Bill Amendment: IL HB4514 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: GENERAL RATE INCREASE HEARINGS
Status: 2026-06-26 - Public Act . . . . . . . . . 104-0493 [HB4514 Detail]
Download: Illinois-2025-HB4514-House_Amendment_003.html
Bill Title: GENERAL RATE INCREASE HEARINGS
Status: 2026-06-26 - Public Act . . . . . . . . . 104-0493 [HB4514 Detail]
Download: Illinois-2025-HB4514-House_Amendment_003.html
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| 1 | AMENDMENT TO HOUSE BILL 4514 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4514, AS AMENDED, | ||||||
| 3 | by replacing everything after the enacting clause with the | ||||||
| 4 | following: | ||||||
| 5 | "Section 5. The Public Utilities Act is amended by | ||||||
| 6 | changing Section 8-306 and by adding Section 9-226.5 as | ||||||
| 7 | follows: | ||||||
| 8 | (220 ILCS 5/8-306) | ||||||
| 9 | Sec. 8-306. Special provisions relating to water and sewer | ||||||
| 10 | utilities. | ||||||
| 11 | (a) No later than 120 days after the effective date of this | ||||||
| 12 | amendatory Act of the 94th General Assembly, the Commission | ||||||
| 13 | shall prepare, make available to customers upon request, and | ||||||
| 14 | post on its Internet web site information concerning the | ||||||
| 15 | service obligations of water and sewer utilities and remedies | ||||||
| 16 | that a customer may pursue for a violation of the customer's | ||||||
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| 1 | rights. The information shall specifically address the rights | ||||||
| 2 | of a customer of a water or sewer utility in the following | ||||||
| 3 | situations: | ||||||
| 4 | (1) The customer's water meter is replaced. | ||||||
| 5 | (2) The customer's bill increases by more than 50% | ||||||
| 6 | within one billing period. | ||||||
| 7 | (3) The customer's water service is terminated. | ||||||
| 8 | (4) The customer wishes to complain after receiving a | ||||||
| 9 | termination of service notice. | ||||||
| 10 | (5) The customer is unable to make payment on a | ||||||
| 11 | billing statement. | ||||||
| 12 | (6) A rate is filed, including without limitation a | ||||||
| 13 | surcharge or annual reconciliation filing, that will | ||||||
| 14 | increase the amount billed to the customer. | ||||||
| 15 | (7) The customer is billed for services provided prior | ||||||
| 16 | to the date covered by the billing statement. | ||||||
| 17 | (8) The customer is due to receive a credit. | ||||||
| 18 | Each billing statement issued by a water or sewer utility | ||||||
| 19 | shall include an Internet web site address where the customer | ||||||
| 20 | can view the information required under this subsection (a) | ||||||
| 21 | and a telephone number that the customer may call to request a | ||||||
| 22 | copy of the information. | ||||||
| 23 | (b) A water or sewer utility may discontinue service only | ||||||
| 24 | after it has mailed or delivered by other means a written | ||||||
| 25 | notice of discontinuance substantially in the form of Appendix | ||||||
| 26 | A of 83 Ill. Adm. Code 280. The notice must include the | ||||||
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| 1 | Internet web site address where the customer can view the | ||||||
| 2 | information required under subsection (a) and a telephone | ||||||
| 3 | number that the customer may call to request a copy of the | ||||||
| 4 | information. Any notice required to be delivered or mailed to | ||||||
| 5 | a customer prior to discontinuance of service shall be | ||||||
| 6 | delivered or mailed separately from any bill. Service shall | ||||||
| 7 | not be discontinued until at least 5 days after delivery or 8 | ||||||
| 8 | days after the mailing of this notice. Service shall not be | ||||||
| 9 | discontinued and shall be restored if discontinued for the | ||||||
| 10 | reason which is the subject of a dispute or complaint during | ||||||
| 11 | the pendency of informal or formal complaint procedures of the | ||||||
| 12 | Illinois Commerce Commission under 83 Ill. Adm. Code 280.160 | ||||||
| 13 | or 280.170, where the customer has complied with those rules. | ||||||
| 14 | Service shall not be discontinued and shall be restored if | ||||||
| 15 | discontinued where a customer has established a deferred | ||||||
| 16 | payment agreement pursuant to 83 Ill. Adm. Code 280.110 and | ||||||
| 17 | has not defaulted on such agreement. Residential customers who | ||||||
| 18 | are indebted to a utility for past due utility service shall | ||||||
| 19 | have the opportunity to make arrangements with the utility to | ||||||
| 20 | retire the debt by periodic payments, referred to as a | ||||||
