HB3035sam001 101ST GENERAL ASSEMBLY

Sen. Heather A. Steans

Filed: 5/3/2019

10100HB3035sam001 LRB101 08053 LNS 60251 a

AMENDMENT TO HOUSE BILL 3035

AMENDMENT NO. ______. Amend House Bill 3035 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Lead Service Line Replacement and Notification Act.

Section 5. Purpose. The purpose of this Act is to: (1) require the owners and operators of community water supplies to develop, implement, and maintain a comprehensive water service line material inventory and a comprehensive lead service line replacement plan, provide notice to occupants of potentially affected buildings before any construction or repair work on water mains or lead service lines, and to request access to potentially affected buildings before replacing lead service lines; and (2) to prohibit partial lead service line replacements.

Section 10. Definitions. As used in this Act, unless the context otherwise clearly requires:

"Agency" means the Illinois Environmental Protection Agency.

"Board" means the Illinois Pollution Control Board.

"Community water supply" has the meaning ascribed to it in Section 3.145 of the Environmental Protection Act.

"Department" means the Illinois Department of Public Health.

"Emergency repair" means any unscheduled water main, water service, or water valve repair or replacement that results from failure or accident.

"Lead service line" means a service line made of lead or a service line connected to a lead pigtail, lead gooseneck, or other lead fitting.

"Material inventory" means a water service line material inventory developed by a community water supply pursuant to this Act.

"Non-community water supply" has the meaning ascribed to it in Section 3.145 of the Environmental Protection Act.

"NSF/ANSI Standard" means a water treatment standard developed by NSF International.

"Partial lead service line replacement" means replacement of only a portion of a lead service line.

"Potentially affected building" means any building that is provided water service through a service line that is either a lead service line or a suspected lead service line.

"Public water supply" has the meaning ascribed to it in Section 3.365 of the Environmental Protection Act.

"Service line" means the piping, tubing, and necessary appurtenances installed on any conduit from the water main or source of potable water supply to the building plumbing at the first shut-off valve or 18 inches inside the building, whichever is shorter.

"Suspected lead service line" means a service line that is suspected to be a lead service line.

"Small system" means a community water supply that regularly serves water to 3,300 or fewer persons.

Section 15. Material inventories.

(a) The owner or operator of each community water supply shall:

(1) develop an initial material inventory and submit the material inventory electronically to the Agency by April 15, 2020;

(2) update its material inventory and submit the updated material inventory electronically to the Agency by April 15, 2021, and each April 15 thereafter, until the owner or operator has substantially completed an inventory of all service lines in its system; and

(3) after the Agency has initially reviewed and approved the community water supply's substantially complete inventory, the community water supply shall update its inventory no less than every 3 years and shall submit any revisions, if necessary, to the Agency.

(b) The Agency shall review each material inventory submitted to it under this Section. If the Agency determines that the community water supply is making substantial progress toward characterizing the materials of all service lines connected to its distribution system, with a priority on identifying all lead service lines connected to its distribution system, then the Agency shall approve the material inventory.

(c) Each material inventory prepared for a community water supply shall identify:

(1) the total number of service lines connected to the community water supply's distribution system;

(2) the materials of construction of each service line connected to the community water supply's distribution system;

(3) the number of suspected lead service lines that were newly identified in the material inventory for the community water supply after the community water supply last submitted a service line inventory to the Agency; and

(4) the number of suspected or known lead service lines that were replaced after the community water supply last submitted a service line inventory to the Agency, and the material of the service line that replaced each lead service line.

When identifying the materials of construction under paragraph (2) of this subsection, the owner or operator of the community water supply shall identify the type of construction material used on the customer's side of the curb box or meter or other line of demarcation and the community water supply's side of the curb box or meter or other line of demarcation.

