HB2831ham003 97TH GENERAL ASSEMBLY

Rep. Renée Kosel

Filed: 4/12/2011

09700HB2831ham003 LRB097 08938 ASK 54429 a

AMENDMENT TO HOUSE BILL 2831

AMENDMENT NO. ______. Amend House Bill 2831, AS AMENDED, as follows:

in Section 5, in the introductory clause, by replacing "Sections 2-107 and 8-306" with "Sections 2-107, 8-306, and 9-223"; and

in Section 5, immediately below the end of Sec. 8-306, by inserting the following:

"(220 ILCS 5/9-223) (from Ch. 111 2/3, par. 9-223)

Sec. 9-223. Fire protection charge.

(a) The Commission may authorize any public utility engaged in the production, storage, transmission, sale, delivery or furnishing of water to impose a fire protection charge, in addition to any rate authorized by this Act, sufficient to cover a reasonable portion of the cost of providing the capacity, facilities and the water necessary to meet the fire protection needs of any municipality or public fire protection district. Such fire protection charge shall be in the form of a fixed amount per bill and shall be shown separately on the utility bill of each customer of the municipality or fire protection district. Any filing by a public utility to impose such a fire protection charge or to modify a charge shall be made pursuant to Section 9-201 of this Act. Any fire protection charge imposed shall reflect the costs associated with providing fire protection service for each municipality or fire protection district. No such charge shall be imposed directly on any municipality or fire protection district for a reasonable level of fire protection services unless provided for in a separate agreement between the municipality or the fire protection district and the utility.

Additionally, all revenue from cell phone towers operating on water utility property, and all revenue from all other contracts or arrangements for use of water utility property, shall be used to directly offset the fire protection charge in the fire district where the water utility property is located. Any filing by a water utility to change a fire protection charge, a water rate, or a sewer rate shall separately identify all revenues described in this Section, including the total amount of revenue received for use of water utility property in each fire district.

(b) (Blank). By December 31, 2007, the Commission shall conduct at least 3 public forums to evaluate the purpose and use of each fire protection charge imposed under this Section. At least one forum must be held in northern Illinois, at least one forum must be held in central Illinois, and at least one forum must be held in southern Illinois. The Commission must invite a representative from each municipality and fire protection district affected by a fire protection charge under this Section to attend a public forum. The Commission shall report its findings concerning recommendations concerning the purpose and use of each fire protection charge to the General Assembly no later than the last day of the veto session in 2008.

(Source: P.A. 94-950, eff. 6-27-06.)".