Bill Text: IL HB1556 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Creates the Water Rate Protection Act. Creates the Water Rate Protection Board to exercise specified powers and duties, including holding hearings and regulating water rates that a municipal water provider with a population over 500,000 may impose upon units of local government that purchase water from the municipal water provider for delivery to consumers. Contains provisions regarding: appointment of board members and election of board officers; employment of hearing examiners and staff by the board; mailings; prohibited acts; conflicts of interest; records; water rates and rate schedules; judicial review; costs; expenses; construction; liability; and other matters. Limits home rule powers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-02-09 - Referred to Rules Committee [HB1556 Detail]
Download: Illinois-2015-HB1556-Introduced.html
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1 | AN ACT concerning water.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Water | |||||||||||||||||||||||||||
5 | Rate Protection Act.
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6 | Section 5. Purpose. The purpose of this Act is to promote | |||||||||||||||||||||||||||
7 | the health, welfare, and prosperity of Illinois residents by | |||||||||||||||||||||||||||
8 | ensuring that safe and reliable water service is provided to | |||||||||||||||||||||||||||
9 | municipalities at rates that bear a reasonable relationship to | |||||||||||||||||||||||||||
10 | the actual costs incurred in providing and delivering the | |||||||||||||||||||||||||||
11 | water, establishing a quasi-judicial body to regulate certain | |||||||||||||||||||||||||||
12 | water rates that are not subject to regulation by the Illinois | |||||||||||||||||||||||||||
13 | Commerce Commission, and providing education on water rates and | |||||||||||||||||||||||||||
14 | on benefits and methods of water conservation. Such purpose | |||||||||||||||||||||||||||
15 | shall be deemed a statewide interest and not a private or | |||||||||||||||||||||||||||
16 | special concern.
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17 | Section 10. Definitions. As used in this Act: | |||||||||||||||||||||||||||
18 | "Agency" means the Water Rate Protection Board. | |||||||||||||||||||||||||||
19 | "Board" means the board of directors of the agency. | |||||||||||||||||||||||||||
20 | "Director" means a member of the board. | |||||||||||||||||||||||||||
21 | "Municipal water consumer" means any unit of local | |||||||||||||||||||||||||||
22 | government that purchases its water supply from a municipal |
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1 | water provider and thereafter transmits, delivers or furnishes | ||||||
2 | such water to consumers. | ||||||
3 | "Municipal water provider" means a political subdivision | ||||||
4 | or municipal corporation of this State with a population | ||||||
5 | exceeding 500,000 inhabitants that owns, operates, manages, or | ||||||
6 | controls any plant or equipment, or any part of a plant or | ||||||
7 | equipment, within this State, regardless of whether such plant | ||||||
8 | or equipment is operated by a lessee or operating agent, for | ||||||
9 | the production, transmission, delivery, or furnishing of water | ||||||
10 | either directly or indirectly to a municipal water consumer.
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11 | Section 15. Water rate protection board: formation. There | ||||||
12 | is created a public body corporate and politic to be known as | ||||||
13 | the Water Rate Protection Board.
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14 | Section 20. Powers and duties. | ||||||
15 | (1) The agency shall represent and protect the interests of | ||||||
16 | municipal water consumers of this State. All actions by the | ||||||
17 | agency under this Act shall be directed toward such duty; | ||||||
18 | provided that the agency may also give due consideration to the | ||||||
19 | interests of business in the State. | ||||||
20 | (2) The agency shall have all the powers necessary or | ||||||
21 | convenient for the effective representation and protection of | ||||||
22 | the interests of municipal water consumers and to implement | ||||||
23 | this Act, including the following powers in addition to all | ||||||
24 | other powers granted by this Act: |
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1 | (A) To make, amend and repeal bylaws and rules for the | ||||||
2 | regulation of its affairs and the conduct of its business; | ||||||
3 | to adopt an official seal and alter it at its pleasure; to | ||||||
4 | maintain an office; to sue and be sued in its own name, | ||||||
5 | plead and be impleaded; and to make and execute contracts | ||||||
6 | and other instruments necessary or convenient to the | ||||||
7 | exercise of the powers of the agency. | ||||||
8 | (B) To employ such hearing examiners, agents, | ||||||
9 | employees and special advisors as it finds necessary and to | ||||||
10 | fix their compensation. | ||||||
11 | (C) To solicit and accept gifts, loans, or other aid in | ||||||
12 | order to support activities concerning the interests of | ||||||
13 | municipal water consumers. | ||||||
