Bill Text: IL SB1532 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the Reduction of Lead Service Lines Act. Requires community water supplies to identify and replace all lead service lines that connect to a water main. Provides that every community water supply in Illinois that has known lead service lines shall create a plan, to be submitted to the Environmental Protection Agency for approval, to replace all lead service lines and galvanized service lines if the service line is or was connected to lead piping. Provides that, within legal bounds, a community water supply shall have the authority to access private property and private residences for the sole purpose of identifying or replacing lead service lines or galvanized service lines. Provides that no person shall replace a portion of a lead service line without replacing the entirety of the line at the same time, except in cases of emergency repair. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Requires the Department of Commerce and Economic Opportunity to establish a comprehensive low-income water assistance policy and program. Amends the Public Utilities Act. Removes references to unaccounted-for water and replaces them with references to nonrevenue water. Provides that the Illinois Commerce Commission may allow or direct a water utility to establish a customer assistance program. Provides that certain entities that serve or provide water or sewer services shall prepare a summary of the cost of service for a given calendar year. Effective immediately.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1532 Detail]

Download: Illinois-2019-SB1532-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1532 Introduced 2/15/2019, by Sen. Heather A. Steans SYNOPSIS AS INTRODUCED:
New Act
20 ILCS 605/605-870 new
220 ILCS 5/8-306
415 ILCS 5/17.11 rep.
Creates the Reduction of Lead Service Lines Act. Requires community water supplies to identify and replace all lead service lines that connect to a water main. Provides that every community water supply in Illinois that has known lead service lines shall create a plan, to be submitted to the Environmental Protection Agency for approval, to replace all lead service lines and galvanized service lines if the service line is or was connected to lead piping. Provides that, within legal bounds, a community water supply shall have the authority to access private property and private residences for the sole purpose of identifying or replacing lead service lines or galvanized service lines. Provides that no person shall replace a portion of a lead service line without replacing the entirety of the line at the same time, except in cases of emergency repair. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Requires the Department of Commerce and Economic Opportunity to establish a comprehensive low-income water assistance policy and program. Amends the Public Utilities Act. Removes references to unaccounted-for water and replaces them with references to nonrevenue water. Provides that the Illinois Commerce Commission may allow or direct a water utility to establish a customer assistance program. Provides that certain entities that serve or provide water or sewer services shall prepare a summary of the cost of service for a given calendar year. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Reduction of Lead Service Lines Act.
Section 5. Purpose. The purpose of this Act is to require
the owners and operators of community water supplies to: (1)
create a comprehensive lead service line inventory; (2) provide
notice to occupants of potentially affected residences and
buildings of construction or repair work on water mains, lead
service lines, or water meters; (3) prohibit partial lead
service line replacements; and (4) create a lead service line
replacement program.
Section 10. Definitions. In this Act:
"Agency" means the Environmental Protection Agency.
"Community water supply" means a public water supply that
serves at least 15 service connections used by year-round
residents or regularly serves at least 25 year-round residents
"Department" means the Department of Public Health.
"Emergency repair" means water distribution work that
includes unscheduled water main, water service, water valve, or
fire hydrant repair or replacement that results from premature

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failure or accident.
"Lead service line" means a service line that is made of
lead, or any lead pigtail, lead gooseneck, or other lead
fitting that is connected to a service line, or both.
"Non-community water supply" means a public water supply
that is not a community water supply.
"Potentially affected residence" means a residence where
water service is supplied through a pipe containing lead or
suspected to be made of lead.
"Service line" means the pipe from the discharge of the
utility fitting to customer site piping or to the building
plumbing at the first shut-off valve inside the building or 18
inches inside the building, whichever is shorter.
"Small system" means a water system that regularly serves
water to 3,300 or fewer persons.
Section 15. Water service line material inventory.
(a) The owner or operator of each community water supply
shall develop an initial water service line material inventory
that shall be submitted to the Agency for approval, in an
electronic form selected by the Agency, by April 15, 2020. The
owner or operator shall annually update and submit its
inventory to the Agency by April 15 of each year thereafter.
Each water service line material inventory shall identify:
(1) The total number of service lines within or
connected to the distribution system.

