IRWA Legislative Watch
House Bills
Synopsis As Introduced
Amends the Real Estate Disclosure Act. Provides that a seller of residential property to which the Act applies shall have the sewer line from the residential property to the sewer main, or in the caseof a septic system to the septic tank, inspected by a licensed plumber using video camera inspection technology, and that the licensed plumber shall prepare a written, dated report that includes his or her review of the condition of the line. Provides that the seller shall attach the report to the residential real property disclosure report form required under the Act.
Sponsor: Luis Arroyo (D – Chicago)
IRWA Position: Support
IRWA Quick Take – This bill would help new homeowners identify any potential sewer line problems before purchasing a house. This information could also be beneficial to the service provider in identifying
I & I problems. As long as there is no expense to the service provider IRWA will support the bill.
Synopsis As Introduced
Amends the Private Sewage Disposal Licensing Act to prohibit the installation of surface discharging septic systems without a National Pollutant Discharge Elimination System (NPDES) permit issued by the Illinois Environmental Protection Agency. Requires the amendment of the private sewage disposal code to reflect this permit requirement. In the Environmental Protection Act, sets forth a General Assembly finding that compliance with the federal Clean Water Act dictates that the Agency require NPDES permits for surface discharging private sewage disposal systems that discharge into waters of the State. Effective June 30, 2009.
Sponsor:Michael W. Tryon (R – Crystal Lake)
Bill Status
IRWA Position: Neutral
IRWA Quick Take – Although this bill does not directly impact water and wastewater systems at this time, we will watch this bill to ensure that it does not become one that does.
Synopsis As Introduced
Amends the Environmental Protection Act. Provides that the Environmental Protection Agency shall (now, "may") adopt rules to administer the NPDES permit fee program. Provides that the Agency shall, at a minimum, include provisions pertaining to an annual payment schedule and an interest-free quarterly payment schedule. Effective immediately.
Sponsor:Jil Tracy (R – Quincy)
Bill Status
IRWA Position: Support
IRWA Quick Take – If it has to be paid, then permit holders should at least have the option to pay quarterly without penalty. IRWA will support this bill.
Synopsis As Introduced
Amends the Private Sewage Disposal Licensing Act. Provides that all fees collected under the Act must be deposited into the Private Sewage Disposal Program Fund. Amends the State Finance Act. Provides that the Private Sewage Disposal Program Fund is listed among the special funds. Effective immediately.
Sponsor:Michael W. Tryon (R – Crystal Lake)
Bill Status
IRWA Position: Neutral
IRWA Quick Take – Although this bill does not directly impact water and wastewater systems at this time, we will watch this bill to ensure that it does not become one that does.
Synopsis As Introduced
Amends the Build Illinois Bond Act. Provides that certain bonds that may currently be used for loans or grants to units of local government for wastewater facilities may also be used for grants to serve unincorporated areas. Amends the Environmental Protection Act. Provides that the Environmental Protection Agency is authorized to distribute grants to units of local government for financing and construction of wastewater facilities (instead of "municipal wastewater facilities") in both incorporated and unincorporated areas. Effective immediately.
Sponsor: Ed Sullivan Jr. (R – Mundelein)
Bill Status
IRWA Position: Neutral
IRWA Quick Take – This bill will extend funding opportunities to “units of local government” and not restrict it to municipalities only. By doing so, sanitary districts outside of incorporated areas would be eligible for funds reserved for municipalities only in the past. IRWA will take a neutral position at this time.
Synopsis As Introduced
Amends the Metropolitan Water Reclamation District Act. In a Section pertaining to the procurement of materials and supplies during an operating emergency, provides that certain sanitary district officials and employees may purchase without advertisement emergency related supplies and materials where the amount is not in excess of $50,000 (now, $25,000). Effective immediately.
Sponsor: Daniel J. Burke (D – Chicago, IL )
Bill Status:
IRWA Position: Support
IRWA Quick Take – This bill will allow for emergency purchases (up to $50,000) without advertising for bids. In light of the fact emergencies can require the expenditure of great sums of money, IRWA supports this particular bill.
Synopsis As Introduced
Amends the Township Code. Provides that payment for delinquent charges for sewerage service to any premises may be enforced by discontinuing water service, sewerage service, or both to the premises. Provides that a water service provider shall discontinue water service to a premises upon receiving written notice from the township board or the township utility board that payments for sewerage service have become delinquent and shall not resume water service until the delinquency has been removed. Provides that the township board or township utility board may contract with privately owned public utilities for discontinuance of water service to delinquent premises. Provides that the township shall reimburse the water service provider for the costs of discontinuing and reestablishing water service. Effective immediately.
