the owner or operator
10of a community water supply to provide an individual written
11notice to the entire community served by the community water
12supply or would require the owner or operator of a community
13water supply to provide individual written notices as a result
14of emergency repairs or when the community water supply that
15is required to comply with this Section is a small system, the
16owner or operator of the community water supply may provide
17the required notice through local media outlets, social media,
18or other similar means in lieu of providing the individual
19written notices otherwise required under this Section.
20    (f) No notifications are required under this Section for
21work performed on water mains that are used to transmit
22treated water between community water supplies and that have
23no service connections.
 
24    Section 75-65. Replacement program progress reports. The
25owner or operator of each community water supply shall include

 

 

HB3739- 33 -LRB102 14540 CPF 19893 b

1the following information in the annual consumer confidence
2report required under the United States Environmental
3Protection Agency's National Primary Drinking Water
4Regulations:
5        (1) an estimate of the number of known or suspected
6    lead service lines connected to its distribution system;
7    and
8        (2) a statement describing progress that has been made
9    toward replacing lead service lines connected to its
10    distribution system.
 
11    Section 75-70. Sale to wholesale or retail consecutive
12community water supply. No community water supply that sells
13water to any wholesale or retail consecutive community water
14supply may pass on any costs associated with compliance with
15this Act to consecutive systems.
 
16    Section 75-75. Board review. Authority is hereby vested in
17the Illinois Pollution Control Board to conduct hearings to
18review final actions of the Agency under this Act.
 
19    Section 75-80. Community water supply liability. To the
20extent allowed by law, when a community water supply enters
21into an agreement with a private contractor for replacement or
22installation of water service lines, the community water
23supply shall be held harmless for damage to property when

 

 

HB3739- 34 -LRB102 14540 CPF 19893 b

1replacing or installing water service lines. If dangers are
2encountered that prevent the replacement of the lead service
3line, the community water supply shall notify the Department
4within 15 working days of why the replacement of the lead
5service line could not be accomplished.
 
6    Section 75-85. Rules.
7    (a) The Agency may propose to the Board, and the Board may
8adopt, any rules necessary to implement and administer this
9Act.
10    (b) The Department may adopt rules necessary to address
11lead service lines attached to noncommunity water supplies.
 
12    Section 75-90. Water Innovation Grants Program.
13    (a) The purpose of this Section is to create a statewide
14program for making grants to local units of government for the
15purposes of drinking water infrastructure improvement.
16    (b) No later than December 1, 2020, the Agency shall, in
17coordination with the Advisory Board, create a Water
18Innovation Grants Program.
19    (c) In creating and administering the Water Innovation
20Grants Program, the Agency shall prioritize making grants for
21infrastructure improvement that are not sufficiently funded
22through the Drinking Water State Revolving Fund. Municipal
23programs that address lead pipes and lead plumbing attached to
24private wells shall be eligible for prioritization under this

 

 

HB3739- 35 -LRB102 14540 CPF 19893 b

1subsection.
2    (d) Revenue for this program shall be provided under the
3terms contained under Section 75-15.
 
4    Section 75-95. Federal law. Notwithstanding any other
5provision in this Act, no requirement in this Act shall be
6construed as being less stringent than existing applicable
7federal requirements.
 
8    Section 75-100. The Department of Commerce and Economic
9Opportunity Law of the Civil Administrative Code of Illinois
10is amended by adding Section 605-870 as follows:
 
11    (20 ILCS 605/605-870 new)
12    Sec. 605-870. Low-income water assistance policy and
13program.
14    (a) The Department shall by rule establish a comprehensive
15low-income water assistance policy and program that
16incorporates financial assistance and includes, but is not
17limited to, water efficiency or water quality projects, such
18as lead service line replacement, or other measures to ensure
19that residents have access to affordable and clean water. The
20policy and program shall not jeopardize the ability of public
21utilities, community water supplies, or other entities to
22receive just compensation for providing services. The
23resources applied in achieving the policy and program shall be

 

 

