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IRWA Legislative Watch

Senate Bills

SB 0246 – METRO WATER RECLAM DIST-PROCUR 

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: Martin A. Sandoval (D – Cicero)
Bill Status
IRWA Position: Support

IRWA Quick Take – A companion bill to HB 0483, IRWA will support this as well

SB0254 – LICENSE-CLOSED LOOP CONTRACTOR

Synopsis As Introduced
 Amends the Illinois Water Well and Pump Installation Contractor's License Act and the Illinois Water Well Construction Code. Requires the Department of Public Health to issue permits for the construction and modification of closed loop well systems. Sets forth the purposes for which water well and closed loop well system construction permit fees shall be used. Provides for the certification and registration of closed loop contractors by the Department. Makes a technical change in the Water Well and Pump Installation Contractor's License Act. Effective immediately. 

Sponsor: Terry Link (D – Lake Bluff)
Bill Status
IRWA Position: Support

IRWA Quick Take – A companion bill to HB3786, IRWA will support this bill as well.

SB 0713 – AMENDS THE PUBLIC UTILITIES ACT 

Synopsis As Introduced
Makes a technical change in a Section concerning water and sewer utilities.

Sponsor: John J. Cullerton (D – Chicago)
Bill Status
IRWA Position: Neutral

IRWA Quick Take – Although no specific language has been proposed, IRWA will track this bill watching for any changes that might affect our members.

SB0716 – AMENDS THE PUBLIC UTILITIES ACT

Synopsis As Introduced
Makes a technical change in a Section concerning authorization of water and sewer surcharges by the Illinois Commerce Commission.

Sponsor: John J. Cullerton (D – Chicago)
Bill Status
IRWA Position: Neutral

IRWA Quick Take – Like SB 0713, IRWA will track this bill watching for any changes that might affect our members.

SB1357 – UTILITIES-ONE CALL SYSTEM 

Synopsis As Introduced
 
Amends the Illinois Underground Utility Facilities Damage Prevention Act. Removes all references to "CATS facilities". Removes "personal representative" from, and adds "employee or agent" to, the definition of "person". Contains provisions concerning a joint meet for certain parties. Contains provisions concerning a no show request initiated by an excavator through the State-Wide One-Call Notice System. Contains provisions concerning the initiation of an incomplete request by an excavator. Defines the terms "residential property owner" and "JULIE Excavator Handbook". Removes community antenna television systems from certain requirements concerning nonemergency excavation or demolition, emergency excavation or demolition, and certain records of notice. Adds certain requirements concerning nonemergency excavation or demolition. Contains provisions concerning requests of drawings of the job site by the owner or operator. Adds language (1) providing that excavation shall cease in the area of the damage when the damaged facility is a threat to life or property or if otherwise required by law and (2) prohibiting the excavator from engaging in specified activities. Provides that every person that fails to provide notice and willfully fails to comply with other provisions of the Act shall be subject to specified penalties. Contains provisions concerning penalties for owners and operators of underground utility facilities. Makes other changes. Effective January 1, 2010.

Sponsor: Dale E. Risinger (R – Peoria)
Bill Status
IRWA Position: Neutral

IRWA Quick Take – A companion bill to HB4252 IRWA will stand neutral at this time.
 

SB1447 – UTILITIES-RAIL RIGHT OF WAY 

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: Mike Jacobs (D – Moline)
Bill Status
IRWA Position: Support

IRWA Quick Take – A companion bill to HB2626, IRWA will support this bill as well.

SB1448 – UTILITIES-RAIL RIGHT OF WAY

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: Mike Jacobs (D – Moline)
Bill Status
IRWA Position: Support

IRWA Quick Take – A companion bill to HB2626, IRWA will support this bill as well.

SB1597 – UTILITIES-TERMINATION-RENTERS

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: Dave Syverson (R – Rockford)
Bill Status
IRWA Position: Neutral

IRWA Quick Take – A companion bill to HB2679, IRWA will stand neutral at this time.

SB2141 – UTILITIES-VILLAGE-WATERWORKS

Synopsis As Introduced
Amends the Illinois Municipal Code. Provides that the Village of Woodridge may not acquire, construct, contract to construct, or maintain a waterworks or sewerage system outside of its corporate boundaries or planned boundaries without the approval by the Illinois Commerce Commission of a certificate of public convenience and necessity. Amends the Public Utilities Act. Provides that the Village of Woodridge shall not begin the construction of, or contract for the construction of, any waterworks or sewerage system outside of its corporate boundaries or planned boundaries unless and until it shall have obtained from the Commission a certificate that public convenience and necessity require such construction. Effective immediately.

Sponsor: Christine Radogno (R – Lemont)
Bill Status
IRWA Position: Oppose

IRWA Quick Take – IRWA believes that if a municipality wishes to extend services beyond their corporate boundaries and those outside said boundaries desire such services then they should be allowed to extend them the services.  IRWA will oppose this bill.

SB2155 – UNUSED MEDICINE DISPOSAL-TECH

Synopsis As Introduced
Creates the Unused Medicine Disposal Act. Contains only a short-title provision. Effective immediately.

