99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1556

 

Introduced , by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Water Rate Protection Act. Creates the Water Rate Protection Board to exercise specified powers and duties, including holding hearings and regulating water rates that a municipal water provider with a population over 500,000 may impose upon units of local government that purchase water from the municipal water provider for delivery to consumers. Contains provisions regarding: appointment of board members and election of board officers; employment of hearing examiners and staff by the board; mailings; prohibited acts; conflicts of interest; records; water rates and rate schedules; judicial review; costs; expenses; construction; liability; and other matters. Limits home rule powers.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning water.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Water
5Rate Protection Act.
 
6    Section 5. Purpose. The purpose of this Act is to promote
7the health, welfare, and prosperity of Illinois residents by
8ensuring that safe and reliable water service is provided to
9municipalities at rates that bear a reasonable relationship to
10the actual costs incurred in providing and delivering the
11water, establishing a quasi-judicial body to regulate certain
12water rates that are not subject to regulation by the Illinois
13Commerce Commission, and providing education on water rates and
14on benefits and methods of water conservation. Such purpose
15shall be deemed a statewide interest and not a private or
16special concern.
 
17    Section 10. Definitions. As used in this Act:
18    "Agency" means the Water Rate Protection Board.
19    "Board" means the board of directors of the agency.
20    "Director" means a member of the board.
21    "Municipal water consumer" means any unit of local
22government that purchases its water supply from a municipal

 

 

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1water provider and thereafter transmits, delivers or furnishes
2such water to consumers.
3    "Municipal water provider" means a political subdivision
4or municipal corporation of this State with a population
5exceeding 500,000 inhabitants that owns, operates, manages, or
6controls any plant or equipment, or any part of a plant or
7equipment, within this State, regardless of whether such plant
8or equipment is operated by a lessee or operating agent, for
9the production, transmission, delivery, or furnishing of water
10either directly or indirectly to a municipal water consumer.
 
11    Section 15. Water rate protection board: formation. There
12is created a public body corporate and politic to be known as
13the Water Rate Protection Board.
 
14    Section 20. Powers and duties.
15    (1) The agency shall represent and protect the interests of
16municipal water consumers of this State. All actions by the
17agency under this Act shall be directed toward such duty;
18provided that the agency may also give due consideration to the
19interests of business in the State.
20    (2) The agency shall have all the powers necessary or
21convenient for the effective representation and protection of
22the interests of municipal water consumers and to implement
23this Act, including the following powers in addition to all
24other powers granted by this Act:

 

 

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1        (A) To make, amend and repeal bylaws and rules for the
2    regulation of its affairs and the conduct of its business;
3    to adopt an official seal and alter it at its pleasure; to
4    maintain an office; to sue and be sued in its own name,
5    plead and be impleaded; and to make and execute contracts
6    and other instruments necessary or convenient to the
7    exercise of the powers of the agency.
8        (B) To employ such hearing examiners, agents,
9    employees and special advisors as it finds necessary and to
10    fix their compensation.
11        (C) To solicit and accept gifts, loans, or other aid in
12    order to support activities concerning the interests of
13    municipal water consumers.
14        (D) To conduct hearings to determine the
15    appropriateness of water rates charged to municipal water
16    consumers and to otherwise participate in any proceeding
17    which affects the interest of municipal water consumers.
18        (E) To represent the interests of municipal water
19    consumers before the courts, administrative agencies and
20    other public bodies, except that no director, employee or
21    agent of the agency may engage in lobbying without first
22    complying with any applicable statute, administrative rule
23    or other regulation relating to lobbying.
24        (F) To implement solicitation for agency funding.
25        (G) To provide information and advice to municipal
26    water consumers on any matter with respect to water

 

 

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1    service, including but not limited to information and
2    advice on benefits and methods of water conservation.
3        (H) To promulgate such additional rules, regulations,
4    and procedures as are necessary to carry out the intent of
5    this Act.
6    (3) The powers, duties, rights, and privileges conferred or
7imposed upon the agency by this Act may not be transferred.
8    (4) The agency shall refrain from interfering with
9collective bargaining rights of any employees of a municipal
10water provider.
 
