HB0264sam002 99TH GENERAL ASSEMBLY

Sen. Kyle McCarter

Filed: 5/7/2015

09900HB0264sam002 LRB099 03912 AWJ 35051 a

AMENDMENT TO HOUSE BILL 264

AMENDMENT NO. ______. Amend House Bill 264 on page 1, immediately before line 4, by inserting the following:

"Section 3. The Township Code is amended by changing Section 205-140 as follows:

(60 ILCS 1/205-140)

Sec. 205-140. Initiating proceedings for particular locality; rates and charges; lien.

(a) A township board may initiate proceedings under Sections 205-130 through 205-150 in the manner provided by Section 205-20.

(b) The township board may establish the monthly rate or charge to all users each user of the waterworks system or sewerage system, or combined waterworks and sewerage system, or improvement or extension at a rate that will be sufficient to pay for the operation, maintenance, and necessary upgrades or improvements of the system, the principal and interest of any bonds issued to pay the cost of any necessary upgrades or improvements to the system, and improvement, or extension and the maintenance and operation of the system, improvement, or extension and may provide an adequate depreciation fund for the bonds. Monthly Charges or rates shall be established, revised, and maintained by ordinance and become payable as the township board determines by ordinance.

For any user outside of the township's geographical boundaries and outside the township's facility planning area, the township may impose a 25% surcharge above the monthly user rates charged to all users within the township or the township's facility planning area. For purposes of this Section, "facility planning area" has the same meaning as that term is defined under subsection (c) of Section 2.08 of the Wastewater Land Treatment Site Regulation Act.

(b-5) The township board of a township that operates a water or sewerage system may by ordinance collect a fair and reasonable fee, which shall not include the cost of labor and materials, for connection to any such system for the connection of a new service line from the new user's building or development to the township's main water or sewer line located in the adjoining utility easement. The standard used in order to determine a fair and reasonable connection fee shall be based solely on the size of the water meter to be installed for the service of the building or development. The fee shall not exceed, but may be less than, the connection fee for the applicable connection type, as described below. The restriction on fees imposed by this subsection shall not limit the right of the township to recover the actual cost of field labor and materials incurred by the township to connect the new user's building or development to the township's main water or sewer line in the adjoining utility easement. The actual cost of field labor shall not include wages that exceed one and one-half times the employees' normal hourly pay rate. The actual cost of materials shall not exceed one and one-quarter times the township's acquisition cost of materials actually used and provided by the township to make the connection. The connection fee shall not change the terms of any existing recapture agreement between a developer and a township.

Sewer Connection Fees Size of water meter Amount of fee Single family residential..............................$1,000 Multifamily residential..................$1,000 per residence Planned unit multifamily.......Applicable commercial size fee 3/4 inch & smaller commercial..........................$1,000 1 inch commercial......................................$1,669 1 1/2 inch commercial..................................$3,031 2 inch commercial......................................$4,736 3 inch commercial......................................$8,744 4 inch commercial.....................................$14,711 6 inch commercial.....................................$28,351 8 inch commercial.....................................$51,368 10 inch commercial....................................$82,655 12 inch & larger commercial..........Set by resolution of the township board

Water Main Connection Fees Size of water meter............................Amount of fee 3/4 inch & smaller....................................$1,000 1 inch.................................................$1,600 1 1/2 inch.............................................$2,300 2 inch.................................................$3,900 3 inch.................................................$8,600 4 inch................................................$15,400 6 inch................................................$34,300 8 inch................................................$41,100 10 inch & larger meters..............................$154,000 Unmetered & Main Extension.............................$2,000 Landscaping sprinkler meter............................$1,000

The plan review fee charged by the township to review the building or development plans for the new connection, regardless of type, may not exceed $100.

The inspection fee charged by the township to inspect the new service line connection to the township's main line in the adjoining utility easement may not exceed $100.

The township may not charge a new user an acreage fee as part of or in addition to the connection fee.

The township may charge a new user outside of the township's geographical boundaries or the township's facility planning area up to an additional 25% surcharge above the connection fees indicated above.

As used in this Section, "multifamily residential" means the connection fee for a residential building to be constructed on an individual platted lot, which has at least 2 and not more than 4 separate residential units, and which is not part of a multifamily planned unit development.

As used in this Section, "multifamily planned unit development" means the connection fee for a development using one main water meter to service one or more buildings within a planned unit development. A multifamily planned unit development shall be charged a single connection fee according to the above schedules, without regard to the number of residential units within the development.

(c) The charges or rates are liens upon the real estate upon or for which sewerage service is supplied whenever the charges or rates become delinquent as provided by the ordinance of the board fixing a delinquency date.

(Source: P.A. 82-783; 88-62.)".