| 21 | deferred payment agreement, unless this customer has failed to | ||||||
| 22 | make payment under such a plan during the past 12 months. The | ||||||
| 23 | terms and conditions of a reasonable deferred payment | ||||||
| 24 | agreement shall be determined by the utility after | ||||||
| 25 | consideration of the following factors, based upon information | ||||||
| 26 | available from current utility records or provided by the | ||||||
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| 1 | customer or applicant: | ||||||
| 2 | (1) size of the past due account; | ||||||
| 3 | (2) customer or applicant's ability to pay; | ||||||
| 4 | (3) customer or applicant's payment history; | ||||||
| 5 | (4) reason for the outstanding indebtedness; and | ||||||
| 6 | (5) any other relevant factors relating to the | ||||||
| 7 | circumstances of the customer or applicant's service. | ||||||
| 8 | A residential customer shall pay a maximum of one-fourth of | ||||||
| 9 | the amount past due and owing at the time of entering into the | ||||||
| 10 | deferred payment agreement, and the water or sewer utility | ||||||
| 11 | shall allow a minimum of 2 months from the date of the | ||||||
| 12 | agreement and a maximum of 12 months for payment to be made | ||||||
| 13 | under a deferred payment agreement. Late payment charges may | ||||||
| 14 | be assessed against the amount owing that is the subject of a | ||||||
| 15 | deferred payment agreement. | ||||||
| 16 | (c) A water or sewer utility shall provide notice as | ||||||
| 17 | required by subsection (a) of Section 9-201 after the filing | ||||||
| 18 | of each information sheet under a purchased water surcharge, | ||||||
| 19 | purchased sewage treatment surcharge, or qualifying | ||||||
| 20 | infrastructure plant surcharge. The utility also shall post | ||||||
| 21 | notice of the filing in accordance with the requirements of 83 | ||||||
| 22 | Ill. Adm. Code 255. Unless filed as part of a general rate | ||||||
| 23 | increase, notice of the filing of a purchased water surcharge | ||||||
| 24 | rider, purchased sewage treatment surcharge rider, or | ||||||
| 25 | qualifying infrastructure plant surcharge rider also shall be | ||||||
| 26 | given in the manner required by this subsection (c) for the | ||||||
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| 1 | filing of information sheets. | ||||||
| 2 | (d) Commission rules pertaining to formal and informal | ||||||
| 3 | complaints against public utilities shall apply with full and | ||||||
| 4 | equal force to water and sewer utilities and their customers, | ||||||
| 5 | including provisions of 83 Ill. Adm. Code 280.170, and the | ||||||
| 6 | Commission shall respond to each complaint by providing the | ||||||
| 7 | consumer with a copy of the utility's response to the | ||||||
| 8 | complaint and a copy of the Commission's review of the | ||||||
| 9 | complaint and its findings. The Commission shall also provide | ||||||
| 10 | the consumer with all available options for recourse. | ||||||
| 11 | (e) Any refund shown on the billing statement of a | ||||||
| 12 | customer of a water or sewer utility must be itemized and must | ||||||
| 13 | state if the refund is an adjustment or credit. | ||||||
| 14 | (f) Water service for building construction purposes. At | ||||||
| 15 | the request of any municipality or township within the service | ||||||
| 16 | area of a public utility that provides water service to | ||||||
| 17 | customers within the municipality or township, a public | ||||||
| 18 | utility must (1) require all water service used for building | ||||||
| 19 | construction purposes to be measured by meter and subject to | ||||||
| 20 | approved rates and charges for metered water service and (2) | ||||||
| 21 | prohibit the unauthorized use of water taken from hydrants or | ||||||
| 22 | service lines installed at construction sites. | ||||||
| 23 | (g) Water meters. | ||||||
| 24 | (1) Periodic testing. Unless otherwise approved by the | ||||||
| 25 | Commission, each service water meter shall be periodically | ||||||
| 26 | inspected and tested in accordance with the schedule | ||||||
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| 1 | specified in 83 Ill. Adm. Code 600.340, or more frequently | ||||||
| 2 | as the results may warrant, to insure that the meter | ||||||
| 3 | accuracy is maintained within the limits set out in 83 | ||||||
| 4 | Ill. Adm. Code 600.310. | ||||||
| 5 | (2) Meter tests requested by customer. | ||||||
| 6 | (A) Each utility furnishing metered water service | ||||||
| 7 | shall, without charge, test the accuracy of any meter | ||||||
| 8 | upon request by the customer served by such meter, | ||||||
