Rep. Jay Hoffman
Filed: 3/20/2024
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1 | AMENDMENT TO HOUSE BILL 562 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 562 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
4 | "Section 5. The Public Utilities Act is amended by | ||||||
5 | changing Section 9-201 as follows: | ||||||
6 | (220 ILCS 5/9-201) (from Ch. 111 2/3, par. 9-201) | ||||||
7 | Sec. 9-201. (a) Unless the Commission otherwise orders, | ||||||
8 | and except as otherwise provided in this Section, no change | ||||||
9 | shall be made by any public utility in any rate or other charge | ||||||
10 | or classification, or in any rule, regulation, practice or | ||||||
11 | contract relating to or affecting any rate or other charge, | ||||||
12 | classification or service, or in any privilege or facility, | ||||||
13 | except after 45 days' notice to the Commission and to the | ||||||
14 | public as herein provided. Such notice shall be given by | ||||||
15 | filing with the Commission and keeping open for public | ||||||
16 | inspection new schedules or supplements stating plainly the |
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1 | change or changes to be made in the schedule or schedules then | ||||||
2 | in force, and the time when the change or changes will go into | ||||||
3 | effect, and by publication in a newspaper of general | ||||||
4 | circulation or such other notice to persons affected by such | ||||||
5 | change as may be prescribed by rule of the Commission. The | ||||||
6 | Commission, for good cause shown, may allow changes without | ||||||
7 | requiring the 45 days' notice herein provided for, by an order | ||||||
8 | specifying the changes so to be made and the time when they | ||||||
9 | shall take effect and the manner in which they shall be filed | ||||||
10 | and published. | ||||||
11 | When any change is proposed in any rate or other charge, or | ||||||
12 | classification, or in any rule, regulation, practice, or | ||||||
13 | contract relating to or affecting any rate or other charge, | ||||||
14 | classification or service, or in any privilege or facility, | ||||||
15 | such proposed change shall be plainly indicated on the new | ||||||
16 | schedule filed with the Commission, by some character to be | ||||||
17 | designated by the Commission, immediately preceding or | ||||||
18 | following the item. | ||||||
19 | When any public utility providing water or sewer service | ||||||
20 | proposes any change in any rate or other charge, or | ||||||
21 | classification, or in any rule, regulation, practice, or | ||||||
22 | contract relating to or affecting any rate or other charge, | ||||||
23 | classification or service, or in any privilege or facility, | ||||||
24 | such utility shall, in addition to the other notice | ||||||
25 | requirements of this Act, provide notice of such change to all | ||||||
26 | customers potentially affected by including a notice and |
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1 | description of such change, and of Commission procedures for | ||||||
2 | intervention, in the first bill sent to each such customer | ||||||
3 | after the filing of the proposed change. | ||||||
4 | For water or sewer utilities with greater than 15,000 | ||||||
5 | total customers, the following notice requirements are | ||||||
6 | applicable, in addition to the other notice requirements of | ||||||
7 | this Act: | ||||||
8 | (1) As a separate bill insert, an initial notice in | ||||||
9 | the first bill sent to all customers potentially affected | ||||||
10 | by the proposed change after the filing of the proposed | ||||||
11 | change shall include: | ||||||
12 | (A) the approximate date when the change or | ||||||
13 | changes shall go into effect assuming the Commission | ||||||
14 | utilizes the 11-month process as described in this | ||||||
15 | Section; | ||||||
16 | (B) a statement indicating that the estimated bill | ||||||
17 | impact may vary based on multiple factors, including, | ||||||
18 | but not limited to, meter size, usage volume, and the | ||||||
19 | fire protection district; | ||||||
20 | (C) the water or sewer utility's customer service | ||||||
21 | number or other number as may be appropriate where an | ||||||
22 | authorized agent of the water or sewer utility can | ||||||
23 | explain how the proposed increase might impact an | ||||||
24 | individual customer's bill; | ||||||
25 | (D) if the proposed change involves a change from | ||||||
26 | a flat to a volumetric rate, an explanation of |
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1 | volumetric rate; | ||||||
2 | (E) a reference to the water or sewer utility's | ||||||
3 | website where customers can find tips on water | ||||||
4 | conservation; and | ||||||
5 | (F) for customers receiving both water and sewer | ||||||
6 | service from a utility and if the customer has an | ||||||
7 | option to install a separate meter for irrigation to | ||||||
8 | mitigate sewer charges, an explanation of the water | ||||||
9 | and sewer utility's and the customer's | ||||||
10 | responsibilities for installation of a separate meter | ||||||
11 | if such a change is approved. | ||||||
12 | (2) A second notice to all customers shall be included | ||||||
13 | on the first bill after the Commission suspends the | ||||||
14 | tariffs initiating the rate case. | ||||||
15 | (3) Final notice of such change shall be sent to all | ||||||
16 | customers potentially affected by the proposed change by | ||||||
