Bill Text: IL HB4559 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Public Utility Act. Exempts a public utility with $300,000 or less of annual operating revenues using the Simplified Rate Case Procedures from the requirement that, when any public utility that provides water or sewer service proposes a general rate increase, the water or sewer public utility must notify its customers of their right to request a public forum. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB4559 Detail]
Download: Illinois-2011-HB4559-Amended.html
Bill Title: Amends the Public Utility Act. Exempts a public utility with $300,000 or less of annual operating revenues using the Simplified Rate Case Procedures from the requirement that, when any public utility that provides water or sewer service proposes a general rate increase, the water or sewer public utility must notify its customers of their right to request a public forum. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB4559 Detail]
Download: Illinois-2011-HB4559-Amended.html
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1 | AMENDMENT TO HOUSE BILL 4559
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2 | AMENDMENT NO. ______. Amend House Bill 4559 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 | Section 8-306 as follows:
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6 | (220 ILCS 5/8-306)
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7 | Sec. 8-306. Special provisions relating to water and sewer | ||||||
8 | utilities. | ||||||
9 | (a) No later than 120 days after the effective date of this | ||||||
10 | amendatory Act of the 94th General Assembly, the Commission | ||||||
11 | shall prepare, make available to customers upon request, and | ||||||
12 | post on its Internet web site information concerning the | ||||||
13 | service obligations of water and sewer utilities and remedies | ||||||
14 | that a customer may pursue for a violation of the customer's | ||||||
15 | rights. The information shall specifically address the rights | ||||||
16 | of a customer of a water or sewer utility in the following |
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1 | situations: | ||||||
2 | (1) The customer's water meter is replaced. | ||||||
3 | (2) The customer's bill increases by more than 50% | ||||||
4 | within one billing period. | ||||||
5 | (3) The customer's water service is terminated. | ||||||
6 | (4) The customer wishes to complain after receiving a | ||||||
7 | termination of service notice. | ||||||
8 | (5) The customer is unable to make payment on a billing | ||||||
9 | statement. | ||||||
10 | (6) A rate is filed, including without limitation a | ||||||
11 | surcharge or annual reconciliation filing, that will | ||||||
12 | increase the amount billed to the customer. | ||||||
13 | (7) The customer is billed for services provided prior | ||||||
14 | to the date covered by the billing statement. | ||||||
15 | (8) The customer is due to receive a credit. | ||||||
16 | Each billing statement issued by a water or sewer utility | ||||||
17 | shall include an Internet web site address where the customer | ||||||
18 | can view the information required under this subsection (a) and | ||||||
19 | a telephone number that the customer may call to request a copy | ||||||
20 | of the information.
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21 | (b) A water or sewer utility may discontinue service only | ||||||
22 | after it has mailed or delivered by other means a written | ||||||
23 | notice of discontinuance substantially in the form of Appendix | ||||||
24 | A of 83 Ill. Adm. Code 280. The notice must include the | ||||||
25 | Internet web site address where the customer can view the | ||||||
26 | information required under subsection (a) and a telephone |
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1 | number that the customer may call to request a copy of the | ||||||
2 | information. Any notice required to be delivered or mailed to a | ||||||
3 | customer prior to discontinuance of service shall be delivered | ||||||
4 | or mailed separately from any bill. Service shall not be | ||||||
5 | discontinued until at least 5 days after delivery or 8 days | ||||||
6 | after the mailing of this notice. Service shall not be | ||||||
7 | discontinued and shall be restored if discontinued for the | ||||||
8 | reason which is the subject of a dispute or complaint during | ||||||
9 | the pendency of informal or formal complaint procedures of the | ||||||
10 | Illinois Commerce Commission under 83 Ill. Adm. Code 280.160 or | ||||||
11 | 280.170, where the customer has complied with those rules. | ||||||
12 | Service shall not be discontinued and shall be restored if | ||||||
13 | discontinued where a customer has established a deferred | ||||||
14 | payment agreement pursuant to 83 Ill. Adm. Code 280.110 and has | ||||||
15 | not defaulted on such agreement. Residential customers who are | ||||||
16 | indebted to a utility for past due utility service shall have | ||||||
17 | the opportunity to make arrangements with the utility to retire | ||||||
18 | the debt by periodic payments, referred to as a deferred | ||||||
19 | payment agreement, unless this customer has failed to make | ||||||
20 | payment under such a plan during the past 12 months. The terms | ||||||
21 | and conditions of a reasonable deferred payment agreement shall | ||||||
22 | be determined by the utility after consideration of the | ||||||
23 | following factors, based upon information available from | ||||||
24 | current utility records or provided by the customer or | ||||||
25 | applicant: | ||||||
26 | (1) size of the past due account; |
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1 | (2) customer or applicant's ability to pay; | ||||||
2 | (3) customer or applicant's payment history; | ||||||
3 | (4) reason for the outstanding indebtedness; and | ||||||
4 | (5) any other relevant factors relating to the | ||||||
5 | circumstances of the customer or applicant's service.
