Full Text of HB0562 103rd General Assembly
HB0562ham001 103RD GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 3/20/2024 | | 10300HB0562ham001 | | LRB103 04147 CES 70271 a |
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| 1 | | AMENDMENT TO HOUSE BILL 562
| 2 | | AMENDMENT NO. ______. Amend House Bill 562 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Public Utilities Act is amended by | 5 | | changing Section 9-201 as follows: | 6 | | (220 ILCS 5/9-201) (from Ch. 111 2/3, par. 9-201) | 7 | | Sec. 9-201. (a) Unless the Commission otherwise orders, | 8 | | and except as otherwise provided in this Section, no change | 9 | | shall be made by any public utility in any rate or other charge | 10 | | or classification, or in any rule, regulation, practice or | 11 | | contract relating to or affecting any rate or other charge, | 12 | | classification or service, or in any privilege or facility, | 13 | | except after 45 days' notice to the Commission and to the | 14 | | public as herein provided. Such notice shall be given by | 15 | | filing with the Commission and keeping open for public | 16 | | inspection new schedules or supplements stating plainly the |
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| 1 | | change or changes to be made in the schedule or schedules then | 2 | | in force, and the time when the change or changes will go into | 3 | | effect, and by publication in a newspaper of general | 4 | | circulation or such other notice to persons affected by such | 5 | | change as may be prescribed by rule of the Commission. The | 6 | | Commission, for good cause shown, may allow changes without | 7 | | requiring the 45 days' notice herein provided for, by an order | 8 | | specifying the changes so to be made and the time when they | 9 | | shall take effect and the manner in which they shall be filed | 10 | | and published. | 11 | | When any change is proposed in any rate or other charge, or | 12 | | classification, or in any rule, regulation, practice, or | 13 | | contract relating to or affecting any rate or other charge, | 14 | | classification or service, or in any privilege or facility, | 15 | | such proposed change shall be plainly indicated on the new | 16 | | schedule filed with the Commission, by some character to be | 17 | | designated by the Commission, immediately preceding or | 18 | | following the item. | 19 | | When any public utility providing water or sewer service | 20 | | proposes any change in any rate or other charge, or | 21 | | classification, or in any rule, regulation, practice, or | 22 | | contract relating to or affecting any rate or other charge, | 23 | | classification or service, or in any privilege or facility, | 24 | | such utility shall, in addition to the other notice | 25 | | requirements of this Act, provide notice of such change to all | 26 | | customers potentially affected by including a notice and |
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| 1 | | description of such change, and of Commission procedures for | 2 | | intervention, in the first bill sent to each such customer | 3 | | after the filing of the proposed change. | 4 | | For water or sewer utilities with greater than 15,000 | 5 | | total customers, the following notice requirements are | 6 | | applicable, in addition to the other notice requirements of | 7 | | this Act: | 8 | | (1) As a separate bill insert, an initial notice in | 9 | | the first bill sent to all customers potentially affected | 10 | | by the proposed change after the filing of the proposed | 11 | | change shall include: | 12 | | (A) the approximate date when the change or | 13 | | changes shall go into effect assuming the Commission | 14 | | utilizes the 11-month process as described in this | 15 | | Section; | 16 | | (B) a statement indicating that the estimated bill | 17 | | impact may vary based on multiple factors, including, | 18 | | but not limited to, meter size, usage volume, and the | 19 | | fire protection district; | 20 | | (C) the water or sewer utility's customer service | 21 | | number or other number as may be appropriate where an | 22 | | authorized agent of the water or sewer utility can | 23 | | explain how the proposed increase might impact an | 24 | | individual customer's bill; | 25 | | (D) if the proposed change involves a change from | 26 | | a flat to a volumetric rate, an explanation of |
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| 1 | | volumetric rate; | 2 | | (E) a reference to the water or sewer utility's | 3 | | website where customers can find tips on water | 4 | | conservation; and | 5 | | (F) for customers receiving both water and sewer | 6 | | service from a utility and if the customer has an | 7 | | option to install a separate meter for irrigation to | 8 | | mitigate sewer charges, an explanation of the water | 9 | | and sewer utility's and the customer's | 10 | | responsibilities for installation of a separate meter | 11 | | if such a change is approved. | 12 | | (2) A second notice to all customers shall be included | 13 | | on the first bill after the Commission suspends the | 14 | | tariffs initiating the rate case. | 15 | | (3) Final notice of such change shall be sent to all | 16 | | customers potentially affected by the proposed change by | 17 | | including information required under this paragraph (3) | 18 | | with the first bill after the effective date of the rates | 19 | | approved by the Final Order of the Commission in a rate | 20 | | case. The notice shall include the following: | 21 | | (A) the date when the change or changes went into | 22 | | effect; | 23 | | (B) the water or sewer utility's customer service | 24 | | number or other number as may be appropriate where an | 25 | | authorized agent of the water or sewer utility can | 26 | | explain how the proposed increase might impact an |
