093_HB3402enr HB3402 Enrolled LRB093 09164 MKM 09396 b 1 AN ACT concerning local government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois State Auditing Act is amended by 5 changing Section 3-1 as follows: 6 (30 ILCS 5/3-1) (from Ch. 15, par. 303-1) 7 Sec. 3-1. Jurisdiction of Auditor General. The Auditor 8 General has jurisdiction over all State agencies to make post 9 audits and investigations authorized by or under this Act or 10 the Constitution. 11 The Auditor General has jurisdiction over local 12 government agencies and private agencies only: 13 (a) to make such post audits authorized by or under 14 this Act as are necessary and incidental to a post audit 15 of a State agency or of a program administered by a State 16 agency involving public funds of the State, but this 17 jurisdiction does not include any authority to review 18 local governmental agencies in the obligation, receipt, 19 expenditure or use of public funds of the State that are 20 granted without limitation or condition imposed by law, 21 other than the general limitation that such funds be used 22 for public purposes; 23 (b) to make investigations authorized by or under 24 this Act or the Constitution; and 25 (c) to make audits of the records of local 26 government agencies to verify actual costs of 27 state-mandated programs when directed to do so by the 28 Legislative Audit Commission at the request of the State 29 Board of Appeals under the State Mandates Act. 30 In addition to the foregoing, the Auditor General may 31 conduct an audit of the Metropolitan Pier and Exposition HB3402 Enrolled -2- LRB093 09164 MKM 09396 b 1 Authority, the Regional Transportation Authority, the 2 Suburban Bus Division, the Commuter Rail Division and the 3 Chicago Transit Authority and any other subsidized carrier 4 when authorized by the Legislative Audit Commission. Such 5 audit may be a financial, management or program audit, or any 6 combination thereof. 7 The audit shall determine whether they are operating in 8 accordance with all applicable laws and regulations. Subject 9 to the limitations of this Act, the Legislative Audit 10 Commission may by resolution specify additional 11 determinations to be included in the scope of the audit. 12 In addition to the foregoing, the Auditor General must 13 also conduct a financial audit of the Illinois Sports 14 Facilities Authority's expenditures of public funds in 15 connection with the reconstruction, renovation, remodeling, 16 extension, or improvement of all or substantially all of any 17 existing "facility", as that term is defined in the Illinois 18 Sports Facilities Authority Act. 19 The Auditor General may also conduct an audit, when 20 authorized by the Legislative Audit Commission, of any 21 hospital which receives 10% or more of its gross revenues 22 from payments from the State of Illinois, Department of 23 Public Aid, Medical Assistance Program. 24 The Auditor General is authorized to conduct financial 25 and compliance audits of the Illinois Distance Learning 26 Foundation and the Illinois Conservation Foundation. 27 As soon as practical after the effective date of this 28 amendatory Act of 1995, the Auditor General shall conduct a 29 compliance and management audit of the City of Chicago and 30 any other entity with regard to the operation of Chicago 31 O'Hare International Airport, Chicago Midway Airport and 32 Merrill C. Meigs Field. The audit shall include, but not be 33 limited to, an examination of revenues, expenses, and 34 transfers of funds; purchasing and contracting policies and HB3402 Enrolled -3- LRB093 09164 MKM 09396 b 1 practices; staffing levels; and hiring practices and 2 procedures. When completed, the audit required by this 3 paragraph shall be distributed in accordance with Section 4 3-14. 5 The Auditor General shall conduct a financial and 6 compliance and program audit of distributions from the 7 Municipal Economic Development Fund during the immediately 8 preceding calendar year pursuant to Section 8-403.1 of the 9 Public Utilities Act at no cost to the city, village, or 10 incorporated town that received the distributions. 11 The Auditor General must conduct an audit of the Health 12 Facilities Planning Board pursuant to Section 19.5 of the 13 Illinois Health Facilities Planning Act. 14 The Auditor General must conduct an annual audit of the 15 water fund of a county water commission organized pursuant to 16 the Water Commission Act of 1985. 17 (Source: P.A. 90-813, eff. 1-29-99; 91-782, eff. 6-9-00; 18 91-935, eff. 6-1-01.) 19 Section 10. The Illinois Municipal Code is amended by 20 changing Section 11-124-1 as follows: 21 (65 ILCS 5/11-124-1) (from Ch. 24, par. 11-124-1) 22 Sec. 11-124-1. Contracts for supply of water. 