14 | (D) To conduct hearings to determine the | ||||||
15 | appropriateness of water rates charged to municipal water | ||||||
16 | consumers and to otherwise participate in any proceeding | ||||||
17 | which affects the interest of municipal water consumers. | ||||||
18 | (E) To represent the interests of municipal water | ||||||
19 | consumers before the courts, administrative agencies and | ||||||
20 | other public bodies, except that no director, employee or | ||||||
21 | agent of the agency may engage in lobbying without first | ||||||
22 | complying with any applicable statute, administrative rule | ||||||
23 | or other regulation relating to lobbying. | ||||||
24 | (F) To implement solicitation for agency funding. | ||||||
25 | (G) To provide information and advice to municipal | ||||||
26 | water consumers on any matter with respect to water |
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1 | service, including but not limited to information and | ||||||
2 | advice on benefits and methods of water conservation. | ||||||
3 | (H) To promulgate such additional rules, regulations, | ||||||
4 | and procedures as are necessary to carry out the intent of | ||||||
5 | this Act. | ||||||
6 | (3) The powers, duties, rights, and privileges conferred or | ||||||
7 | imposed upon the agency by this Act may not be transferred. | ||||||
8 | (4) The agency shall refrain from interfering with | ||||||
9 | collective bargaining rights of any employees of a municipal | ||||||
10 | water provider.
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11 | Section 25. Board. The agency shall be managed by, and its | ||||||
12 | powers, functions, and duties shall be exercised through, a | ||||||
13 | board to be composed as follows: | ||||||
14 | (1) Appointment and term. | ||||||
15 | (A) The Board shall be composed of 5 directors | ||||||
16 | appointed by the Governor as follows: the Governor | ||||||
17 | shall appoint one director from among the | ||||||
18 | recommendations of the President of the Senate; the | ||||||
19 | Governor shall appoint one director from among the | ||||||
20 | recommendations of the Senate Minority Leader; the | ||||||
21 | Governor shall appoint one director from among the | ||||||
22 | recommendations of the Speaker of the House; the | ||||||
23 | Governor shall appoint one director from among the | ||||||
24 | recommendations of the House Minority Leader; and the | ||||||
25 | Governor shall appoint one director at large. |
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1 | (B) Terms of directors. Directors shall be | ||||||
2 | appointed for 4-year terms. | ||||||
3 | (C) Directors shall serve until their successors | ||||||
4 | are appointed and have qualified. | ||||||
5 | (2) Qualifications. A director shall be a resident of a | ||||||
6 | municipal water consumer. No person who is an employee in | ||||||
7 | any managerial or supervisory capacity, director, officer | ||||||
8 | or agent or who is a member of the immediate family of any | ||||||
9 | such employee, director, officer or agent of any municipal | ||||||
10 | water provider is eligible to be a director. No director | ||||||
11 | may hold any elective position, be a candidate for any | ||||||
12 | elective position, be a State public official or be | ||||||
13 | employed in a governmental position exempt from the | ||||||
14 | Personnel Code. | ||||||
15 | (3) Director, family member employment. No director, | ||||||
16 | or member of his or her immediate family shall, either | ||||||
17 | directly or indirectly, be employed for compensation as a | ||||||
18 | staff member or consultant of the agency. | ||||||
19 | (4) Meetings. The board shall hold regular meetings at | ||||||
20 | least once every 3 months on such dates and at such places | ||||||
21 | as it may determine. Special meetings may be called by the | ||||||
22 | president or by a majority of the directors. Unless | ||||||
23 | otherwise provided in the bylaws, a majority of the board | ||||||
24 | of directors shall constitute a quorum. The act of the | ||||||
25 | majority of the directors, present at a meeting at which a | ||||||
26 | quorum is present, shall be the act of the board of |
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1 | directors unless the act of a greater number is required by | ||||||
2 | this Act or bylaws. Meetings of the board shall be | ||||||
3 | conducted in compliance with the Open Meetings Act. | ||||||
4 | (5) Expenses. A director may not receive any | ||||||
5 | compensation for his or her services but shall be | ||||||
6 | reimbursed for necessary expenses, including travel | ||||||
7 | expenses incurred in the discharge of duties. The board | ||||||
8 | shall establish standard allowances for mileage, room and | ||||||
9 | meals and the purposes for which such allowances may be | ||||||
10 | made and shall determine the reasonableness and necessity | ||||||
11 | for such reimbursements. The board shall include the | ||||||
12 | schedule of such standard allowances in the annual report | ||||||
13 | under Section 30. | ||||||
14 | (6) Bonding. Directors and employees eligible to | ||||||
15 | disburse funds shall be bonded. The costs of such bonds | ||||||
16 | shall be paid by the agency.