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(2) The materials of construction, including, but not
limited to, lead, of each water service line connected to
the distribution system. The owner or operator of the
community water supply shall develop the inventory by
identifying on both the customer's and the community water
supply's side of the curb box the type of construction
material used.
(3) The number of the lead service lines that were
added and removed from the inventory after the previous
year's submission.
(b) The owner or operator of each community water supply
shall maintain records of owners or residents that refuse to
grant access to the interior of the building for purposes of
identifying the service line material. If the owner or resident
refuses to allow access to his or her residence or property for
the purposes of cooperating with the inventory, the community
water supply shall request that the owner or resident sign a
waiver. The waiver shall be developed by the Department. If the
owner or resident refuses to sign the waiver, the record shall
include the dates and manner of each request and the name of
the person who made the request.
(c) The owner or operator of each community water supply
shall, upon finding the presence of a lead service line, notify
the owner and resident of the building within 24 hours, or as
soon as is reasonably possible.
(d) No later than January 1, 2021, the Agency shall by rule

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determine a reasonable deadline for submitting each community
water supply's complete water service line material inventory
required under subsection (a), not to exceed 5 years from
January 1, 2020, unless the Agency determines that additional
time is needed for one or more community water supply's
inventory due to the technical feasibility of identifying lines
within a system.
(e) Nothing in this Section shall be construed to require
that service lines be unearthed.
(f) Beginning on January 1, 2020, when conducting routine
inspections of community water supplies, the Agency may conduct
a separate audit to identify progress that the community water
supply has made toward completing the water service line
material inventory required under subsection (a).
Section 20. Construction notifications.
(a) Within 13 days before beginning planned work to repair
or replace any water mains with lead or partial lead service
lines attached to them or lead service lines themselves, the
owner or operator of a community water supply shall notify each
potentially affected residence of the planned work through an
individual written notice. In cases where a community water
supply must perform construction or repair work on an emergency
basis or where the work is scheduled within 14 days of the work
taking place, the community water supply shall notify each
potentially affected residence as soon as is reasonably

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possible. When work is to repair or replace a water meter, the
notification shall be provided at the time the work is
initiated.
(b) A notification under subsection (a) shall include, at a
minimum, the following:
(1) a warning that the work may result in sediment,
possibly containing lead from the service line, in the
residence's water;
(2) information concerning the best practices for
preventing exposure to or risk of 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
(3) information regarding the dangers of lead in young
children and pregnant women.
(c) To the extent that the owner or operator of a community
water supply serves a significant proportion of non-English
speaking consumers, a notification under subsection (a) must
contain information in the appropriate languages regarding the
importance of the notice, and it must contain a telephone
number or address where a person who is served may contact the
owner or operator of the community water supply to obtain a
translated copy of the notification or to request assistance in
the appropriate language.
(d) Notwithstanding anything to the contrary set forth in

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this Section, publication notification through local media,
social media, or other similar means may be used in lieu of an
individual written notification to the extent that: (1)
notification is required for the entire community served by a
community water supply; (2) notification is required for
construction or repairs occurring on an emergency basis; or (3)
the community water supply is a small system.
(e) If an owner or operator of a community water supply is
required to provide an individual written notification to a
residence that is a multidwelling building, then posting a
written notification on the primary entrance way to the
building shall be sufficient.
(f) The notification requirements in this Section do not
apply to work performed on water mains that are used to
transmit treated water between community water supplies and
that have no service connections.
(g) A community water supply is not required to comply with
this Section to the extent that the corresponding water service
line material inventory has been completed and demonstrates
that the community water supply's distribution system does not
include lead service lines.
Section 25. Lead service line replacement program.
(a) Every community water supply in Illinois that has known
lead service lines shall create a plan to replace all lead
service lines and galvanized service lines if the service line

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is or was connected to lead piping. Each community water supply
shall submit its lead service line replacement plan to the
Agency for approval, in an electronic form selected by the
Agency, by April 15, 2021. Each community water supply shall
annually update and submit its plan to the Agency by April 15
of each year thereafter in conjunction with the water service
line material inventory required under Section 15. The Agency
shall make each plan available to the public by maintaining
them on the Agency website.
(b) Each lead service line replacement program plan shall
include the following:
(1) The water service line material inventory
conducted under Section 15.
(2) An analysis of whether the community water supply
has control over lead service lines in its system.
(3) An analysis of costs and financing options for
replacing the system's lead service line that minimizes the
overall cost of system replacement. The analysis shall
include, but is not limited to:
(A) a detailed accounting of costs;
(B) measures to address affordability for
customers or rate payers;
(C) consideration of different scenarios for
structuring payments between the utility and its
customers over time;
(D) an explanation of the rationale for any permit

