|
Public Act 094-0950 |
HB5555 Enrolled |
LRB094 19388 MKM 55053 b |
|
|
AN ACT concerning regulation.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Public Utilities Act is amended by adding |
Section 8-306 and by changing Section 9-223 as follows: |
(220 ILCS 5/8-306 new)
|
Sec. 8-306. Special provisions relating to water and sewer |
utilities. |
(a) No later than 120 days after the effective date of this |
amendatory Act of the 94th General Assembly, the Commission |
shall prepare, make available to customers upon request, and |
post on its Internet web site information concerning the |
service obligations of water and sewer utilities and remedies |
that a customer may pursue for a violation of the customer's |
rights. The information shall specifically address the rights |
of a customer of a water or sewer utility in the following |
situations: |
(1) The customer's water meter is replaced. |
(2) The customer's bill increases by more than 50% |
within one billing period. |
(3) The customer's water service is terminated. |
(4) The customer wishes to complain after receiving a |
termination of service notice. |
(5) The customer is unable to make payment on a billing |
statement. |
(6) A rate is filed, including without limitation a |
surcharge or annual reconciliation filing, that will |
increase the amount billed to the customer. |
(7) The customer is billed for services provided prior |
to the date covered by the billing statement. |
(8) The customer is due to receive a credit. |
Each billing statement issued by a water or sewer utility |
|
shall include an Internet web site address where the customer |
can view the information required under this subsection (a) and |
a telephone number that the customer may call to request a copy |
of the information.
|
(b) A water or sewer utility may discontinue service only |
after it has mailed or delivered by other means a written |
notice of discontinuance substantially in the form of Appendix |
A of 83 Ill. Adm. Code 280. The notice must include the |
Internet web site address where the customer can view the |
information required under subsection (a) and a telephone |
number that the customer may call to request a copy of the |
information. Any notice required to be delivered or mailed to a |
customer prior to discontinuance of service shall be delivered |
or mailed separately from any bill. Service shall not be |
discontinued until at least 5 days after delivery or 8 days |
after the mailing of this notice. Service shall not be |
discontinued and shall be restored if discontinued for the |
reason which is the subject of a dispute or complaint during |
the pendency of informal or formal complaint procedures of the |
Illinois Commerce Commission under 83 Ill. Adm. Code 280.160 or |
280.170, where the customer has complied with those rules. |
Service shall not be discontinued and shall be restored if |
discontinued where a customer has established a deferred |
payment agreement pursuant to 83 Ill. Adm. Code 280.110 and has |
not defaulted on such agreement. Residential customers who are |
indebted to a utility for past due utility service shall have |
the opportunity to make arrangements with the utility to retire |
the debt by periodic payments, referred to as a deferred |
payment agreement, unless this customer has failed to make |
payment under such a plan during the past 12 months. The terms |
and conditions of a reasonable deferred payment agreement shall |
be determined by the utility after consideration of the |
following factors, based upon information available from |
current utility records or provided by the customer or |
applicant: |
(1) size of the past due account; |
|
(2) customer or applicant's ability to pay; |
(3) customer or applicant's payment history; |
(4) reason for the outstanding indebtedness; and |
(5) any other relevant factors relating to the |
circumstances of the customer or applicant's service.
