IRWA LEGISLATIVE WATCH

The IRWA is currently monitoring the following pieces of legislation.  If you need additional information on these issues, contacting legislators, IRWA’s position on legislation or anything else relevant to IRWA legislative activities, please contact Frank Dunmire at dunmire@ilrwa.org  or by phone at 217-287-2115.

Who's your rep?

Updated 4/07/08

HB0339
Synopsis As Introduced
Amends the Public Water District Act. Provides that the trustees of a public water district with an annual operating budget of $900,000 or more (now, $1,000,000 or more) shall be paid a sum not to exceed $1,000 per year. Effective immediately.

IRWA Quick Take – If passed, this bill will allow some water districts to offer a salary of up to $1000.00 to their trustees.  In light of the fact that good, qualified individuals are difficult to seat on these Boards, any reasonable incentive would be welcomed.
 

HB0840
Synopsis As Introduced
Amends the Water Commission Act of 1985. Provides that the territory of a water commission shall not include territory within a municipality that constructs and operates its own water system.

GOVERNOR VETOED

IRWA Quick Take – Although this bill does clarify language in the Water Commission Act of 1985 by exempting out territory within a municipality that constructs and operates its own water system, it does little to address the territorial issues that arise when a municipality expands (or annexes) into a commission’s district.
 

HB0927
Synopsis As Introduced
Amends the Illinois Municipal Code. Provides that the corporate authorities of any municipality that owns and operates a sewerage system may enforce payment of delinquent charges for its sewerage service by discontinuing water or sewerage service or both to the premises (now, the provision does not apply in counties with a population of more than 250,000 where the majority of the sewerage system's users are located outside of the municipality's corporate limits). Effective immediately.

IRWA Quick Take – If passed, this bill will allow for municipalities located in counties with a population greater than 250,000, in an effort to collect delinquent user fees, to suspend water and/or sewerage service to the premises – including those located outside the corporate boundaries of the municipality.

HB1298
Synopsis As Introduced
Amends the Prevailing Wage Act. Provides that "public works" includes any construction, demolition, remediation, or renovation that requires a permit issued by the Illinois Environmental Protection Agency with an aggregate amount of work in excess of $250,000. Effective immediately.

IRWA Quick Take – In light of the fact that almost all water and/or wastewater projects are currently required to pay the prevailing wage this bill, if passed will not really have an affect on our members.
 

HB1563
Synopsis As Introduced

Amends the Public Utilities Act. Provides that the Illinois Commerce Commission shall require that every public utility shall take an actual reading of a customer's service usage during each billing period, and that no utility may estimate a customer's service usage unless the customer has knowingly and willfully denied reasonable access to the utility's representative for the purpose of taking an actual meter reading. Effective immediately.

IRWA Quick Take – This bill has been amended a number of times and has little substantive language left.  If it appears that any amendments are forthcoming that would change the language to include governmental entities and not-for-profit companies we would then oppose the bill.
 

HB3256
Synopsis As Introduced

Amends the Illinois Water Well Construction Code. Provides that beginning May 1, 2008, the Department of Public Health shall issue permits for the construction and modification of closed loop well systems and shall require a one-time permit fee, which may not exceed $100. 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. Amends the Water Well and Pump Installation Contractor's License Act to make a technical and a related change. Effective October 1, 2007.
 

IRWA Quick Take – This bill would help protect groundwater sources from potential contamination through improperly constructed closed loop systems.  HB3256 passed the House last year and has been in the Senate Rules Committee since.
 

HB4367
Synopsis As Introduced

Amends the Illinois Water Well Construction Code. Provides that beginning January 1, 2009, the Department of Public Health shall issue permits for the construction and modification of closed loop well systems and shall require a one-time permit fee, which may not exceed $100. 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. Amends the Water Well and Pump Installation Contractor's License Act to make a technical and a related change. Effective July 1, 2008

IRWA Quick Take – In the event that HB3256 does not get released from the Senate Rules Committee, this bill has been introduced in an effort to keep the legislation moving forward.  IRWA will support this bill as well.
 