17 | including information required under this paragraph (3) | ||||||
18 | with the first bill after the effective date of the rates | ||||||
19 | approved by the Final Order of the Commission in a rate | ||||||
20 | case. The notice shall include the following: | ||||||
21 | (A) the date when the change or changes went into | ||||||
22 | effect; | ||||||
23 | (B) the water or sewer utility's customer service | ||||||
24 | number or other number as may be appropriate where an | ||||||
25 | authorized agent of the water or sewer utility can | ||||||
26 | explain how the proposed increase might impact an |
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1 | individual customer's bill; | ||||||
2 | (C) an explanation that usage shall now be charged | ||||||
3 | at a volumetric rate rather than a flat rate, if | ||||||
4 | applicable; | ||||||
5 | (D) a reference to the water or sewer utility's | ||||||
6 | website where the customer can find tips on water | ||||||
7 | conservation; and | ||||||
8 | (E) for customers receiving both water and sewer | ||||||
9 | service from a utility and if the customer has an | ||||||
10 | option to install a separate meter for irrigation to | ||||||
11 | mitigate sewer charges, an explanation of the water | ||||||
12 | and sewer utility's and the customer's | ||||||
13 | responsibilities for installation of a separate meter | ||||||
14 | if such a change is approved. | ||||||
15 | (b) Whenever there shall be filed with the Commission any | ||||||
16 | schedule stating an individual or joint rate or other charge, | ||||||
17 | classification, contract, practice, rule or regulation, the | ||||||
18 | Commission shall have power, and it is hereby given authority, | ||||||
19 | either upon complaint or upon its own initiative without | ||||||
20 | complaint, at once, and if it so orders, without answer or | ||||||
21 | other formal pleadings by the interested public utility or | ||||||
22 | utilities, but upon reasonable notice, to enter upon a hearing | ||||||
23 | concerning the propriety of such rate or other charge, | ||||||
24 | classification, contract, practice, rule or regulation, and | ||||||
25 | pending the hearing and decision thereon, such rate or other | ||||||
26 | charge, classification, contract, practice, rule or regulation |
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1 | shall not go into effect. The period of suspension of such rate | ||||||
2 | or other charge, classification, contract, practice, rule or | ||||||
3 | regulation shall not extend more than 105 days beyond the time | ||||||
4 | when such rate or other charge, classification, contract, | ||||||
5 | practice, rule or regulation would otherwise go into effect | ||||||
6 | unless the Commission, in its discretion, extends the period | ||||||
7 | of suspension for a further period not exceeding 6 months. | ||||||
8 | All rates or other charges, classifications, contracts, | ||||||
9 | practices, rules or regulations not so suspended shall, on the | ||||||
10 | expiration of 45 days from the time of filing the same with the | ||||||
11 | Commission, or of such lesser time as the Commission may | ||||||
12 | grant, go into effect and be the established and effective | ||||||
13 | rates or other charges, classifications, contracts, practices, | ||||||
14 | rules and regulations, subject to the power of the Commission, | ||||||
15 | after a hearing had on its own motion or upon complaint, as | ||||||
16 | herein provided, to alter or modify the same. | ||||||
17 | Within 30 days after such changes have been authorized by | ||||||
18 | the Commission, copies of the new or revised schedules shall | ||||||
19 | be posted or filed in accordance with the terms of Section | ||||||
20 | 9-103 of this Act, in such a manner that all changes shall be | ||||||
21 | plainly indicated. The Commission shall incorporate into the | ||||||
22 | period of suspension a review period of 4 business days during | ||||||
23 | which the Commission may review and determine whether the new | ||||||
24 | or revised schedules comply with the Commission's decision | ||||||
25 | approving a change to the public utility's rates. Such review | ||||||
26 | period shall not extend the suspension period by more than 2 |
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1 | days. Absent notification to the contrary within the 4 | ||||||
2 | business day period, the new or revised schedules shall be | ||||||
3 | deemed approved. | ||||||
4 | (c) If the Commission enters upon a hearing concerning the | ||||||
5 | propriety of any proposed rate or other charge, | ||||||
6 | classification, contract, practice, rule or regulation, the | ||||||
7 | Commission shall establish the rates or other charges, | ||||||
8 | classifications, contracts, practices, rules or regulations | ||||||
9 | proposed, in whole or in part, or others in lieu thereof, which | ||||||
10 | it shall find to be just and reasonable. In such hearing, the | ||||||
11 | burden of proof to establish the justness and reasonableness | ||||||
12 | of the proposed rates or other charges, classifications, | ||||||
13 | contracts, practices, rules or regulations, in whole and in | ||||||
14 | part, shall be upon the utility. The utility, the staff of the | ||||||
15 | Commission, the Attorney General, or any party to a proceeding | ||||||
16 | initiated under this Section who has been granted intervenor | ||||||
17 | status and submitted a post-hearing brief must be given the | ||||||