| 9 | provided that the meter in question has not been | ||||||
| 10 | tested by the utility or by the Commission within 2 | ||||||
| 11 | years previous to such request. The customer or his or | ||||||
| 12 | her representatives shall have the privilege of | ||||||
| 13 | witnessing the test at the option of the customer. A | ||||||
| 14 | written report, giving the results of the test, shall | ||||||
| 15 | be made to the customer. | ||||||
| 16 | (B) When a meter that has been in service less than | ||||||
| 17 | 2 years since its last test is found to be accurate | ||||||
| 18 | within the limits specified in 83 Ill. Adm. Code | ||||||
| 19 | 600.310, the customer shall pay a fee to the utility | ||||||
| 20 | not to exceed the amounts specified in 83 Ill. Adm. | ||||||
| 21 | Code 600.350(b). Fees for testing meters not included | ||||||
| 22 | in this Section or so located that the cost will be out | ||||||
| 23 | of proportion to the fee specified will be determined | ||||||
| 24 | by the Commission upon receipt of a complete | ||||||
| 25 | description of the case. | ||||||
| 26 | (3) Commission referee tests. Upon written application | ||||||
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| 1 | to the Commission by any customer, a test will be made of | ||||||
| 2 | the customer's meter by a representative of the | ||||||
| 3 | Commission. For such a test, a fee as provided for in | ||||||
| 4 | subsection (g)(2) shall accompany the application. If the | ||||||
| 5 | meter is found to be registering more than 1.5% fast on the | ||||||
| 6 | average when tested as prescribed in 83 Ill. Adm. Code | ||||||
| 7 | 600.310, the utility shall refund to the customer the | ||||||
| 8 | amount of the fee. The utility shall in no way disturb the | ||||||
| 9 | meter after a customer has made an application for a | ||||||
| 10 | referee test until authority to do so is given by the | ||||||
| 11 | Commission or the customer in writing. | ||||||
| 12 | (h) Water and sewer utilities; low usage. Each public | ||||||
| 13 | utility that provides water and sewer service must establish a | ||||||
| 14 | unit sewer rate, subject to review by the Commission, that | ||||||
| 15 | applies only to those customers who use less than 1,000 | ||||||
| 16 | gallons of water in any billing period. | ||||||
| 17 | (i) Water and sewer utilities; separate meters. Each | ||||||
| 18 | public utility that provides water and sewer service must | ||||||
| 19 | offer separate rates for water and sewer service to any | ||||||
| 20 | commercial or residential customer who uses separate meters to | ||||||
| 21 | measure each of those services. In order for the separate rate | ||||||
| 22 | to apply, a combination of meters must be used to measure the | ||||||
| 23 | amount of water that reaches the sewer system and the amount of | ||||||
| 24 | water that does not reach the sewer system. | ||||||
| 25 | (j) Each water or sewer public utility must disclose on | ||||||
| 26 | each billing statement any amount billed that is for service | ||||||
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| 1 | provided prior to the date covered by the billing statement. | ||||||
| 2 | The disclosure must include the dates for which the prior | ||||||
| 3 | service is being billed. Each billing statement that includes | ||||||
| 4 | an amount billed for service provided prior to the date | ||||||
| 5 | covered by the billing statement must disclose the dates for | ||||||
| 6 | which that amount is billed and must include a copy of the | ||||||
| 7 | document created under subsection (a) and a statement of | ||||||
| 8 | current Commission rules concerning unbilled or misbilled | ||||||
| 9 | service. | ||||||
| 10 | (k) When the customer is due a refund resulting from | ||||||
| 11 | payment of an overcharge, the utility shall credit the | ||||||
| 12 | customer in the amount of overpayment with interest from the | ||||||
| 13 | date of overpayment by the customer. The rate for interest | ||||||
| 14 | shall be at the appropriate rate determined by the Commission | ||||||
| 15 | under 83 Ill. Adm. Code 280.70. | ||||||
| 16 | (l) Water and sewer public utilities; subcontractors. The | ||||||
| 17 | Commission shall adopt rules for water and sewer public | ||||||
| 18 | utilities to provide notice to the customers of the proper | ||||||
| 19 | kind of identification that a subcontractor must present to | ||||||
| 20 | the customer, to prohibit a subcontractor from soliciting or | ||||||
| 21 | receiving payment of any kind for any service provided by the | ||||||
| 22 | water or sewer public utility or the subcontractor, and to | ||||||
| 23 | establish sanctions for violations. | ||||||
