Illinois General Assembly - Full Text of SB0060
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Full Text of SB0060  100th General Assembly

SB0060ham001 100TH GENERAL ASSEMBLY

Rep. Tom Demmer

Filed: 5/19/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 60

2    AMENDMENT NO. ______. Amend Senate Bill 60 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Township Code is amended by changing
5Sections 205-140 and 205-145 and by adding Section 205-141 as
6follows:
 
7    (60 ILCS 1/205-140)
8    Sec. 205-140. Initiating proceedings for particular
9locality; rates and charges; lien.
10    (a) This Section applies to townships to which Section
112015-141 does not apply.
12    (a-1) (a) A township board may initiate proceedings under
13Sections 205-130 through 205-150 in the manner provided by
14Section 205-20.
15    (b) The township board may establish the rate or charge to
16each user of the waterworks system or sewerage system, or

 

 

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1combined waterworks and sewerage system, or improvement or
2extension at a rate that will be sufficient to pay the
3principal and interest of any bonds issued to pay the cost of
4the system, improvement, or extension and the maintenance and
5operation of the system, improvement, or extension and may
6provide an adequate depreciation fund for the bonds. Charges or
7rates shall be established, revised, and maintained by
8ordinance and become payable as the township board determines
9by ordinance.
10    (c) The charges or rates are liens upon the real estate
11upon or for which sewerage service is supplied whenever the
12charges or rates become delinquent as provided by the ordinance
13of the board fixing a delinquency date.
14    (d) Notwithstanding any provision of law to the contrary,
15the township shall conduct a cost study regarding the
16connection charge of the township:
17        (1) before the township increases or creates a
18    connection charge;
19        (2) upon the request of the supervisor or a majority of
20    the township board of the township;
21        (3) upon the request of a majority of the mayors or
22    village presidents of the municipalities located within or
23    substantially within the township or township's facility
24    planning area; or
25        (4) upon the filing with the township board of a
26    petition signed by 10% or more of the customers who have

 

 

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1    paid connection charges to the township in the previous 5
2    calendar years.
3    The cost study shall be conducted by an independent entity
4within 6 months of action taken under paragraphs (1), (2), (3),
5or (4) of this subsection (d). For purposes of subsections (d)
6and (e), the term "independent entity" shall mean an
7engineering firm that has not entered into a contract with any
8State agency, unit of local government, or non-governmental
9entity for goods or services within the township or township
10service area in the 24 months prior to being contracted to
11perform the cost study. After performing a cost study under
12this subsection (d), an independent entity may not contract
13with any State agency, unit of local government, or
14non-governmental entity for goods or services within the
15township or township service area in the 24 months after
16completion of the cost study other than to perform further cost
17studies under this subsection (d). A township shall not be
18required to conduct more than one cost study in a 60 month
19period under paragraphs (3) or (4) of this subsection (d). The
20cost study must include, at a minimum, an examination of
21similar water main and sewer connection charges in neighboring
22units of local government or units of local government similar
23in size or population. Following the completion of the cost
24study, no increase or new connection charge may be imposed
25unless the increase or new charge is justified by the cost
26study. If the connection charge the township charged prior to

 

 

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1completion of the cost study is higher than is justified by the
2cost study, the township shall reduce its connection charge to
3the amount justified by the cost study. For purposes of this
4subsection (d), "connection charge" means any charge or fee, by
5whatever name, assessed to recover the cost of connecting the
6customer's water main, sewer, or water main and sewer service
7line to the township's facilities, and includes only the direct
8and indirect costs of physically tying the service line into
9the township's main.
10    (e) If a cost study has been conducted pursuant to
11subsection (d) of this Section and a new cost study is
12requested under paragraph (3) or (4) of subsection (d), the
13township shall obtain a written quote from an independent
14entity detailing the cost of the requested cost study and one
15of the following shall occur prior to a new cost study
16beginning:
17        (1) each township, village, and municipality whose
18    mayor or president requested the cost study under paragraph
19    (3) of subsection (d) shall pay a proportionate share of
20    the entire cost of the cost study as detailed in the
21    written quote required under this subsection (e); or
22        (2) the customers who signed the petition under
23    paragraph (4) of subsection (d) shall pay a pro rata share
24    of the entire cost of the cost study as detailed in written
25    quote required under this subsection (e).
26    Payments required under either paragraph (1) or (2) of this

 

 

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1subsection (e) shall be made to the township clerk, who shall
2forward the same to the independent entity upon receipt of
3entire amount of the written quote for the cost study. If the
4entire amount of the written quote for the cost study has not
5been received within 90 days from the township clerk providing
6public note of the amount of the written quote, then those
7amounts received by the township clerk shall be refunded to the
8persons or entities which paid them.
9(Source: P.A. 99-481, eff. 9-22-15; 99-498, eff. 1-29-16.)
 