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17 | Section 30. Duties of directors. The board shall have the | ||||||
18 | following duties: | ||||||
19 | (1) To establish the policy of the agency regarding | ||||||
20 | appearances before regulatory agencies, legislative bodies | ||||||
21 | and other public authorities, and regarding other | ||||||
22 | activities which the agency has the authority to perform | ||||||
23 | under this Act. | ||||||
24 | (2) To employ an executive director who shall have the | ||||||
25 | following powers and duties, subject at all times to the |
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1 | direction and supervision of the board: | ||||||
2 | (A) To implement the policy established by the | ||||||
3 | board under subsection (1). | ||||||
4 | (B) To employ and discharge employees of the | ||||||
5 | agency. | ||||||
6 | (C) To supervise the offices, facilities and work | ||||||
7 | of the employees of the agency. | ||||||
8 | (D) To have custody of and maintain the books and | ||||||
9 | records of the agency under this Act. | ||||||
10 | (E) To prepare and submit to the board annual and | ||||||
11 | quarterly statements of the financial and substantive | ||||||
12 | operations of the agency, and financial estimates for | ||||||
13 | the future operations of the agency. | ||||||
14 | (F) To attend and participate in meetings of the | ||||||
15 | board, but without a vote. | ||||||
16 | (G) To file annually with the board a current | ||||||
17 | financial statement that includes the information | ||||||
18 | required under Section 35. | ||||||
19 | (H) To exercise such other powers and perform such | ||||||
20 | other duties as the board delegates. | ||||||
21 | (3) To ensure preparation of: | ||||||
22 | (A) Quarterly statements of the financial and | ||||||
23 | substantive operations of the agency. | ||||||
24 | (B) An audit of the agency's books at least once | ||||||
25 | each fiscal year. The audit shall be by a certified | ||||||
26 | public accountant. |
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1 | (C) An annual report of the agency's financial and | ||||||
2 | substantive operations. The agency shall prepare the | ||||||
3 | report at the close of the agency's fiscal year. | ||||||
4 | (4) To carry out all other duties and responsibilities | ||||||
5 | imposed upon the agency and the board under this Act.
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6 | Section 35. Executive director: qualifications; | ||||||
7 | appointment; financial statement. | ||||||
8 | (1) The executive director hired by the board under Section | ||||||
9 | 30 shall have the same qualifications as a director under | ||||||
10 | Section 25, except that the executive director need not be a | ||||||
11 | resident of a municipal water consumer. | ||||||
12 | (2) To hire the executive director under Section 30, the | ||||||
13 | board shall adhere to all applicable State or federal laws | ||||||
14 | prohibiting discrimination in employment. | ||||||
15 | (3) The board shall require all applicants for the position | ||||||
16 | of executive director of the agency to file a financial | ||||||
17 | statement which includes the following information: | ||||||
18 | (A) The occupation, employer and position at place of | ||||||
19 | employment of the applicant and of his or her immediate | ||||||
20 | family members. | ||||||
21 | (B) A list of all corporate directorships or other | ||||||
22 | offices, and of all fiduciary relationships, held in the | ||||||
23 | past 3 years by the applicant and by his or her immediate | ||||||
24 | family members. | ||||||
25 | (C) The name of any creditor to whom the applicant or a |
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1 | member of the applicant's immediate family owes $10,000 or | ||||||
2 | more. | ||||||
3 | (D) The name of any corporation in which the applicant | ||||||
4 | holds a security, the current market value of which is | ||||||
5 | $5,000 or more. | ||||||
6 | (E) An affirmation, subject to penalty of perjury, that | ||||||
7 | the information contained in the statement of financial | ||||||
8 | interests is true and complete. | ||||||
9 | (F) A statement concerning his or her personal | ||||||
10 | background and positions on issues relating to publicly and | ||||||
11 | privately owned utilities or the operations of the agency. | ||||||
12 | The statement shall contain an affirmation, subject to | ||||||
13 | penalty of perjury, that the candidate meets the | ||||||
14 | qualifications prescribed for directors in subsection (2) | ||||||
15 | of Section 25. | ||||||
16 | (4) The board shall require the executive director to file | ||||||
17 | a current financial statement annually.
