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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. LRB9004663MWpc HB1573 Engrossed LRB9004663MWpc 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 HB1573 Engrossed -2- LRB9004663MWpc 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 HB1573 Engrossed -3- LRB9004663MWpc 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 HB1573 Engrossed -4- LRB9004663MWpc 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.