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6 | A residential customer shall pay a maximum of one-fourth of the | ||||||
7 | amount past due and owing at the time of entering into the | ||||||
8 | deferred payment agreement, and the water or sewer utility | ||||||
9 | shall allow a minimum of 2 months from the date of the | ||||||
10 | agreement and a maximum of 12 months for payment to be made | ||||||
11 | under a deferred payment agreement. Late payment charges may be | ||||||
12 | assessed against the amount owing that is the subject of a | ||||||
13 | deferred payment agreement. | ||||||
14 | (c) A water or sewer utility shall provide notice as | ||||||
15 | required by subsection (a) of Section 9-201 after the filing of | ||||||
16 | each information sheet under a purchased water surcharge, | ||||||
17 | purchased sewage treatment surcharge, or qualifying | ||||||
18 | infrastructure plant surcharge. The utility also shall post | ||||||
19 | notice of the filing in accordance with the requirements of 83 | ||||||
20 | Ill. Adm. Code 255. Unless filed as part of a general rate | ||||||
21 | increase, notice of the filing of a purchased water surcharge | ||||||
22 | rider, purchased sewage treatment surcharge rider, or | ||||||
23 | qualifying infrastructure plant surcharge rider also shall be | ||||||
24 | given in the manner required by this subsection (c) for the | ||||||
25 | filing of information sheets. | ||||||
26 | (d) Commission rules pertaining to formal and informal |
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1 | complaints against public utilities shall apply with full and | ||||||
2 | equal force to water and sewer utilities and their customers, | ||||||
3 | including provisions of 83 Ill. Adm. Code 280.170, and the | ||||||
4 | Commission shall respond to each complaint by providing the | ||||||
5 | consumer with a copy of the utility's response to the complaint | ||||||
6 | and a copy of the Commission's review of the complaint and its | ||||||
7 | findings. The Commission shall also provide the consumer with | ||||||
8 | all available options for recourse. | ||||||
9 | (e) Any refund shown on the billing statement of a customer | ||||||
10 | of a water or sewer utility must be itemized and must state if | ||||||
11 | the refund is an adjustment or credit. | ||||||
12 | (f) Water service for building construction purposes. At | ||||||
13 | the request of any municipality or township within the service | ||||||
14 | area of a public utility that provides water service to | ||||||
15 | customers within the municipality or township, a public utility | ||||||
16 | must (1) require all water service used for building | ||||||
17 | construction purposes to be measured by meter and subject to | ||||||
18 | approved rates and charges for metered water service and (2) | ||||||
19 | prohibit the unauthorized use of water taken from hydrants or | ||||||
20 | service lines installed at construction sites. | ||||||
21 | (g) Water meters. | ||||||
22 | (1) Periodic testing. Unless otherwise approved by the | ||||||
23 | Commission, each service water meter shall be periodically | ||||||
24 | inspected and tested in accordance with the schedule | ||||||
25 | specified in 83 Ill. Adm. Code 600.340, or more frequently | ||||||
26 | as the results may warrant, to insure that the meter |
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1 | accuracy is maintained within the limits set out in 83 Ill. | ||||||
2 | Adm. Code 600.310. | ||||||
3 | (2) Meter tests requested by customer. | ||||||
4 | (A) Each utility furnishing metered water service | ||||||
5 | shall, without charge, test the accuracy of any meter | ||||||
6 | upon request by the customer served by such meter, | ||||||
7 | provided that the meter in question has not been tested | ||||||
8 | by the utility or by the Commission within 2 years | ||||||
9 | previous to such request. The customer or his or her | ||||||
10 | representatives shall have the privilege of witnessing | ||||||
11 | the test at the option of the customer. A written | ||||||
12 | report, giving the results of the test, shall be made | ||||||
13 | to the customer. | ||||||
14 | (B) When a meter that has been in service less than | ||||||
15 | 2 years since its last test is found to be accurate | ||||||
16 | within the limits specified in 83 Ill. Adm. Code | ||||||
17 | 600.310, the customer shall pay a fee to the utility | ||||||
18 | not to exceed the amounts specified in 83 Ill. Adm. | ||||||
19 | Code 600.350(b). Fees for testing meters not included | ||||||
20 | in this Section or so located that the cost will be out | ||||||
21 | of proportion to the fee specified will be determined | ||||||
22 | by the Commission upon receipt of a complete | ||||||
23 | description of the case. | ||||||
24 | (3) Commission referee tests. Upon written application | ||||||
25 | to the Commission by any customer, a test will be made of | ||||||
26 | the customer's meter by a representative of the Commission. |
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1 | For such a test, a fee as provided for in subsection (g)(2) | ||||||
2 | shall accompany the application. If the meter is found to | ||||||
3 | be registering more than 1.5% fast on the average when | ||||||
4 | tested as prescribed in 83 Ill. Adm. Code 600.310, the | ||||||
5 | utility shall refund to the customer the amount of the fee. | ||||||
6 | The utility shall in no way disturb the meter after a | ||||||
7 | customer has made an application for a referee test until | ||||||
8 | authority to do so is given by the Commission or the | ||||||
9 | customer in writing. | ||||||
10 | (h) Water and sewer utilities; low usage. Each public | ||||||
11 | utility that provides water and sewer service must establish a | ||||||
12 | unit sewer rate, subject to review by the Commission, that | ||||||
