Bill Text: IL HB2831 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Public Utilities Act. Makes a technical change in the short title Section.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB2831 Detail]
Download: Illinois-2011-HB2831-Amended.html
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1 | AMENDMENT TO HOUSE BILL 2831
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2 | AMENDMENT NO. ______. Amend House Bill 2831 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Public Utilities Act is amended by changing | ||||||
5 | Sections 2-107 and 8-306 as follows:
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6 | (220 ILCS 5/2-107) (from Ch. 111 2/3, par. 2-107)
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7 | Sec. 2-107. The office of the Commission shall be in | ||||||
8 | Springfield, but
the Commission may, with the approval of the | ||||||
9 | Governor, establish and
maintain branch offices at places other | ||||||
10 | than the seat of government.
Such office shall be open for | ||||||
11 | business between the hours of 8:30 a.m.
and 5:00 p.m. | ||||||
12 | throughout the year, and one or more responsible persons
to be | ||||||
13 | designated by the executive director shall be on duty
at all | ||||||
14 | times in immediate charge thereof.
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15 | The Commission shall hold stated meetings at least once a | ||||||
16 | month and
may hold such special meetings as it may deem |
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1 | necessary at any place
within the State. At each regular and | ||||||
2 | special meeting that is open to the public, members of the | ||||||
3 | public shall be afforded time, subject to reasonable | ||||||
4 | constraints, to make comments to or to ask questions of the | ||||||
5 | Commission. | ||||||
6 | The Commission shall provide a website web site and a | ||||||
7 | toll-free telephone number to accept comments from Illinois | ||||||
8 | residents regarding any matter under the auspices of the | ||||||
9 | Commission or before the Commission. In the case of a water | ||||||
10 | utility, (i) the comments received through the toll-free | ||||||
11 | telephone number shall be transcribed and placed on the | ||||||
12 | Commission's electronic docketing system for review by all | ||||||
13 | parties, and the Commission shall notify all of the parties of | ||||||
14 | the transcript's availability; (ii) both the transcript of the | ||||||
15 | telephone comments and all comments received directly on the | ||||||
16 | website shall become part of the record for decision; and (iii) | ||||||
17 | the comments and suggestions received through both venues shall | ||||||
18 | be reported by the The Commission staff shall report, in a | ||||||
19 | manner established by the Commission that is consistent with | ||||||
20 | the Commission's rules regarding ex parte communications, to | ||||||
21 | the full Commission and reviewed by the full Commission | ||||||
22 | comments and suggestions received through both venues before | ||||||
23 | all relevant votes of the Commission.
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24 | The Commission may, for the authentication of its records, | ||||||
25 | process
and proceedings, adopt, keep and use a common seal, of | ||||||
26 | which seal
judicial notice shall be taken in all courts of this |
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1 | State; and any
process, notice, order or other paper which the | ||||||
2 | Commission may be
authorized by law to issue shall be deemed | ||||||
3 | sufficient if signed and
certified by the Chairman of the | ||||||
4 | Commission or his or her designee, either
by hand or by | ||||||
5 | facsimile, and with such
seal attached; and all acts, orders, | ||||||
6 | proceedings, rules, entries,
minutes, schedules and records of | ||||||
7 | the Commission, and all reports and
documents filed with the | ||||||
8 | Commission, may be proved in any court of this
State by a copy | ||||||
9 | thereof, certified to by the Chairman of the
Commission, with | ||||||
10 | the seal of the Commission attached. | ||||||
11 | Notwithstanding any other provision of this Section, the | ||||||
12 | Commission's established procedures for accepting testimony | ||||||
13 | from Illinois residents on matters pending before the | ||||||
14 | Commission shall be consistent with the Commission's rules | ||||||
15 | regarding ex parte communications and due process.
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16 | (Source: P.A. 95-127, eff. 8-13-07.)