HB3739- 36 -LRB102 14540 CPF 19893 b

1coordinated and efficiently used through the integration of
2public programs and through the targeting of assistance. The
3Department shall use all appropriate and available means to
4fund this program and, to the extent possible, identify and
5use sources of funding that complement State tax revenues. The
6rule or rules shall be finalized within 180 days after the
7effective date of this amendatory Act of the 102nd General
8Assembly, or within 60 days after receiving an appropriation
9for the program.
10    (b) Any person who is a resident of the State and whose
11household income is not greater than an amount determined
12annually by the Department may apply for assistance under this
13Section in accordance with rules adopted by the Department. In
14setting the annual eligibility level, the Department shall
15consider the amount of available funding and may not set a
16limit higher than 150% of the poverty guidelines updated
17periodically in the Federal Register by the U.S. Department of
18Health and Human Services under the authority of 42 U.S.C.
199902(2).
20    (c) Applicants who qualify for assistance under subsection
21(b) shall, subject to appropriation from the General Assembly
22and availability of funds by the Department, receive
23assistance as provided under this Section. The Department,
24upon receipt of moneys authorized under this Section for
25assistance, shall commit funds for each qualified applicant in
26an amount determined by the Department. In determining the

 

 

HB3739- 37 -LRB102 14540 CPF 19893 b

1amounts of assistance to be provided to or on behalf of a
2qualified applicant the Department shall ensure that the
3highest amounts of assistance go to households with the
4greatest water costs in relation to household income. The
5Department may consider factors such as water costs, household
6size, household income, and region of the State when
7determining individual household benefits. In adopting rules
8for the administration of this Section, the Department shall
9ensure that a minimum of one-third of the funds for the program
10are available for benefits to eligible households with the
11lowest incomes and that elderly households, households with
12persons with disabilities, and households with children under
136 years of age are offered a priority application period.
14    (d) Application materials for the program shall be made
15available in multiple languages.
16    (e) The Department may adopt any rules necessary to
17implement this Section.
 
18    Section 75-105. The State Finance Act is amended by adding
19Section 5.935 as follows:
 
20    (30 ILCS 105/5.935 new)
21    Sec. 5.935. The Lead Service Line Replacement Fund.
 
22    Section 75-110. The Public Utilities Act is amended by
23changing Section 8-306 as follows:
 

 

 

HB3739- 38 -LRB102 14540 CPF 19893 b

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

 

 

HB3739- 39 -LRB102 14540 CPF 19893 b

1        (8) The customer is due to receive a credit.
2    Each billing statement issued by a water or sewer utility
3shall include an Internet web site address where the customer
4can view the information required under this subsection (a)
5and a telephone number that the customer may call to request a
6copy of the information.
7    (b) A water or sewer utility may discontinue service only
8after it has mailed or delivered by other means a written
9notice of discontinuance substantially in the form of Appendix
10A of 83 Ill. Adm. Code 280. The notice must include the
11Internet web site address where the customer can view the
12information required under subsection (a) and a telephone
13number that the customer may call to request a copy of the
14information. Any notice required to be delivered or mailed to
15a customer prior to discontinuance of service shall be
16delivered or mailed separately from any bill. Service shall
17not be discontinued until at least 5 days after delivery or 8
18days after the mailing of this notice. Service shall not be
19discontinued and shall be restored if discontinued for the
20reason which is the subject of a dispute or complaint during
21the pendency of informal or formal complaint procedures of the
22Illinois Commerce Commission under 83 Ill. Adm. Code 280.160
23or 280.170, where the customer has complied with those rules.
24Service shall not be discontinued and shall be restored if
25discontinued where a customer has established a deferred
26payment agreement pursuant to 83 Ill. Adm. Code 280.110 and

 

 

HB3739- 40 -LRB102 14540 CPF 19893 b

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

 

 

HB3739- 41 -LRB102 14540 CPF 19893 b

1required by subsection (a) of Section 9-201 after the filing
2of each information sheet under a purchased water surcharge,
3purchased sewage treatment surcharge, or qualifying
4infrastructure plant surcharge. The utility also shall post
5notice of the filing in accordance with the requirements of 83
6Ill. Adm. Code 255. Unless filed as part of a general rate
7increase, notice of the filing of a purchased water surcharge
8rider, purchased sewage treatment surcharge rider, or
9qualifying infrastructure plant surcharge rider also shall be
10given in the manner required by this subsection (c) for the
11filing of information sheets.
12    (d) Commission rules pertaining to formal and informal
13complaints against public utilities shall apply with full and
14equal force to water and sewer utilities and their customers,
15including provisions of 83 Ill. Adm. Code 280.170, and the
16Commission shall respond to each complaint by providing the
17consumer with a copy of the utility's response to the
18complaint and a copy of the Commission's review of the
19complaint and its findings. The Commission shall also provide
20the consumer with all available options for recourse.
21    (e) Any refund shown on the billing statement of a
22customer of a water or sewer utility must be itemized and must
23state if the refund is an adjustment or credit.
24    (f) Water service for building construction purposes. At
25the request of any municipality or township within the service
26area of a public utility that provides water service to