| 24 | (m) Water and sewer public utilities; unaccounted-for | ||||||
| 25 | water. By December 31, 2006, each water public utility shall | ||||||
| 26 | file tariffs with the Commission to establish the maximum | ||||||
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| 1 | percentage of unaccounted-for water that would be considered | ||||||
| 2 | in the determination of any rates or surcharges. The rates or | ||||||
| 3 | surcharges approved for a water public utility shall not | ||||||
| 4 | include charges for unaccounted-for water in excess of this | ||||||
| 5 | maximum percentage without well-documented support and | ||||||
| 6 | justification for the Commission to consider in any request to | ||||||
| 7 | recover charges in excess of the tariffed maximum percentage. | ||||||
| 8 | (n) (Blank). Rate increases; public forums. When any | ||||||
| 9 | public utility providing water or sewer service proposes a | ||||||
| 10 | general rate increase, in addition to other notice | ||||||
| 11 | requirements, the water or sewer public utility must notify | ||||||
| 12 | its customers of their right to request a public forum. A | ||||||
| 13 | customer or group of customers must make written request to | ||||||
| 14 | the Commission for a public forum and must also provide | ||||||
| 15 | written notification of the request to the customer's | ||||||
| 16 | municipal or, for unincorporated areas, township government. | ||||||
| 17 | The Commission, at its discretion, may schedule the public | ||||||
| 18 | forum. If it is determined that public forums are required for | ||||||
| 19 | multiple municipalities or townships, the Commission shall | ||||||
| 20 | schedule these public forums, in locations within | ||||||
| 21 | approximately 45 minutes drive time of the municipalities or | ||||||
| 22 | townships for which the public forums have been scheduled. The | ||||||
| 23 | public utility must provide advance notice of 30 days for each | ||||||
| 24 | public forum to the governing bodies of those units of local | ||||||
| 25 | government affected by the increase. The day of each public | ||||||
| 26 | forum shall be selected so as to encourage the greatest public | ||||||
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| 1 | participation. Each public forum will begin at 7:00 p.m. | ||||||
| 2 | Reports and comments made during or as a result of each public | ||||||
| 3 | forum must be made available to the hearing officials and | ||||||
| 4 | reviewed when drafting a recommended or tentative decision, | ||||||
| 5 | finding or order pursuant to Section 10-111 of this Act. | ||||||
| 6 | (Source: P.A. 94-950, eff. 6-27-06.) | ||||||
| 7 | (220 ILCS 5/9-226.5 new) | ||||||
| 8 | Sec. 9-226.5. General rate increases; public forums. When | ||||||
| 9 | any public utility providing electric, gas, water, or sewer | ||||||
| 10 | service proposes a general rate increase, in addition to other | ||||||
| 11 | notice requirements, the public utility must notify its | ||||||
| 12 | customers of their right to request a public forum. A customer | ||||||
| 13 | or group of customers must make a written request to the | ||||||
| 14 | Commission for the public forum. The Commission, at its | ||||||
| 15 | discretion, shall schedule the public forum unless it is | ||||||
| 16 | determined that the Commission does not have adequate staff or | ||||||
| 17 | financial resources or that the public forum cannot be | ||||||
| 18 | convened in a timely manner. The public utility must, to the | ||||||
| 19 | best of the public utility's ability, provide advance notice | ||||||
| 20 | of 30 days for each public forum to the governing bodies of any | ||||||
| 21 | units of local government affected by the proposed general | ||||||
| 22 | rate increase. The day and location of each public forum shall | ||||||
| 23 | be selected so as to encourage the greatest public | ||||||
| 24 | participation. Reports and comments made during or as a result | ||||||
| 25 | of each public forum must be made available to the hearing | ||||||
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| 1 | officials and reviewed when drafting a recommended or | ||||||
| 2 | tentative decision, finding, or order. Failure to comply with | ||||||
| 3 | this Section shall not render invalid or otherwise affect the | ||||||
| 4 | validity of any order entered by the Commission in a general | ||||||
| 5 | rate proceeding. | ||||||
| 6 | This Section does not apply to a public utility providing | ||||||
| 7 | electric, gas, water, or sewer service to less than 15,000 | ||||||
| 8 | customers as of January 1, 2026. | ||||||
| 9 | Section 99. Effective date. This Act takes effect on | ||||||
| 10 | January 1, 2027.". | ||||||