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18 | Section 40. Hearing examiners. The executive director | ||||||
19 | shall employ hearing examiners to estimate proper rates of | ||||||
20 | service of municipal water providers or to examine other | ||||||
21 | questions coming before the agency, by taking testimony or by | ||||||
22 | independent investigation. Hearing examiners shall take | ||||||
23 | testimony of witnesses, examine accounts, records, books, | ||||||
24 | papers, and physical properties, either by holding hearings or | ||||||
25 | making independent investigations and attend hearings before |
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1 | the agency when so directed, for the purpose of explaining | ||||||
2 | their investigations and the result thereof to the agency and | ||||||
3 | the parties interested; and perform such other duties as the | ||||||
4 | executive director may direct. All hearing examiners shall be | ||||||
5 | licensed to practice law in the State of Illinois and | ||||||
6 | thoroughly familiar with applicable rules of evidence, | ||||||
7 | procedure, and administrative law.
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8 | Section 45. Mailing procedure. | ||||||
9 | (1) As used in this Section: | ||||||
10 | "Enclosure" means a card, leaflet, envelope or combination | ||||||
11 | thereof furnished by the agency under this Section. | ||||||
12 | "Mailing" means any communication by a State agency which | ||||||
13 | is sent through the United States Postal Service to more than | ||||||
14 | 50,000 persons within a 12-month period. | ||||||
15 | "State agency" means any officer, department, board, | ||||||
16 | commission, institution, or entity of the executive or | ||||||
17 | legislative branches of State government. | ||||||
18 | (2) To accomplish its powers and duties under Section 20, | ||||||
19 | the agency, subject to the following limitations, may prepare | ||||||
20 | and furnish to any State agency an enclosure to be included | ||||||
21 | with a mailing by that agency. | ||||||
22 | (A) A State agency furnished with an enclosure shall | ||||||
23 | include the enclosure within the mailing designated by the | ||||||
24 | agency. | ||||||
25 | (B) An enclosure furnished by the agency under this |
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1 | Section shall be provided to the State agency a reasonable | ||||||
2 | period of time in advance of the mailing. | ||||||
3 | (C) An enclosure furnished by the agency under this | ||||||
4 | Section shall be limited to informing the reader of the | ||||||
5 | purpose, nature and activities of the agency as set forth | ||||||
6 | in this Act and informing the reader that it may contribute | ||||||
7 | money to the agency directly. | ||||||
8 | (D) Prior to furnishing an enclosure to the State | ||||||
9 | agency, the board or its designee shall approve of the | ||||||
10 | content of the enclosure, which approval may be granted if | ||||||
11 | the board or its designee determines that the enclosure (i) | ||||||
12 | is not false or misleading and (ii) satisfies the | ||||||
13 | requirements of this Act. | ||||||
14 | (3) The agency shall reimburse each State agency for all | ||||||
15 | reasonable incremental costs incurred by the State agency in | ||||||
16 | complying with this Section above the agency's normal mailing | ||||||
17 | and handling costs, provided that: | ||||||
18 | (A) The State agency shall first furnish the agency | ||||||
19 | with an itemized accounting of such additional cost; and | ||||||
20 | (B) The agency shall not be required to reimburse the | ||||||
21 | State agency for postage costs if the weight of the | ||||||
22 | agency's enclosure does not exceed 0.35 ounce avoirdupois. | ||||||
23 | If the agency's enclosure exceeds that weight, then it | ||||||
24 | shall be required to reimburse the State agency only for | ||||||
25 | postage cost over and above what the agency's postage cost | ||||||
26 | would have been had the enclosure weighed only 0.35 ounce |
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1 | avoirdupois.
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2 | Section 50. Prohibited acts. | ||||||
3 | (1) No person may interfere or threaten to interfere with | ||||||
4 | or cause any interference with water service or with the water | ||||||
5 | service of or penalize any person who contributes to the agency | ||||||
6 | or participates in any of its activities, in retribution for | ||||||
7 | such contribution or participation. | ||||||
8 | (2) No person may act with intent to prevent, interfere | ||||||
9 | with, or hinder the activities permitted under this Act. | ||||||
10 | (3) A person who violates this Section commits a petty | ||||||
11 | offense and may be fined not more than $1,000. Each such | ||||||
12 | violation shall constitute a separate and continuing violation | ||||||
13 | of this Act. A person who knowingly and willfully violates this | ||||||
14 | Section commits a Class B misdemeanor.