(d) In substantially completing its material inventory, the owner or operator of each community water supply shall:

(1) prioritize inspections of high-risk areas identified by the community water supply and inspections of high-risk facilities, such as preschools, daycares, parks, playgrounds, hospitals, and clinics, and confirm service line materials in those areas and at those facilities;

(2) review historical documentation, such as construction logs or cards, as-built drawings, purchase orders, and subdivision plans, to determine service line material construction;

(3) when conducting distribution system maintenance, visually inspect service lines and document materials of construction;

(4) identify any time period when the service lines being connected to its distribution system were primarily lead service lines, if such a time period is known or suspected; and

(5) discuss service line repair and installation with its employees, plumbers who worked on service lines connected to its distribution system, or both.

(e) The owner or operator of each community water supply shall maintain records of persons who refuse to grant access to the interior of a building for purposes of identifying the materials of construction of a service line. If a community water supply has been denied access to the interior of a building for that reason, then the community water supply may identify the service line as a suspected lead service line.

(f) If a community water supply identifies a lead service line connected to a building, the owner or operator of the community water supply shall notify the owner of the building and all occupants of the building of the existence of the lead service line within 15 days after identifying the lead service line, or as soon as is reasonably possible thereafter.

(g) Nothing in this Section shall be construed to require service lines to be unearthed for the sole purpose of inventorying.

(h) An owner or operator of a community water supply has no duty to include in the material inventory required under this Section information about service lines that are physically disconnected from a water main in its distribution system.

(i) When conducting engineering evaluations of community water supplies, the Agency may conduct a separate audit to identify progress that the community water supply has made toward completing the material inventory required under this Act.

(j) The owner or operator of each community water supply shall post on its website a copy of the material inventory most recently approved by the Agency or shall request that the Agency post a copy of that material inventory on the Agency's website.

(k) The Agency shall by rule define "substantial progress", "substantially completed", and "suspected lead service line". In determining these definitions, the Agency shall give primary consideration to the impact of lead on public health, especially with respect to high-risk areas.

Section 20. Lead service line replacement plans.

(a) Every owner or operator of a community water supply that has known or suspected lead service lines shall:

(1) create a plan to:

(A) replace each lead service line connected to its distribution system;

(B) replace each galvanized service line connected to its distribution system, if the galvanized service line is or was connected downstream to lead piping;

(C) determine the materials of construction of suspected lead service lines and service lines of unknown materials; and

(D) propose a timeline for review and regular revisions of the lead service line replacement plan; and

(2) electronically submit, by April 15, 2021, its lead service line replacement plan to the Agency for approval; and

(3) post on its website a copy of the plan most recently approved by the Agency or request that the Agency post a copy of that plan on the Agency's website.

(b) Each plan required under subsection (a) shall include the following:

(1) the name and identification number of the community water supply;

(2) the total number of service lines connected to the distribution system of the community water supply;

(3) the total number of suspected lead service lines connected to the distribution system of the community water supply;

(4) the total number of known lead service lines connected to the distribution system of the community water supply;

(5) the total number of lead service lines connected to the distribution system of the community water supply that have been replaced each year beginning in 2018;

(6) a proposed lead service line replacement schedule that includes one-year, 5-year, and 10-year goals;

(7) the estimated total number of remaining years until all known lead service lines have been replaced or suspected lead service lines have been determined to be made of materials other than lead, and the estimated year in which lead service line replacement will be complete;

(8) an analysis of costs and financing options for replacing the lead service lines connected to the community water supply's distribution system, which shall include, but shall not be limited to:

(A) a detailed accounting of costs associated with replacing lead service lines and galvanized lines that are or were connected downstream to lead piping;

(B) measures to address affordability for customers or ratepayers; and

(C) consideration of different scenarios for structuring payments between the utility and its customers over time; and

(9) a feasibility and affordability plan that includes, but is not limited to, information on how the community water supply intends to fund or finance lead service line replacement, in different situations, such as those situations including, but not limited to, where the community water supply pays for:

(A) the portion of the service lines owned by the community water supply and the property owner pays for the portion he or she owns;

(B) the entire replacement and has a low interest loan for the property owner to pay for the replacement over time on his or her water bill; or

(C) the entire replacement; and

(10) a plan for prioritizing high-risk facilities, such as preschools, daycares, parks, playgrounds, hospitals, and clinics, as well as high-risk areas identified by the community water supply;

(11) a map of the areas where lead service lines are expected to be found and the sequence with which those areas will be inventoried and lead service lines replaced; and

(12) measures for how the community water supply will inform the public of the plan and provide opportunity for public comment.

