Synopsis As Introduced Amends the Illinois Municipal Code. Provides that, if any individual or entity, including a public utility, maintains and operates a water or sewer system that (i) is partially or entirely within the boundaries of a municipality or (ii) serves a municipality, then that individual or entity shall not convey, transfer, lease, or otherwise dispose of any interest in the water or sewer system unless the individual or entity offers the municipality a right of first refusal to acquire that interest on the same terms and conditions. Requires the offer to be delivered to the municipal clerk and requires the corporate authorities of the municipality either to accept or reject the offer within 30 days after it is received by the municipal clerk. Amends the Public Utilities Act. Provides that if a public utility charges a flat fee for water service, then the public utility is prohibited from charging any other customer for the use of the same water service. Provides that, if a public utility furnishing water to any customer determines that a meter owned by the public utility has malfunctioned, then the public utility is prohibited from charging the customer during the malfunction unless the customer intentionally caused the malfunction. Provides that, if a public utility furnishing water service measures individual consumption by meter, then the meter must be inspected and certified by an independent inspector approved by the Commission. Requires all existing meters to be inspected and certified within 18 months after the effective date of the amendatory Act and all new meters to be inspected and certified upon installation. Requires the inspector to file with the Commission a report detailing the operation of each inspected meter. Provides that, if a water or sewer public utility files a surcharge to adjust rates and charges to provide for recovery of certain costs, then the Illinois Commerce Commission must not authorize the surcharge in an amount that is greater than the surcharge the utility filed. Prohibits a public utility from filing a surcharge in an amount that is greater than its actual costs. Prohibits a public utility that provides water and sewer service from charging a customer for sewer service in any billing period in which the customer uses less than 100 gallons of water. Requires each public utility that provides water and sewer service to offer separate rates for water and sewer service to any customer who uses separate meters to measure those services. Effective immediately.
Deletes everything after the enacting clause. Amends the Intergovernmental Cooperation Act. Provides that any body corporate and politic may establish a Municipal Joint Action Water Agency. Deletes a requirement that the water supply may only be derived from Lake Michigan, the Mississippi River, the Missouri River, or the Sangamon River Valley Alluvium. Amends the Illinois Municipal Code. Sets forth procedures by which municipalities may acquire water systems by eminent domain. Amends the Code of Civil Procedure. Provides that eminent domain actions to acquire property under certain Divisions of the Illinois Municipal Code, to acquire property for the purposes of a Municipal Joint Action Water Agency under the Intergovernmental Cooperation Act, or to acquire property that is a water system or waterworks pursuant to the home rule powers of a unit of local government need not have prior approval by the Illinois Commerce Commission.
House Floor Amendment No. 2 Provides that, in determining just compensation for a water system or waterworks system in an eminent domain action, the court may (instead of "shall") consider the amount of any land donations, impact fees, or similar payments by parties other than the utility used in the construction of the system or waterworks. Provides that the authorization for a municipality to acquire water systems by eminent domain does not apply to a water system of any public utility with, as of January 1, 2006, 70,000 or fewer meters unless that public utility changes ownership. Makes a technical correction.
State Mandates Fiscal Note (H-AM 3) (Dept. of Commerce & Econ Opportunity)
Creates a local government organization and structure mandate for which reimbursement of the increased costs to units of local government is not required under the State Mandate Act.
Home Rule Note (H-AM 3) (Dept. of Commerce & Econ Opportunity)