11    Section 25. Board. The agency shall be managed by, and its
12powers, functions, and duties shall be exercised through, a
13board to be composed as follows:
14        (1) Appointment and term.
15            (A) The Board shall be composed of 5 directors
16        appointed by the Governor as follows: the Governor
17        shall appoint one director from among the
18        recommendations of the President of the Senate; the
19        Governor shall appoint one director from among the
20        recommendations of the Senate Minority Leader; the
21        Governor shall appoint one director from among the
22        recommendations of the Speaker of the House; the
23        Governor shall appoint one director from among the
24        recommendations of the House Minority Leader; and the
25        Governor shall appoint one director at large.

 

 

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1            (B) Terms of directors. Directors shall be
2        appointed for 4-year terms.
3            (C) Directors shall serve until their successors
4        are appointed and have qualified.
5        (2) Qualifications. A director shall be a resident of a
6    municipal water consumer. No person who is an employee in
7    any managerial or supervisory capacity, director, officer
8    or agent or who is a member of the immediate family of any
9    such employee, director, officer or agent of any municipal
10    water provider is eligible to be a director. No director
11    may hold any elective position, be a candidate for any
12    elective position, be a State public official or be
13    employed in a governmental position exempt from the
14    Personnel Code.
15        (3) Director, family member employment. No director,
16    or member of his or her immediate family shall, either
17    directly or indirectly, be employed for compensation as a
18    staff member or consultant of the agency.
19        (4) Meetings. The board shall hold regular meetings at
20    least once every 3 months on such dates and at such places
21    as it may determine. Special meetings may be called by the
22    president or by a majority of the directors. Unless
23    otherwise provided in the bylaws, a majority of the board
24    of directors shall constitute a quorum. The act of the
25    majority of the directors, present at a meeting at which a
26    quorum is present, shall be the act of the board of

 

 

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1    directors unless the act of a greater number is required by
2    this Act or bylaws. Meetings of the board shall be
3    conducted in compliance with the Open Meetings Act.
4        (5) Expenses. A director may not receive any
5    compensation for his or her services but shall be
6    reimbursed for necessary expenses, including travel
7    expenses incurred in the discharge of duties. The board
8    shall establish standard allowances for mileage, room and
9    meals and the purposes for which such allowances may be
10    made and shall determine the reasonableness and necessity
11    for such reimbursements. The board shall include the
12    schedule of such standard allowances in the annual report
13    under Section 30.
14        (6) Bonding. Directors and employees eligible to
15    disburse funds shall be bonded. The costs of such bonds
16    shall be paid by the agency.
 
17    Section 30. Duties of directors. The board shall have the
18following duties:
19        (1) To establish the policy of the agency regarding
20    appearances before regulatory agencies, legislative bodies
21    and other public authorities, and regarding other
22    activities which the agency has the authority to perform
23    under this Act.
24        (2) To employ an executive director who shall have the
25    following powers and duties, subject at all times to the

 

 

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1    direction and supervision of the board:
2            (A) To implement the policy established by the
3        board under subsection (1).
4            (B) To employ and discharge employees of the
5        agency.
6            (C) To supervise the offices, facilities and work
7        of the employees of the agency.
8            (D) To have custody of and maintain the books and
9        records of the agency under this Act.
10            (E) To prepare and submit to the board annual and
11        quarterly statements of the financial and substantive
12        operations of the agency, and financial estimates for
13        the future operations of the agency.
14            (F) To attend and participate in meetings of the
15        board, but without a vote.
16            (G) To file annually with the board a current
17        financial statement that includes the information
18        required under Section 35.
19            (H) To exercise such other powers and perform such
20        other duties as the board delegates.
21        (3) To ensure preparation of:
22            (A) Quarterly statements of the financial and
23        substantive operations of the agency.
24            (B) An audit of the agency's books at least once
25        each fiscal year. The audit shall be by a certified
26        public accountant.

 

 

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1            (C) An annual report of the agency's financial and
2        substantive operations. The agency shall prepare the
3        report at the close of the agency's fiscal year.
4        (4) To carry out all other duties and responsibilities
5    imposed upon the agency and the board under this Act.
 