(c) The Agency shall review each plan submitted to it under this Section. The Agency shall approve a plan if the plan includes all of the elements set forth in subsection (b) and the Agency if it determines that:

(1) the proposed lead service line replacement schedule set forth in the plan, including the one-year, 5-year, and 10-year goals in the plan and the estimated date by which all lead service lines will be replaced, are reasonable;

(2) the plan prioritizes the replacement of lead service lines that provide water service to high-risk facilities, such as preschools, daycares, parks, playgrounds, hospitals, and clinics, and high-risk areas identified by the community water supply;

(3) the plan includes an analysis of cost and financing options; and

(4) the plan provides an opportunity for public review.

(d) An owner or operator of a community water supply has no duty to include in the plans required under this Section information about service lines that are physically disconnected from a water main in its distribution system.

Section 25. Lead service line replacement requirements.

(a) When a community water supply replaces a water main, the community water supply shall identify all lead service lines connected to the water main and shall replace, in accordance with its lead service line replacement plan, the lead service lines by:

(1) identifying the material or materials of each service line connected to the water main, including, but not limited to, any portion of the service line (i) running on private property and (ii) within the building plumbing at the first shut-off valve or 18 inches inside the building, whichever is shorter; and

(2) in conjunction with replacement of the water main, replacing any and all portions of each service line connected to that water main that are composed of lead.

In the event of an emergency repair that affects a lead service line or a suspected lead service line, a community water supply must contact the building owner to begin the process of replacing the entire service line. If the building owner is not able to be contacted or the building owner or occupant refuses to grant access and permission to replace the entire service line at the time of the emergency repair, then the community water supply may perform a partial lead service line replacement. When a partial lead service line replacement occurs due to an emergency repair, the community water supply must (i) provide filters, for each kitchen area, that meet the requirements of NSF/ANSI Standard 53, which is hereby incorporated by reference, and (ii) must replace the remaining portion of the lead service line within 30 days of the emergency repair unless access is denied under Section 30. A community water supply may take up to 120 days if necessary due to weather conditions. If a replacement takes longer than 30 days, provided filters must be replaced in accordance with the manufacturer's recommendations. Partial lead service line replacement by the owner or operator of a community water supply is otherwise prohibited.

(b) If an owner of a potentially affected building intends to replace a portion of a lead service line or a galvanized service line, if the galvanized service line is or was connected downstream to lead piping, then the owner of the potentially affected building shall provide the owner or operator of the community water supply with notice at least 45 days before commencing the work. In the case of an emergency repair, if the owner of the potentially affected building notifies the owner or operator of the community water supply of the replacement of a portion of the lead service line after the emergency repair is completed, then the owner or operator of the community water supply must provide filters certified to remove lead and replace the remainder of the lead service line within 30 days after completion of the emergency repair. A community water supply may take up to 120 days if necessary due to weather conditions. If a replacement takes longer than 30 days, provided filters must be replaced every 30 days thereafter. Partial lead service line replacements by the owners of potentially affected buildings are otherwise prohibited.

Section 30. Request for private property access.

(a) At least one month before conducting planned lead service line replacement, the owner or operator of a community water supply shall, by certified mail, attempt to contact the owner of the potentially affected building serviced by the lead service line to request access to the building and permission to replace the lead service line in accordance with the lead service line replacement plan. If the owner of the potentially affected building does not respond to that request within 2 weeks after the request is sent, the owner or operator of the community water supply shall attempt to post the request on the entryway of the potentially affected building.