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| 1 | | individual customer's bill; | 2 | | (C) an explanation that usage shall now be charged | 3 | | at a volumetric rate rather than a flat rate, if | 4 | | applicable; | 5 | | (D) a reference to the water or sewer utility's | 6 | | website where the customer can find tips on water | 7 | | conservation; and | 8 | | (E) for customers receiving both water and sewer | 9 | | service from a utility and if the customer has an | 10 | | option to install a separate meter for irrigation to | 11 | | mitigate sewer charges, an explanation of the water | 12 | | and sewer utility's and the customer's | 13 | | responsibilities for installation of a separate meter | 14 | | if such a change is approved. | 15 | | (b) Whenever there shall be filed with the Commission any | 16 | | schedule stating an individual or joint rate or other charge, | 17 | | classification, contract, practice, rule or regulation, the | 18 | | Commission shall have power, and it is hereby given authority, | 19 | | either upon complaint or upon its own initiative without | 20 | | complaint, at once, and if it so orders, without answer or | 21 | | other formal pleadings by the interested public utility or | 22 | | utilities, but upon reasonable notice, to enter upon a hearing | 23 | | concerning the propriety of such rate or other charge, | 24 | | classification, contract, practice, rule or regulation, and | 25 | | pending the hearing and decision thereon, such rate or other | 26 | | charge, classification, contract, practice, rule or regulation |
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| 1 | | shall not go into effect. The period of suspension of such rate | 2 | | or other charge, classification, contract, practice, rule or | 3 | | regulation shall not extend more than 105 days beyond the time | 4 | | when such rate or other charge, classification, contract, | 5 | | practice, rule or regulation would otherwise go into effect | 6 | | unless the Commission, in its discretion, extends the period | 7 | | of suspension for a further period not exceeding 6 months. | 8 | | All rates or other charges, classifications, contracts, | 9 | | practices, rules or regulations not so suspended shall, on the | 10 | | expiration of 45 days from the time of filing the same with the | 11 | | Commission, or of such lesser time as the Commission may | 12 | | grant, go into effect and be the established and effective | 13 | | rates or other charges, classifications, contracts, practices, | 14 | | rules and regulations, subject to the power of the Commission, | 15 | | after a hearing had on its own motion or upon complaint, as | 16 | | herein provided, to alter or modify the same. | 17 | | Within 30 days after such changes have been authorized by | 18 | | the Commission, copies of the new or revised schedules shall | 19 | | be posted or filed in accordance with the terms of Section | 20 | | 9-103 of this Act, in such a manner that all changes shall be | 21 | | plainly indicated. The Commission shall incorporate into the | 22 | | period of suspension a review period of 4 business days during | 23 | | which the Commission may review and determine whether the new | 24 | | or revised schedules comply with the Commission's decision | 25 | | approving a change to the public utility's rates. Such review | 26 | | period shall not extend the suspension period by more than 2 |
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| 1 | | days. Absent notification to the contrary within the 4 | 2 | | business day period, the new or revised schedules shall be | 3 | | deemed approved. | 4 | | (c) If the Commission enters upon a hearing concerning the | 5 | | propriety of any proposed rate or other charge, | 6 | | classification, contract, practice, rule or regulation, the | 7 | | Commission shall establish the rates or other charges, | 8 | | classifications, contracts, practices, rules or regulations | 9 | | proposed, in whole or in part, or others in lieu thereof, which | 10 | | it shall find to be just and reasonable. In such hearing, the | 11 | | burden of proof to establish the justness and reasonableness | 12 | | of the proposed rates or other charges, classifications, | 13 | | contracts, practices, rules or regulations, in whole and in | 14 | | part, shall be upon the utility. The utility, the staff of the | 15 | | Commission, the Attorney General, or any party to a proceeding | 16 | | initiated under this Section who has been granted intervenor | 17 | | status and submitted a post-hearing brief must be given the | 18 | | opportunity to present oral argument, if requested no later | 19 | | than the date for filing exceptions, on the propriety of any | 20 | | proposed rate or other charge, classification, contract, | 21 | | practice, rule, or regulation. No rate or other charge, | 22 | | classification, contract, practice, rule or regulation shall | 23 | | be found just and reasonable unless it is consistent with | 24 | | Sections of this Article. In considering the justness and | 25 | | reasonableness of a proposed rate or other charge, | 26 | | classification, contract, investment, certificate, practice, |