6    Section 35. Executive director: qualifications;
7appointment; financial statement.
8    (1) The executive director hired by the board under Section
930 shall have the same qualifications as a director under
10Section 25, except that the executive director need not be a
11resident of a municipal water consumer.
12    (2) To hire the executive director under Section 30, the
13board shall adhere to all applicable State or federal laws
14prohibiting discrimination in employment.
15    (3) The board shall require all applicants for the position
16of executive director of the agency to file a financial
17statement which includes the following information:
18        (A) The occupation, employer and position at place of
19    employment of the applicant and of his or her immediate
20    family members.
21        (B) A list of all corporate directorships or other
22    offices, and of all fiduciary relationships, held in the
23    past 3 years by the applicant and by his or her immediate
24    family members.
25        (C) The name of any creditor to whom the applicant or a

 

 

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1    member of the applicant's immediate family owes $10,000 or
2    more.
3        (D) The name of any corporation in which the applicant
4    holds a security, the current market value of which is
5    $5,000 or more.
6        (E) An affirmation, subject to penalty of perjury, that
7    the information contained in the statement of financial
8    interests is true and complete.
9        (F) A statement concerning his or her personal
10    background and positions on issues relating to publicly and
11    privately owned utilities or the operations of the agency.
12    The statement shall contain an affirmation, subject to
13    penalty of perjury, that the candidate meets the
14    qualifications prescribed for directors in subsection (2)
15    of Section 25.
16    (4) The board shall require the executive director to file
17a current financial statement annually.
 
18    Section 40. Hearing examiners. The executive director
19shall employ hearing examiners to estimate proper rates of
20service of municipal water providers or to examine other
21questions coming before the agency, by taking testimony or by
22independent investigation. Hearing examiners shall take
23testimony of witnesses, examine accounts, records, books,
24papers, and physical properties, either by holding hearings or
25making independent investigations and attend hearings before

 

 

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1the agency when so directed, for the purpose of explaining
2their investigations and the result thereof to the agency and
3the parties interested; and perform such other duties as the
4executive director may direct. All hearing examiners shall be
5licensed to practice law in the State of Illinois and
6thoroughly familiar with applicable rules of evidence,
7procedure, and administrative law.
 
8    Section 45. Mailing procedure.
9    (1) As used in this Section:
10    "Enclosure" means a card, leaflet, envelope or combination
11thereof furnished by the agency under this Section.
12    "Mailing" means any communication by a State agency which
13is sent through the United States Postal Service to more than
1450,000 persons within a 12-month period.
15    "State agency" means any officer, department, board,
16commission, institution, or entity of the executive or
17legislative branches of State government.
18    (2) To accomplish its powers and duties under Section 20,
19the agency, subject to the following limitations, may prepare
20and furnish to any State agency an enclosure to be included
21with a mailing by that agency.
22        (A) A State agency furnished with an enclosure shall
23    include the enclosure within the mailing designated by the
24    agency.
25        (B) An enclosure furnished by the agency under this

 

 

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1    Section shall be provided to the State agency a reasonable
2    period of time in advance of the mailing.
3        (C) An enclosure furnished by the agency under this
4    Section shall be limited to informing the reader of the
5    purpose, nature and activities of the agency as set forth
6    in this Act and informing the reader that it may contribute
7    money to the agency directly.
8        (D) Prior to furnishing an enclosure to the State
9    agency, the board or its designee shall approve of the
10    content of the enclosure, which approval may be granted if
11    the board or its designee determines that the enclosure (i)
12    is not false or misleading and (ii) satisfies the
13    requirements of this Act.
14    (3) The agency shall reimburse each State agency for all
15reasonable incremental costs incurred by the State agency in
16complying with this Section above the agency's normal mailing
17and handling costs, provided that:
18        (A) The State agency shall first furnish the agency
19    with an itemized accounting of such additional cost; and
20        (B) The agency shall not be required to reimburse the
21    State agency for postage costs if the weight of the
22    agency's enclosure does not exceed 0.35 ounce avoirdupois.
23    If the agency's enclosure exceeds that weight, then it
24    shall be required to reimburse the State agency only for
25    postage cost over and above what the agency's postage cost
26    would have been had the enclosure weighed only 0.35 ounce

 

 

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1    avoirdupois.
 
2    Section 50. Prohibited acts.
3    (1) No person may interfere or threaten to interfere with
4or cause any interference with water service or with the water
5service of or penalize any person who contributes to the agency
6or participates in any of its activities, in retribution for
7such contribution or participation.
8    (2) No person may act with intent to prevent, interfere
9with, or hinder the activities permitted under this Act.
10    (3) A person who violates this Section commits a petty
11offense and may be fined not more than $1,000. Each such
12violation shall constitute a separate and continuing violation
13of this Act. A person who knowingly and willfully violates this
14Section commits a Class B misdemeanor.
 