Sponsor:Patrick J Verschoore (D – Rock Island)
Bill Status
IRWA Position:Oppose
IRWA Quick Take – If passed, this bill would extend the same powers to township owned wastewater treatment facilities as those enjoyed by sanitary districts. While it is understandable that those involved in the collection and treatment of wastewater need to be compensated, it is not fair to pass their collection duties off to other utility providers. For this reason IRWA will oppose this legislation.
Synopsis As Introduced
Amends the Environmental Protection Act. Creates the Task Force on Pharmaceuticals and Personal Care Products and Other Emerging Contaminants in Drinking Water. Provides for the appointment of Task Force members by the Director. Provides that the Task Force must initially focus on evaluating pharmaceuticals and personal care products and other emerging contaminants. Specifies certain data that the Task Force must evaluate. Provides that the Task Force must submit its findings, along with recommendations for legislation, to the General Assembly by December 31, 2010. Repeals the Section creating the Task Force on July 1, 2011. Effective immediately.
Sponsor: Paul D. Froehlich (D – Schaumburg)
Bill Status
IRWA Position: Support
IRWA Quick Take – After last year’s attempt to pass legislation to require that all public water supplies test for emerging contaminants a compromise was reached that would form a task force to study the issue and report back any findings. IRWA supports this approach.
Synopsis As Introduced
Amends the Environmental Protection Act. Provides that the cross-connection control rules administered by the Agency, under title 35 of the Illinois Administrative Code, as well as any Cross-connection Control Program ordinances, tariffs, required conditions for service, plans, or other regulatory programs established under that authority shall continue but must be amended, within 180 days after the effective date, to the extent necessary to conform with the requirements of this Act. Requires each unit of local government, including each home rule unit, in which potable water is made available to consumers through a community or non-community public water supply system to adopt an active Cross-connection Control Program consisting of certain elements. Establishes reporting and educational requirements. Requires units of local government, including home rule units, to enforce Cross-connection Control Program violations. Authorizes units of local government, including home rule units, to collect charges for certain violations. Limits the power of home rule units to implement or administer its Cross-connection Control Program in a manner inconsistent with the requirements of this Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
Sponsor: Linda Chapa LaVia (D – Aurora)
Bill Status
IRWA Position: Oppose
IRWA Quick Take – As written this bill would result in additional expenses for all water supplies and amounts to no more than an unfunded mandate. IRWA is in opposition to this proposed legislation.
Synopsis As Introduced
Amends the Public Construction Bond Act. Authorizes a public body to waive or lower the requirement of a surety bond for a public construction contract if the contractor is a small business enterprise. Defines a small business enterprise.
Sponsor: Kenneth Dunkin (D – Chicago)
Bill Status
IRWA Position: Support
IRWA Quick Take – Lower or waiving surety bond requirements should lower the overall costs of a project and IRWA will support this bill.
Synopsis As Introduced
Creates the Crossing of Railroad Right-of-way Act. Applies only to crossings of a railroad right-of-way that is owned by a land management company and not a registered rail carrier. Provides that public utilities that locate their facilities within the railroad right-of-way for a crossing shall pay the land management company a one-time standard crossing fee of $1,500 for each crossing. Provides special circumstances under which the standard crossing fee is not imposed. Provides that, if the parties cannot agree that special circumstances exist, the dispute shall be submitted to non-binding arbitration. Provides procedures for the non-binding arbitration and provides that, if the parties cannot resolve their dispute based on the arbitrator's recommendation within 30 days, either party may, upon the expiration of the 30-day period, give written notice to the other party of the commencement of a binding arbitration proceeding. Effective immediately.
Sponsor: Patrick J Verschoore (D – Rock Island)
Bill Status
IRWA Position: Support
IRWA Quick Take – It’s a start. Railroad crossing rights-of-way have become a huge problem throughout the state. Some carriers are treating these crossings as a revenue stream and attach a myriad of conditions and restrictions. The time has come for some sort of right-of-way standardization for railroad crossings. IRWA is in support of this bill.
