Bill Amendment: IL SB3080 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: DCEO-UTILITIES-IDPH-EPA-WATER

Status: 2019-01-09 - Session Sine Die [SB3080 Detail]

Download: Illinois-2017-SB3080-Senate_Amendment_001.html

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Sen. Heather A. Steans

Filed: 4/20/2018

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AMENDMENT TO SENATE BILL 3080
AMENDMENT NO. ______. Amend Senate Bill 3080 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Community Water System Lead Removal Act.
Section 5. Definitions. As used in this Act:
"Community water system" has the meaning provided in 35
Ill. Adm. Code 611.101.
"Department" means the Department of Public Health.
Section 10. Asset management plans; lead service line
removal.
(a) Except as provided in subsection (b), within 2 years of
the effective date of this Act, each community water system in
Illinois shall implement an asset management plan designed to
inspect, maintain, repair, and renew infrastructure consistent

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with the standards adopted by the American Water Works
Association or another industry-wide accepted standard. The
asset management plan shall be submitted to the Department for
approval. The asset management plan shall include a plan to
remove all known lead service lines, both publicly owned and
privately owned. The asset management plan shall include:
(1) an engineering study;
(2) estimated costs;
(3) a financing plan;
(4) a feasibility and affordability plan;
(5) a plan for prioritizing high-risk areas;
(6) a proposed schedule for replacements that includes
annual benchmarks; and
(7) measures to encourage diversity in hiring in the
workforce required to implement the plan, if feasible.
Each community water system may take into account its
circumstances in considering a timeline and strategy to remove
lead services lines, however, the Department may reject an
asset management plan that has an unreasonable timeline. The
Department may consider the number of lead service lines, the
economic condition of the area the community water supply
serves, and any other factors when determining reasonableness.
Each community water system may make its own determination as
to how its lead service line removal plan shall be financed.
The asset management plan, including an updated lead
removal strategy, shall be updated and submitted to the

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Department every 3 years. The update shall include all progress
made since the previous filing period.
The Department shall create a website that permits the
electronic submission of an asset management plan required
under this Section. The lack of a website shall not negate the
requirement for a community water system to submit an asset
management plan.
(b) A community water system may submit a water
distribution system material inventory developed in accordance
with Section 17.11 to meet the asset management plan
requirements of subsection (a).
Section 15. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by adding Section 605-870 as follows:
(20 ILCS 605/605-870 new)
Sec. 605-870. Low-Income Water Assistance Program.
(a) The Department shall by rule establish a comprehensive
low-income water assistance policy and program that
incorporates financial assistance and includes, but is not
limited to, water efficiency or water quality projects, or
other measures to ensure that residents have access to
affordable and clean water. The policy and program shall not
jeopardize the ability of public utilities and other entities
to receive just compensation for providing services. The

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resources applied in achieving the policy and program shall be
coordinated and efficiently used through the integration of
public programs and through the targeting of assistance. The
Department shall use all appropriate and available means to
fund this program and, to the extent possible, identify and use
sources of funding that complement State tax revenues.
(b) Any person who is a resident of the State and whose
household income is not greater than an amount determined
annually by the Department may apply for assistance under this
Section in accordance with rules adopted by the Department. In
setting the annual eligibility level, the Department shall
consider the amount of available funding and may not set a
limit higher than 150% of the poverty guidelines updated
periodically in the Federal Register by the U.S. Department of
Health and Human Services under the authority of 42 U.S.C.
9902(2).
(c) Applicants who qualify for assistance under subsection
(b) shall, subject to appropriation from the General Assembly
and subject to availability of funds to the Department, receive
assistance as provided by this Section. The Department, upon
receipt of moneys authorized under this Section for assistance,
shall commit funds for each qualified applicant in an amount
determined by the Department. In determining the amounts of
assistance to be provided to or on behalf of a qualified
applicant, the Department shall ensure that the highest amounts
of assistance go to households with the greatest water costs in