15    Section 55. Public records. The records of the agency shall
16be subject to the Freedom of Information Act.
 
17    Section 60. Board officers.
18    (1) Election. The board of directors, at the first regular
19meeting at which a quorum is present, shall elect by a majority
20vote of the directors present and voting a president, vice
21president, secretary, and treasurer. The board may elect such
22other officers as it deems necessary.
23    (2) Term of office.

 

 

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1        (A) Board officers shall begin serving immediately
2    upon their election and their term of office shall be 2
3    years. After his or her term of office has expired, a board
4    officer shall continue to serve until his or her successor
5    is elected and certified.
6        (B) If a board office is vacant, the board shall elect
7    a successor to serve out the term of the office.
8    (3) Powers and duties. Board officers shall exercise powers
9and perform duties as prescribed by this Act or as delegated to
10them by the board.
 
11    Section 65. Corrupt practices and conflicts of interest.
12    (1) No person may offer or give anything of monetary value
13to any director, hearing examiner, employee, or agent of the
14agency if the offer or gift influences, or is intended to
15influence, the action or judgment of the director, hearing
16examiner, employee, or agent of the agency in his or her
17capacity as director, hearing examiner, employee, or agent of
18the agency.
19    (2) No director, hearing examiner, employee, or agent of
20the agency may solicit or accept anything of monetary value
21from any person if the solicitation or acceptance influences,
22or is intended to influence, the official action or judgment of
23the director, hearing examiner, employee, or agent in his or
24her capacity as director, hearing examiner, employee, or agent
25of the agency.

 

 

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1    (3) Any person who knowingly and willfully violates this
2Section commits a Class B misdemeanor with a maximum fine of
3$1,000.
4    (4) The Governor shall remove from office any director
5convicted under this Section.
 
6    Section 70. Rates. All water rates or other charges made by
7a municipal water provider and demanded from a municipal water
8consumer shall be reasonably related to the municipal water
9provider's actual costs in providing and delivering the water.
10Any water rates that are not reasonably related to the actual
11costs of providing and delivering the water are hereby
12prohibited and declared unlawful. All rules and regulations
13made by a municipal water provider affecting or pertaining to
14its charges to municipal water consumers shall be just and
15reasonable.
 
16    Section 75. Rate schedules; posting.
17    (1) Every municipal water provider shall file with the
18agency and shall print and keep open to public inspection
19schedules showing all rates and other charges, and
20classifications, which are in force at the time and applicable
21to municipal water consumers. Every municipal water provider
22shall file with and as a part of such schedule and shall state
23separately all rules, regulations, storage or other charges,
24privileges, and contracts that in any manner affect the rates

 

 

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1charged or to be charged to municipal water consumers. But
2nothing in this Section shall prevent the agency from approving
3or fixing rates or other charges or classifications, from time
4to time, in excess of or less than those shown by said
5schedules.
6    (2) Subject to such rules and regulations as the agency may
7prescribe, the schedules referred to in this Section shall be
8posted or kept on file in the main office of the municipal
9water provider. Any or all of such schedules kept as aforesaid
10shall be immediately produced by such municipal water provider
11for inspection upon the demand of any person. A notice printed
12in bold type, in size prescribed by the agency, stating that
13such schedules are on file with the agent and open to
14inspection by any person, and that the agent will assist any
15person to determine from such schedules any rates or other
16charges, classification, rules, or regulations in force, shall
17be kept posted by the municipal water provider in 2 public and
18conspicuous places in every such office.
 
19    Section 80. Changes to water rates.
20    (1) Unless the agency otherwise orders, and except as
21otherwise provided in this Section, no change shall be made by
22any municipal water provider in any rate or other charge or
23classification, or in any rule, regulation, practice, or
24contract relating to or affecting any municipal water consumer,
25except after 45 days' notice to the agency and to the public as

 

 