(b) If the owner or operator of a community water supply is unable to obtain approval to access and replace the lead service line, the owner or operator of the community water supply shall request that the owner of the potentially affected building sign a waiver. The waiver shall be developed by the Department and should be made available in the owner's language. If the owner of the potentially affected building refuses to sign the waiver, or fails to respond to the community water supply after the community water supply has complied with subsection (a), the community water supply shall notify the Department in writing within 15 working days.

Section 35. Construction notice.

(a) When replacing a lead service line or repairing or replacing water mains with lead service lines or partial lead service lines attached to them, the owner or operator of a community water supply shall provide the owner of each potentially affected building that is serviced by the affected lead service lines or partial lead service lines, as well as the occupants of those buildings, with an individual written notice that includes, at a minimum, the following:

(1) a warning that the work may result in sediment, possibly containing lead from the service line, in the building's water;

(2) information concerning the best practices for preventing exposure to or risk of consumption of lead in drinking water, including a recommendation to flush water lines during and after the completion of the repair or replacement work and to clean faucet aerator screens; and

(3) information regarding the dangers of lead exposure to young children and pregnant women.

(b) When the individual written notice described in subsection (a) is required as a result of planned work other than the repair or replacement of a water meter, the owner or operator of the community water supply shall provide the notice not less than 14 days before work begins. When the individual written notice described in subsection (a) is required as a result of emergency repairs other than the repair or replacement of a water meter, the owner or operator of the community water supply shall provide the notice as soon as is reasonably possible. When the individual written notice described in subsection (a) is required as a result of the repair or replacement of a water meter, the owner or operator of the community water supply shall provide the notice at the time the work is initiated.

(c) If a community water supply serves a significant proportion of non-English speaking consumers, the notifications required under this Section must contain information in the appropriate language regarding the importance of the notice and a telephone number or address where a person may contact the owner or operator of the community water supply to obtain a translated copy of the notification or request assistance in the appropriate language.

(d) An owner or operator of a community water supply that is required under this Section to provide an individual written notice to the owner and occupants of a potentially affected building that is a multi-dwelling building may satisfy that requirement and the requirements of subsection (c) by posting the required notice on the primary entranceway of the building and at the location where the occupant's mail is delivered as reasonably as possible.

(e) When this Section would require the owner or operator of a community water supply to provide an individual written notice to the entire community served by the community water supply or would require the owner or operator of a community water supply to provide individual written notices as a result of emergency repairs or when the community water supply that is required to comply with this Section is a small system, the owner or operator of the community water supply may provide the required notice through local media outlets, social media, or other similar means in lieu of providing the individual written notices otherwise required under this Section.

(f) No notifications are required under this Section for work performed on water mains that are used to transmit treated water between community water supplies and that have no service connections.

Section 40. Replacement program progress reports. The owner or operator of each community water supply shall include the following information in the annual consumer confidence report required under the United States Environmental Protection Agency's National Primary Drinking Water Regulations:

(1) an estimate of the number of known or suspected lead service lines connected to its distribution system; and

(2) a statement describing progress that has been made toward replacing lead service lines connected to its distribution system.

Section 50. Board review. Authority is hereby vested in the Illinois Pollution Control Board to conduct hearings to review final actions of the Agency.

Section 55. Community water supply liability. To the extent allowed by law, community water supplies shall be held harmless for damage to property when installing water service lines. If dangers are encountered that prevent the replacement of the lead service line, the community water supply shall notify the Department within 15 working days of why the replacement of the lead service could not be accomplished.

Section 60. Rules.

(a) The Agency may propose and the Board may adopt any rules necessary to implement and administer this Act.

(b) The Department may adopt rules necessary to implement and administer this Act and to address lead service lines attached to non-community water supplies.

Section 100. The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended by adding Section 605-870 as follows:

(20 ILCS 605/605-870 new)

Sec. 605-870. Low-income water assistance policy and program.