23 (a) The corporate authorities of each municipality may 24 contract with any person, corporation, municipal corporation, 25 political subdivision, public water district or any other 26 agency for a supply of water. Any such contract entered into 27 by a municipality shall provide that payments to be made 28 thereunder shall be solely from the revenues to be derived 29 from the operation of the waterworks system of the 30 municipality, and the contract shall be a continuing valid 31 and binding obligation of the municipality payable from the 32 revenues derived from the operation of the waterworks system HB3402 Enrolled -4- LRB093 09164 MKM 09396 b 1 of the municipality for the period of years, not to exceed 2 40, as may be provided in such contract. Any such contract 3 shall not be a debt within the meaning of any constitutional 4 or statutory limitation. No prior appropriation shall be 5 required before entering into such a contract and no 6 appropriation shall be required to authorize payments to be 7 made under the terms of any such contract notwithstanding any 8 provision in this Code to the contrary. (a) Payments to be 9 made under any such contract shall be an operation and 10 maintenance expense of the waterworks system of the 11 municipality. Any such contract made by a municipality for a 12 supply of water may contain provisions whereby the 13 municipality is obligated to pay for such supply of water 14 without setoff or counterclaim and irrespective of whether 15 such supply of water is ever furnished, made available or 16 delivered to the municipality or whether any project for the 17 supply of water contemplated by any such contract is 18 completed, operable or operating and notwithstanding any 19 suspension, interruption, interference, reduction or 20 curtailment of the supply of water from such project. Any 21 such contract may provide that if one or more of the other 22 purchasers of water defaults in the payment of its 23 obligations under such contract or a similar contract made 24 with the supplier of the water, one or more of the remaining 25 purchasers party to such contract or such similar contract 26 shall be required to pay for all or a portion of the 27 obligations of the defaulting purchasers. (b) Payments to be 28 made under any such contract with a municipal joint action 29 water agency under the Intergovernmental Cooperation Act 30 shall be an operation and maintenance expense of the 31 waterworks system of the municipality. Any such contract 32 made by a municipality for a supply of water with a municipal 33 joint action water agency under the provisions of the 34 Intergovernmental Cooperation Act may contain provisions HB3402 Enrolled -5- LRB093 09164 MKM 09396 b 1 whereby the municipality is obligated to pay for such supply 2 of water without setoff or counterclaim and irrespective of 3 whether such supply of water is ever furnished, made 4 available or delivered to the municipality or whether any 5 project for the supply of water contemplated by any such 6 contract is completed, operable or operating and 7 notwithstanding any suspension, interruption, interference, 8 reduction or curtailment of the supply of water from such 9 project. Any such contract with a municipal joint action 10 water agency may provide that if one or more of the other 11 purchasers of water defaults in the payment of its 12 obligations under such contract or a similar contract made 13 with the supplier of the water, one or more of the remaining 14 purchasers party to such contract or such similar contract 15 shall be required to pay for all or a portion of the 16 obligations of the defaulting purchasers. 17 The changes in this Section made by these amendatory Acts 18 of 1984 are intended to be declarative of existing law. 19 (b) A municipality with a water supply contract with a 20 county water commission organized pursuant to the Water 21 Commission Act of 1985 shall provide water to unincorporated 22 areas of that home county in accordance with the terms of 23 this subsection. The provision of water by the municipality 24 shall be in accordance with a mandate of the home county as 25 provided in Section 0.01 of the Water Commission Act of 1985. 26 A home rule unit may not provide water in a manner that is 27 inconsistent with the provisions of this amendatory Act of 28 the 93rd General Assembly. This subsection is a limitation 29 under subsection (i) of Section 6 of Article VII of the 30 Illinois Constitution on the concurrent exercise by home rule 31 units of powers and functions exercised by the State. 32 (Source: P.A. 83-1123; 83-1524.) 