SB1815 99TH GENERAL ASSEMBLY

LRB099 11023 AWJ 31398 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1815

Introduced 2/20/2015, by Sen. Kyle McCarter

SYNOPSIS AS INTRODUCED:

60 ILCS 1/205-140
65 ILCS 5/11-150-1	from Ch. 24, par. 11-150-1

Amends the Township Code. Makes various changes to provisions authorizing a township board to establish the monthly rate charged for the use of a waterworks system or sewerage system or a combined waterworks and sewerage system. Authorizes a township board to impose, upon a user who is outside of the township's geographical boundaries or the township's facility planning area, a 25% surcharge above the monthly user rates charged to users who are within the township and the township's facility planning area. Authorizes a township board to impose fees for connection to a sewerage system in amounts based on the size of the water meter to be installed. Contains provisions regarding: plan review fees, inspection fees, and acreage fees, and connection fees for a user who is outside of the township's geographical boundaries or the township's facility planning area. Amends the Illinois Municipal Code to make similar changes regarding fees charged by the corporate authorities of a municipality operating a waterworks or sewerage system. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. 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 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 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.)

Section 10. The Illinois Municipal Code is amended by changing Section 11-150-1 as follows:

(65 ILCS 5/11-150-1) (from Ch. 24, par. 11-150-1)

Sec. 11-150-1. Rates and fees.

(a) The corporate authorities of any municipality may establish the monthly rate to all users of the waterworks system or sewerage system, or combined waterworks and sewerage system, 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 provide an adequate depreciation fund for the bonds. Monthly rates shall be established, revised, and maintained by ordinance and become payable as the corporate authorities determine by ordinance.

For any user outside of the municipality's geographical boundaries and outside the municipality's facility planning area, the municipality may impose a 25% surcharge above the monthly user rates charged to all users within the municipality or the municipality'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) The corporate authorities of a municipality 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 municipality'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 municipality to recover the actual cost of labor and materials incurred by the municipality to connect the new user's building or development to the municipality's main water or sewer line in the adjoining utility easement. The connection fee shall not change the terms of any existing recapture agreement between a developer and a municipality. 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 by the corporate authorities of the municipality

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 municipality to review the building or development plans for the new connection, regardless of type, may not exceed $100.

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

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

The municipality may charge a new user outside of the municipality's geographical boundaries or the municipality's facility planning area up to an additional 25% surcharge above the connection fees indicated above, as well as a fair and reasonable impact fee.

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) A home rule unit in a county with a population of under 3,000,000 may not regulate in a manner inconsistent with this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. The corporate authorities of any municipality operating a waterworks, sewerage or combined waterworks and sewerage system have the power by ordinance to collect a fair and reasonable charge for connection to any such system in addition to those charges covered by normal taxes, for the construction, expansion and extension of the works of the system, the charge to be assessed against new or additional users of the system and to be known as a connection charge, except that no connection or water usage charge shall exceed the actual cost required for the installation or usage of an automatic sprinkler system. The funds thus collected shall be used by the municipality for its general corporate purposes with primary application thereof being made by the necessary expansion of the works of the system to meet the requirements of the new users thereof.

(Source: P.A. 85-784.)

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