10    (60 ILCS 1/205-141 new)
11    Sec. 205-141. Initiating proceedings for particular
12locality; rates and charges; lien; certain townships.
13    (a) This Section applies to any township that (i) has a
14population between 31,500 and 32,000 according to the 2010
15federal decennial census; and (ii) is located within a county
16that has a population between 260,000 and 265,000 according to
17the 2010 federal decennial census.
18    (a-1) A township board may initiate proceedings under
19Sections 205-130 through 205-150 in the manner provided by
20Section 205-20.
21    (b) The township board may establish a fair and reasonable
22rate for each user of the waterworks system or sewerage system,
23or combined waterworks and sewerage system, or improvement or
24extension at a rate that will be sufficient to pay the
25principal and interest of any bonds issued to pay the cost of

 

 

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1the system, improvement, or extension and the maintenance and
2operation of the system, improvement, or extension and may
3provide an adequate depreciation fund for the bonds. Rates
4shall be established, revised, and maintained by ordinance and
5become payable as the township board determines by ordinance.
6    (b-5) The township board may establish a fair and
7reasonable connection charge for each new user added to the
8township's waterworks system or sewerage system.
9    (c) The charges or rates are liens upon the real estate
10upon or for which sewerage service is supplied whenever the
11charges or rates become delinquent as provided by the ordinance
12of the board fixing a delinquency date.
13    (d) Notwithstanding any provision of law to the contrary, a
14cost study shall be conducted regarding the connection charge
15of the township:
16        (1) before the township increases or creates a
17    connection charge;
18        (2) upon the request of the supervisor or a majority of
19    the township board of the township;
20        (3) upon the request of a majority of the mayors or
21    village presidents of the municipalities located within or
22    substantially within the township or township's facility
23    planning area; or
24        (4) upon the filing with the township board of a
25    petition signed by 10% or more of the customers who have
26    paid connection charges to the township in the previous 5

 

 

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1    calendar years.
2The cost study shall be conducted by an independent entity
3within 6 months of action taken under paragraphs (1), (2), (3),
4or (4) of this subsection (d). If a cost study is requested
5under paragraphs (1) or (2) of this subsection, then the
6township shall order and pay for the cost study. If a cost
7study is requested under paragraphs (3) or (4) of this
8subsection, then the municipalities whose mayors or presidents
9requested the cost study under paragraph (3), or the customers
10who filed a petition under paragraph (4), shall choose the
11independent entity to conduct the cost study, order the cost
12study, and pay for the cost study. After performing a cost
13study under this subsection (d), an independent entity may not
14contract with any State agency, unit of local government, or
15non-governmental entity for goods or services within the
16township or township service area in the 24 months after
17completion of the cost study other than to perform further cost
18studies under this subsection (d). A township shall not be
19required to conduct more than one cost study in a 60 month
20period under paragraphs (3) or (4) of this subsection (d). The
21cost study must include, at a minimum, an examination of
22residential and commercial connection charges for the
23waterworks system or sewerage system, whichever applies, in at
24least 30 units of local government in Illinois with a similar
25number of customers as are connected to the township's
26waterworks system and sewerage system. Following the

 

 

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1completion of the cost study, no increase or new connection
2charge may be imposed unless the increase or new charge is
3justified by the cost study. If the connection charge the
4township charged prior to completion of the cost study is
5higher than is justified by the cost study, the township shall
6reduce its connection charge to the amount justified by the
7cost study.
8    (e) For purposes of this Section:
9    "Connection charge" means any nominal charge or fee, by
10whatever name, assessed to recover the cost of connecting the
11customer's water main, sewer, or water main and sewer service
12line to the township's facilities, and includes only the direct
13and indirect costs of physically tying the service line into
14the township's main line in the adjoining utility easement.
15    "Independent entity" means an engineering firm that has not
16entered into a contract with any State agency, unit of local
17government, or non-governmental entity for goods or services
18within the township or township service area in the 24 months
19prior to being contracted to perform the cost study.
 
20    (60 ILCS 1/205-145)
21    Sec. 205-145. Special fund. All revenue derived from the
22operation of a waterworks system or sewerage system, or
23combined waterworks and sewerage system, constructed,
24acquired, extended, or improved to serve a particular locality
25shall be set aside as collected and shall be deposited in a

 

 

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1special fund of the township. That fund shall be used only (i)
2to pay the cost of operating and maintaining the waterworks
3system or sewerage system, or combined waterworks and sewerage
4system, constructed, acquired, extended, or improved to serve a
5particular locality, (ii) to provide an adequate depreciation
6fund, and (iii) to pay the principal and interest on the bonds
7issued by the township under Sections 205-130 through 205-141
8205-140 for the purpose of constructing, acquiring, extending,
9or improving the system.
10(Source: P.A. 76-1360; 88-62.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".