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15 | Section 55. Public records. The records of the agency shall | ||||||
16 | be subject to the Freedom of Information Act.
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17 | Section 60. Board officers. | ||||||
18 | (1) Election. The board of directors, at the first regular | ||||||
19 | meeting at which a quorum is present, shall elect by a majority | ||||||
20 | vote of the directors present and voting a president, vice | ||||||
21 | president, secretary, and treasurer. The board may elect such | ||||||
22 | other officers as it deems necessary. | ||||||
23 | (2) Term of office. |
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1 | (A) Board officers shall begin serving immediately | ||||||
2 | upon their election and their term of office shall be 2 | ||||||
3 | years. After his or her term of office has expired, a board | ||||||
4 | officer shall continue to serve until his or her successor | ||||||
5 | is elected and certified. | ||||||
6 | (B) If a board office is vacant, the board shall elect | ||||||
7 | a successor to serve out the term of the office. | ||||||
8 | (3) Powers and duties. Board officers shall exercise powers | ||||||
9 | and perform duties as prescribed by this Act or as delegated to | ||||||
10 | them by the board.
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11 | Section 65. Corrupt practices and conflicts of interest. | ||||||
12 | (1) No person may offer or give anything of monetary value | ||||||
13 | to any director, hearing examiner, employee, or agent of the | ||||||
14 | agency if the offer or gift influences, or is intended to | ||||||
15 | influence, the action or judgment of the director, hearing | ||||||
16 | examiner, employee, or agent of the agency in his or her | ||||||
17 | capacity as director, hearing examiner, employee, or agent of | ||||||
18 | the agency. | ||||||
19 | (2) No director, hearing examiner, employee, or agent of | ||||||
20 | the agency may solicit or accept anything of monetary value | ||||||
21 | from any person if the solicitation or acceptance influences, | ||||||
22 | or is intended to influence, the official action or judgment of | ||||||
23 | the director, hearing examiner, employee, or agent in his or | ||||||
24 | her capacity as director, hearing examiner, employee, or agent | ||||||
25 | of the agency. |
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1 | (3) Any person who knowingly and willfully violates this | ||||||
2 | Section commits a Class B misdemeanor with a maximum fine of | ||||||
3 | $1,000. | ||||||
4 | (4) The Governor shall remove from office any director | ||||||
5 | convicted under this Section.
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6 | Section 70. Rates. All water rates or other charges made by | ||||||
7 | a municipal water provider and demanded from a municipal water | ||||||
8 | consumer shall be reasonably related to the municipal water | ||||||
9 | provider's actual costs in providing and delivering the water. | ||||||
10 | Any water rates that are not reasonably related to the actual | ||||||
11 | costs of providing and delivering the water are hereby | ||||||
12 | prohibited and declared unlawful. All rules and regulations | ||||||
13 | made by a municipal water provider affecting or pertaining to | ||||||
14 | its charges to municipal water consumers shall be just and | ||||||
15 | reasonable.
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16 | Section 75. Rate schedules; posting. | ||||||
17 | (1) Every municipal water provider shall file with the | ||||||
18 | agency and shall print and keep open to public inspection | ||||||
19 | schedules showing all rates and other charges, and | ||||||
20 | classifications, which are in force at the time and applicable | ||||||
21 | to municipal water consumers. Every municipal water provider | ||||||
22 | shall file with and as a part of such schedule and shall state | ||||||
23 | separately all rules, regulations, storage or other charges, | ||||||
24 | privileges, and contracts that in any manner affect the rates |
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1 | charged or to be charged to municipal water consumers. But | ||||||
2 | nothing in this Section shall prevent the agency from approving | ||||||
3 | or fixing rates or other charges or classifications, from time | ||||||
4 | to time, in excess of or less than those shown by said | ||||||
5 | schedules. | ||||||
6 | (2) Subject to such rules and regulations as the agency may | ||||||
7 | prescribe, the schedules referred to in this Section shall be | ||||||
8 | posted or kept on file in the main office of the municipal | ||||||
9 | water provider. Any or all of such schedules kept as aforesaid | ||||||
10 | shall be immediately produced by such municipal water provider | ||||||
11 | for inspection upon the demand of any person. A notice printed | ||||||
12 | in bold type, in size prescribed by the agency, stating that | ||||||
13 | such schedules are on file with the agent and open to | ||||||
14 | inspection by any person, and that the agent will assist any | ||||||
15 | person to determine from such schedules any rates or other | ||||||
16 | charges, classification, rules, or regulations in force, shall | ||||||
17 | be kept posted by the municipal water provider in 2 public and | ||||||
18 | conspicuous places in every such office.