|
A residential customer shall pay a maximum of one-fourth of the |
amount past due and owing at the time of entering into the |
deferred payment agreement, and the water or sewer utility |
shall allow a minimum of 2 months from the date of the |
agreement and a maximum of 12 months for payment to be made |
under a deferred payment agreement. Late payment charges may be |
assessed against the amount owing that is the subject of a |
deferred payment agreement. |
(c) A water or sewer utility shall provide notice as |
required by subsection (a) of Section 9-201 after the filing of |
each information sheet under a purchased water surcharge, |
purchased sewage treatment surcharge, or qualifying |
infrastructure plant surcharge. The utility also shall post |
notice of the filing in accordance with the requirements of 83 |
Ill. Adm. Code 255. Unless filed as part of a general rate |
increase, notice of the filing of a purchased water surcharge |
rider, purchased sewage treatment surcharge rider, or |
qualifying infrastructure plant surcharge rider also shall be |
given in the manner required by this subsection (c) for the |
filing of information sheets. |
(d) Commission rules pertaining to formal and informal |
complaints against public utilities shall apply with full and |
equal force to water and sewer utilities and their customers, |
including provisions of 83 Ill. Adm. Code 280.170, and the |
Commission shall respond to each complaint by providing the |
consumer with a copy of the utility's response to the complaint |
and a copy of the Commission's review of the complaint and its |
findings. The Commission shall also provide the consumer with |
all available options for recourse. |
(e) Any refund shown on the billing statement of a customer |
of a water or sewer utility must be itemized and must state if |
|
the refund is an adjustment or credit. |
(f) Water service for building construction purposes. At |
the request of any municipality or township within the service |
area of a public utility that provides water service to |
customers within the municipality or township, a public utility |
must (1) require all water service used for building |
construction purposes to be measured by meter and subject to |
approved rates and charges for metered water service and (2) |
prohibit the unauthorized use of water taken from hydrants or |
service lines installed at construction sites. |
(g) Water meters. |
(1) Periodic testing. Unless otherwise approved by the |
Commission, each service water meter shall be periodically |
inspected and tested in accordance with the schedule |
specified in 83 Ill. Adm. Code 600.340, or more frequently |
as the results may warrant, to insure that the meter |
accuracy is maintained within the limits set out in 83 Ill. |
Adm. Code 600.310. |
(2) Meter tests requested by customer. |
(A) Each utility furnishing metered water service |
shall, without charge, test the accuracy of any meter |
upon request by the customer served by such meter, |
provided that the meter in question has not been tested |
by the utility or by the Commission within 2 years |
previous to such request. The customer or his or her |
representatives shall have the privilege of witnessing |
the test at the option of the customer. A written |
report, giving the results of the test, shall be made |
to the customer. |
(B) When a meter that has been in service less than |
2 years since its last test is found to be accurate |
within the limits specified in 83 Ill. Adm. Code |
600.310, the customer shall pay a fee to the utility |
not to exceed the amounts specified in 83 Ill. Adm. |
Code 600.350(b). Fees for testing meters not included |
in this Section or so located that the cost will be out |
|
of proportion to the fee specified will be determined |
by the Commission upon receipt of a complete |
description of the case. |
(3) Commission referee tests. Upon written application |
to the Commission by any customer, a test will be made of |
the customer's meter by a representative of the Commission. |
For such a test, a fee as provided for in subsection (g)(2) |
shall accompany the application. If the meter is found to |
be registering more than 1.5% fast on the average when |
tested as prescribed in 83 Ill. Adm. Code 600.310, the |
utility shall refund to the customer the amount of the fee. |
The utility shall in no way disturb the meter after a |
customer has made an application for a referee test until |
authority to do so is given by the Commission or the |
customer in writing. |
(h) Water and sewer utilities; low usage. Each public |
utility that provides water and sewer service must establish a |
unit sewer rate, subject to review by the Commission, that |
applies only to those customers who use less than 1,000 gallons |
of water in any billing period. |
(i) Water and sewer utilities; separate meters. Each public |
utility that provides water and sewer service must offer |
separate rates for water and sewer service to any commercial or |
residential customer who uses separate meters to measure each |
of those services. In order for the separate rate to apply, a |
combination of meters must be used to measure the amount of |
water that reaches the sewer system and the amount of water |
that does not reach the sewer system. |
(j) Each water or sewer public utility must disclose on |
each billing statement any amount billed that is for service |
provided prior to the date covered by the billing statement. |
