Illinois 2025-2026 Regular Session

Illinois House Bill HB2712 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2712 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED: 220 ILCS 5/9-210.5 Amends the Public Utilities Act. Provides that 20% of the lesser of (rather than the lesser of): (i) the purchase price or (ii) the fair market value shall constitute the rate base associated with the water or sewer utility as acquired by and incorporated into the rate base of the district designated by the acquiring large public utility, subject to any adjustments that the Illinois Commerce Commission deems necessary to ensure such rate base reflects prudent and useful investments in the provision of public utility service. Provides that the difference between the rate base and the purchase price or fair market value shall be borne by the shareholders of the acquiring large public utility. In provisions concerning the acquisition of a water or sewer utility, provides that, at the next election following the public meeting and notice requirements, a referendum shall be placed on the ballot for all electors within the area the water or sewer utility operates. Provides that, if a majority of the electors voting on the referendum within the service area of the water or sewer utility vote in favor of the referendum, then the acquisition may continue. Provides that, if less than a majority of the electors voting on the referendum within the service area of the water or sewer utility vote in favor of the referendum, the Commission shall not approve the large public utility's acquisition of the water or sewer utility. LRB104 10288 AAS 20362 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2712 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED: 220 ILCS 5/9-210.5 220 ILCS 5/9-210.5 Amends the Public Utilities Act. Provides that 20% of the lesser of (rather than the lesser of): (i) the purchase price or (ii) the fair market value shall constitute the rate base associated with the water or sewer utility as acquired by and incorporated into the rate base of the district designated by the acquiring large public utility, subject to any adjustments that the Illinois Commerce Commission deems necessary to ensure such rate base reflects prudent and useful investments in the provision of public utility service. Provides that the difference between the rate base and the purchase price or fair market value shall be borne by the shareholders of the acquiring large public utility. In provisions concerning the acquisition of a water or sewer utility, provides that, at the next election following the public meeting and notice requirements, a referendum shall be placed on the ballot for all electors within the area the water or sewer utility operates. Provides that, if a majority of the electors voting on the referendum within the service area of the water or sewer utility vote in favor of the referendum, then the acquisition may continue. Provides that, if less than a majority of the electors voting on the referendum within the service area of the water or sewer utility vote in favor of the referendum, the Commission shall not approve the large public utility's acquisition of the water or sewer utility. LRB104 10288 AAS 20362 b LRB104 10288 AAS 20362 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2712 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED:
3	3	220 ILCS 5/9-210.5 220 ILCS 5/9-210.5
4	4	220 ILCS 5/9-210.5
5	5	Amends the Public Utilities Act. Provides that 20% of the lesser of (rather than the lesser of): (i) the purchase price or (ii) the fair market value shall constitute the rate base associated with the water or sewer utility as acquired by and incorporated into the rate base of the district designated by the acquiring large public utility, subject to any adjustments that the Illinois Commerce Commission deems necessary to ensure such rate base reflects prudent and useful investments in the provision of public utility service. Provides that the difference between the rate base and the purchase price or fair market value shall be borne by the shareholders of the acquiring large public utility. In provisions concerning the acquisition of a water or sewer utility, provides that, at the next election following the public meeting and notice requirements, a referendum shall be placed on the ballot for all electors within the area the water or sewer utility operates. Provides that, if a majority of the electors voting on the referendum within the service area of the water or sewer utility vote in favor of the referendum, then the acquisition may continue. Provides that, if less than a majority of the electors voting on the referendum within the service area of the water or sewer utility vote in favor of the referendum, the Commission shall not approve the large public utility's acquisition of the water or sewer utility.
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11	11	1 AN ACT concerning regulation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Public Utilities Act is amended by changing
15	15	5 Sections 9-210.5 as follows:
16	16	6 (220 ILCS 5/9-210.5)
17	17	7 (Section scheduled to be repealed on June 1, 2028)
18	18	8 Sec. 9-210.5. Valuation of water and sewer utilities.
19	19	9 (a) In this Section:
20	20	10 "Disinterested" means that the person directly
21	21	11 involved (1) is not a director, officer, or an employee of
22	22	12 the large public utility or the water or sewer utility or
23	23	13 its direct affiliates or subsidiaries for at least 12
24	24	14 months before becoming engaged under this Section; (2)
25	25	15 shall not derive a material financial benefit from the
26	26	16 sale of the water or sewer utility other than fees for
27	27	17 services rendered, and (3) shall not have a member of the
28	28	18 person's immediate family, including a spouse, parents or
29	29	19 spouse's parents, children or spouses of children, or
30	30	20 siblings and their spouses or children, be a director,
31	31	21 officer, or employee of either the large public utility or
32	32	22 water or sewer utility or the water or sewer utility or its
33	33	23 direct affiliates or subsidiaries for at least 12 months
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2712 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED:
38	38	220 ILCS 5/9-210.5 220 ILCS 5/9-210.5
39	39	220 ILCS 5/9-210.5
40	40	Amends the Public Utilities Act. Provides that 20% of the lesser of (rather than the lesser of): (i) the purchase price or (ii) the fair market value shall constitute the rate base associated with the water or sewer utility as acquired by and incorporated into the rate base of the district designated by the acquiring large public utility, subject to any adjustments that the Illinois Commerce Commission deems necessary to ensure such rate base reflects prudent and useful investments in the provision of public utility service. Provides that the difference between the rate base and the purchase price or fair market value shall be borne by the shareholders of the acquiring large public utility. In provisions concerning the acquisition of a water or sewer utility, provides that, at the next election following the public meeting and notice requirements, a referendum shall be placed on the ballot for all electors within the area the water or sewer utility operates. Provides that, if a majority of the electors voting on the referendum within the service area of the water or sewer utility vote in favor of the referendum, then the acquisition may continue. Provides that, if less than a majority of the electors voting on the referendum within the service area of the water or sewer utility vote in favor of the referendum, the Commission shall not approve the large public utility's acquisition of the water or sewer utility.