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relation to household income. The Department shall include
factors such as water costs, household size, household income,
and region of the State when determining individual household
benefits. In adopting rules for the administration of this
Section, the Department shall ensure that a minimum of 1/3 of
funds are available for benefits to eligible households with
the lowest incomes and that elderly households, households with
persons with disabilities, and households with children under 6
years of age are offered a priority application period.
(d) Application materials for the program shall be made
available in multiple languages.
(e) The Department may adopt any rules necessary to
implement the policy and program under this Section.
Section 20. The Public Utilities Act is amended by changing
Section 8-306 as follows:
(220 ILCS 5/8-306)
Sec. 8-306. Special provisions relating to water and sewer
utilities.
(a) No later than 120 days after the effective date of this
amendatory Act of the 94th General Assembly, the Commission
shall prepare, make available to customers upon request, and
post on its Internet web site information concerning the
service obligations of water and sewer utilities and remedies
that a customer may pursue for a violation of the customer's

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rights. The information shall specifically address the rights
of a customer of a water or sewer utility in the following
situations:
(1) The customer's water meter is replaced.
(2) The customer's bill increases by more than 50%
within one billing period.
(3) The customer's water service is terminated.
(4) The customer wishes to complain after receiving a
termination of service notice.
(5) The customer is unable to make payment on a billing
statement.
(6) A rate is filed, including without limitation a
surcharge or annual reconciliation filing, that will
increase the amount billed to the customer.
(7) The customer is billed for services provided prior
to the date covered by the billing statement.
(8) The customer is due to receive a credit.
Each billing statement issued by a water or sewer utility
shall include an Internet web site address where the customer
can view the information required under this subsection (a) and
a telephone number that the customer may call to request a copy
of the information.
(a-5) Each billing statement issued by a water or sewer
utility shall include:
(1) all fixed charges;
(2) all volumetric charges; and

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(3) the total number of gallons used since the last
billing period.
If a bill is not calculated based upon volumetric use, then
the method for calculating the bill must be described on the
bill.
(b) A water or sewer utility may discontinue service only
after it has mailed or delivered by other means a written
notice of discontinuance substantially in the form of Appendix
A of 83 Ill. Adm. Code 280. The notice must include the
Internet web site address where the customer can view the
information required under subsection (a) and a telephone
number that the customer may call to request a copy of the
information. Any notice required to be delivered or mailed to a
customer prior to discontinuance of service shall be delivered
or mailed separately from any bill. Service shall not be
discontinued until at least 5 days after delivery or 8 days
after the mailing of this notice. Service shall not be
discontinued and shall be restored if discontinued for the
reason which is the subject of a dispute or complaint during
the pendency of informal or formal complaint procedures of the
Illinois Commerce Commission under 83 Ill. Adm. Code 280.160 or
280.170, where the customer has complied with those rules.
Service shall not be discontinued and shall be restored if
discontinued where a customer has established a deferred
payment agreement pursuant to 83 Ill. Adm. Code 280.110 and has
not defaulted on such agreement. Residential customers who are

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indebted to a utility for past due utility service shall have
the opportunity to make arrangements with the utility to retire
the debt by periodic payments, referred to as a deferred
payment agreement, unless this customer has failed to make
payment under such a plan during the past 12 months. The terms
and conditions of a reasonable deferred payment agreement shall
be determined by the utility after consideration of the
following factors, based upon information available from
current utility records or provided by the customer or
applicant:
(1) size of the past due account;
(2) customer or applicant's ability to pay;
(3) customer or applicant's payment history;
(4) reason for the outstanding indebtedness; and
(5) any other relevant factors relating to the
circumstances of the customer or applicant's service.
A residential customer shall pay a maximum of one-fourth of the
amount past due and owing at the time of entering into the
deferred payment agreement, and the water or sewer utility
shall allow a minimum of 2 months from the date of the
agreement and a maximum of 12 months for payment to be made
under a deferred payment agreement. Late payment charges may be
assessed against the amount owing that is the subject of a
deferred payment agreement.
(b-5) A water or sewer utility may not charge more than $50
for reconnecting service.