33 Section 15. The Water Commission Act of 1985 is amended HB3402 Enrolled -6- LRB093 09164 MKM 09396 b 1 by changing Section 2 and by adding Sections 0.01, 0.02, 2 0.03, 0.04, and 0.05 as follows: 3 (70 ILCS 3720/2) (from Ch. 111 2/3, par. 252) 4 Sec. 2. The General Assembly hereby finds and declares 5 that it is necessary and in the public interest to help 6 assure a sufficient and economic supply of a source of water 7 within those county wide areas of this State where, because 8 of a growth in population and proximity to large urban 9 centers, the health, safety and welfare of the residents is 10 threatened by an ever increasing shortage of a continuing, 11 available and adequate source and supply of water on an 12 economically reasonable basis; however, it is not the intent 13 of the General Assembly to interfere with the power of 14 municipalities to provide for the retail distribution of 15 water to their residents or the customers of their water 16 systems. Therefore, in order to provide for a sufficient and 17 economic supply of water to such areas, it is hereby declared 18 to be the law of this State that: 19 (a) With respect to any water commission constituted 20 pursuant to Division 135 of the Illinois Municipal Code or 21 established by operation of law under Public Act 83-1123, as 22 amended, which water commission includes municipalities which 23 in the aggregate have within their corporate limits more than 24 50% of the population of a county (hereinafter referred to as 25 a "home county"), and such county is contiguous to a county 26 which has a population in excess of 1,000,000 inhabitants, 27 the provisions of this Act shall apply. With respect to any 28 such water commission (hereinafter referred to as a "county 29 water commission"): 30 (i) the terms of all commissioners of such 31 commission holding office at the time a water commission 32 becomes a county water commission shall terminate 30 days 33 after such time and new commissioners shall be appointed HB3402 Enrolled -7- LRB093 09164 MKM 09396 b 1 as the governing board of the county water commission as 2 hereinafter provided in subsection (c); and 3 (ii) the county water commission shall continue to 4 be a body corporate and politic, and shall bear the name 5 of the home county but shall be independent from and not 6 a part of the county government and shall itself be a 7 political subdivision and a unit of local government, and 8 upon appointment of the new commissioners as the 9 governing board of such water commission as provided in 10 subsection (c), such water commission shall remain 11 responsible for the full payment of, and shall by 12 operation of law be deemed to have assumed and shall pay 13 when due all debts and obligations of the commission as 14 the same is constituted and as such debts and obligations 15 existed on the date such water commission becomes a 16 county water commission and such additional debts and 17 obligations as are incurred by such commission after such 18 date and prior to the appointment of the new 19 commissioners as the governing board of such commission, 20 and further shall continue to have and exercise all 21 powers and functions and duties of a water commission 22 created pursuant to Division 135 of the Illinois 23 Municipal Code, as now or hereafter amended, and the 24 county water commission may rely on that Division, as 25 modified and supplemented by the provisions of this Act, 26 as lawful authority under which it may act. 27 (b) Any county water commission shall have as its 28 territory within its corporate limits, subject to taxation 29 for its purposes, and subject to the powers and limitations 30 as conferred by this Act, (i) all of the territory of the 31 home county except that territory located within the 32 corporate limits of excluded units as hereinafter defined and 33 (ii) also all of the territory located outside the home 34 county and included within the corporate limits of an HB3402 Enrolled -8- LRB093 09164 MKM 09396 b 1 included unit as hereinafter defined. As used in this Act, 2 "excluded unit" means a unit of local government having a 3 waterworks system and having within its corporate limits 4 territory within the home county and which, at the time any 5 commission becomes a county water commission, receives, or 6 has contracted at such time for the receipt of, more than 25% 7 of the water distributed by such unit's water system from a 8 source outside of the home county. As used in this Section, 9 "included unit" means any unit of local government having a 10 waterworks system and having within its corporate limits 11 territory within the home county, which unit of local 12 government is not an excluded unit. No other water 13 commission shall be constituted under Division 135 of the 14 Illinois Municipal Code in any home county after the 15 effective date of this Act to provide water from any source 16 located outside the home county. Except as authorized by a 17 county water commission, no home county or included unit 18 shall enter into any new or renew or extend any existing 19 contract, agreement or other arrangement for the acquisition 20 or sale of water from any source located outside a home 21 county; provided, however, that any included unit may 22 contract for a supply of water in case of a temporary 23 emergency from any other unit of local government or any 24 entity. In the event that any included unit elects to serve 25 retail customers outside its corporate boundaries and to 26 establish rates and charges for such water in excess of those 27 charged within its corporate boundaries, such rates and 28 charges shall have a reasonable relationship to the actual 29 cost of providing and delivering the water; this provision is 30 declarative of existing law. It