Synopsis As Introduced
Amends the Public Utilities Act. Provides that a utility, when establishing service for a customer, must ask for the name and address, in addition to the service address, of the owner of the property. Provides that a customer may refuse to provide the information to the utility; however, the utility must still present the question to the customer. Provides that Within 5 calendar days after a request for termination of service is made, or if service is to be terminated at a customer's service address for any other reason, then the utility must notify the owner of the property in writing (1) of the termination, and (2) whether the owner of the property will be billed for service. Provides that the written notification must be provided to the owner at the service address and any other address that is on record for the owner. Provides that a utility must obtain an actual reading of the utility meter at the service address within 48 hours after the actual termination at the service address. Effective immediately.
Sponsor: Chapin Rose (R – Charleston)
Bill Status
IRWA Position: Neutral
IRWA Quick Take – At this time this bill only affects public utilities and not municipal and/or not-for-profit water companies. For this reason IRWA will take a neutral position.
Synopsis As Introduced
Amends the Illinois Underground Utility Facilities Damage Prevention Act. Provides that after the effective date all new or replaced underground utility lines must be marked with detectable underground warning tape, which is able to be traced by inductive locating. Requires that the marking shall be a minimum of 6 inches and be buried as close to the ground surface as possible, or between 4 and 6 inches deep. Provides that the warning tape shall be American Public Works Association color-coded to match the type of utility line it is protecting.
Sponsor: Mike Fortner (R – West Chicago)
Bill Status
IRWA Position: Oppose
IRWA Quick Take – There are many ways to mark underground facilities and the choice of which to use should be left to the utility. This bill would increase the cost of constructing and maintaining underground utilities, thereby becoming an unfunded mandate. IRWA will oppose this bill.
Synopsis As Introduced
Amends the Public Utilities Act. Provides that a water utility official or his or her designee must notify (i) the local fire officials of any hydrant that it finds necessary to take out of service for water main-related work due to emergency repairs or scheduled maintenance, whenever such maintenance work and hydrant out of service condition is expected to last more than 8 hours or if the main will be unattended at any time during the outage and (ii) the dispatcher or designated fire official of any hydrant reported to be inoperable or expected to operate with a rate of water flow less than a normal rate expected for the hydrant as soon as practical, but in no event more than 2 hours, after receiving the notice from an employee, contractor, police department, or other government official, and, under normal conditions, must have the hydrant restored to service within 48 hours. Provides a fine of $100 per day for failure to make the notification or repairs, which shall be paid to the fire department or fire protection district. Allows for enforcement by the fire department or fire protection district. Effective immediately.
Sponsor: Renée Kosel (R – Mokena)
Bill Status
IRWA Position: Oppose
IRWA Quick Take – As proposed, this bill would put an undue burden on utilities and be considered another unfunded mandate. As in the past, IRWA will oppose this bill.
Synopsis As Introduced
Amends the Prevailing Wage Act. Provides that "construction" includes "construction work on a public utility" and shall, in connection with the construction of any public utility in the State, mean construction, reconstruction, installation, demolition, restoration, and alteration of facilities of the public utility. Provides that "construction work on a public utility" shall not be construed to include operational work, including flaggers, snow plowing, vegetation management in and around utility rights of way, mark outs, janitorial services, landscaping, leak surveyors, meter work, and miscellaneous repairs.
Sponsor: John E. Bradley (D – Marion)
Bill Status
IRWA Position: Neutral
IRWA Quick Take – As proposed, this bill would put not have an affect on our members, but, if amended, IRWA would reconsider its neutral position.
Synopsis As Introduced
Amends the Illinois Water Well Construction Code. Provides that beginning January 1, 2010, the Department of Public Health shall issue permits for the construction and modification of closed loop well systems. Provides for the certification and registration of closed loop contractors by the Department. Amends the Water Well and Pump Installation Contractor's License Act to make a technical and a related change. Effective immediately.
Sponsor: Michael W. Tryon (R – Crystal Lake)
Bill Status
IRWA Position: Support
IRWA Quick Take – This bill would help protect groundwater sources from potential contamination through improperly constructed closed loop systems. This bill passed both houses last year but did not reach the Governor’s desk. IRWA will support this legislation once again this year.