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(c) A water or sewer utility shall provide notice as
required by subsection (a) of Section 9-201 after the filing of
each information sheet under a purchased water surcharge,
purchased sewage treatment surcharge, or qualifying
infrastructure plant surcharge. The utility also shall post
notice of the filing in accordance with the requirements of 83
Ill. Adm. Code 255. Unless filed as part of a general rate
increase, notice of the filing of a purchased water surcharge
rider, purchased sewage treatment surcharge rider, or
qualifying infrastructure plant surcharge rider also shall be
given in the manner required by this subsection (c) for the
filing of information sheets.
(d) Commission rules pertaining to formal and informal
complaints against public utilities shall apply with full and
equal force to water and sewer utilities and their customers,
including provisions of 83 Ill. Adm. Code 280.170, and the
Commission shall respond to each complaint by providing the
consumer with a copy of the utility's response to the complaint
and a copy of the Commission's review of the complaint and its
findings. The Commission shall also provide the consumer with
all available options for recourse.
(e) Any refund shown on the billing statement of a customer
of a water or sewer utility must be itemized and must state if
the refund is an adjustment or credit.
(f) Water service for building construction purposes. At
the request of any municipality or township within the service

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area of a public utility that provides water service to
customers within the municipality or township, a public utility
must (1) require all water service used for building
construction purposes to be measured by meter and subject to
approved rates and charges for metered water service and (2)
prohibit the unauthorized use of water taken from hydrants or
service lines installed at construction sites.
(g) Water meters.
(1) Periodic testing. Unless otherwise approved by the
Commission, each service water meter shall be periodically
inspected and tested in accordance with the schedule
specified in 83 Ill. Adm. Code 600.340, or more frequently
as the results may warrant, to insure that the meter
accuracy is maintained within the limits set out in 83 Ill.
Adm. Code 600.310.
(2) Meter tests requested by customer.
(A) Each utility furnishing metered water service
shall, without charge, test the accuracy of any meter
upon request by the customer served by such meter,
provided that the meter in question has not been tested
by the utility or by the Commission within 2 years
previous to such request. The customer or his or her
representatives shall have the privilege of witnessing
the test at the option of the customer. A written
report, giving the results of the test, shall be made
to the customer.

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(B) When a meter that has been in service less than
2 years since its last test is found to be accurate
within the limits specified in 83 Ill. Adm. Code
600.310, the customer shall pay a fee to the utility
not to exceed the amounts specified in 83 Ill. Adm.
Code 600.350(b). Fees for testing meters not included
in this Section or so located that the cost will be out
of proportion to the fee specified will be determined
by the Commission upon receipt of a complete
description of the case.
(3) Commission referee tests. Upon written application
to the Commission by any customer, a test will be made of
the customer's meter by a representative of the Commission.
For such a test, a fee as provided for in subsection (g)(2)
shall accompany the application. If the meter is found to
be registering more than 1.5% fast on the average when
tested as prescribed in 83 Ill. Adm. Code 600.310, the
utility shall refund to the customer the amount of the fee.
The utility shall in no way disturb the meter after a
customer has made an application for a referee test until
authority to do so is given by the Commission or the
customer in writing.
(h) Water and sewer utilities; low usage. Each public
utility that provides water and sewer service must establish a
unit sewer rate, subject to review by the Commission, that
applies only to those customers who use less than 1,000 gallons

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of water in any billing period.
(i) Water and sewer utilities; separate meters. Each public
utility that provides water and sewer service must offer
separate rates for water and sewer service to any commercial or
residential customer who uses separate meters to measure each
of those services. In order for the separate rate to apply, a
combination of meters must be used to measure the amount of
water that reaches the sewer system and the amount of water
that does not reach the sewer system.
(j) Each water or sewer public utility must disclose on
each billing statement any amount billed that is for service
provided prior to the date covered by the billing statement.
The disclosure must include the dates for which the prior
service is being billed. Each billing statement that includes
an amount billed for service provided prior to the date covered
by the billing statement must disclose the dates for which that
amount is billed and must include a copy of the document
created under subsection (a) and a statement of current
Commission rules concerning unbilled or misbilled service.
(k) When the customer is due a refund resulting from
payment of an overcharge, the utility shall credit the customer
in the amount of overpayment with interest from the date of
overpayment by the customer. The rate for interest shall be at
the appropriate rate determined by the Commission under 83 Ill.
Adm. Code 280.70.
(l) Water and sewer public utilities; subcontractors. The