13 | applies only to those customers who use less than 1,000 gallons | ||||||
14 | of water in any billing period. | ||||||
15 | (i) Water and sewer utilities; separate meters. Each public | ||||||
16 | utility that provides water and sewer service must offer | ||||||
17 | separate rates for water and sewer service to any commercial or | ||||||
18 | residential customer who uses separate meters to measure each | ||||||
19 | of those services. In order for the separate rate to apply, a | ||||||
20 | combination of meters must be used to measure the amount of | ||||||
21 | water that reaches the sewer system and the amount of water | ||||||
22 | that does not reach the sewer system. | ||||||
23 | (j) Each water or sewer public utility must disclose on | ||||||
24 | each billing statement any amount billed that is for service | ||||||
25 | provided prior to the date covered by the billing statement. | ||||||
26 | The disclosure must include the dates for which the prior |
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1 | service is being billed. Each billing statement that includes | ||||||
2 | an amount billed for service provided prior to the date covered | ||||||
3 | by the billing statement must disclose the dates for which that | ||||||
4 | amount is billed and must include a copy of the document | ||||||
5 | created under subsection (a) and a statement of current | ||||||
6 | Commission rules concerning unbilled or misbilled service. | ||||||
7 | (k) When the customer is due a refund resulting from | ||||||
8 | payment of an overcharge, the utility shall credit the customer | ||||||
9 | in the amount of overpayment with interest from the date of | ||||||
10 | overpayment by the customer. The rate for interest shall be at | ||||||
11 | the appropriate rate determined by the Commission under 83 Ill. | ||||||
12 | Adm. Code 280.70. | ||||||
13 | (l) Water and sewer public utilities; subcontractors. The | ||||||
14 | Commission shall adopt rules for water and sewer public | ||||||
15 | utilities to provide notice to the customers of the proper kind | ||||||
16 | of identification that a subcontractor must present to the | ||||||
17 | customer, to prohibit a subcontractor from soliciting or | ||||||
18 | receiving payment of any kind for any service provided by the | ||||||
19 | water or sewer public utility or the subcontractor, and to | ||||||
20 | establish sanctions for violations. | ||||||
21 | (m) Water and sewer public utilities; unaccounted-for | ||||||
22 | water. By December 31, 2006, each water public utility shall | ||||||
23 | file tariffs with the Commission to establish the maximum | ||||||
24 | percentage of unaccounted-for water that would be considered in | ||||||
25 | the determination of any rates or surcharges. The rates or | ||||||
26 | surcharges approved for a water public utility shall not |
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1 | include charges for unaccounted-for water in excess of this | ||||||
2 | maximum percentage without well-documented support and | ||||||
3 | justification for the Commission to consider in any request to | ||||||
4 | recover charges in excess of the tariffed maximum percentage. | ||||||
5 | (n) Rate increases; public forums. When any public utility | ||||||
6 | providing water or sewer service proposes a general rate | ||||||
7 | increase, in addition to other notice requirements, the water | ||||||
8 | or sewer public utility must notify its customers of their | ||||||
9 | right to request a public forum. A customer or group of | ||||||
10 | customers must make written request to the Commission for a | ||||||
11 | public forum and must also provide written notification of the | ||||||
12 | request to the customer's municipal or, for unincorporated | ||||||
13 | areas, township government. The Commission, at its discretion, | ||||||
14 | may schedule the public forum. If it is determined that public | ||||||
15 | forums are required for multiple municipalities or townships, | ||||||
16 | the Commission shall schedule these public forums, in locations | ||||||
17 | within approximately 45 minutes drive time of the | ||||||
18 | municipalities or townships for which the public forums have | ||||||
19 | been scheduled. The public utility must provide advance notice | ||||||
20 | of 30 days for each public forum to the governing bodies of | ||||||
21 | those units of local government affected by the increase. The | ||||||
22 | day of each public forum shall be selected so as to encourage | ||||||
23 | the greatest public participation. Each public forum will begin | ||||||
24 | at 7:00 p.m. Reports and comments made during or as a result of | ||||||
25 | each public forum must be made available to the hearing | ||||||
26 | officials and reviewed when drafting a recommended or tentative |
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1 | decision, finding or order pursuant to Section 10-111 of this | ||||||
2 | Act. The provisions of this subsection shall not apply to a | ||||||
3 | water or sewer public utility with $300,000 or less of annual | ||||||
4 | operating revenues that requests a rate increase using the | ||||||
5 | Commission's Simplified Rate Case Procedures, provided that | ||||||
6 | customers of the public utilities are notified (i) of any | ||||||
7 | requested rate increase, (ii) of their right to provide | ||||||
8 | comments to the Commission about utility service and the | ||||||
9 | requested rate increase, and (iii) of their right to request a | ||||||
10 | public meeting at which the requested rate increase shall be | ||||||
11 | discussed.
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12 | (Source: P.A. 94-950, eff. 6-27-06.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
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