HB2535ham001 104TH GENERAL ASSEMBLY

Rep. Nabeela Syed

Filed: 4/2/2025

10400HB2535ham001 LRB104 08237 RTM 24120 a

AMENDMENT TO HOUSE BILL 2535

AMENDMENT NO. ______. Amend House Bill 2535 by replacing everything after the enacting clause with the following:

"Section 3. Findings. The General Assembly finds that:

(1) To protect the health, safety, and welfare of the residents of this State, it is in the public interest to ensure that fire protection districts have access to an adequate and reliable water supply and sanitary sewers in order to serve fire stations and facilities that house fire apparatus and equipment.

(2) The ability to connect to the nearest reasonable and available water source and sanitary sewer is essential to the effectiveness of fire protection districts in preserving life and property.

Section 5. The Fire Protection District Act is amended by adding Sections 11n as follows:

(70 ILCS 705/11n new)

Sec. 11n. Water supply access for fire protection districts.

(a) As used in this Section:

"Waterworks" has the meaning given to that term in Section 11-139-1 of the Illinois Municipal Code.

"Sewerage system" has the meaning given to that term in Section 11-139-1 of the Illinois Municipal Code.

(b) A fire protection district may connect to and use the closest available waterworks and sewerage system for fire stations and fire protection facilities that house fire apparatus and equipment.

(c) A fire protection district may install, maintain, and operate any infrastructure necessary for a connection under subsection (b), including, but not limited to, pipes, pumps, hydrants, and storage facilities, in accordance with applicable laws and regulations.

(d) The access to waterworks and sewerage systems under this Section is limited to waterworks and sewerage systems controlled or operated by a unit of local government.

(e) If a unit of local government controls or maintains the waterworks or sewerage system that is closest to a fire station and fire protection facility that houses fire apparatus and equipment, then the unit of local government may not deny or restrict a fire protection district's ability to connect to that waterworks or sewerage system without good cause.

(f) If a dispute arises between a fire protection district and another entity regarding access to waterworks or sewerage systems, then the fire protection district and the affected entity shall engage in good faith negotiations to reach a resolution. If no resolution is reached, then the fire protection district may petition the Illinois Commerce Commission or an appropriate regulatory authority for a determination regarding reasonable access.

(g) A connection fee for a fire protection district shall not be greater than the connection fee of any residential customer of the waterworks or sewerage system and a usage fee for a fire protection district shall not be greater than twice the usage fee of any residential customer.

(h) A unit of local government that is a home rule unit may not regulate connections to fire stations and fire protection facilities in a manner inconsistent with this Section. This Section is a denial and limitation of home rule powers and functions under subsection (i) of Section 6 of Article VII of the Illinois Constitution.".