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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1556 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
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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.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | FISCAL NOTE ACT MAY APPLY | HOME RULE NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY
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| | A BILL FOR |
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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.
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| 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.
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| 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.
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| 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.
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| 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.
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