is declared to be the law of 31 this State pursuant to paragraphs (g) and (h) of Section 6 of 32 Article VII of the Illinois Constitution that in any home 33 county, the provisions of this Act and Division 135 of the 34 Illinois Municipal Code, as modified and supplemented by this HB3402 Enrolled -9- LRB093 09164 MKM 09396 b 1 Act and this amendatory Act of the 93rd General Assembly, 2 constitute a limitation upon the power of any such county and 3 upon all units of local government (except excluded units) 4 within such county, including home rule units, limiting to 5 such county, units of local government and home rule units 6 the power to acquire, supply or distribute water or to 7 establish any water commission for such purposes involving 8 water from any source located outside the home county in a 9 manner other than as provided or permitted by this Act and 10 Division 135, as modified and supplemented by this Act, and 11 further constitute an exercise of exclusive State power with 12 respect to the acquisition, supply and distribution of water 13 from any source located outside the home county by any such 14 county and by units of local government (except excluded 15 units), including home rule units, within such county and 16 with respect to the establishment for such purposes of any 17 water commission therein, which power may not be exercised 18 concurrently by any unit of local government or home rule 19 unit. Upon the request of any included unit, a county water 20 commission shall provide such included unit Lake Michigan 21 water in an amount up to the then current Department of 22 Transportation allocation of Lake Michigan water for such 23 included unit. 24 With respect to a water commission to which the 25 provisions of subsection (a) apply, all uninhabited territory 26 that is owned and solely occupied by such a commission and is 27 located not within its home county but within a non-home rule 28 municipality adjacent to its home county shall, 29 notwithstanding any other provision of law, be disconnected 30 from that municipality by operation of this Act on the 31 effective date of this amendatory Act of 1991, and shall 32 thereafter no longer be within the territory of the 33 municipality for any purpose; except that for the purposes of 34 any statute that requires contiguity of territory, the HB3402 Enrolled -10- LRB093 09164 MKM 09396 b 1 territory of the water commission shall be disregarded and 2 the municipality shall not be deemed to be noncontiguous by 3 virtue of the disconnection of the water commission 4 territory. 5 (c) The governing body of any water commission to which 6 the provisions of subsection (a) apply shall be a board of 7 commissioners, each to be appointed within 30 days after the 8 water commission becomes a county water commission to a term 9 commencing on such date, as follows: 10 (i) one commissioner, who shall serve as chairman, 11 who shall be a resident of the home county, to be 12 appointed by the chairman of the county board of such 13 county with the advice and consent of the county board, 14 provided that following the expiration of the term or 15 vacancy of the current chairman serving on the effective 16 date of this amendatory Act of the 93rd General Assembly, 17 any subsequent appointment as chairman shall also be 18 subject to the advice and consent of the county water 19 commission; 20 (ii) one commissioner from each county board 21 district within the home county, to be appointed by the 22 chairman of the county board of the home county with the 23 advice and consent of the county board; and 24 (iii) one commissioner from each county board 25 district within the home county, to be appointed by the 26 majority vote of the mayors of those included units which 27 are municipalities and which have the greatest percentage 28 of their respective populations residing within such 29 county board district of the home county. 30 The mayors of the respective county board districts shall 31 meet for the purpose of making said respective appointments 32 at a time and place designated by that mayor in each county 33 board district of the included unit with the largest 34 population voting for a commissioner upon not less than 10 HB3402 Enrolled -11- LRB093 09164 MKM 09396 b 1 days' written notice to each other mayor entitled to vote. 2 The commissioners so appointed shall serve for a term of 3 6 years, or until their successors have been appointed and 4 have qualified in the same manner as the original 5 appointments, except that at the first meeting of such 6 commissioners, (A) the commissioners first appointed pursuant 7 to paragraph (ii) of this subsection shall determine publicly 8 by lot 1/3 of their number to serve for terms of 2 years, 1/3 9 of their number to serve for terms of 4 years and 1/3 of 10 their number to serve for terms of 6 years, any odd number of 11 commissioners so determined by dividing into thirds to serve 12 6 year terms, and (B) the commissioners first appointed 13 pursuant to paragraph (iii) of this subsection shall 14 determine publicly by lot 1/3 of their number to serve for 15 terms of 2 years, 1/3 of their number to serve for terms of 4 16 years and 1/3 of their number to serve for terms of 6 years, 17 any odd number of commissioners so determined by dividing 18 into thirds to serve 6 year terms. The commissioner first 19 appointed pursuant to paragraph (i) of this subsection, who 20 shall serve as chairman, shall serve for a term of 6 years. 