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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4333
Introduced 12/29/2005, by Rep. Renee Kosel SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/11-124-5 new |
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220 ILCS 5/8-302.5 new |
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220 ILCS 5/8-303.5 new |
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220 ILCS 5/8-303.9 new |
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220 ILCS 5/9-220.2 |
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220 ILCS 5/9-220.5 new |
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220 ILCS 5/9-220.7 new |
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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.
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A BILL FOR
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HB4333 |
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LRB094 16381 MKM 51633 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by adding |
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| Section 11-124-5 as follows: |
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| (65 ILCS 5/11-124-5 new) |
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| Sec. 11-124-5. Right of first refusal for water or sewer |
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| system. If any individual or entity, including a public |
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| utility, maintains and operates a water or sewer system that |
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| (i) is partially or entirely within the boundaries of a |
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| municipality or (ii) serves a municipality, then that |
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| individual or entity shall not convey, transfer, lease, or |
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| otherwise dispose of any interest in the water or sewer system |
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| unless the individual or entity offers the municipality a right |
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| of first refusal to acquire that interest on the same terms and |
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| conditions. The offer must be delivered to the municipal clerk. |
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| The corporate authorities of the municipality must either |
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| accept or reject the offer within 30 days after it is received |
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| by the municipal clerk.
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| Section 10. The Public Utilities Act is amended by adding |
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| Sections 8-302.5, 8-303.5, 8-303.9, 9-220.5, and 9-220.7 and by |
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| changing Section 9-220.2 as follows: |
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| (220 ILCS 5/8-302.5 new) |
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| Sec. 8-302.5. Unmetered water. If a public utility charges |
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| any customer a flat fee for water service, then the public |
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| utility is prohibited from charging any other customer for the |
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| same water service. |
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| (220 ILCS 5/8-303.5 new) |
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| Sec. 8-303.5. Meter malfunction. If a public utility |