State of Illinois
91st General Assembly
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Public Act 91-0638

HB1409 Enrolled                                LRB9101709JSpc

    AN ACT to amend the  Public  Utilities  Act  by  changing
Section 4-101 and adding Section 9-220.2.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.   The  Public  Utilities  Act  is  amended  by
changing Section 4-101 and adding Section 9-220.2 as follows:

    (220 ILCS 5/4-101) (from Ch. 111 2/3, par. 4-101)
    Sec.  4-101.   The Commerce Commission shall have general
supervision of all  public  utilities,  except  as  otherwise
provided  in  this  Act, shall inquire into the management of
the business thereof and shall keep itself informed as to the
manner and method in which  the  business  is  conducted.  It
shall  examine those public utilities and keep informed as to
their general condition,  their  franchises,  capitalization,
rates  and  other  charges,  and  the  manner  in which their
plants,  equipment  and   other   property   owned,   leased,
controlled  or  operated are managed, conducted and operated,
not  only  with  respect  to  the  adequacy,   security   and
accommodation afforded by their service but also with respect
to their compliance with this Act and any other law, with the
orders  of  the Commission and with the charter and franchise
    Whenever the Commission is authorized or required by  law
to   consider   some   aspect   of  criminal  history  record
information for the purpose of  carrying  out  its  statutory
powers  and  responsibilities, then, upon request and payment
of fees in conformance with the requirements of subsection 22
of  Section  55a  of  "The  Civil  Administrative   Code   of
Illinois",  the  Department  of State Police is authorized to
furnish,   pursuant   to   positive   identification,    such
information  contained  in  State  files  as  is necessary to
fulfill the request.
(Source: P.A. 86-610.)

    (220 ILCS 5/9-220.2 new)
    Sec. 9-220.2.  Water and sewer surcharges authorized.
    (a)  The  Commission  may  authorize  a  water  or  sewer
utility to file a surcharge which adjusts rates  and  charges
to  provide  for recovery of (i) the cost of purchased water,
(ii) the cost of purchased sewage  treatment  service,  (iii)
other  costs which fluctuate for reasons beyond the utility's
control or are difficult to predict, or (iv) costs associated
with  an  investment  in  qualifying  infrastructure   plant,
independent  of  any  other  matters related to the utility's
revenue requirement.  A surcharge approved under this Section
can operate on an historical or a prospective basis.
    (b)  For purposes of this Section, "costs associated with
an investment in qualifying infrastructure plant"  include  a
return  on the investment in and depreciation expense related
to plant items or facilities (including, but not limited  to,
replacement  mains, meters, services, and hydrants) which (i)
are not reflected in the rate  base  used  to  establish  the
utility's base rates and (ii) are non-revenue producing.  For
purposes  of this Section, a "non-revenue producing facility"
is one that is not constructed or installed for  the  purpose
of serving a new customer.
    (c)  On  a  periodic basis, the Commission shall initiate
hearings to reconcile amounts collected under each  surcharge
authorized pursuant to this Section with the actual prudently
incurred  costs  recoverable  for  each  annual period during
which the surcharge was in effect.

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