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1herein provided. Such notice shall be given by filing with the
2agency and keeping open for public inspection new schedules or
3supplements stating plainly the change or changes to be made in
4the schedule or schedules then in force, and the time when the
5change or changes will go into effect, and by publication in a
6newspaper of general circulation or such other notice to
7persons affected by such change as may be prescribed by rule of
8the agency. In addition to the other notice requirements of
9this Act, a municipal water provider shall provide notice of
10such change to all customers potentially affected by including
11a notice and description of such change, and of agency
12procedures for intervention, in the first bill sent to each
13such customer after the filing of the proposed change. The
14agency, for good cause shown, may allow changes without
15requiring the 45 days' notice herein provided for, by an order
16specifying the changes so to be made and the time when they
17shall take effect and the manner in which they shall be filed
18and published.
19    (2) Whenever there shall be filed with the agency any
20schedule stating a change to a rate or other charge,
21classification, contract, practice, rule, or regulation
22affecting a municipal water consumer, the agency shall have
23power, and it is hereby given authority, either upon complaint
24or upon its own initiative without complaint, at once, and if
25it so orders, without answer or other formal pleadings by the
26municipal water provider, but upon reasonable notice, to enter

 

 

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1upon a hearing concerning the propriety of such rate or other
2charge, classification, contract, practice, rule, or
3regulation, and pending the hearing and decision thereon, such
4rate or other charge, classification, contract, practice,
5rule, or regulation shall not go into effect. The period of
6suspension of such rate or other charge, classification,
7contract, practice, rule, or regulation shall not extend more
8than 105 days beyond the time when such rate or other charge,
9classification, contract, practice, rule, or regulation would
10otherwise go into effect unless the agency, in its discretion,
11extends the period of suspension for a further period not
12exceeding 6 months.
13    (3) All rates or other charges, classifications,
14contracts, practices, rules, or regulations not so suspended
15shall, on the expiration of 45 days from the time of filing the
16same with the agency, or of such lesser time as the agency may
17grant, go into effect and be the established and effective
18rates or other charges, classifications, contracts, practices,
19rules, and regulations, subject to the power of the agency,
20after a hearing had on its own motion or upon complaint, as
21herein provided, to alter or modify the same.
22    (4) Within 30 days after such changes have been authorized
23by the agency, copies of the new or revised schedules shall be
24posted or filed in accordance with the terms of this Act, in
25such a manner that all changes shall be plainly indicated. The
26agency shall incorporate into the period of suspension a review

 

 

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1period of 4 business days during which the agency may review
2and determine whether the new or revised schedules comply with
3the agency's decision approving a change to the municipal water
4provider's rates. Such review period shall not extend the
5suspension period by more than 2 days. Absent notification to
6the contrary within the 4 business day period, the new or
7revised schedules shall be deemed approved.
8    (5) If the agency enters upon a hearing concerning the
9propriety of any proposed rate or other charge, classification,
10contract, practice, rule, or regulation, the agency shall
11establish the rates or other charges, classifications,
12contracts, practices, rules, or regulations proposed, in whole
13or in part, or others in lieu thereof, which it shall find to
14be just and reasonable. In such hearing, the burden of proof to
15establish the justness and reasonableness of the proposed rates
16or other charges, classifications, contracts, practices, rules
17or regulations, in whole and in part, shall be upon the
18municipal water provider. The municipal water provider, the
19staff of the agency, or any party to a proceeding initiated
20under this Section who has been granted intervenor status and
21submitted a post-hearing brief must be given the opportunity to
22present oral argument, if requested no later than the date for
23filing exceptions, on the propriety of any proposed rate or
24other charge, classification, contract, practice, rule, or
25regulation. No rate or other charge, classification, contract,
26practice, rule, or regulation shall be found just and

 

 

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1reasonable unless it is consistent with this Act.
2    (6) The agency shall have power, upon a hearing, had upon
3its own motion or upon complaint, to investigate a single rate
4or other charge, classification, rule, regulation, contract or
5practice, or any number thereof, or the entire schedule or
6schedules of rates or other charges, classifications, rules,
7regulations, contracts and practices, or any thereof of any
8municipal water provider, and to establish new rates or other
9charges, classifications, rules, regulations, contracts, or
10practices or schedule or schedules, in lieu thereof.
 
11    Section 85. Agency determinations.
12    (1) Whenever the agency, after a hearing had upon its own
13motion or upon complaint, shall find that the rates or other
14charges, or classifications, or any of them, demanded,
15observed, charged, or collected by a municipal water provider
16for water to municipal water consumer, or that the rules,
17regulations, contracts, or practices or any of them, affecting
18such rates or other charges, or classifications, are unjust,
19unreasonable, discriminatory, or preferential, or in any way in
20violation of any provisions of law, or that such rates or other
21charges or classifications are insufficient, the agency shall
22determine the just, reasonable, or sufficient rates or other
23charges, classifications, rules, regulations, contracts, or
24practices to be thereafter observed and in force, and shall fix
25the same by order.