Synopsis As Introduced
Creates the Crossing of Railroad Right-of-way Act. Provides that the Illinois Commerce Commission, in consultation with the Department of Transportation, shall adopt rules prescribing the terms and conditions for a crossing and that the rules shall provide that any crossing be consistent with the public convenience and necessity and reasonable service to the public. Provides that public utilities that locate their facilities within the railroad right-of-way for a crossing shall pay the railroad a one-time standard crossing fee of $1,500 for each crossing. Provides special circumstances under which the standard crossing fee is not imposed. Provides that, if the parties cannot agree that special circumstances exist, the dispute shall be submitted to non-binding arbitration. Provides procedures for the non-binding arbitration and provides that, if the parties cannot resolve their dispute based on the arbitrator's recommendation within 30 days, either party may, upon the expiration of the 30-day period, give written notice to the other party of the commencement of a binding arbitration proceeding. Effective immediately.
Sponsor: Julie Hamos (D – Evanston)
Bill Status
IRWA Position: Support
IRWA Quick Take – This bill, similar to HB2626, would alleviate a problem throughout the state that has been created when some carriers treat these crossings as a revenue stream and attach a myriad of conditions and restrictions. The time has come for some sort of right-of-way standardization for railroad crossings. IRWA is in support of this bill.
Synopsis As Introduced
Amends the Illinois Underground Utility Facilities Damage Prevention Act. Provides that "underground utility facilities" or "facilities" means and includes wires, the internal electric grid of a wind generation farm facility, ducts, fiber optic cable, conduits, pipes, sewers, and cables and their connected appurtenances installed beneath the surface of the ground by: (1) a public utility as defined in the Public Utilities Act; (2) a municipally owned or mutually owned utility providing a similar utility service; (3) a pipeline entity transporting gases, crude oil, petroleum products, or other hydrocarbon materials within the State; (4) a telecommunications carrier as defined in the Universal Telephone Service Protection Law of 1985, or by a company described in Section 1 of the Telephone Company Act; (5) a community antenna television system, as defined in the Illinois Municipal Code; and (6) any other entity owning or operating underground facilities that transport generated electrical power to other utility owners or operators. Provides that "underground utility facilities" or "facilities" does not mean underground utility facilities operated by an electric cooperative as defined in the Public Utilities Act. Effective immediately.
Sponsor: Brandon W. Phelps (D – Harrisburg)
Bill Status
IRWA Position: Neutral
IRWA Quick Take – As proposed, this bill is “cleaning up” language in the original act and does not make any substantive changes. IRWA will take a neutral position at this time.
Other Bills of Interest
Synopsis As Introduced
Amends the Lobbyist Registration Act. Makes the annual registration fee $150 for any entity qualified under Internal Revenue Code Section 501(c) (now, $150 for entities qualified under Section 501(c)(3) and $350 for entities qualified under any other provision of Section 501(c)). Effective July 1, 2009.
Bill Status
IRWA Position: Support
Synopsis As Introduced
Amends the Lobbyist Registration Act. Provides that a person required to register under the Act is ineligible to hold an elective State or local office. Provides that the holder of an elective State or local office may not engage in activities that would require registration under the Act.
Sponsor: Rep. Fred Crespo (D – Streamwood)
Bill Status
IRWA Position: Oppose
Synopsis As Introduced
Creates the Identity Protection Act. Prohibits a State or local government agency from using an individual's social security number in certain ways, subject to various exceptions. Requires each State or local government agency to develop and implement an identity protection policy. Provides that any employee of a State or local government agency who intentionally violates the provisions of the Act is guilty of a Class B misdemeanor. Preempts the concurrent exercise of home rule powers. Imposes conditions on any rulemaking authority. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.
Sponsor: Rep. Sandra M. Pihos (R – Glen Ellyn)
Bill Status
IRWA Position: Neutral
Synopsis As Introduced
Amends the Capital Development Board Act. Requires local governments without building codes to adopt building codes based on specified model codes. Requires that persons performing building inspection services under the Act must be qualified by the State, certified by a certification organization, or have filed verification of inspection experience with the Board. Permits a local government to out-source building inspection. Defines a local government as a municipality, county, or fire protection district. Exempts municipalities over 500,000 population, and applies beginning July 1, 2011, except that a local government must provide notice to the Board of its adopted building code within 60 days after the bill's effective date.
Sponsor: Rep. Patrick J Verschoore (D – Aurora)
Bill Status
IRWA Position: Oppose
Synopsis As Introduced
Amends the Illinois Plumbing License Law. Prohibits the use of any water-powered sump pump, as defined by the Department, in the State.
Sponsor: Kathleen A. Ryg (D – Vernon Hills)
Bill Status
IRWA Position: Neutral
Illinois Rural Water Association