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Commission shall adopt rules for water and sewer public
utilities to provide notice to the customers of the proper kind
of identification that a subcontractor must present to the
customer, to prohibit a subcontractor from soliciting or
receiving payment of any kind for any service provided by the
water or sewer public utility or the subcontractor, and to
establish sanctions for violations.
(m) Water and sewer public utilities; unaccounted-for
water. By December 31, 2006, each water public utility shall
file tariffs with the Commission to establish the maximum
percentage of unaccounted-for water that would be considered in
the determination of any rates or surcharges. The rates or
surcharges approved for a water public utility shall not
include charges for unaccounted-for water in excess of this
maximum percentage without well-documented support and
justification for the Commission to consider in any request to
recover charges in excess of the tariffed maximum percentage.
(n) Rate increases; public forums. When any public utility
providing water or sewer service proposes a general rate
increase, in addition to other notice requirements, the water
or sewer public utility must notify its customers of their
right to request a public forum. A customer or group of
customers must make written request to the Commission for a
public forum and must also provide written notification of the
request to the customer's municipal or, for unincorporated
areas, township government. The Commission, at its discretion,

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may schedule the public forum. If it is determined that public
forums are required for multiple municipalities or townships,
the Commission shall schedule these public forums, in locations
within approximately 45 minutes drive time of the
municipalities or townships for which the public forums have
been scheduled. The public utility must provide advance notice
of 30 days for each public forum to the governing bodies of
those units of local government affected by the increase. The
day of each public forum shall be selected so as to encourage
the greatest public participation. Each public forum will begin
at 7:00 p.m. Reports and comments made during or as a result of
each public forum must be made available to the hearing
officials and reviewed when drafting a recommended or tentative
decision, finding or order pursuant to Section 10-111 of this
Act.
(o) Upon request by a water utility, the Commission may
allow a water utility to establish a customer assistance
program that:
(1) uses State or federal infrastructure funds; or
(2) provides financial relief to residential customers
who qualify for income-related assistance.
A customer assistance program established under this
subsection that affects rates and charges for service is not
discriminatory for purposes of this Act or any other law
regulating rates and charges for service. In considering
whether to approve a water utility's proposed customer

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assistance program, the Commission shall determine that a
customer assistance program established under this subsection
is in the public interest.
The Commission shall adopt rules to implement this
subsection. These rules shall require customer assistance
programs under this subsection to coordinate with utility
energy efficiency programs and the Illinois Home
Weatherization Assistance Program for the purpose of informing
eligible customers of additional resources that may help the
customer conserve water.
(p) An entity subject to the federal Safe Drinking Water
Act and the federal Clean Water Act that serves or provides
water or sewer services to a population of more than 2,000 but
less than 1,000,000 shall conduct a cost of service study every
5 years. The study shall include all revenue recovered from
water or sewer bills, and the percentage of the cost of service
used for water or sewer capital investment. The study shall be
submitted to the Environmental Protection Agency and published
on the Agency's website.
(Source: P.A. 94-950, eff. 6-27-06.)
Section 25. The Environmental Protection Act is amended by
changing Section 17.11 as follows:
(415 ILCS 5/17.11)
Sec. 17.11. Lead in drinking water notifications and

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inventories.
(a) The purpose of this Section is to require the owners
and operators of community water systems to (i) create a
comprehensive lead service line inventory; and (ii) provide
notice to occupants of potentially affected residences of
construction or repair work on water mains, lead service lines,
or water meters.
(b) For the purposes of this Section:
"Community water system" has the meaning provided in 35
Ill. Adm. Code 611.101.
"Potentially affected residence" means any residence
where water service is or may be temporarily interrupted or
shut off by or on behalf of an owner or operator of a
community water system because construction or repair work
is to be performed by or on behalf of the owner or operator
of a community water system on or affecting a water main,
service line, or water meter.
"Small system" has the meaning provided in 35 Ill. Adm.
Code 611.350.
(c) The owner or operator of each community water system in
the State shall develop a water distribution system material
inventory that shall be submitted in written or electronic form
to the Agency on an annual basis commencing on April 15, 2018
and continuing on each April 15 thereafter until the water
distribution system material inventory is completed. In
addition to meeting the requirements for water distribution

