HB3445 101ST GENERAL ASSEMBLY

LRB101 09877 CPF 54979 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3445

Introduced , by Rep. Lamont J. Robinson, Jr.

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 605/605-870 new
220 ILCS 5/8-306
415 ILCS 5/17.11 rep.

Creates the Reduction of Lead Service Lines Act. Requires community water supplies to identify and replace all lead service lines that connect to a water main. Provides that every community water supply in Illinois that has known lead service lines shall create a plan, to be submitted to the Environmental Protection Agency for approval, to replace all lead service lines and galvanized service lines if the service line is or was connected to lead piping. Provides that, within legal bounds, a community water supply shall have the authority to access private property and private residences for the sole purpose of identifying or replacing lead service lines or galvanized service lines. Provides that no person shall replace a portion of a lead service line without replacing the entirety of the line at the same time, except in cases of emergency repair. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Requires the Department of Commerce and Economic Opportunity to establish a comprehensive low-income water assistance policy and program. Amends the Public Utilities Act. Removes references to unaccounted-for water and replaces them with references to nonrevenue water. Provides that the Illinois Commerce Commission may allow or direct a water utility to establish a customer assistance program. Provides that certain entities that serve or provide water or sewer services shall prepare a summary of the cost of service for a given calendar year. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

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

Section 1. Short title. This Act may be cited as the Reduction of Lead Service Lines Act.

Section 5. Purpose. The purpose of this Act is to require the owners and operators of community water supplies to: (1) create a comprehensive lead service line inventory; (2) provide notice to occupants of potentially affected residences and buildings of construction or repair work on water mains, lead service lines, or water meters; (3) prohibit partial lead service line replacements; and (4) create a lead service line replacement program.

Section 10. Definitions. In this Act:

"Agency" means the Environmental Protection Agency.

"Community water supply" means a public water supply that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents

"Department" means the Department of Public Health.

"Emergency repair" means water distribution work that includes unscheduled water main, water service, water valve, or fire hydrant repair or replacement that results from premature failure or accident.

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

"Non-community water supply" means a public water supply that is not a community water supply.

"Potentially affected residence" means a residence where water service is supplied through a pipe containing lead or suspected to be made of lead.

"Service line" means the pipe from the discharge of the utility fitting to customer site piping or to the building plumbing at the first shut-off valve inside the building or 18 inches inside the building, whichever is shorter.

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

Section 15. Water service line material inventory.

(a) The owner or operator of each community water supply shall develop an initial water service line material inventory that shall be submitted to the Agency for approval, in an electronic form selected by the Agency, by April 15, 2020. The owner or operator shall annually update and submit its inventory to the Agency by April 15 of each year thereafter. Each water service line material inventory shall identify:

(1) The total number of service lines within or connected to the distribution system.

(2) The materials of construction, including, but not limited to, lead, of each water service line connected to the distribution system. The owner or operator of the community water supply shall develop the inventory by identifying on both the customer's and the community water supply's side of the curb box the type of construction material used.

(3) The number of the lead service lines that were added and removed from the inventory after the previous year's submission.

(b) The owner or operator of each community water supply shall maintain records of owners or residents that refuse to grant access to the interior of the building for purposes of identifying the service line material. If the owner or resident refuses to allow access to his or her residence or property for the purposes of cooperating with the inventory, the community water supply shall request that the owner or resident sign a waiver. The waiver shall be developed by the Department. If the owner or resident refuses to sign the waiver, the record shall include the dates and manner of each request and the name of the person who made the request.

(c) The owner or operator of each community water supply shall, upon finding the presence of a lead service line, notify the owner and resident of the building within 24 hours, or as soon as is reasonably possible.

(d) No later than January 1, 2021, the Agency shall by rule determine a reasonable deadline for submitting each community water supply's complete water service line material inventory required under subsection (a), not to exceed 5 years from January 1, 2020, unless the Agency determines that additional time is needed for one or more community water supply's inventory due to the technical feasibility of identifying lines within a system.

(e) Nothing in this Section shall be construed to require that service lines be unearthed.

(f) Beginning on January 1, 2020, when conducting routine inspections of community water supplies, the Agency may conduct a separate audit to identify progress that the community water supply has made toward completing the water service line material inventory required under subsection (a).

Section 20. Construction notifications.

(a) Within 13 days before beginning planned work to repair or replace any water mains with lead or partial lead service lines attached to them or lead service lines themselves, the owner or operator of a community water supply shall notify each potentially affected residence of the planned work through an individual written notice. In cases where a community water supply must perform construction or repair work on an emergency basis or where the work is scheduled within 14 days of the work taking place, the community water supply shall notify each potentially affected residence as soon as is reasonably possible. When work is to repair or replace a water meter, the notification shall be provided at the time the work is initiated.