 

 

HB3739- 42 -LRB102 14540 CPF 19893 b

1customers within the municipality or township, a public
2utility must (1) require all water service used for building
3construction purposes to be measured by meter and subject to
4approved rates and charges for metered water service and (2)
5prohibit the unauthorized use of water taken from hydrants or
6service lines installed at construction sites.
7    (g) Water meters.
8        (1) Periodic testing. Unless otherwise approved by the
9    Commission, each service water meter shall be periodically
10    inspected and tested in accordance with the schedule
11    specified in 83 Ill. Adm. Code 600.340, or more frequently
12    as the results may warrant, to insure that the meter
13    accuracy is maintained within the limits set out in 83
14    Ill. Adm. Code 600.310.
15        (2) Meter tests requested by customer.
16            (A) Each utility furnishing metered water service
17        shall, without charge, test the accuracy of any meter
18        upon request by the customer served by such meter,
19        provided that the meter in question has not been
20        tested by the utility or by the Commission within 2
21        years previous to such request. The customer or his or
22        her representatives shall have the privilege of
23        witnessing the test at the option of the customer. A
24        written report, giving the results of the test, shall
25        be made to the customer.
26            (B) When a meter that has been in service less than

 

 

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1        2 years since its last test is found to be accurate
2        within the limits specified in 83 Ill. Adm. Code
3        600.310, the customer shall pay a fee to the utility
4        not to exceed the amounts specified in 83 Ill. Adm.
5        Code 600.350(b). Fees for testing meters not included
6        in this Section or so located that the cost will be out
7        of proportion to the fee specified will be determined
8        by the Commission upon receipt of a complete
9        description of the case.
10        (3) Commission referee tests. Upon written application
11    to the Commission by any customer, a test will be made of
12    the customer's meter by a representative of the
13    Commission. For such a test, a fee as provided for in
14    subsection (g)(2) shall accompany the application. If the
15    meter is found to be registering more than 1.5% fast on the
16    average when tested as prescribed in 83 Ill. Adm. Code
17    600.310, the utility shall refund to the customer the
18    amount of the fee. The utility shall in no way disturb the
19    meter after a customer has made an application for a
20    referee test until authority to do so is given by the
21    Commission or the customer in writing.
22    (h) Water and sewer utilities; low usage. Each public
23utility that provides water and sewer service must establish a
24unit sewer rate, subject to review by the Commission, that
25applies only to those customers who use less than 1,000
26gallons of water in any billing period.

 

 

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1    (i) Water and sewer utilities; separate meters. Each
2public utility that provides water and sewer service must
3offer separate rates for water and sewer service to any
4commercial or residential customer who uses separate meters to
5measure each of those services. In order for the separate rate
6to apply, a combination of meters must be used to measure the
7amount of water that reaches the sewer system and the amount of
8water that does not reach the sewer system.
9    (j) Each water or sewer public utility must disclose on
10each billing statement any amount billed that is for service
11provided prior to the date covered by the billing statement.
12The disclosure must include the dates for which the prior
13service is being billed. Each billing statement that includes
14an amount billed for service provided prior to the date
15covered by the billing statement must disclose the dates for
16which that amount is billed and must include a copy of the
17document created under subsection (a) and a statement of
18current Commission rules concerning unbilled or misbilled
19service.
20    (k) When the customer is due a refund resulting from
21payment of an overcharge, the utility shall credit the
22customer in the amount of overpayment with interest from the
23date of overpayment by the customer. The rate for interest
24shall be at the appropriate rate determined by the Commission
25under 83 Ill. Adm. Code 280.70.
26    (l) Water and sewer public utilities; subcontractors. The

 

 