21 Any commissioner may be a member of the governing board or an 22 officer or employee of such county or any unit of local 23 government within such county. A commissioner is eligible 24 for reappointment upon the expiration of his term. A vacancy 25 in the office of a commissioner shall be filled for the 26 balance of the unexpired term by appointment and 27 qualification as to residency in the same manner as the 28 original appointment was made. Each commissioner shall 29 receive the same compensation which shall not be more than 30 $600 per year, except that no such commissioner who is a 31 member of the governing board or an officer or employee of 32 such county or any unit of local government within such 33 county may receive any compensation for serving as a 34 commissioner. Each commissioner may be removed by the HB3402 Enrolled -12- LRB093 09164 MKM 09396 b 1 appointing authority for any cause for which any other county 2 or municipal officer may be removed. The county water 3 commission shall determine its own rules of proceeding. A 4 quorum shall be a majority of the commissioners then in 5 office. All ordinances or resolutions shall be passed by not 6 less than a majority of a quorum. No commissioner or 7 employee of the commission, no member of the county board or 8 other official elected within such county, no mayor or 9 president or other member of the corporate authorities of any 10 unit of local government within such county, and no employee 11 of such county or any such unit of local government, shall be 12 interested directly or indirectly in any contract or job of 13 work or materials, or the profits thereof, or services to be 14 performed for or by the commission. A violation of any of 15 the foregoing provisions of this subsection is a Class C 16 misdemeanor. A conviction is cause for the removal of a 17 person from his office or employment. 18 (d) Except as provided in subsection (g), subject to the 19 referendum provided for in subsection (e), a county water 20 commission may borrow money for corporate purposes on the 21 credit of the commission, and issue general obligation bonds 22 therefor, in such amounts and form and on such conditions as 23 it shall prescribe, but shall not become indebted in any 24 manner or for any purpose in an amount including existing 25 indebtedness in the aggregate to exceed 5.75% of the 26 aggregate value of the taxable property within the 27 territorial boundaries of the county water commission, as 28 equalized and assessed by the Department of Revenue and as 29 most recently available at the time of the issue of said 30 bonds. Before or at the time of incurring any indebtedness, 31 except as provided in subsection (g), the commission shall 32 provide for the collection of a direct annual tax, which 33 shall be unlimited as to rate or amount, sufficient to pay 34 the interest on such debt as it falls due and also to pay and HB3402 Enrolled -13- LRB093 09164 MKM 09396 b 1 discharge the principal thereof at maturity, which shall be 2 within 40 years after the date of issue thereof. Such tax 3 shall be levied upon and collected from all of the taxable 4 property within the territory of the county water commission. 5 Dissolution of the county water commission for any reason 6 shall not relieve the taxable property within such territory 7 of the county water commission from liability for such tax. 8 The clerk of the commission shall file a certified copy of 9 the resolution or ordinance by which such bonds are 10 authorized to be issued and such tax is levied with the 11 County Clerk of each county in which any of the territory of 12 the county water commission is located and such filing shall 13 constitute, without the doing of any other act, full and 14 complete authority for each such County Clerk to extend such 15 tax for collection upon all the taxable property within the 16 territory of the county water commission subject to such tax 17 in each and every year required sufficient to pay the 18 principal of and interest on such bonds, as aforesaid, 19 without limit as to rate or amount, and shall be in addition 20 to and in excess of all other taxes authorized to be levied 21 by the commission or any included unit. The general 22 obligation bonds shall be issued pursuant to an ordinance or 23 resolution and may be issued in one or more series, and shall 24 bear such date or dates, mature at such time or times and in 25 any event not more than 40 years from the date thereof, be 26 sold at such price at private or public sale as determined by 27 a county water commission, bear interest