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19 | Section 80. Changes to water rates. | ||||||
20 | (1) Unless the agency otherwise orders, and except as | ||||||
21 | otherwise provided in this Section, no change shall be made by | ||||||
22 | any municipal water provider in any rate or other charge or | ||||||
23 | classification, or in any rule, regulation, practice, or | ||||||
24 | contract relating to or affecting any municipal water consumer, | ||||||
25 | except after 45 days' notice to the agency and to the public as |
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1 | herein provided. Such notice shall be given by filing with the | ||||||
2 | agency and keeping open for public inspection new schedules or | ||||||
3 | supplements stating plainly the change or changes to be made in | ||||||
4 | the schedule or schedules then in force, and the time when the | ||||||
5 | change or changes will go into effect, and by publication in a | ||||||
6 | newspaper of general circulation or such other notice to | ||||||
7 | persons affected by such change as may be prescribed by rule of | ||||||
8 | the agency. In addition to the other notice requirements of | ||||||
9 | this Act, a municipal water provider shall provide notice of | ||||||
10 | such change to all customers potentially affected by including | ||||||
11 | a notice and description of such change, and of agency | ||||||
12 | procedures for intervention, in the first bill sent to each | ||||||
13 | such customer after the filing of the proposed change. The | ||||||
14 | agency, for good cause shown, may allow changes without | ||||||
15 | requiring the 45 days' notice herein provided for, by an order | ||||||
16 | specifying the changes so to be made and the time when they | ||||||
17 | shall take effect and the manner in which they shall be filed | ||||||
18 | and published. | ||||||
19 | (2) Whenever there shall be filed with the agency any | ||||||
20 | schedule stating a change to a rate or other charge, | ||||||
21 | classification, contract, practice, rule, or regulation | ||||||
22 | affecting a municipal water consumer, the agency shall have | ||||||
23 | power, and it is hereby given authority, either upon complaint | ||||||
24 | or upon its own initiative without complaint, at once, and if | ||||||
25 | it so orders, without answer or other formal pleadings by the | ||||||
26 | municipal water provider, but upon reasonable notice, to enter |
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1 | upon a hearing concerning the propriety of such rate or other | ||||||
2 | charge, classification, contract, practice, rule, or | ||||||
3 | regulation, and pending the hearing and decision thereon, such | ||||||
4 | rate or other charge, classification, contract, practice, | ||||||
5 | rule, or regulation shall not go into effect. The period of | ||||||
6 | suspension of such rate or other charge, classification, | ||||||
7 | contract, practice, rule, or regulation shall not extend more | ||||||
8 | than 105 days beyond the time when such rate or other charge, | ||||||
9 | classification, contract, practice, rule, or regulation would | ||||||
10 | otherwise go into effect unless the agency, in its discretion, | ||||||
11 | extends the period of suspension for a further period not | ||||||
12 | exceeding 6 months. | ||||||
13 | (3) All rates or other charges, classifications, | ||||||
14 | contracts, practices, rules, or regulations not so suspended | ||||||
15 | shall, on the expiration of 45 days from the time of filing the | ||||||
16 | same with the agency, or of such lesser time as the agency may | ||||||
17 | grant, go into effect and be the established and effective | ||||||
18 | rates or other charges, classifications, contracts, practices, | ||||||
19 | rules, and regulations, subject to the power of the agency, | ||||||
20 | after a hearing had on its own motion or upon complaint, as | ||||||
21 | herein provided, to alter or modify the same. | ||||||
22 | (4) Within 30 days after such changes have been authorized | ||||||
23 | by the agency, copies of the new or revised schedules shall be | ||||||
24 | posted or filed in accordance with the terms of this Act, in | ||||||
25 | such a manner that all changes shall be plainly indicated. The | ||||||
26 | agency shall incorporate into the period of suspension a review |
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1 | period of 4 business days during which the agency may review | ||||||
2 | and determine whether the new or revised schedules comply with | ||||||
3 | the agency's decision approving a change to the municipal water | ||||||
4 | provider's rates. Such review period shall not extend the | ||||||
5 | suspension period by more than 2 days. Absent notification to | ||||||
6 | the contrary within the 4 business day period, the new or | ||||||
7 | revised schedules shall be deemed approved. | ||||||
8 | (5) If the agency enters upon a hearing concerning the | ||||||
9 | propriety of any proposed rate or other charge, classification, | ||||||
10 | contract, practice, rule, or regulation, the agency shall | ||||||
11 | establish the rates or other charges, classifications, | ||||||
12 | contracts, practices, rules, or regulations proposed, in whole | ||||||