HB3739- 45 -LRB102 14540 CPF 19893 b

1Commission shall adopt rules for water and sewer public
2utilities to provide notice to the customers of the proper
3kind of identification that a subcontractor must present to
4the customer, to prohibit a subcontractor from soliciting or
5receiving payment of any kind for any service provided by the
6water or sewer public utility or the subcontractor, and to
7establish sanctions for violations.
8    (m) Water and sewer public utilities; nonrevenue
9unaccounted-for water. Each By December 31, 2006, each water
10public utility shall file tariffs with the Commission to
11establish the maximum percentage of nonrevenue unaccounted-for
12water that would be considered in the determination of any
13rates or surcharges. The rates or surcharges approved for a
14water public utility shall not include charges for nonrevenue
15unaccounted-for water in excess of this maximum percentage
16without well-documented support and justification for the
17Commission to consider in any request to recover charges in
18excess of the tariffed maximum percentage.
19    (n) Rate increases; public forums. When any public utility
20providing water or sewer service proposes a general rate
21increase, in addition to other notice requirements, the water
22or sewer public utility must notify its customers of their
23right to request a public forum. A customer or group of
24customers must make written request to the Commission for a
25public forum and must also provide written notification of the
26request to the customer's municipal or, for unincorporated

 

 

HB3739- 46 -LRB102 14540 CPF 19893 b

1areas, township government. The Commission, at its discretion,
2may schedule the public forum. If it is determined that public
3forums are required for multiple municipalities or townships,
4the Commission shall schedule these public forums, in
5locations within approximately 45 minutes drive time of the
6municipalities or townships for which the public forums have
7been scheduled. The public utility must provide advance notice
8of 30 days for each public forum to the governing bodies of
9those units of local government affected by the increase. The
10day of each public forum shall be selected so as to encourage
11the greatest public participation. Each public forum will
12begin at 7:00 p.m. Reports and comments made during or as a
13result of each public forum must be made available to the
14hearing officials and reviewed when drafting a recommended or
15tentative decision, finding or order pursuant to Section
1610-111 of this Act.
17    (o) The Commission may allow or direct a water utility to
18establish a customer assistance program that provides
19financial relief to residential customers who qualify for
20income-related assistance. A customer assistance program
21established under this subsection that affects rates and
22charges for service is not discriminatory for purposes of this
23Act or any other law regulating rates and charges for service.
24In considering whether to approve a water utility's proposed
25customer assistance program, the Commission must determine
26that a customer assistance program established under this

 

 

HB3739- 47 -LRB102 14540 CPF 19893 b

1subsection is in the public interest. The Commission shall
2adopt rules to implement this subsection. The rules shall
3require customer assistance programs under this subsection to
4coordinate with utility energy efficiency programs and the
5Illinois Home Weatherization Assistance Program for the
6purpose of informing eligible customers of additional
7resources that may help the customer conserve water.
8(Source: P.A. 94-950, eff. 6-27-06.)
 
9    Section 75-115. The Environmental Protection Act is
10amended by adding Section 17.12 as follows:
 
11    (415 ILCS 5/17.12 new)
12    Sec. 17.12. Water cost information.
13    (a) An entity subject to the federal Safe Drinking Water
14Act that has over 3,500 meter connections shall provide to the
15Agency by December 31, 2023, and again by December 31, 2025,
16the following information as it relates to the cost of
17providing water service:
18        (1) All revenue recovered from water bills or any
19    other revenue used for water service from the preceding
20    year.
21        (2) Total operating expenses, including both principal
22    and interest debt service payments.
23        (3) The percentage of the revenue recovered from water
24    bills used or allocated for water capital infrastructure

 

 

HB3739- 48 -LRB102 14540 CPF 19893 b

1    investment.
2        (4) A narrative description of the capital
3    infrastructure investment made based on the information
4    provided under paragraph (3).
5    (b) The Agency shall publish the information provided
6under subsection (a) on the Agency's website.
7    (c) The Agency may adopt rules setting forth the general
8requirements for submittal of the information provided under
9subsection (a).
10    (d) This Section is repealed on January 1, 2026.
 
11    (415 ILCS 5/17.11 rep.)
12    Section 75-200. The Environmental Protection Act is
13amended by repealing Section 17.11.

 

 

HB3739- 49 -LRB102 14540 CPF 19893 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    20 ILCS 605/605-870 new
5    30 ILCS 105/5.935 new
6    220 ILCS 5/8-306
7    415 ILCS 5/17.12 new
8    415 ILCS 5/17.11 rep.