The disclosure must include the dates for which the prior |
service is being billed. Each billing statement that includes |
an amount billed for service provided prior to the date covered |
by the billing statement must disclose the dates for which that |
amount is billed and must include a copy of the document |
|
created under subsection (a) and a statement of current |
Commission rules concerning unbilled or misbilled service. |
(k) When the customer is due a refund resulting from |
payment of an overcharge, the utility shall credit the customer |
in the amount of overpayment with interest from the date of |
overpayment by the customer. The rate for interest shall be at |
the appropriate rate determined by the Commission under 83 Ill. |
Adm. Code 280.70. |
(l) Water and sewer public utilities; subcontractors. The |
Commission shall adopt rules for water and sewer public |
utilities to provide notice to the customers of the proper kind |
of identification that a subcontractor must present to the |
customer, to prohibit a subcontractor from soliciting or |
receiving payment of any kind for any service provided by the |
water or sewer public utility or the subcontractor, and to |
establish sanctions for violations. |
(m) Water and sewer public utilities; unaccounted-for |
water. By December 31, 2006, each water public utility shall |
file tariffs with the Commission to establish the maximum |
percentage of unaccounted-for water that would be considered in |
the determination of any rates or surcharges. The rates or |
surcharges approved for a water public utility shall not |
include charges for unaccounted-for water in excess of this |
maximum percentage without well-documented support and |
justification for the Commission to consider in any request to |
recover charges in excess of the tariffed maximum percentage. |
(n) Rate increases; public forums. When any public utility |
providing water or sewer service proposes a general rate |
increase, in addition to other notice requirements, the water |
or sewer public utility must notify its customers of their |
right to request a public forum. A customer or group of |
customers must make written request to the Commission for a |
public forum and must also provide written notification of the |
request to the customer's municipal or, for unincorporated |
areas, township government. The Commission, at its discretion, |
may schedule the public forum. If it is determined that public |
|
forums are required for multiple municipalities or townships, |
the Commission shall schedule these public forums, in locations |
within approximately 45 minutes drive time of the |
municipalities or townships for which the public forums have |
been scheduled. The public utility must provide advance notice |
of 30 days for each public forum to the governing bodies of |
those units of local government affected by the increase. The |
day of each public forum shall be selected so as to encourage |
the greatest public participation. Each public forum will begin |
at 7:00 p.m. Reports and comments made during or as a result of |
each public forum must be made available to the hearing |
officials and reviewed when drafting a recommended or tentative |
decision, finding or order pursuant to Section 10-111 of this |
Act.
|
(220 ILCS 5/9-223) (from Ch. 111 2/3, par. 9-223)
|
Sec. 9-223. Fire protection charge.
|
(a) The Commission may authorize any public utility engaged |
in
the production, storage, transmission, sale, delivery or |
furnishing of water
to impose a fire protection charge, in |
addition to any rate authorized by
this Act, sufficient to |
cover a reasonable portion of the cost of providing
the |
capacity, facilities and the water necessary to meet the fire |
protection
needs of any municipality or public fire protection |
district. Such fire
protection charge shall be in the form of a |
fixed amount per bill and shall
be shown separately on the |
utility bill of each customer of the municipality
or fire |
protection district. Any filing by a public utility to impose |
such a
fire protection charge or to modify a charge shall be |
made pursuant to Section
9-201 of this Act. Any fire protection |
charge imposed shall reflect the
costs associated with |
providing fire protection service for each municipality
or fire |
protection district. No such charge shall be imposed directly |
on
any municipality or fire protection district for a |
reasonable level of fire
protection services unless provided |
for in a separate agreement between the
municipality or the |
|
fire protection district and the utility.
|
(b) By December 31, 2007, the Commission shall conduct at |
least 3 public forums to evaluate the purpose and use of each |
fire protection charge imposed under this Section. At least one |
forum must be held in northern Illinois, at least one forum |
must be held in central Illinois, and at least one forum must |
be held in southern Illinois. The Commission must invite a |
representative from each municipality and fire protection |
district affected by a fire protection charge under this |
Section to attend a public forum. The Commission shall report |
its findings concerning recommendations concerning the purpose |
and use of each fire protection charge to the General Assembly |
no later than the last day of the veto session in 2008.
|
(Source: P.A. 84-617.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law. |