(a) The Department shall by rule establish a comprehensive low-income water assistance policy and program that incorporates financial assistance and includes, but is not limited to, water efficiency or water quality projects, such as lead service line replacement, or other measures to ensure that residents have access to affordable and clean water. The policy and program shall not jeopardize the ability of public utilities, community water supplies, or other entities to receive just compensation for providing services. The resources applied in achieving the policy and program shall be coordinated and efficiently used through the integration of public programs and through the targeting of assistance. The Department shall use all appropriate and available means to fund this program and, to the extent possible, identify and use sources of funding that complement State tax revenues. The rule shall be finalized within 180 days after the effective date of this Act, or within 60 days after receiving an appropriation for the program.

(b) Any person who is a resident of the State and whose household income is not greater than an amount determined annually by the Department may apply for assistance under this Section in accordance with rules adopted by the Department. In setting the annual eligibility level, the Department shall consider the amount of available funding and may not set a limit higher than 150% of the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2).

(c) Applicants who qualify for assistance under subsection (b) shall, subject to appropriation from the General Assembly and subject to availability of funds to the Department, receive assistance as provided in this Section. The Department, upon receipt of moneys authorized under this Section for assistance, shall commit funds for each qualified applicant in an amount determined by the Department. In determining the amounts of assistance to be provided to or on behalf of a qualified applicant, the Department shall ensure that the highest amounts of assistance go to households with the greatest water costs in relation to household income. The Department may consider factors such as water costs, household size, household income, and region of the State when determining individual household benefits. In adopting rules for the administration of this Section, the Department shall ensure that a minimum of one-third of the funds for the program are available for benefits to eligible households with the lowest incomes and that elderly households, households with persons with disabilities, and households with children under 6 years of age are offered a priority application period.

(d) Application materials for the program shall be made available in multiple languages.

(e) The Department may adopt any rules necessary to implement this Section.

Section 105. The Public Utilities Act is amended by changing Section 8-306 as follows:

(220 ILCS 5/8-306)

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; non-revenue unaccounted-for water. Each By December 31, 2006, each water public utility shall file tariffs with the Commission to establish the maximum percentage of non-revenue 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 non-revenue 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.

(o) The Commission may allow or direct a water utility to establish a customer assistance program that provides financial relief to residential customers who qualify for income-related assistance.

A customer assistance program established under this subsection that affects rates and charges for service is not discriminatory for purposes of this Act or any other law regulating rates and charges for service. In considering whether to approve a water utility's proposed customer assistance program, the Commission must determine that a customer assistance program established under this subsection is in the public interest.

The Commission shall adopt rules to implement this subsection. These rules shall require customer assistance programs under this subsection to coordinate with utility energy efficiency programs and the Illinois Home Weatherization Assistance Program for the purpose of informing eligible customers of additional resources that may help the customer conserve water.

(Source: P.A. 94-950, eff. 6-27-06.)

Section 110. The Environmental Protection Act is amended by adding Section 17.12 as follows:

(415 ILCS 5/17.12 new)

Sec. 17.12. Cost of service study.

(a) An entity subject to the federal Safe Drinking Water Act and the federal Clean Water Act that has over 2,000 meter connections shall conduct a cost of service study. The cost of service study may include all revenue recovered from water or sewer bills, and the percentage of the cost of service used for water or sewer capital investment. The cost of service study shall be submitted to the Agency and made available on the Agency's website. The rules adopted by the Board under this Section shall set forth general requirements for submittal and approval of a cost of service study.

(b) In this Section, "cost of service" means the total annual operation and maintenance expenses and capital-related costs incurred in meeting the various aspects of providing water or sanitary sewer service.

(415 ILCS 5/17.11 rep.)

Section 200. The Environmental Protection Act is amended by repealing Section 17.11.

Section 999. Effective date. This Act takes effect upon becoming law.".