Sponsor: Iris Y. Martinez (D – Chicago)
Bill Status
IRWA Position: Neutral

IRWA Quick Take – Until specific language is introduced, IRWA will remain neutral.

SB2184 – WATER USE-HIGH CAPACITY WELLS

Synopsis As Introduced
Amends the Water Use Act of 1983. Provides that a high-capacity well is a well located on a parcel of property where the rate or capacity of water withdrawals of all wells on the property is in excess of 70 gallons per minute or 100,000 gallons during any 24-hour period. Provides that a high-capacity surface water intake is a surface water intake located on a parcel of property where the rate or capacity of water withdrawals is the same as that of a high-capacity well. Requires persons who are interested in developing a high-capacity well to notify the District before constructing the well (now, only when "the withdrawals from the new point can reasonably be expected to" exceed 100,000 gallons on any day). Requires existing and proposed high-capacity wells to register with the District. Provides that the District may recommend that the Department of Agriculture restrict the quantity of water that a person may extract from high-capacity wells (now, under certain circumstances, from other wells). Requires a person or land occupier who is responsible for a high-capacity well, high-capacity intake, or public water supply to participate in the Illinois Water Inventory Program, but exempts high-capacity intakes used for agricultural irrigation and high-capacity wells used for agricultural irrigation from this requirement for 5 years. Effective January 1, 2010.

Sponsor: Susan Garrett (D – Highwood)
Bill Status
IRWA Position: Oppose

IRWA Quick Take – As introduced, this bill would open the door to water restrictions being dictated at the state level.  IRWA feels that if restrictions are to be issued, it should be controlled at a local level.  As in past years, this bill will be opposed by IRWA.

Other Bills of Interest

SB 32 – PLUMBING - RECLAIMED WATER 

Synopsis As Introduced
 Amends the Illinois Plumbing License Law. Provides that, if a unit of local government regulates reclaimed water systems, then those reclaimed water systems must meet specific requirements. Effective immediately.

Sponsor: Susan Garrett (D – Highwood)
Bill Status
IRWA Position: Oppose

 

SB0328 – RESIDENTIAL BUILDING CODE 

Synopsis As Introduced
Amends the Illinois Residential Building Code Act. Defines "International Residential Code" as the 2006 International Residential Code for One and Two Family Dwellings published by the International Code Council, without amendment or appendices (rather than the International Residential Code for One and Two Family Dwellings published by the International Code Council, as now or hereafter amended by the Council). Effective immediately.

Sponsor: William R. Haine (D – Alton)
Bill Status
IRWA Position: Oppose

SB1337 – ANIMALS-FARM ANIMAL CRUELTY

Synopsis As Introduced
Amends the Humane Care for Animals Act. Prohibits a person from tethering or confining any covered animal, on a farm, for all or the majority of any day, in a manner that prevents the animal from (i) lying down, standing up, and fully extending his or her limbs or (ii) turning around freely. Creates exemptions from this requirement for (i) scientific or agricultural research; (ii) examination, testing, individual treatment, or operation for veterinary purposes; (iii) transportation; and (iv) rodeo exhibitions, State or county fair exhibitions, 4-H programs, and similar exhibitions. Provides that any person who violates this requirement is guilty of a Class C misdemeanor and upon conviction must be punished by a fine not to exceed $500, or by imprisonment not to exceed 180 days, or both.

Sponsor: James A. DeLeo (D – Chicago)
Bill Status
IRWA Position: Oppose

 

SB1344 – EPA-MUNICIPAL PENALTIES 

Synopsis As Introduced
Amends the Environmental Protection Act. Provides that a municipality may impose a penalty against any person or organization owning or leasing property that releases a hazardous substance or any other contaminate that the unit of local government finds injures the public health and the safety of the community. Provides that the penalty may not exceed $50,000 for the violation and an additional $10,000 for each day during which the violation continues. Amends the Illinois Municipal Code to make conforming changes. Effective immediately. 

Sponsor: Gary G. Dahl (R – Peru)
Bill Status
IRWA Position: Oppose


SB2121 – EPA-NPDES STORM WATER FEES 

Amends the Environmental Protection Act. Limits the circumstances under which the Environmental Protection Agency must send a fee notice to existing NPDES permittees. Exempts NPDES construction-site storm water permittees who meet certain requirements from paying an annual NPDES construction-site storm water permit fee after payment of an initial annual fee of $500 before January 1, 2010 or $750 on and after January 1, 2010 (now, NPDES construction-site storm water permittees must pay $500 initially and $500 each subsequent year, except if a permit is issued during the months of January through June, then the permittee may be exempt from paying an annual fee during "the 12 months beginning July 1 that immediately follow the period for which the initial annual fee was due"). Under existing law and this Act, the Agency may prorate the initial annual fee in the case of permits issued during the months of January through June. Effective immediately.

Sponsor: Deanna Demuzio (D – Carlinville)
Bill Status

IRWA Position: Neutral