HB5605 100TH GENERAL ASSEMBLY

LRB100 20055 AWJ 35337 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5605

Introduced , by Rep. Thaddeus Jones

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-129-6.5 new
65 ILCS 5/11-130-3.5 new
65 ILCS 5/11-139-8.5 new
30 ILCS 805/8.42 new

Amends the Illinois Municipal Code. Provides that a municipal waterworks system, water supply system, or combined waterworks and sewerage system may not charge consumers for the provision of water service in an amount that is determined by a court to be unconscionably extreme or represents a gross disparity between the cost to the municipality of providing the water service and the cost charged to the consumer. Limits home rule powers. Amends the State Mandates Act requiring implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY	HOME RULE NOTE ACT MAY APPLY	HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by adding Sections 11-129-6.5, 11-130-3.5, and 11-139-8.5 as follows:

(65 ILCS 5/11-129-6.5 new)

Sec. 11-129-6.5. Unconscionable rates; gross disparities.

(a) A municipal waterworks system or water supply system may not charge consumers for the provision of water service in an amount that:

(1) is determined by a court to be unconscionably extreme; or

(2) represents a gross disparity between the cost to the municipality of providing the water service and the cost charged to the consumer.

(b) A home rule municipality may not charge consumers for the provision of water service in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(65 ILCS 5/11-130-3.5 new)

Sec. 11-130-3.5. Unconscionable rates; gross disparities.

(a) A municipal waterworks system may not charge consumers for the provision of water service in an amount that:

(1) is determined by a court to be unconscionably extreme; or

(2) represents a gross disparity between the cost to the municipality of providing the water service and the cost charged to the consumer.

(b) A home rule municipality may not charge consumers for the provision of water service in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(65 ILCS 5/11-139-8.5 new)

Sec. 11-139-8.5. Unconscionable rates; gross disparities.

(a) A municipality that maintains and operations a combined waterworks and sewerage system may not charge consumers for the provision of water service in an amount that:

(1) is determined by a court to be unconscionably extreme; or

(2) represents a gross disparity between the cost to the municipality of providing the water service and the cost charged to the consumer.

(b) A home rule municipality may not charge consumers for the provision of water service in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 90. The State Mandates Act is amended by adding Section 8.42 as follows:

(30 ILCS 805/8.42 new)

Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 100th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.