(b) A notification under subsection (a) shall include, at a minimum, the following:

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

(2) information concerning the best practices for preventing exposure to or risk of consumption of any 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 in young children and pregnant women.

(c) To the extent that the owner or operator of a community water supply serves a significant proportion of non-English speaking consumers, a notification under subsection (a) must contain information in the appropriate languages regarding the importance of the notice, and it must contain a telephone number or address where a person who is served may contact the owner or operator of the community water supply to obtain a translated copy of the notification or to request assistance in the appropriate language.

(d) Notwithstanding anything to the contrary set forth in this Section, publication notification through local media, social media, or other similar means may be used in lieu of an individual written notification to the extent that: (1) notification is required for the entire community served by a community water supply; (2) notification is required for construction or repairs occurring on an emergency basis; or (3) the community water supply is a small system.

(e) If an owner or operator of a community water supply is required to provide an individual written notification to a residence that is a multidwelling building, then posting a written notification on the primary entrance way to the building shall be sufficient.

(f) The notification requirements in this Section do not apply to work performed on water mains that are used to transmit treated water between community water supplies and that have no service connections.

(g) A community water supply is not required to comply with this Section to the extent that the corresponding water service line material inventory has been completed and demonstrates that the community water supply's distribution system does not include lead service lines.

Section 25. Lead service line replacement program.

(a) Every community water supply in Illinois that has known lead service lines shall create a plan to replace all lead service lines and galvanized service lines if the service line is or was connected to lead piping. Each community water supply shall submit its lead service line replacement plan to the Agency for approval, in an electronic form selected by the Agency, by April 15, 2021. Each community water supply shall annually update and submit its plan to the Agency by April 15 of each year thereafter in conjunction with the water service line material inventory required under Section 15. The Agency shall make each plan available to the public by maintaining them on the Agency website.

(b) Each lead service line replacement program plan shall include the following:

(1) The water service line material inventory conducted under Section 15.

(2) An analysis of whether the community water supply has control over lead service lines in its system.

(3) An analysis of costs and financing options for replacing the system's lead service line that minimizes the overall cost of system replacement. The analysis shall include, but is not limited to:

(A) a detailed accounting of costs;

(B) measures to address affordability for customers or rate payers;

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

(D) an explanation of the rationale for any permit fees or other charges to a property owner associated with lead service lines, and plans for utilization of revenues derived from those fees or other charges; and

(E) any other relevant factors regarding the rulemaking required by this Act.

(4) A feasibility and affordability plan that includes, but is not limited to, information on whether:

(A) the community water supply pays for 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 community water supply pays for the entire replacement and has a low interest loan for property owners to pay for the replacement over time on their water bills; or

(C) the community water supply pays for the entire replacement.

(5) A plan for prioritizing high risk areas.

(6) A proposed schedule for replacements that includes annual benchmarks, not to fall below 4 percent replacement of inventoried lines per year.

(7) A proposed deadline for replacing all lead service lines consistent with the water service line material inventory required under Section 15.

(c) The Agency shall begin the rulemaking process to implement the requirements of this Section within 6 months of the effective date of this Act and shall adopt rules within one year after the rulemaking process begins. During the rulemaking process, the Agency shall consider:

(1) the form for submitting, and process for the Agency's review of, lead service line replacement plans;

(2) whether a deadline for replacing all lead service lines for community water supplies subject to this Act is appropriate considering the utility scale, technical feasibility of identifying and replacing lines, and impact to public health of maintaining any lead service lines in place;

(3) the means by a which a community water supply must make its lead service line replacement plan, and its progress towards implementing the plan, available to the public;

(4) the materials deemed acceptable for lead service line replacement; and

(5) any factors that a community water supply shall consider in developing the components of a plan required under subsection (a).

(d) When a community water supply replaces a water main, the community water supply must identify and replace all lead service lines that connect to that water main during replacement of the water main, unless a customer refuses to have his or her lead service line replaced. If a customer refuses to have his or her lead service line replaced, the community water supply shall keep a record of that refusal consistent with subsection (b) of Section 15.

The Agency shall by rule set reasonable fees for community water systems to submit replacement plans.

(e) In order to provide water that does not become contaminated with lead from a lead service line or galvanized service line that is or was connected to lead piping, in accordance with constitutional limitations, and to the extent not already provided for by law, a community water supply shall have the authority to access private property and private residences for the sole purpose of identifying or replacing lead service lines or galvanized service lines.

