103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1345

 

Introduced 1/31/2023, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
220 ILCS 5/9-211.5 new

    Amends the Public Utilities Act. Provides that a public utility that provides both water and wastewater services may request, in a general rate case proceeding, that the Illinois Commerce Commission allocate a portion of the public utility's wastewater service revenue requirement for recovery through water service base rates, allocate a portion of the public utility's water service revenue requirement through wastewater base rates, or combine that public utility's water service and wastewater service revenue requirements. Provides that as part of a proceeding, the public utility shall present evidence to establish, and the Commission shall consider, specified factors. Provides that if the Commission finds that an allocation or combination is in the public interest, the Commission shall enter an order approving such allocation or combination of the public utility's water and wastewater service revenue requirements. Provides that the water service revenue requirement or wastewater service revenue requirement may not be increased by more than 2.5% through an allocation from the water service revenue requirement or wastewater service revenue requirement. Provides for notice to customers. Allows the Commission to adopt rules to implement the amendatory provisions. Repeals the amendatory provisions on December 31, 2026. Effective immediately.


LRB103 00105 AMQ 45106 b

 

 

A BILL FOR

 

HB1345LRB103 00105 AMQ 45106 b

1    AN ACT concerning utilities.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by adding
5Section 9-211.5 as follows:
 
6    (220 ILCS 5/9-211.5 new)
7    Sec. 9-211.5. Water and wastewater cost allocation and
8combination.
9    (a) It is the public policy of the State of Illinois to
10ensure that prudent and timely investment in water and
11wastewater infrastructure is made by public utilities that
12provide water and wastewater services in order for customers
13of these services to receive safe, reliable, and affordable
14water and wastewater services.
15    (b) A public utility that provides both water and
16wastewater services may request, in a general rate case
17proceeding, that the Commission allocate a portion of the
18public utility's wastewater service revenue requirement for
19recovery through water service base rates, allocate a portion
20of the public utility's water service revenue requirement
21through wastewater base rates, or combine that public
22utility's water service and wastewater service revenue
23requirements.

 

 

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1    (c) As part of any proceeding commenced pursuant to
2subsection (b), the public utility shall present evidence to
3establish, and the Commission shall consider, each of the
4following:
5        (1) the current rates of the existing customers of the
6    water and wastewater public utility;
7        (2) the number of customers of the water and
8    wastewater public utility;
9        (3) the difference between the number of water and
10    wastewater customers of the water and wastewater public
11    utility;
12        (4) the capital investment made by the water and
13    wastewater public utility and the potential impact on
14    water and wastewater rates;
15        (5) future capital investment needs for both water and
16    wastewater systems and the service territories of the
17    water and sewer public utility that are in need;
18        (6) other public or policy objectives of the State or
19    Commission; and
20        (7) any other factor that the Commission deems
21    necessary to determine whether the allocation or
22    combination is in the public interest.
23    (d) If, after considering each of the factors set forth in
24subsection (c), the Commission finds that an allocation or
25combination is in the public interest, the Commission shall
26enter an order approving such allocation or combination of the

 

 

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1public utility's water and wastewater service revenue
2requirements in accordance with this Section.
3    (e) If the Commission approves the rate recovery
4allocation requested as set forth in subsection (b), the water
5service revenue requirement or wastewater service revenue
6requirement may not be increased by more than 2.5% through an
7allocation from the water service revenue requirement or
8wastewater service revenue requirement.
9    (f) A public utility that provides both water and
10wastewater service and that makes an allocation request
11pursuant to subsection (b) shall provide, in addition to and
12as part of the required notice to its customers pursuant to
13Section 9-201 of this Act, a description of the allocation
14request, a statement of the estimated bill impact as a result
15of any allocation approved pursuant to this Section, and any
16other information that the Commission deems necessary.
17    (g) Nothing in this Section shall be deemed to be in
18conflict with nor construed to be in violation of any
19provision of this Act, including, but not limited to, any
20provision of this Article or Article VIII of this Act.
21    (h) The Commission may adopt rules to implement this
22Section.
23    (i) This Section is repealed on December 31, 2026.
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.