100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4744

 

Introduced , by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Municipal Code. Provides that beginning January 1, 2019, a supplying municipality in Cook County shall not charge another municipality in Cook County more than the actual cost of providing water to the municipality. Provides that a supplying municipality in Cook County shall post on its website and provide to the municipality to which it supplies water the actual cost of providing water. Provides that the Environmental Protection Agency shall monitor all supplying municipalities in Cook County to make sure the municipalities are not charging more than the actual cost of providing water. Defines "suppling municipality in Cook County" as a municipality in Cook County that either receives water directly from Lake Michigan or buys its water from another municipality that receives its water either directly or indirectly from Lake Michigan and "actual cost of providing water" as the cost of providing water along with reasonable fees to deliver the drinking water. Limits home rule powers. Amends the Environmental Protection Act. Creates the Cook County Water Infrastructure Fund. Provides that moneys in the Fund shall be used by the Agency to make grants to municipalities to fund infrastructure improvements to facilitate water supplies from Lake Michigan for residents of Cook County. Provides that the Fund is not subject to sweeps, administrative charges or chargebacks, or any other fiscal or budgetary maneuver that would in any way transfer any funds from the Cook County Water Infrastructure Fund into any other fund of the State. Provides that the Agency may adopt rules to implement the provisions. Amends the State Finance Act making conforming changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4744LRB100 18684 AWJ 33914 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 11-124-1 as follows:
 
6    (65 ILCS 5/11-124-1)  (from Ch. 24, par. 11-124-1)
7    Sec. 11-124-1. Contracts for supply of water.
8    (a) The corporate authorities of each municipality may
9contract with any person, corporation, municipal corporation,
10political subdivision, public water district or any other
11agency for a supply of water. Any such contract entered into by
12a municipality shall provide that payments to be made
13thereunder shall be solely from the revenues to be derived from
14the operation of the waterworks system of the municipality, and
15the contract shall be a continuing valid and binding obligation
16of the municipality payable from the revenues derived from the
17operation of the waterworks system of the municipality for the
18period of years, not to exceed 40, as may be provided in such
19contract. Any such contract shall not be a debt within the
20meaning of any constitutional or statutory limitation. No prior
21appropriation shall be required before entering into such a
22contract and no appropriation shall be required to authorize
23payments to be made under the terms of any such contract

 

 

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1notwithstanding any provision in this Code to the contrary.
2    (b) Payments to be made under any such contract shall be an
3operation and maintenance expense of the waterworks system of
4the municipality. Any such contract made by a municipality for
5a supply of water may contain provisions whereby the
6municipality is obligated to pay for such supply of water
7without setoff or counterclaim and irrespective of whether such
8supply of water is ever furnished, made available or delivered
9to the municipality or whether any project for the supply of
10water contemplated by any such contract is completed, operable
11or operating and notwithstanding any suspension, interruption,
12interference, reduction or curtailment of the supply of water
13from such project. Any such contract may provide that if one or
14more of the other purchasers of water defaults in the payment
15of its obligations under such contract or a similar contract
16made with the supplier of the water, one or more of the
17remaining purchasers party to such contract or such similar
18contract shall be required to pay for all or a portion of the
19obligations of the defaulting purchasers.
20    (c) Payments to be made under any such contract with a
21municipal joint action water agency under the
22Intergovernmental Cooperation Act shall be an operation and
23maintenance expense of the waterworks system of the
24municipality. Any such contract made by a municipality for a
25supply of water with a municipal joint action water agency
26under the provisions of the Intergovernmental Cooperation Act

 

 