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| 1 | | rule, or regulation, the Commission shall consider the impact | 2 | | the order has on bargaining unit jobs in Illinois, including | 3 | | utility and contractor bargaining unit jobs. The Commission | 4 | | shall make a bargaining unit job impact finding for any order | 5 | | addressing a proposed rate or other charge, classification, | 6 | | contract, investment, certificate, practice, rule, or | 7 | | regulation if the Commission determines that 50 or more | 8 | | bargaining unit jobs may be negatively affected or at least | 9 | | one party to the proceeding has taken the position that 50 or | 10 | | more bargaining unit jobs may be negatively affected. The | 11 | | bargaining unit job impact finding shall detail the effects of | 12 | | the Commission's order on bargaining unit jobs, including, but | 13 | | not limited to, an assessment of past or future investment | 14 | | levels, investments, utility rates, or rate designs. Within 30 | 15 | | days of the order, the Commission shall submit a report to the | 16 | | General Assembly including its bargaining unit job impact | 17 | | finding and the Commission's justification supporting its | 18 | | conclusion that the order may negatively affect 50 or more | 19 | | bargaining unit jobs. | 20 | | (d) Except where compliance with Section 8-401 of this Act | 21 | | is of urgent and immediate concern, no representative of a | 22 | | public utility may discuss with a commissioner, commissioner's | 23 | | assistant, or administrative law judge in a non-public setting | 24 | | a planned filing for a general rate increase. If a public | 25 | | utility makes a filing under this Section, then no substantive | 26 | | communication by any such person with a commissioner, |
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| 1 | | commissioner's assistant, or administrative law judge | 2 | | concerning the filing is permitted until a notice of hearing | 3 | | has been issued. After the notice of hearing has been issued, | 4 | | the only communications by any such person with a | 5 | | commissioner, commissioner's assistant, or administrative law | 6 | | judge concerning the filing permitted are communications | 7 | | permitted under Section 10-103 of this Act. If any such | 8 | | communication does occur, then within 5 days of the docket | 9 | | being initiated all details relating to the communication | 10 | | shall be placed on the public record of the proceeding. The | 11 | | record shall include any materials, whether written, recorded, | 12 | | filmed, or graphic in nature, produced or reproduced on any | 13 | | media, used in connection with the communication. The record | 14 | | shall reflect the names of all persons who transmitted, | 15 | | received, or were otherwise involved in the communication, the | 16 | | duration of the communication, and whether the communication | 17 | | occurred in person or by other means. In the case of an oral | 18 | | communication, the record shall also reflect the location or | 19 | | locations of all persons involved in the communication and, if | 20 | | the communication occurred by telephone, the telephone numbers | 21 | | for the callers and recipients of the communication. A | 22 | | commissioner, commissioner's assistant, or administrative law | 23 | | judge who is involved in any such communication shall be | 24 | | recused from the affected proceeding. The Commission, or any | 25 | | commissioner or administrative law judge presiding over the | 26 | | proceeding shall, in the event of a violation of this Section, |
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| 1 | | take action necessary to ensure that such violation does not | 2 | | prejudice any party or adversely affect the fairness of the | 3 | | proceedings including dismissing the affected proceeding. | 4 | | Nothing in this subsection (d) is intended to preclude | 5 | | otherwise allowable updates on issues that may be indirectly | 6 | | related to a general rate case filing because cost recovery | 7 | | for the underlying activity may be requested. Such updates may | 8 | | include, without limitation, issues related to outages and | 9 | | restoration, credit ratings, security issuances, reliability, | 10 | | Federal Energy Regulatory Commission matters, Federal | 11 | | Communications Commission matters, regional reliability | 12 | | organizations, consumer education, or labor matters, provided | 13 | | that such updates may not include cost recovery in a planned | 14 | | rate case. | 15 | | (Source: P.A. 100-840, eff. 8-13-18.)". |
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