Bill Text: IL SB0060 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Township Code. Provides that a township board may establish a fair and reasonable rate (currently, rate or charge) for users of waterworks systems and sewerage systems and a fair and reasonable connection charge for each new user. Provides that mayors or presidents of municipalities and customers must choose the independent entity to conduct the cost study, order the cost study, and pay for the cost study they requested. Further provides that the cost study must include an examination of residential and commercial connection charges for the waterworks system or sewerage system, whichever applies, in at least 30 units of local government in Illinois with a similar number of customers as are connected to the township's waterworks system and sewerage system (currently, examination of water main and sewer connection charges in neighboring units of local government or units of local government similar in size or population). Removes provisions concerning written quotes and payments for cost studies. Makes other changes. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-09-25 - Public Act . . . . . . . . . 100-0528 [SB0060 Detail]

Download: Illinois-2017-SB0060-Introduced.html

---

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB0060 Introduced 1/11/2017, by Sen. James F. Clayborne, Jr. SYNOPSIS AS INTRODUCED:
60 ILCS 1/205-140
Amends the Township Code. Provides that a township board may establish a fair and reasonable rate (currently, rate or charge) for users of waterworks systems and sewerage systems and a fair and reasonable connection charge for each new user. Provides that mayors or presidents of municipalities and customers must choose the independent entity to conduct the cost study, order the cost study, and pay for the cost study they requested. Further provides that the cost study must include an examination of residential and commercial connection charges for the waterworks system or sewerage system, whichever applies, in at least 30 units of local government in Illinois with a similar number of customers as are connected to the township's waterworks system and sewerage system (currently, examination of water main and sewer connection charges in neighboring units of local government or units of local government similar in size or population). Removes provisions concerning written quotes and payments for cost studies. Makes other changes. Effective immediately.
LRB100 06032 AWJ 16063 b
FISCAL NOTE ACT MAY APPLY HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
A BILL FOR
SB0060 LRB100 06032 AWJ 16063 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Township Code is amended by changing Section
205-140 as follows:
(60 ILCS 1/205-140)
Sec. 205-140. Initiating proceedings for particular
locality; rates and charges; lien.
(a) A township board may initiate proceedings under
Sections 205-130 through 205-150 in the manner provided by
Section 205-20.
(b) The township board may establish a fair and reasonable
the rate for or charge to each user of the waterworks system or
sewerage system, or combined waterworks and sewerage system, or
improvement or extension at a rate that will be sufficient to
pay the principal and interest of any bonds issued to pay the
cost of the system, improvement, or extension and the
maintenance and operation of the system, improvement, or
extension and may provide an adequate depreciation fund for the
bonds. Rates Charges or rates shall be established, revised,
and maintained by ordinance and become payable as the township
board determines by ordinance.
(b-5) The township board may establish a fair and

SB0060 - 2 - LRB100 06032 AWJ 16063 b
reasonable connection charge for each new user added to the
township's waterworks system or sewerage system.
(c) The charges or rates are liens upon the real estate
upon or for which sewerage service is supplied whenever the
charges or rates become delinquent as provided by the ordinance
of the board fixing a delinquency date.
(d) Notwithstanding any provision of law to the contrary,
the township shall conduct a cost study shall be conducted
regarding the connection charge of the township:
(1) before the township increases or creates a
connection charge;
(2) upon the request of the supervisor or a majority of
the township board of the township;
(3) upon the request of a majority of the mayors or
village presidents of the municipalities located within or
substantially within the township or township's facility
planning area; or
(4) upon the filing with the township board of a
petition signed by 10% or more of the customers who have
paid connection charges to the township in the previous 5
calendar years.
The cost study shall be conducted by an independent entity
within 6 months of action taken under paragraphs (1), (2), (3),
or (4) of this subsection (d). If a cost study is requested
under paragraphs (1) or (2) of this subsection, then the
township shall order and pay for the cost study. If a cost

SB0060 - 3 - LRB100 06032 AWJ 16063 b
study is requested under paragraphs (3) or (4) of this
subsection, then the municipalities whose mayors or presidents
requested the cost study under paragraph (3), or the customers
who filed a petition under paragraph (4), shall choose the
independent entity to conduct the cost study, order the cost
study, and pay for the cost study. For purposes of subsections
(d) and (e), the term "independent entity" shall mean an
engineering firm that has not entered into a contract with any
State agency, unit of local government, or non-governmental
entity for goods or services within the township or township
service area in the 24 months prior to being contracted to
perform the cost study. After performing a cost study under
this subsection (d), an independent entity may not contract
with any State agency, unit of local government, or
non-governmental entity for goods or services within the
township or township service area in the 24 months after
completion of the cost study other than to perform further cost
studies under this subsection (d). A township shall not be
required to conduct more than one cost study in a 60 month
period under paragraphs (3) or (4) of this subsection (d). The
cost study must include, at a minimum, an examination of
residential and commercial similar water main and sewer
connection charges for the waterworks system or sewerage
system, whichever applies, in at least 30 units of local
government in Illinois with a similar number of customers as
are connected to the township's waterworks system and sewerage

SB0060 - 4 - LRB100 06032 AWJ 16063 b
system in neighboring units of local government or units of
local government similar in size or population. Following the
completion of the cost study, no increase or new connection
charge may be imposed unless the increase or new charge is
justified by the cost study. If the connection charge the
township charged prior to completion of the cost study is
higher than is justified by the cost study, the township shall
reduce its connection charge to the amount justified by the
cost study. For purposes of this subsection (d), "connection
charge" means any charge or fee, by whatever name, assessed to
recover the cost of connecting the customer's water main,
sewer, or water main and sewer service line to the township's
facilities, and includes only the direct and indirect costs of
physically tying the service line into the township's main.
(e) (Blank). If a cost study has been conducted pursuant to
subsection (d) of this Section and a new cost study is
requested under paragraph (3) or (4) of subsection (d), the
township shall obtain a written quote from an independent
entity detailing the cost of the requested cost study and one
of the following shall occur prior to a new cost study
beginning:
(1) each township, village, and municipality whose
mayor or president requested the cost study under paragraph
(3) of subsection (d) shall pay a proportionate share of
the entire cost of the cost study as detailed in the
written quote required under this subsection (e); or

SB0060 - 5 - LRB100 06032 AWJ 16063 b
(2) the customers who signed the petition under
paragraph (4) of subsection (d) shall pay a pro rata share
of the entire cost of the cost study as detailed in written
quote required under this subsection (e).
Payments required under either paragraph (1) or (2) of this
subsection (e) shall be made to the township clerk, who shall
forward the same to the independent entity upon receipt of
entire amount of the written quote for the cost study. If the
entire amount of the written quote for the cost study has not
been received within 90 days from the township clerk providing
public note of the amount of the written quote, then those
amounts received by the township clerk shall be refunded to the
persons or entities which paid them.
(f) For purposes of this Section:
"Connection charge" means any nominal charge or fee, by
whatever name, assessed to recover the cost of connecting the
customer's water main, sewer, or water main and sewer service
line to the township's facilities, and includes only the direct
and indirect costs of physically tying the service line into
the township's main line in the adjoining utility easement.
"Independent entity" means an engineering firm that has not
entered into a contract with any State agency, unit of local
government, or non-governmental entity for goods or services
within the township or township service area in the 24 months
prior to being contracted to perform the cost study.
(Source: P.A. 99-481, eff. 9-22-15; 99-498, eff. 1-29-16.)

SB0060 - 6 - LRB100 06032 AWJ 16063 b