 

 

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1    (2) When the agency finds, after a hearing, that the
2municipal water provider has charged a municipal water consumer
3water rates that are excessive or unjustly discriminatory, the
4agency may order that the municipal water provider make due
5reparation to the complainant therefor, with interest at the
6legal rate from the date of payment of such excessive or
7unjustly discriminatory amount.
8    (3) If the municipal water provider does not comply with an
9order of the agency for the payment of money within the time
10fixed in such order, the complainant, or any person for whose
11benefit such order was made, may file in a circuit court a
12complaint setting forth briefly the causes for which the person
13claims damages and the order of the agency in the premises.
14Such action shall proceed in all respects like other civil
15actions for damages, except that on the trial of such action
16the order of the agency shall be prima facie evidence of the
17facts therein stated. If the plaintiff shall finally prevail,
18he or she shall be allowed a reasonable attorney's fee to be
19taxed and collected as a part of the costs of the action.
20    (4) All complaints for the recovery of damages shall be
21filed with the agency within 2 years from the time the water
22supply as to which complaint is made was furnished, and a
23petition for the enforcement of an order of the agency for the
24payment of money shall be filed in the proper court within one
25year from the date of the order, except that if an appeal is
26taken from the order of the agency, the time from the taking of

 

 

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1the appeal until its final adjudication shall be excluded in
2computing the one year allowed for filing the complaint to
3enforce such order.
4    (5) The remedy provided in this Section shall be cumulative
5and in addition to any other remedy or remedies in this Act
6provided in case of failure of a municipal water provider to
7obey a rule, regulation, order, or decision of the agency.
 
8    Section 90. Uniform application of water rates. No
9municipal water provider shall charge, demand, collect, or
10receive a greater or less or different compensation for water
11furnished or to be furnished to a municipal water consumer, or
12for any service rendered or to be rendered to a municipal water
13consumer, than the rates or other charges as specified in its
14schedules on file and in effect at the time, nor shall any such
15municipal water provider refund or remit, directly or
16indirectly, in any manner or by any device, any portion of the
17rates or other charges so specified, nor extend to any
18municipal water consumer any form of contract or agreement or
19any rule or regulation or any facility or privilege except such
20as are regularly and uniformly extended to all municipal water
21consumers.
 
22    Section 95. Review by the courts. Any decision of the
23agency shall be reviewable only under and in accordance with
24the provisions of the Administrative Review Law, provided that

 

 

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1judicial review thereof shall be permitted only after any party
2claiming to be aggrieved thereby has exhausted his or her
3administrative remedies as provided by this Act.
 
4    Section 100. Costs. The reasonable costs of any hearing
5convened by the agency to carry out the purposes of this Act
6shall be borne by the applicable municipal water provider.
 
7    Section 105. Expenses. In addition to funds already
8appropriated to the Department of Natural Resources,
9appropriate funds necessary for expenses and liabilities
10incurred in carrying out the purposes of this Act.
 
11    Section 110. Construction.
12    (1) This Act, being necessary for the welfare of the State
13and its inhabitants, shall be liberally construed to effect its
14purposes.
15    (2) Nothing in this Act shall be construed to limit the
16right of any person to initiate, intervene in, or otherwise
17participate in any regulatory agency proceeding or court
18action, nor to require any petition or notification to the
19agency as a condition precedent to the exercise of such right,
20nor to relieve any regulatory agency or court of any
21obligation, or to affect its discretion, to permit intervention
22or participation by any person in any proceeding or action.
23    (3) This Act shall be interpreted consistently with the

 

 

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1Department of Natural Resources Act.
 
2    Section 115. Liability of municipal water provider. No
3municipal water provider shall be liable on any claim based on
4any action it is required to take to be in compliance with this
5Act.
 
6    Section 120. Home rule preemption. The provisions of this
7Act are declared to be an exclusive exercise of power by the
8State of Illinois pursuant to paragraphs (h) or (i) of Section
96 of Article VII of the Illinois Constitution. No home rule
10unit may impose any requirement or regulation inconsistent with
11or in addition to the requirements or regulations set forth in
12this Act.