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17 | (220 ILCS 5/8-306)
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18 | Sec. 8-306. Special provisions relating to water and sewer | ||||||
19 | utilities. | ||||||
20 | (a) No later than 120 days after the effective date of this | ||||||
21 | amendatory Act of the 94th General Assembly, the Commission | ||||||
22 | shall prepare, make available to customers upon request, and | ||||||
23 | post on its Internet website web site information concerning | ||||||
24 | the service obligations of water and sewer utilities and | ||||||
25 | remedies that a customer may pursue for a violation of the |
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1 | customer's rights. The information shall specifically address | ||||||
2 | the rights of a customer of a water or sewer utility in the | ||||||
3 | following 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 billing | ||||||
11 | statement. | ||||||
12 | (6) A rate is filed, including without limitation a | ||||||
13 | surcharge or annual reconciliation filing, that will | ||||||
14 | increase the amount billed to the customer. | ||||||
15 | (7) The customer is billed for services provided prior | ||||||
16 | to the date covered by the billing statement. | ||||||
17 | (8) The customer is due to receive a credit. | ||||||
18 | Each billing statement issued by a water or sewer utility | ||||||
19 | shall include an Internet website web site address where the | ||||||
20 | customer can view the information required under this | ||||||
21 | subsection (a) and a telephone number that the customer may | ||||||
22 | call to request a copy of the information.
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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 website web site address where the customer can view | ||||||
2 | the 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 a | ||||||
5 | customer prior to discontinuance of service shall be delivered | ||||||
6 | or mailed separately from any bill. Service shall not be | ||||||
7 | discontinued until at least 5 days after delivery or 8 days | ||||||
8 | 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 or | ||||||
13 | 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 has | ||||||
17 | not defaulted on such agreement. Residential customers who are | ||||||
18 | indebted to a utility for past due utility service shall have | ||||||
19 | the opportunity to make arrangements with the utility to retire | ||||||
20 | the debt by periodic payments, referred to as a deferred | ||||||
21 | payment agreement, unless this customer has failed to make | ||||||
22 | payment under such a plan during the past 12 months. The terms | ||||||
23 | and conditions of a reasonable deferred payment agreement shall | ||||||
24 | be determined by the utility after consideration of the | ||||||
25 | following factors, based upon information available from | ||||||
26 | current utility records or provided by the customer or |
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1 | 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.
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8 | A residential customer shall pay a maximum of one-fourth of the | ||||||
9 | 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 be | ||||||
14 | 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 of | ||||||
18 | 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 complaint | ||||||
8 | and a copy of the Commission's review of the complaint and its | ||||||
9 | findings. The Commission shall also provide the consumer with | ||||||
10 | all available options for recourse. | ||||||
11 | (e) Any refund shown on the billing statement of a customer | ||||||
12 | of a water or sewer utility must be itemized and must state if | ||||||
13 | 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 utility | ||||||
18 | 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 Ill. | ||||||
4 | Adm. Code 600.310. | ||||||
5 | (2) Meter tests requested by customer. | ||||||
6 | (A) Each utility furnishing metered water service | ||||||
7 | shall, without charge, test the accuracy of any meter | ||||||
8 | upon request by the customer served by such meter, | ||||||
9 | provided that the meter in question has not been tested | ||||||
10 | by the utility or by the Commission within 2 years | ||||||
11 | previous to such request. The customer or his or her | ||||||
12 | representatives shall have the privilege of witnessing | ||||||
13 | the test at the option of the customer. A written | ||||||
14 | report, giving the results of the test, shall be made | ||||||
15 | to the customer. | ||||||
16 | (B) When a meter that has been in service less than | ||||||
17 | 2 years since its last test is found to be accurate | ||||||
18 | within the limits specified in 83 Ill. Adm. Code | ||||||
19 | 600.310, the customer shall pay a fee to the utility | ||||||
20 | not to exceed the amounts specified in 83 Ill. Adm. | ||||||
21 | Code 600.350(b). Fees for testing meters not included | ||||||
22 | in this Section or so located that the cost will be out | ||||||
23 | of proportion to the fee specified will be determined | ||||||
24 | by the Commission upon receipt of a complete | ||||||
25 | description of the case. | ||||||
26 | (3) Commission referee tests. Upon written application |
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1 | to the Commission by any customer, a test will be made of | ||||||
2 | the customer's meter by a representative of the Commission. | ||||||
3 | For such a test, a fee as provided for in subsection (g)(2) | ||||||
4 | shall accompany the application. If the meter is found to | ||||||