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fees or other charges to a property owner associated
with lead service lines, and plans for utilization of
revenues derived from those fees or other charges; and
(E) any other relevant factors regarding the
rulemaking required by this Act.
(4) A feasibility and affordability plan that
includes, but is not limited to, information on whether:
(A) the community water supply pays for the portion
of the service lines owned by the community water
supply and the property owner pays for the portion he
or she owns;
(B) the community water supply pays for the entire
replacement and has a low interest loan for property
owners to pay for the replacement over time on their
water bills; or
(C) the community water supply pays for the entire
replacement.
(5) A plan for prioritizing high risk areas.
(6) A proposed schedule for replacements that includes
annual benchmarks, not to fall below 4 percent replacement
of inventoried lines per year.
(7) A proposed deadline for replacing all lead service
lines consistent with the water service line material
inventory required under Section 15.
(c) The Agency shall begin the rulemaking process to
implement the requirements of this Section within 6 months of

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the effective date of this Act and shall adopt rules within one
year after the rulemaking process begins. During the rulemaking
process, the Agency shall consider:
(1) the form for submitting, and process for the
Agency's review of, lead service line replacement plans;
(2) whether a deadline for replacing all lead service
lines for community water supplies subject to this Act is
appropriate considering the utility scale, technical
feasibility of identifying and replacing lines, and impact
to public health of maintaining any lead service lines in
place;
(3) the means by a which a community water supply must
make its lead service line replacement plan, and its
progress towards implementing the plan, available to the
public;
(4) the materials deemed acceptable for lead service
line replacement; and
(5) any factors that a community water supply shall
consider in developing the components of a plan required
under subsection (a).
(d) When a community water supply replaces a water main,
the community water supply must identify and replace all lead
service lines that connect to that water main during
replacement of the water main, unless a customer refuses to
have his or her lead service line replaced. If a customer
refuses to have his or her lead service line replaced, the

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community water supply shall keep a record of that refusal
consistent with subsection (b) of Section 15.
The Agency shall by rule set reasonable fees for community
water systems to submit replacement plans.
(e) In order to provide water that does not become
contaminated with lead from a lead service line or galvanized
service line that is or was connected to lead piping, in
accordance with constitutional limitations, and to the extent
not already provided for by law, a community water supply shall
have the authority to access private property and private
residences for the sole purpose of identifying or replacing
lead service lines or galvanized service lines.
Before a community water supply may access private property
or a private residence for the purpose of replacing a lead
service line or galvanized service line that is or was
connected to lead piping, the community water supply shall
notify the owner of the property and the resident at least one
month before the planned work on the private property or in his
or her private residence. The community water supply must meet
the following requirements for notice under this subsection:
(1) The notice shall be made by the community water
supply at least every 2 weeks prior to the planned work
until the owner and resident have been contacted.
(2) At least one of the notices must be by certified
mail.
(3) The community water supply shall make personal

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contact with the owner or resident about the notice by
visits to the property or residence.
(4) The community water supply shall attempt to tape
flyers with the notice to entrance doors for the property
or residence.
(5) To the extent that the owner or operator of a
community water supply serves a significant proportion of
non-English speaking consumers, a notification under this
Section must contain information in the appropriate
language regarding the importance of the notice and a
telephone number or address where a person who is served
may contact the owner or operator of the community water
supply to obtain a translated copy of the notification or
to request assistance in the appropriate language.
If the owner or resident refuses to allow access to his or
her residence or property for the purposes of cooperating with
the lead service line replacement, the community water supply
shall request that the owner or resident sign a waiver. The
waiver shall be developed by the Department and should be made
available in the owner or resident's language. Should the owner
or resident refuse to sign the waiver, or fail to respond to
the community water supply subsequent to the community water
supply's compliance with the notification requirements set
forth in this subsection, the community water supply shall
notify the Department in writing within 15 working days and
shall notify the Agency as part of the annual report to the