18 | opportunity to present oral argument, if requested no later | ||||||
19 | than the date for filing exceptions, on the propriety of any | ||||||
20 | proposed rate or other charge, classification, contract, | ||||||
21 | practice, rule, or regulation. No rate or other charge, | ||||||
22 | classification, contract, practice, rule or regulation shall | ||||||
23 | be found just and reasonable unless it is consistent with | ||||||
24 | Sections of this Article. In considering the justness and | ||||||
25 | reasonableness of a proposed rate or other charge, | ||||||
26 | classification, contract, investment, certificate, practice, |
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1 | rule, or regulation, the Commission shall consider the impact | ||||||
2 | the order has on bargaining unit jobs in Illinois, including | ||||||
3 | utility and contractor bargaining unit jobs. The Commission | ||||||
4 | shall make a bargaining unit job impact finding for any order | ||||||
5 | addressing a proposed rate or other charge, classification, | ||||||
6 | contract, investment, certificate, practice, rule, or | ||||||
7 | regulation if the Commission determines that 50 or more | ||||||
8 | bargaining unit jobs may be negatively affected or at least | ||||||
9 | one party to the proceeding has taken the position that 50 or | ||||||
10 | more bargaining unit jobs may be negatively affected. The | ||||||
11 | bargaining unit job impact finding shall detail the effects of | ||||||
12 | the Commission's order on bargaining unit jobs, including, but | ||||||
13 | not limited to, an assessment of past or future investment | ||||||
14 | levels, investments, utility rates, or rate designs. Within 30 | ||||||
15 | days of the order, the Commission shall submit a report to the | ||||||
16 | General Assembly including its bargaining unit job impact | ||||||
17 | finding and the Commission's justification supporting its | ||||||
18 | conclusion that the order may negatively affect 50 or more | ||||||
19 | bargaining unit jobs. | ||||||
20 | (d) Except where compliance with Section 8-401 of this Act | ||||||
21 | is of urgent and immediate concern, no representative of a | ||||||
22 | public utility may discuss with a commissioner, commissioner's | ||||||
23 | assistant, or administrative law judge in a non-public setting | ||||||
24 | a planned filing for a general rate increase. If a public | ||||||
25 | utility makes a filing under this Section, then no substantive | ||||||
26 | communication by any such person with a commissioner, |
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1 | commissioner's assistant, or administrative law judge | ||||||
2 | concerning the filing is permitted until a notice of hearing | ||||||
3 | has been issued. After the notice of hearing has been issued, | ||||||
4 | the only communications by any such person with a | ||||||
5 | commissioner, commissioner's assistant, or administrative law | ||||||
6 | judge concerning the filing permitted are communications | ||||||
7 | permitted under Section 10-103 of this Act. If any such | ||||||
8 | communication does occur, then within 5 days of the docket | ||||||
9 | being initiated all details relating to the communication | ||||||
10 | shall be placed on the public record of the proceeding. The | ||||||
11 | record shall include any materials, whether written, recorded, | ||||||
12 | filmed, or graphic in nature, produced or reproduced on any | ||||||
13 | media, used in connection with the communication. The record | ||||||
14 | shall reflect the names of all persons who transmitted, | ||||||
15 | received, or were otherwise involved in the communication, the | ||||||
16 | duration of the communication, and whether the communication | ||||||
17 | occurred in person or by other means. In the case of an oral | ||||||
18 | communication, the record shall also reflect the location or | ||||||
19 | locations of all persons involved in the communication and, if | ||||||
20 | the communication occurred by telephone, the telephone numbers | ||||||
21 | for the callers and recipients of the communication. A | ||||||
22 | commissioner, commissioner's assistant, or administrative law | ||||||
23 | judge who is involved in any such communication shall be | ||||||
24 | recused from the affected proceeding. The Commission, or any | ||||||
25 | commissioner or administrative law judge presiding over the | ||||||
26 | proceeding shall, in the event of a violation of this Section, |
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1 | take action necessary to ensure that such violation does not | ||||||
2 | prejudice any party or adversely affect the fairness of the | ||||||
3 | proceedings including dismissing the affected proceeding. | ||||||
4 | Nothing in this subsection (d) is intended to preclude | ||||||
5 | otherwise allowable updates on issues that may be indirectly | ||||||
6 | related to a general rate case filing because cost recovery | ||||||
7 | for the underlying activity may be requested. Such updates may | ||||||
8 | include, without limitation, issues related to outages and | ||||||
9 | restoration, credit ratings, security issuances, reliability, | ||||||
10 | Federal Energy Regulatory Commission matters, Federal | ||||||
11 | Communications Commission matters, regional reliability | ||||||
12 | organizations, consumer education, or labor matters, provided | ||||||
13 | that such updates may not include cost recovery in a planned | ||||||
14 | rate case. | ||||||
15 | (Source: P.A. 100-840, eff. 8-13-18.)". |