at such rate or 28 rates such that the net effective interest rate received upon 29 the sale of such bonds does not exceed the maximum rate 30 determined under Section 2 of the Bond Authorization Act, 31 which rates may be fixed or variable, be in such 32 denominations, be in such form, either coupon or registered, 33 carry such conversion, registration, and exchange privileges, 34 be executed in such manner, be payable in such medium of HB3402 Enrolled -14- LRB093 09164 MKM 09396 b 1 payment at such place or places within or without the State 2 of Illinois, be subject to such terms of redemption, and 3 contain or be subject to such other terms as the ordinance or 4 resolution may provide, and shall not be restricted by the 5 provisions of any other terms of obligations of public 6 agencies or private persons. 7 (e) No issue of general obligation bonds by a county 8 water commission (except bonds to refund an existing bonded 9 indebtedness) shall be authorized unless the commission 10 certifies the proposition of issuing such bonds to the proper 11 election officials, who shall submit the proposition to the 12 voters at an election in accordance with the general election 13 law, and the proposition has been approved by a majority of 14 those voting on the proposition. 15 The proposition shall be in the form provided in Section 16 5 or shall be substantially in the following form: 17 ------------------------------------------------------------- 18 Shall general obligation 19 bonds for the purpose of 20 (state purpose), in the YES 21 sum of $....(insert amount), ----------------------------- 22 be issued by the ......... NO 23 (insert corporate name of 24 the county water commission)? 25 ------------------------------------------------------------- 26 (f) In order to carry out and perform its powers and 27 functions and duties under the provisions of this Act and 28 Division 135 of the Illinois Municipal Code, as modified and 29 supplemented by this Act, the governing body of any county 30 water commission may by ordinance levy annually upon all 31 taxable property within its territory a tax at a rate not to 32 exceed .005% of the value of such property, as equalized or 33 assessed by the Department of Revenue for the year in which 34 the levy is made. In addition, any county water commission HB3402 Enrolled -15- LRB093 09164 MKM 09396 b 1 may by ordinance levy upon all taxable property within its 2 territory, for one year only, an additional tax for such 3 purposes at a rate not to exceed .20% of the value of such 4 property, as equalized or assessed by the Department of 5 Revenue for that year; provided, however, that such tax may 6 not be levied more than once in any county water commission. 7 (g) Any county water commission shall have the power to 8 borrow money, subject to the indebtedness limitation provided 9 in subsection (d), from the home county or included units, in 10 such amounts and in such terms as agreed by the governing 11 bodies of the commission and the home county or included 12 units. 13 (h) No county water commission constituted pursuant to 14 the Act shall engage in the retail sale or distribution of 15 water to residents or customers of any municipality. 16 (i) Nothing in the Section requires any municipality to 17 contract with a county water commission for a supply of 18 water. 19 (j) The State of Illinois recognizes that any such 20 contract for the supply of water executed by a unit of local 21 government and a county water commission may contain terms 22 and conditions intended by the parties thereto to be absolute 23 conditions thereof. The State of Illinois also recognizes 24 that persons may loan funds to a county water commission 25 (including, without limitation, the purchase of revenue or 26 general obligation bonds of such commission) in reliance upon 27 the terms and conditions of any such contract for the supply 28 of water. Therefore, the State of Illinois pledges and 29 agrees to those parties and persons which make loans of funds 30 to a county water commission that it will not impair or limit 31 the power or ability of a county water commission or a unit 32 of local government fully to carry out the financial 33 obligations and obligation to furnish water pursuant to the 34 terms of any contract for the supply of water entered into by HB3402 Enrolled -16- LRB093 09164 MKM 09396 b 1 such county water commission or unit of local government for 2 the term of such contracts or loans. All other terms and 3 conditions of such contracts and intergovernmental agreements 4 shall be binding to the extent that they are not inconsistent 5 with this amendatory Act of the 93rd General Assembly. 6 (Source: P.A. 87-145.) 7 (70 ILCS 3720/0.01 new) 8 Sec. 0.01. Service to areas with contaminated or tainted 9 water. 