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Agency under subsection (a).
To the extent allowed by law, community water supplies
shall be held harmless for damage to property when installing
water service lines. If dangers are encountered that prevent
the replacement of the lead service line, the community water
supply shall notify the Department within 15 working days of
why the replacement of the lead service could not be
accomplished.
(f) Service lines that are physically disconnected from the
distribution system are exempt from this Section.
Section 30. Prohibitions.
(a) Except as otherwise provided in this Section, no person
shall replace a portion of a lead service line without
replacing the entirety of the line at the same time.
(b) If the owner or operator of a community water supply
does not own the entire service line, then the owner or
operator of the community water supply shall notify the owner
of the service line, or the service line owner's authorized
agent, that the community water supply will replace the portion
of the service line that it owns and the owner's portion of the
service line at the community water supply's expense. The
notification shall follow the procedures required under
subsection (e) of Section 25. If the service line's owner or
authorized agent does not consent, consistent with the
notification and waiver provisions under subsection (e) of

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Section 25, the community water supply shall not replace any
portion of the service line, unless in conjunction with an
emergency repair.
(c) A person may replace a portion of a lead service line
but not the entirety of the line when an emergency repair is
necessary and the community water supply notifies the owner and
resident within 36 hours, informing the owner and resident of
mitigating strategies, such as flushing pipes before use or
supplying filters for drinking and cooking purposes.
In the event of a partial service line replacement due to
an emergency situation, the community water supply must provide
filters and replace the remainder of the lead service line
within 30 days of the emergency repair.
In the event of a partial lead service line replacement
resulting from an emergency repair, the community water supply
shall inform the residents served by the service line that the
community water supply shall, at the community water supply's
expense, arrange to collect a sample from each partially
replaced lead service line that is representative of the water
in the service line for analysis of lead content within 72
hours after the completion of the partial replacement of the
service line. The community water supply shall collect the
sample and report the results of the analysis to the owner and
the resident or residents served by the line within 3 business
days of receiving the results. A mailed notice of the results
postmarked within 3 business days after the community water

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supply receives the results shall satisfy the reporting
requirement.
(d) If an owner of a residence intends to replace the
portion of the lead service line that he or she owns, then the
owner of the residence shall provide the owner or operator of
the community water supply of the replacement plan with notice
at least 45 days before commencing the work. In the case of an
emergency repair, if the notice is not feasible, and if the
owner of the residence notifies the owner or operator of the
community water supply of the replacement of a portion of the
lead service line after the work is done, then the owner or
operator of the community water supply must replace the
remainder of the lead service line within 90 days.
Section 35. Non-community water supplies. The requirements
of this Act do not apply to non-community water supplies.
Section 40. 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 policy and
program.
(a) The Department shall by rule establish a comprehensive
low-income water assistance policy and program that

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incorporates financial assistance and includes, but is not
limited to, water efficiency or water quality projects, such as
lead service line replacement, 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, community water supplies, or other entities to
receive just compensation for providing services. The
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. The rule
shall be finalized within 180 days of the effective date of
this Act, or within 60 days of receiving an appropriation for
the program.
(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 percent 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).

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(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 in 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
relation to household income. The Department may consider
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
one-third of the funds for the program 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 this Section.
Section 45. The Public Utilities Act is amended by changing

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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
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

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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.
(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

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payment agreement pursuant to 83 Ill. Adm. Code 280.110 and has
not defaulted on such agreement. Residential customers who are
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.

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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; nonrevenue
unaccounted-for water. Each By December 31, 2006, each water
public utility shall file tariffs with the Commission to
establish the maximum percentage of nonrevenue 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 nonrevenue
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

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areas, township government. The Commission, at its discretion,
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) The Commission may allow or direct a water utility to
establish a customer assistance program that 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
assistance program, the Commission must determine that a

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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) In this subsection, "cost of service" means the total
annual operation and maintenance expenses and capital-related
costs incurred in meeting the various aspects of providing
water or sanitary sewer service.
Within one year after the effective date of this amendatory
Act of the 101st General Assembly, 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 3,300 shall prepare a summary of its cost of
service for calendar year 2016.
A summary prepared under this subsection shall be submitted
to the Environmental Protection Agency electronically and
shall include any standardized forms, tables, or text specified
by the Director of the Agency. The Agency shall post all such
summaries on the Agency's website for public viewing and in a
timely manner after the Agency receives them. If an entity is
required to submit a cost of service summary or similar

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document to another State agency, the entity may submit its
report to the Agency in the form required by that State agency.
(Source: P.A. 94-950, eff. 6-27-06.)
(415 ILCS 5/17.11 rep.)
Section 50. The Environmental Protection Act is amended by
repealing Section 17.11.