HB4671
Synopsis As Introduced

Amends the Real Estate Disclosure Act. Provides that the seller of residential property shall have the sewer line from the property to the sewer main, or in the case of a septic system to the septic tank, inspected by a licensed plumber using video camera inspection technology and shall attach a copy of the licensed plumber's written dated inspection report to the disclosure report. Provides that the seller's disclosure statement is based on the actual knowledge of the seller without any specific investigation, except for the licensed plumber sewer line inspection (instead of without any specific investigation).

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.

HB5258
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.

IRWA Quick Take – This bill would increase the cost of constructing and maintaining underground utilities, thereby becoming an unfunded mandate.  IRWA will oppose this bill.
 

SB0539
Synopsis As Introduced

Amends the Illinois Highway Code. Provides that any public water district organized under the Public Water District Act is authorized to construct, maintain, alter, and extend its water main along, upon, under, and across any highway, street, alley, or public ground in the State. Effective immediately.

IRWA Quick Take – This bill is an attempt to clarify legislation that was passed in 2005 that gave not-for-profit water entities the same authority to use road right-of way.  That bill amended the Public Water District Act and created some confusion or contradiction with the Illinois Highway Code. If passed, this bill will clear up any contradictions between the two.

SB0620
Synopsis As Introduced

Amends the Public Utilities Act. Provides that the Commission may authorize certain public utilities to impose a fire protection charge to meet the fire protection needs of customers (now, the fire protection needs of any municipality or public fire protection district is covered). Provides that any fire protection charge imposed shall reflect the costs associated with providing fire protection service as determined by the Commission for each service area of the public utility for which the Commission determines a separate revenue requirement. Effective immediately.

IRWA Quick Take – This bill passed the Senate last year and enjoyed some movement in the House.  Currently the bill has not been released from the Rules Committee.  A number of amendments were offered and are being considered on this bill.  IRWA will oppose this bill and all of its current amendments.
 

SB1174
Synopsis As Introduced

Permits a unit of local government to require homeowners who maintain a private sewage disposal system within the unit of local government to provide verification, no more frequently than once every 3 years (rather than on an annual basis), to the unit of local government of a valid contract with a licensed private sewage disposal system installation contractor. Provides that no additional fee may be charged for such verification. Effective immediately

IRWA Quick Take – This bill passed the Senate last year.  Currently the bill has not been released from the Rules Committee in the House.  IRWA will take a neutral stance on this bill’s current language.

SB1394
Synopsis As Introduced

Amends the Prevailing Wage Act. Provides that "public works" includes any construction, demolition, remediation, or renovation that requires a permit issued by the Illinois Environmental Protection Agency with an aggregate amount of work in excess of $250,000. Effective immediately.

IRWA Quick Take – A Senate version of HB1298, IRWA has taken a neutral stance on this bill.

SB1422
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.

IRWA Quick Take – If we can’t get rid of them altogether, then at the very least, give systems the opportunity to pay their NPDES Permit fees on a quarterly basis with out penalty or interest.  If passed, this bill would allow for the interest free quarterly payments of these fees.

SB2370
Synopsis As Introduced

Amends the Water Use Act of 1983. Defines "high-capacity well". Imposes further restrictions on high-capacity wells and expands notice requirements. Makes other changes. Effective immediately.

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.  This bill will be opposed by IRWA.

SB2514
Synopsis As Introduced

Amends the Illinois Water Well Construction Code. Provides that beginning January 1, 2009, the Department of Public Health shall issue permits for the construction and modification of closed loop well systems and shall require a one-time permit fee, which may not exceed $100. 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. Amends the Water Well and Pump Installation Contractor's License Act to make a technical and a related change. Effective July 1, 2008.

IRWA Quick Take – This is a sister bill to HB4367 and will be supported by IRWA as well.

**In addition to these bills, there are several other bills filed that have technical changes made to them and could later be amended.  These bills are also being tracked and will be posted on this site if it appears there might be any movement on their part**