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90_HB1573eng
70 ILCS 3715/6 from Ch. 111 2/3, par. 228
Amends the Water Authorities Act by providing that no
regulation or ordinance enacted, or other action taken, by a
Water Authority under this Act shall be applicable to a
public utility subject to the jurisdiction of the Illinois
Commerce Commission unless the Commission, upon petition by
the Water Authority and after a hearing, enters an order
expressly approving the applicability of the regulation,
ordinance, or other action to the public utility. Effective
immediately.
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1 AN ACT to amend the Water Authorities Act by changing
2 Section 6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Water Authorities Act is amended by
6 changing Section 6 as follows:
7 (70 ILCS 3715/6) (from Ch. 111 2/3, par. 228)
8 Sec. 6. Such board of trustees shall have the following
9 powers:
10 1. To make inspections of wells or other withdrawal
11 facilities and to require information and data from the
12 owners or operators thereof concerning the supply, withdrawal
13 and use of water.
14 2. To require the registration with them of all wells or
15 other withdrawal facilities in accordance with such form or
16 forms as they deem advisable.
17 3. To require permits from them for all additional wells
18 or withdrawal facilities or for the deepening, extending or
19 enlarging existing wells or withdrawal facilities.
20 4. To require the plugging of abandoned wells or the
21 repair of any well or withdrawal facility to prevent loss of
22 water or contamination of supply.
23 5. To reasonably regulate the use of water and during
24 any period of actual or threatened shortage to establish
25 limits upon or priorities as to the use of water. In issuing
26 any such regulation, limitation, or priority, such board
27 shall seek to promote the common welfare by considering the
28 public interest, the average amount of present withdrawals,
29 relative benefits or importance of use, economy or efficiency
30 of use and any other reasonable differentiation. Appropriate
31 consideration shall also be given to any user, who has
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1 theretofore reduced the volume of ground water previously
2 consumed by such user or who has taken care of increased
3 requirements by installing and using equipment and facilities
4 permitting the use of surface water by such user.
5 6. To supplement the existing water supply or provide
6 additional water supply by such means as may be practicable
7 or feasible. They may acquire property or property rights
8 either within or without the boundaries of the authority by
9 purchase, lease, condemnation proceedings or otherwise, and
10 they may construct, maintain and operate wells, reservoirs,
11 pumping stations, purification plants, infiltration pits,
12 recharging wells and such other facilities as may be
13 necessary to insure an adequate supply of water for the
14 present and future needs of the authority. They shall have
15 the right to sell water to municipalities or public utilities
16 operating water distribution systems either within or without
17 the authority.
18 7. To levy and collect a general tax on all of the
19 taxable property within the corporate limits of the
20 authority, the aggregate amount of which for one year,
21 exclusive of the amount levied for bonded indebtedness or
22 interest thereon, shall not exceed .08 per cent of the value
23 as equalized or assessed by the Department of Revenue. For
24 the purpose of acquiring necessary property or facilities, to
25 issue general obligation bonds bearing interest at the rate
26 of not to exceed the maximum rate authorized by the Bond
27 Authorization Act, as amended at the time of the making of
28 the contract, and payable over a period of not to exceed 20
29 years, the aggregate principal amount of which at any one
30 time outstanding shall not exceed one-half of 1% of the value
31 as equalized or assessed by the Department of Revenue of all
32 taxable property located within the corporate limits of the
33 authority and to levy and collect a further or additional
34 direct annual tax upon all the taxable property within the
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1 corporate limits of such authority sufficient to meet the
2 principal and interest of such bonds as the same mature.
3 They shall also have authority to issue revenue bonds payable
4 solely out of anticipated revenues.
5 8. To consult with and receive available information
6 concerning their duties and responsibilities from the State
7 Water Survey, the State Geological Survey, the Board of
8 Natural Resources and Conservation, the Water Resources and
9 Flood Control Board and any other board or commission of the
10 State. Before constructing any facility for providing
11 additional water supply, the plans therefor shall be
12 submitted to and approved by the Environmental Protection
13 Agency or its successor and all operations of such facilities
14 shall be conducted in accordance with such rules and
15 regulations as may from time to time be prescribed by the
16 Pollution Control Board.
17 9. To have the right by appropriate action in the
18 circuit court of any county in which such authority, or any
19 part thereof, is located to restrain any violation or
20 threatened violation of any of their orders, rules,
21 regulations or ordinances.
22 10. To provide by ordinance that the violation of any
23 provision of any rule, regulation or ordinance adopted by
24 them shall constitute a misdemeanor subject to a fine by the
25 circuit court of not to exceed $50 for each act of violation
26 and that each day's violation shall constitute a separate
27 offense.
28 With respect to instruments for the payment of money
29 issued under this Section either before, on, or after the
30 effective date of this amendatory Act of 1989, it is and
31 always has been the intention of the General Assembly (i)
32 that the Omnibus Bond Acts are and always have been
33 supplementary grants of power to issue instruments in
34 accordance with the Omnibus Bond Acts, regardless of any
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1 provision of this Act that may appear to be or to have been
2 more restrictive than those Acts, (ii) that the provisions of
3 this Section are not a limitation on the supplementary
4 authority granted by the Omnibus Bond Acts, and (iii) that
5 instruments issued under this Section within the
6 supplementary authority granted by the Omnibus Bond Acts are
7 not invalid because of any provision of this Act that may
8 appear to be or to have been more restrictive than those
9 Acts.
10 Notwithstanding any other provision of this Act, no
11 regulation or ordinance enacted, or other action taken, by a
12 Water Authority under this Act shall be applicable to a
13 public utility subject to the jurisdiction of the Illinois
14 Commerce Commission unless the Commission, upon petition by
15 the Water Authority and after a hearing, enters an order
16 expressly approving the applicability of the regulation,
17 ordinance, or other action to the public utility. A Water
18 Authority petitioning the Illinois Commerce Commission for
19 approval shall, at the time of filing its petition, serve a
20 copy of the petition on the affected public utility. The
21 Illinois Commerce Commission may, upon its own motion or upon
22 petition, enter an order designating any regulation,
23 ordinance, or other action of a Water Authority to be
24 inapplicable to a public utility, regardless of any prior
25 order or orders of the Illinois Commerce Commission approving
26 the applicability of the regulation, ordinance, or other
27 action to the public utility.
28 (Source: P.A. 86-4.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.