Before a community water supply may access private property or a private residence for the purpose of replacing a lead service line or galvanized service line that is or was connected to lead piping, the community water supply shall notify the owner of the property and the resident at least one month before the planned work on the private property or in his or her private residence. The community water supply must meet the following requirements for notice under this subsection:

(1) The notice shall be made by the community water supply at least every 2 weeks prior to the planned work until the owner and resident have been contacted.

(2) At least one of the notices must be by certified mail.

(3) The community water supply shall make personal contact with the owner or resident about the notice by visits to the property or residence.

(4) The community water supply shall attempt to tape flyers with the notice to entrance doors for the property or residence.

(5) To the extent that the owner or operator of a community water supply serves a significant proportion of non-English speaking consumers, a notification 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 who is served may contact the owner or operator of the community water supply to obtain a translated copy of the notification or to request assistance in the appropriate language.

If the owner or resident refuses to allow access to his or her residence or property for the purposes of cooperating with the lead service line replacement, the community water supply shall request that the owner or resident sign a waiver. The waiver shall be developed by the Department and should be made available in the owner or resident's language. Should the owner or resident refuse to sign the waiver, or fail to respond to the community water supply subsequent to the community water supply's compliance with the notification requirements set forth in this subsection, the community water supply shall notify the Department in writing within 15 working days and shall notify the Agency as part of the annual report to the Agency under subsection (a).

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.

(f) Service lines that are physically disconnected from the distribution system are exempt from this Section.

Section 30. Prohibitions.

(a) Except as otherwise provided in this Section, no person shall replace a portion of a lead service line without replacing the entirety of the line at the same time.

(b) If the owner or operator of a community water supply does not own the entire service line, then the owner or operator of the community water supply shall notify the owner of the service line, or the service line owner's authorized agent, that the community water supply will replace the portion of the service line that it owns and the owner's portion of the service line at the community water supply's expense. The notification shall follow the procedures required under subsection (e) of Section 25. If the service line's owner or authorized agent does not consent, consistent with the notification and waiver provisions under subsection (e) of Section 25, the community water supply shall not replace any portion of the service line, unless in conjunction with an emergency repair.

(c) A person may replace a portion of a lead service line but not the entirety of the line when an emergency repair is necessary and the community water supply notifies the owner and resident within 36 hours, informing the owner and resident of mitigating strategies, such as flushing pipes before use or supplying filters for drinking and cooking purposes.

In the event of a partial service line replacement due to an emergency situation, the community water supply must provide filters and replace the remainder of the lead service line within 30 days of the emergency repair.

In the event of a partial lead service line replacement resulting from an emergency repair, the community water supply shall inform the residents served by the service line that the community water supply shall, at the community water supply's expense, arrange to collect a sample from each partially replaced lead service line that is representative of the water in the service line for analysis of lead content within 72 hours after the completion of the partial replacement of the service line. The community water supply shall collect the sample and report the results of the analysis to the owner and the resident or residents served by the line within 3 business days of receiving the results. A mailed notice of the results postmarked within 3 business days after the community water supply receives the results shall satisfy the reporting requirement.

(d) If an owner of a residence intends to replace the portion of the lead service line that he or she owns, then the owner of the residence shall provide the owner or operator of the community water supply of the replacement plan with notice at least 45 days before commencing the work. In the case of an emergency repair, if the notice is not feasible, and if the owner of the residence notifies the owner or operator of the community water supply of the replacement of a portion of the lead service line after the work is done, then the owner or operator of the community water supply must replace the remainder of the lead service line within 90 days.

Section 35. Non-community water supplies. The requirements of this Act do not apply to non-community water supplies.

Section 40. 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 of the effective date of this Act, or within 60 days of 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 percent 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 45. 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; nonrevenue unaccounted-for water. Each By December 31, 2006, each water public utility shall file tariffs with the Commission to establish the maximum percentage of nonrevenue 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 nonrevenue 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.

(p) In this subsection, "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.

Within one year after the effective date of this amendatory Act of the 101st General Assembly, an entity subject to the federal Safe Drinking Water Act and the federal Clean Water Act that serves or provides water or sewer services to a population of more than 3,300 shall prepare a summary of its cost of service for calendar year 2016.

A summary prepared under this subsection shall be submitted to the Environmental Protection Agency electronically and shall include any standardized forms, tables, or text specified by the Director of the Agency. The Agency shall post all such summaries on the Agency's website for public viewing and in a timely manner after the Agency receives them. If an entity is required to submit a cost of service summary or similar document to another State agency, the entity may submit its report to the Agency in the form required by that State agency.

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

(415 ILCS 5/17.11 rep.)

Section 50. The Environmental Protection Act is amended by repealing Section 17.11.

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