5 | be registering more than 1.5% fast on the average when | ||||||
6 | tested as prescribed in 83 Ill. Adm. Code 600.310, the | ||||||
7 | utility shall refund to the customer the amount of the fee. | ||||||
8 | The utility shall in no way disturb the meter after a | ||||||
9 | customer has made an application for a referee test until | ||||||
10 | authority to do so is given by the Commission or the | ||||||
11 | customer in writing. | ||||||
12 | (h) Water and sewer utilities; low usage. Each public | ||||||
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 gallons | ||||||
16 | of water in any billing period. | ||||||
17 | (i) Water and sewer utilities; separate meters. Each public | ||||||
18 | utility that provides water and sewer service must offer | ||||||
19 | separate rates for water and sewer service to any commercial or | ||||||
20 | residential customer who uses separate meters to measure each | ||||||
21 | of those services. In order for the separate rate to apply, a | ||||||
22 | combination of meters must be used to measure the amount of | ||||||
23 | water that reaches the sewer system and the amount of water | ||||||
24 | 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 covered | ||||||
5 | by the billing statement must disclose the dates for which that | ||||||
6 | amount is billed and must include a copy of the document | ||||||
7 | created under subsection (a) and a statement of current | ||||||
8 | Commission rules concerning unbilled or misbilled service. | ||||||
9 | (k) When the customer is due a refund resulting from | ||||||
10 | payment of an overcharge, the utility shall credit the customer | ||||||
11 | in the amount of overpayment with interest from the date of | ||||||
12 | overpayment by the customer. The rate for interest shall be at | ||||||
13 | the appropriate rate determined by the Commission under 83 Ill. | ||||||
14 | Adm. Code 280.70. | ||||||
15 | (l) Water and sewer public utilities; subcontractors. The | ||||||
16 | Commission shall adopt rules for water and sewer public | ||||||
17 | utilities to provide notice to the customers of the proper kind | ||||||
18 | of identification that a subcontractor must present to the | ||||||
19 | customer, to prohibit a subcontractor from soliciting or | ||||||
20 | receiving payment of any kind for any service provided by the | ||||||
21 | water or sewer public utility or the subcontractor, and to | ||||||
22 | establish sanctions for violations. | ||||||
23 | (m) Water and sewer public utilities; unaccounted-for | ||||||
24 | water. By December 31, 2006, each water public utility shall | ||||||
25 | file tariffs with the Commission to establish the maximum | ||||||
26 | percentage of unaccounted-for water that would be considered in |
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1 | the determination of any rates or surcharges. The rates or | ||||||
2 | surcharges approved for a water public utility shall not | ||||||
3 | include charges for unaccounted-for water in excess of this | ||||||
4 | maximum percentage without well-documented support and | ||||||
5 | justification for the Commission to consider in any request to | ||||||
6 | recover charges in excess of the tariffed maximum percentage. | ||||||
7 | (n) Rate increases; public forums. When any public utility | ||||||
8 | providing water or sewer service proposes a general rate | ||||||
9 | increase, in addition to other notice requirements, the water | ||||||
10 | or sewer public utility must notify its customers of their | ||||||
11 | right to request a public forum. A customer or group of | ||||||
12 | customers must make written request to the Commission for a | ||||||
13 | public forum and must also provide written notification of the | ||||||
14 | request to the customer's municipal or, for unincorporated | ||||||
15 | areas, township government. In the event of such a request, the | ||||||
16 | The Commission shall , at its discretion, may schedule the | ||||||
17 | public forum. If it is determined that public forums are | ||||||
18 | required for multiple municipalities or townships, then the | ||||||
19 | Commission shall schedule these public forums, in locations | ||||||
20 | within approximately 45 minutes drive time of the | ||||||
21 | municipalities or townships for which the public forums have | ||||||
22 | been scheduled. The public utility must provide advance notice | ||||||
23 | of 30 days for each public forum to the governing bodies of | ||||||
24 | those units of local government affected by the increase. The | ||||||
25 | day of each public forum shall be selected so as to encourage | ||||||
26 | the greatest public participation. Each public forum will begin |
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1 | at 7:00 p.m. Reports and comments made during or as a result of | ||||||
2 | each public forum shall be transcribed and placed on the | ||||||
3 | Commission's electronic docketing system for review by all of | ||||||
4 | the parties, and the Commission shall notify all parties of the | ||||||
5 | transcript's availability. The transcript shall become part of | ||||||
6 | the record for decision, and must be made available to the | ||||||
7 | hearing officials and reviewed when drafting a recommended or | ||||||
8 | tentative decision, finding or order pursuant to Section 10-111 | ||||||
9 | of this Act. The transcript must be reviewed by the full | ||||||
10 | Commission before all relevant votes of the Commission.
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11 | (Source: P.A. 94-950, eff. 6-27-06.)
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
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