Full Text of SB1590 97th General Assembly
SB1590 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1590 Introduced 2/9/2011, by Sen. Antonio Muñoz SYNOPSIS AS INTRODUCED: |
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Amends the Public Utilities Act. Provides that the Illinois Commerce Commission shall authorize a water or sewer utility to file a
surcharge that adjusts rates and charges to provide for recovery of the costs of any increase in the water or sewer utility's gross receipts tax rate set forth in a certain provision of the Act, federal income tax rate, or State income tax rate. Provides that the Commission shall review and, by order, approve or approve as modified the surcharge within 180 days after the date on which it is filed.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | SB1590 | | LRB097 09163 ASK 49298 b |
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| 1 | | AN ACT concerning public utilities.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Utilities Act is amended by adding | 5 | | Section 9-220.2 as follows:
| 6 | | (220 ILCS 5/9-220.2)
| 7 | | Sec. 9-220.2. Water and sewer surcharges authorized.
| 8 | | (a) The Commission may authorize a water or sewer utility | 9 | | to file a
surcharge which adjusts rates and charges to provide | 10 | | for recovery of (i) the
cost of purchased water, (ii) the cost | 11 | | of purchased sewage treatment service,
(iii) other costs which | 12 | | fluctuate for reasons beyond the utility's control or
are | 13 | | difficult to predict, or (iv) costs associated with an | 14 | | investment in
qualifying infrastructure plant, independent of | 15 | | any other matters related to
the utility's revenue requirement. | 16 | | A surcharge approved under this Section can
operate on an | 17 | | historical or a prospective basis.
| 18 | | (a-5) The Commission shall authorize a water or sewer | 19 | | utility to file a
surcharge that adjusts rates and charges to | 20 | | provide for recovery of the costs of any increase in the water | 21 | | or sewer utility's gross receipts tax rate set forth in Section | 22 | | 2-202 of this Act, federal income tax rate, or State income tax | 23 | | rate. |
| | | SB1590 | - 2 - | LRB097 09163 ASK 49298 b |
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| 1 | | (b) For purposes of this Section, "costs associated with an | 2 | | investment in
qualifying infrastructure plant" include a | 3 | | return on the investment in and
depreciation expense related to | 4 | | plant items or facilities (including, but not
limited to, | 5 | | replacement mains, meters, services, and hydrants) which (i) | 6 | | are
not reflected in the rate base used to establish the | 7 | | utility's base rates and
(ii) are non-revenue producing. For | 8 | | purposes
of this Section, a "non-revenue producing facility" is | 9 | | one that is not
constructed or installed for the purpose of | 10 | | serving a new customer.
| 11 | | (c) On a periodic basis, the Commission shall initiate | 12 | | hearings to reconcile
amounts collected under each surcharge | 13 | | authorized pursuant to this Section with
the actual prudently | 14 | | incurred costs recoverable for each annual period during
which | 15 | | the surcharge was in effect. In the case of a surcharge for the | 16 | | recovery of costs under subsection (a-5) of this Section, the | 17 | | Commission shall review and, by order, approve or approve as | 18 | | modified the surcharge within 180 days after the date on which | 19 | | the utility filed under this Section.
| 20 | | (Source: P.A. 91-638, eff. 1-1-00.)
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