13 | or in part, or others in lieu thereof, which it shall find to | ||||||
14 | be just and reasonable. In such hearing, the burden of proof to | ||||||
15 | establish the justness and reasonableness of the proposed rates | ||||||
16 | or other charges, classifications, contracts, practices, rules | ||||||
17 | or regulations, in whole and in part, shall be upon the | ||||||
18 | municipal water provider. The municipal water provider, the | ||||||
19 | staff of the agency, or any party to a proceeding initiated | ||||||
20 | under this Section who has been granted intervenor status and | ||||||
21 | submitted a post-hearing brief must be given the opportunity to | ||||||
22 | present oral argument, if requested no later than the date for | ||||||
23 | filing exceptions, on the propriety of any proposed rate or | ||||||
24 | other charge, classification, contract, practice, rule, or | ||||||
25 | regulation. No rate or other charge, classification, contract, | ||||||
26 | practice, rule, or regulation shall be found just and |
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1 | reasonable unless it is consistent with this Act. | ||||||
2 | (6) The agency shall have power, upon a hearing, had upon | ||||||
3 | its own motion or upon complaint, to investigate a single rate | ||||||
4 | or other charge, classification, rule, regulation, contract or | ||||||
5 | practice, or any number thereof, or the entire schedule or | ||||||
6 | schedules of rates or other charges, classifications, rules, | ||||||
7 | regulations, contracts and practices, or any thereof of any | ||||||
8 | municipal water provider, and to establish new rates or other | ||||||
9 | charges, classifications, rules, regulations, contracts, or | ||||||
10 | practices or schedule or schedules, in lieu thereof.
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11 | Section 85. Agency determinations. | ||||||
12 | (1) Whenever the agency, after a hearing had upon its own | ||||||
13 | motion or upon complaint, shall find that the rates or other | ||||||
14 | charges, or classifications, or any of them, demanded, | ||||||
15 | observed, charged, or collected by a municipal water provider | ||||||
16 | for water to municipal water consumer, or that the rules, | ||||||
17 | regulations, contracts, or practices or any of them, affecting | ||||||
18 | such rates or other charges, or classifications, are unjust, | ||||||
19 | unreasonable, discriminatory, or preferential, or in any way in | ||||||
20 | violation of any provisions of law, or that such rates or other | ||||||
21 | charges or classifications are insufficient, the agency shall | ||||||
22 | determine the just, reasonable, or sufficient rates or other | ||||||
23 | charges, classifications, rules, regulations, contracts, or | ||||||
24 | practices to be thereafter observed and in force, and shall fix | ||||||
25 | the same by order. |
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1 | (2) When the agency finds, after a hearing, that the | ||||||
2 | municipal water provider has charged a municipal water consumer | ||||||
3 | water rates that are excessive or unjustly discriminatory, the | ||||||
4 | agency may order that the municipal water provider make due | ||||||
5 | reparation to the complainant therefor, with interest at the | ||||||
6 | legal rate from the date of payment of such excessive or | ||||||
7 | unjustly discriminatory amount. | ||||||
8 | (3) If the municipal water provider does not comply with an | ||||||
9 | order of the agency for the payment of money within the time | ||||||
10 | fixed in such order, the complainant, or any person for whose | ||||||
11 | benefit such order was made, may file in a circuit court a | ||||||
12 | complaint setting forth briefly the causes for which the person | ||||||
13 | claims damages and the order of the agency in the premises. | ||||||
14 | Such action shall proceed in all respects like other civil | ||||||
15 | actions for damages, except that on the trial of such action | ||||||
16 | the order of the agency shall be prima facie evidence of the | ||||||
17 | facts therein stated. If the plaintiff shall finally prevail, | ||||||
18 | he or she shall be allowed a reasonable attorney's fee to be | ||||||
19 | taxed and collected as a part of the costs of the action. | ||||||
20 | (4) All complaints for the recovery of damages shall be | ||||||
21 | filed with the agency within 2 years from the time the water | ||||||
22 | supply as to which complaint is made was furnished, and a | ||||||
23 | petition for the enforcement of an order of the agency for the | ||||||
24 | payment of money shall be filed in the proper court within one | ||||||
25 | year from the date of the order, except that if an appeal is | ||||||
26 | taken from the order of the agency, the time from the taking of |
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1 | the appeal until its final adjudication shall be excluded in | ||||||
2 | computing the one year allowed for filing the complaint to | ||||||
3 | enforce such order. | ||||||
4 | (5) The remedy provided in this Section shall be cumulative | ||||||
5 | and in addition to any other remedy or remedies in this Act | ||||||
6 | provided in case of failure of a municipal water provider to | ||||||
7 | obey a rule, regulation, order, or decision of the agency.