10 (a) Notwithstanding the terms of a water supply contract 11 existing on the effective date of this amendatory Act of the 12 93rd General Assembly, a municipality with a water supply 13 contract with a county water commission must provide water to 14 territories outside that municipality, provided that the 15 territory to be served currently receives well water that is 16 tainted or contaminated. The home county board must find that 17 the water supply in such territory is tainted or contaminated 18 such that the health of persons served in that territory is 19 likely to be adversely affected now or in the future. The 20 county water commission shall determine which municipality in 21 the home county is most appropriate for supplying water to 22 the territory with the contaminated wells within 30 days of a 23 county board finding that there is a tainted or contaminated 24 water supply. 25 The municipality shall provide access to water for such 26 territory no later than 90 days after the county water 27 commission has determined by resolution that the municipality 28 is the most appropriate municipality for providing access to 29 water for the territory. "Access to water" includes access 30 through the municipal main, but the municipality need not 31 otherwise provide infrastructure to deliver water from the 32 municipal main. The municipality may sell water to such 33 territory at a rate higher than the rate charged to municipal HB3402 Enrolled -17- LRB093 09164 MKM 09396 b 1 customers, in accordance with existing law. 2 (b) Unless otherwise provided by law, property in 3 unincorporated territory receiving water pursuant to 4 subsection (a) of this Section shall not be annexed without 5 consent of the owner of the property. A municipality's 6 furnishing water pursuant to subsection (a) of this Section 7 may not be conditioned on an agreement to annex. "Owner" for 8 the purpose of this subsection is any person or persons in 9 title, or in the case of property owned in trust, having the 10 beneficial ownership of such property, who owned the property 11 on the date water is first so received pursuant to subsection 12 (a) of this Section. Upon transfer of ownership of such 13 property, the municipality may annex it by ordinance. 14 (c) This amendatory Act of the 93rd General Assembly is 15 a limitation under subsection (i) of Section 6 of Article VII 16 of the Illinois Constitution on the concurrent exercise by 17 home rule units of powers and functions exercised by the 18 State. 19 (70 ILCS 3720/0.02 new) 20 Sec. 0.02. Rate equalization. Notwithstanding the terms 21 of a water supply contract existing on the effective date of 22 this amendatory Act of the 93rd General Assembly, all parties 23 to a water supply contract with a county water commission, 24 irrespective of whether such party is a charter member or 25 subsequent entrant, shall pay rates equal to the rates paid 26 by other parties to such water supply contract and shall not 27 pay any additional fees, costs, or differentials as a 28 condition of becoming a party to such water supply contract. 29 Subsequent entrants to a water supply contract shall pay 30 their pro-rata portion of the original capital costs less any 31 rebates and the actual costs of connection to the water 32 commission system. HB3402 Enrolled -18- LRB093 09164 MKM 09396 b 1 (70 ILCS 3720/0.03 new) 2 Sec. 0.03. Water subsidy guaranty. Except to satisfy 3 the obligations of persons who loaned funds to the county 4 water commission, the water rates charged to municipalities 5 that are in effect on the effective date of this amendatory 6 Act of the 93rd General Assembly may not be increased for a 7 period of 5 years. 8 (70 ILCS 3720/0.04 new) 9 Sec. 0.04. Five-year annual transfer of funds to home 10 county. Beginning July 1, 2003 and prior to July 1 of each 11 year through and including 2007, each county water commission 12 shall from any legally available sources transfer the sum of 13 $15,000,000 to the county board of the home county to be used 14 for county purposes. This amendatory Act of the 93rd General 15 Assembly is subordinate to any legally required payment of 16 principal, interest, or required reserve pursuant to the 17 county water commission's debt obligations. 18 (70 ILCS 3720/0.05 new) 19 Sec. 0.05. Home rule. A municipality, including a home 20 rule unit, must regulate its water systems and provide access 21 to water as required under the provisions of this amendatory 22 Act of the 93rd General Assembly. This Section is a denial 23 and limitation under subsection (i) of Section 6 of Article 24 VII of the Illinois Constitution on the concurrent exercise 25 by home rule units of powers and functions exercised by the 26 State. 27 Section 90. The State Mandates Act is amended by adding 28 Section 8.27 as follows: 29 (30 ILCS 805/8.27 new) 30 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6 HB3402 Enrolled -19- LRB093 09164 MKM 09396 b 1 and 8 of this Act, no reimbursement by the State is required 2 for the implementation of any mandate created by this 3 amendatory Act of the 93rd General Assembly. 4 Section 97. Severability. The provisions of this Act 5 are severable under Section 1.31 of the Statute on Statutes. 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.