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system material inventories that are mandated by the United
States Environmental Protection Agency, each water
distribution system material inventory shall identify:
(1) the total number of service lines within or
connected to the distribution system, including privately
owned service lines;
(2) the number of all known lead service lines within
or connected to the distribution system, including
privately owned lead service lines; and
(3) the number of the lead service lines that were
added to the inventory after the previous year's
submission.
Nothing in this subsection shall be construed to require
that service lines be unearthed.
(d) Beginning on January 1, 2018, when conducting routine
inspections of community water systems as required under this
Act, the Agency may conduct a separate audit to identify
progress that the community water system has made toward
completing the water distribution system material inventories
required under subsection (c) of this Section.
(e) The owner or operator of the community water system
shall provide notice of construction or repair work on a water
main service line, or water meter in accordance with the
following requirements:
(1) At least 14 days prior to beginning planned work to
repair or replace any water mains or lead service lines,

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the owner or operator of a community water system shall
notify, through an individual written notice, each
potentially affected residence of the planned work. In
cases where a community water system must perform
construction or repair work on an emergency basis or where
such work is not scheduled at least 14 days prior to work
taking place, the community water system shall notify each
potentially affected residence as soon as reasonably
possible. When work is to repair or replace a water meter,
the notification shall be provided at the time the work is
initiated.
(2) Such notification shall include, at a minimum:
(A) a warning that the work may result in sediment,
possibly containing lead, in the residence's water
supply; and
(B) information concerning best practices for
preventing the consumption of any lead in drinking
water, including a recommendation to flush water lines
during and after the completion of the repair or
replacement work and to clean faucet aerator screens;
and
(C) information regarding the dangers of lead in
young children.
(3) To the extent that the owner or operator of a
community water system serves a significant proportion of
non-English speaking consumers, the notification must

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contain information in the appropriate languages regarding
the importance of the notice, and it must contain a
telephone number or address where a person served may
contact the owner or operator of the community water system
to obtain a translated copy of the notification or to
request assistance in the appropriate language.
(4) Notwithstanding anything to the contrary set forth
in this Section, to the extent that (a) notification is
required for the entire community served by a community
water system, (b) notification is required for
construction or repairs occurring on an emergency basis, or
(c) the community water system is a small system,
publication notification, through a local media, social
media or other similar means, may be utilized in lieu of an
individual written notification.
(5) If an owner or operator is required to provide an
individual written notification to a residence that is a
multidwelling building, posting a written notification on
the primary entrance way to the building shall be
sufficient.
(6) The notification requirements in this subsection
(e) do not apply to work performed on water mains that are
used to transmit treated water between community water
systems and have no service connections.
(7) The owner or operator of a community water system
may seek a full or partial waiver of the requirements of

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this subsection from the Agency if (i) the community water
system was originally constructed without lead, (ii) the
residential structures were constructed under local
building codes that categorically prohibited lead
construction materials or the owner or operator of a
community water system certifies that any residential
structures requiring notification were constructed without
lead, and (iii) no lead sediment is likely to be present
within the community water system or residential
structures. The owner or operator of a community water
system may seek a time-limited or permanent waiver.
(8) The owner and operator of a community water system
shall not be required to comply with this subsection (e) to
the extent that the corresponding water distribution
system material inventory has been completed that
demonstrates the water distribution system does not
contain any lead.
(f) Each community water system shall make every reasonable
effort to identify all lead service lines in accordance with
this Section within 3 years of the effective date of this
amendatory Act of the 100th General Assembly.
(Source: P.A. 99-922, eff. 1-17-17.)".