| ||||||
8 | Section 90. Uniform application of water rates. No | ||||||
9 | municipal water provider shall charge, demand, collect, or | ||||||
10 | receive a greater or less or different compensation for water | ||||||
11 | furnished or to be furnished to a municipal water consumer, or | ||||||
12 | for any service rendered or to be rendered to a municipal water | ||||||
13 | consumer, than the rates or other charges as specified in its | ||||||
14 | schedules on file and in effect at the time, nor shall any such | ||||||
15 | municipal water provider refund or remit, directly or | ||||||
16 | indirectly, in any manner or by any device, any portion of the | ||||||
17 | rates or other charges so specified, nor extend to any | ||||||
18 | municipal water consumer any form of contract or agreement or | ||||||
19 | any rule or regulation or any facility or privilege except such | ||||||
20 | as are regularly and uniformly extended to all municipal water | ||||||
21 | consumers.
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22 | Section 95. Review by the courts. Any decision of the | ||||||
23 | agency shall be reviewable only under and in accordance with | ||||||
24 | the provisions of the Administrative Review Law, provided that |
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1 | judicial review thereof shall be permitted only after any party | ||||||
2 | claiming to be aggrieved thereby has exhausted his or her | ||||||
3 | administrative remedies as provided by this Act.
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4 | Section 100. Costs. The reasonable costs of any hearing | ||||||
5 | convened by the agency to carry out the purposes of this Act | ||||||
6 | shall be borne by the applicable municipal water provider.
| ||||||
7 | Section 105. Expenses. In addition to funds already | ||||||
8 | appropriated to the Department of Natural Resources, | ||||||
9 | appropriate funds necessary for expenses and liabilities | ||||||
10 | incurred in carrying out the purposes of this Act.
| ||||||
11 | Section 110. Construction. | ||||||
12 | (1) This Act, being necessary for the welfare of the State | ||||||
13 | and its inhabitants, shall be liberally construed to effect its | ||||||
14 | purposes. | ||||||
15 | (2) Nothing in this Act shall be construed to limit the | ||||||
16 | right of any person to initiate, intervene in, or otherwise | ||||||
17 | participate in any regulatory agency proceeding or court | ||||||
18 | action, nor to require any petition or notification to the | ||||||
19 | agency as a condition precedent to the exercise of such right, | ||||||
20 | nor to relieve any regulatory agency or court of any | ||||||
21 | obligation, or to affect its discretion, to permit intervention | ||||||
22 | or participation by any person in any proceeding or action. | ||||||
23 | (3) This Act shall be interpreted consistently with the |
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| |||||||
1 | Department of Natural Resources Act.
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2 | Section 115. Liability of municipal water provider. No | ||||||
3 | municipal water provider shall be liable on any claim based on | ||||||
4 | any action it is required to take to be in compliance with this | ||||||
5 | Act.
| ||||||
6 | Section 120. Home rule preemption. The provisions of this | ||||||
7 | Act are declared to be an exclusive exercise of power by the | ||||||
8 | State of Illinois pursuant to paragraphs (h) or (i) of Section | ||||||
9 | 6 of Article VII of the Illinois Constitution. No home rule | ||||||
10 | unit may impose any requirement or regulation inconsistent with | ||||||
11 | or in addition to the requirements or regulations set forth in | ||||||
12 | this Act.
|