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1may contain provisions whereby the municipality is obligated to
2pay for such supply of water without setoff or counterclaim and
3irrespective of whether such supply of water is ever furnished,
4made available or delivered to the municipality or whether any
5project for the supply of water contemplated by any such
6contract is completed, operable or operating and
7notwithstanding any suspension, interruption, interference,
8reduction or curtailment of the supply of water from such
9project. Any such contract with a municipal joint action water
10agency may provide that if one or more of the other purchasers
11of water defaults in the payment of its obligations under such
12contract or a similar contract made with the supplier of the
13water, one or more of the remaining purchasers party to such
14contract or such similar contract shall be required to pay for
15all or a portion of the obligations of the defaulting
16purchasers.
17    The changes in this Section made by these amendatory Acts
18of 1984 are intended to be declarative of existing law.
19    (d) A municipality with a water supply contract with a
20county water commission organized pursuant to the Water
21Commission Act of 1985 shall provide water to unincorporated
22areas of that home county in accordance with the terms of this
23subsection. The provision of water by the municipality shall be
24in accordance with a mandate of the home county as provided in
25Section 0.01 of the Water Commission Act of 1985. A home rule
26unit may not provide water in a manner that is inconsistent

 

 

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1with the provisions of this amendatory Act of the 93rd General
2Assembly. This subsection is a limitation under subsection (i)
3of Section 6 of Article VII of the Illinois Constitution on the
4concurrent exercise by home rule units of powers and functions
5exercised by the State.
6    (e) Beginning January 1, 2019, a supplying municipality in
7Cook County shall not charge another municipality in Cook
8County more than the actual cost of providing water to the
9municipality. A supplying municipality in Cook County shall
10post on its website and provide to the municipality to which it
11supplies water the actual cost of providing water. The
12Environmental Protection Agency shall monitor all supplying
13municipalities in Cook County to make sure the municipalities
14are not charging more than the actual cost of providing water.
15    As used in this subsection:
16    "Actual cost of providing water" means the cost of
17providing water along with reasonable fees to deliver the
18drinking water.
19    "Supplying municipality in Cook County" means a
20municipality in Cook County that either receives water directly
21from Lake Michigan or buys its water from another municipality
22that receives its water either directly or indirectly from Lake
23Michigan.
24    A home rule municipality in Cook County may not supply
25water to another Cook County municipality in a manner
26inconsistent with this subsection. This subsection is a

 

 

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1limitation under subsection (i) of Section 6 of Article VII of
2the Illinois Constitution on the concurrent exercise by home
3rule units of powers and functions exercised by the State.
4(Source: P.A. 95-331, eff. 8-21-07.)
 
5    Section 10. The Environmental Protection Act is amended by
6adding Section 14.8 as follows:
 
7    (415 ILCS 5/14.8 new)
8    Sec. 14.8. Monitoring water supplies from Lake Michigan.
9    (a) The Agency shall monitor all supplying municipalities
10in Cook County, as defined in subsection (e) of Section
1111-124-1 of the Illinois Municipal Code, to make sure that the
12municipalities are not charging more than the actual cost of
13providing water as provided under subsection (e) of Section
1411-124-1 of the Illinois Municipal Code.
15    (b) The Cook County Water Infrastructure Fund is created as
16a new fund in the State treasury. Moneys in the Fund shall be
17used by the Agency to make grants to municipalities to fund
18infrastructure improvements to facilitate water supplies from
19Lake Michigan for residents of Cook County.
20    Notwithstanding any other provision of law, the Cook County
21Water Infrastructure Fund is not subject to sweeps,
22administrative charges or chargebacks, or any other fiscal or
23budgetary maneuver that would in any way transfer any funds
24from the Cook County Water Infrastructure Fund into any other

 

 

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1fund of the State.
2    (c) The Agency may adopt rules under the Illinois
3Administrative Procedure Act to implement this Section.
 
4    Section 15. The State Finance Act is amended by adding
5Section 5.886 as follows:
 
6    (30 ILCS 105/5.886 new)
7    Sec. 5.886. The Cook County Water Infrastructure Fund.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    65 ILCS 5/11-124-1from Ch. 24, par. 11-124-1
4    415 ILCS 5/14.8 new
5    30 ILCS 105/5.886 new