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43	43	A BILL FOR
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68	68	1 before becoming engaged under this Section or receive a
69	69	2 material financial benefit from the sale of the water or
70	70	3 sewer utility other than fees for services rendered.
71	71	4 "District" means a service area of a large public
72	72	5 utility whose customers are subject to the same rate
73	73	6 tariff.
74	74	7 "Large public utility" means an investor-owned public
75	75	8 utility that:
76	76	9 (1) is subject to regulation by the Illinois
77	77	10 Commerce Commission under this Act;
78	78	11 (2) regularly provides water or sewer service to
79	79	12 more than 15,000 customer connections;
80	80	13 (3) provides safe and adequate service; and
81	81	14 (4) is not a water or sewer utility as defined in
82	82	15 this subsection (a).
83	83	16 "Next rate case" means a large public utility's first
84	84	17 general rate case after the date the large public utility
85	85	18 acquires the water or sewer utility where the acquired
86	86	19 water or sewer utility's cost of service is considered as
87	87	20 part of determining the large public utility's resulting
88	88	21 rates.
89	89	22 "Prior rate case" means a large public utility's
90	90	23 general rate case resulting in the rates in effect for the
91	91	24 large public utility at the time it acquires the water or
92	92	25 sewer utility.
93	93	26 "Utility service source" means the water or sewer
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104	104	1 utility or large public utility from which the customer
105	105	2 receives its utility service type.
106	106	3 "Utility service type" means water utility service or
107	107	4 sewer utility service or water and sewer utility service.
108	108	5 "Water or sewer utility" means any of the following:
109	109	6 (1) a public utility that regularly provides water
110	110	7 or sewer service to 6,000 or fewer customer
111	111	8 connections;
112	112	9 (2) a water district, including, but not limited
113	113	10 to, a public water district, water service district,
114	114	11 or surface water protection district, or a sewer
115	115	12 district of any kind established as a special district
116	116	13 under the laws of this State that regularly provides
117	117	14 water or sewer service;
118	118	15 (3) a waterworks system or sewerage system
119	119	16 established under the Township Code that regularly
120	120	17 provides water or sewer service; or
121	121	18 (4) a water system or sewer system owned by a
122	122	19 municipality that regularly provides water or sewer
123	123	20 service; and
124	124	21 (5) any other entity that is not a public utility
125	125	22 that regularly provides water or sewer service.
126	126	23 (b) Notwithstanding any other provision of this Act, a
127	127	24 large public utility that acquires a water or sewer utility
128	128	25 may request that the Commission use, and, if so requested, the
129	129	26 Commission shall use, the procedures set forth under this
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140	140	1 Section to establish the ratemaking rate base of that water or
141	141	2 sewer utility at the time when it is acquired by the large
142	142	3 public utility.
143	143	4 (c) If a large public utility elects the procedures under
144	144	5 this Section to establish the rate base of a water or sewer
145	145	6 utility that it is acquiring, then 3 appraisals shall be
146	146	7 performed. The average of these 3 appraisals shall represent
147	147	8 the fair market value of the water or sewer utility that is
148	148	9 being acquired. The appraisals shall be performed by 3
149	149	10 appraisers approved by the Commission's Executive Director or
150	150	11 designee and engaged by either the water or sewer utility
151	151	12 being acquired or by the large public utility. Each appraiser
152	152	13 shall be engaged on reasonable terms approved by the
153	153	14 Commission. Each appraiser shall be a disinterested person
154	154	15 licensed as a State certified general real estate appraiser
155	155	16 under the Real Estate Appraiser Licensing Act of 2002.
156	156	17 Each appraiser shall:
157	157	18 (1) be sworn to determine the fair market value of the
158	158	19 water or sewer utility by establishing the amount for
159	159	20 which the water or sewer utility would be sold in a
160	160	21 voluntary transaction between a willing buyer and willing
161	161	22 seller under no obligation to buy or sell;
162	162	23 (2) determine fair market value in compliance with the
163	163	24 Uniform Standards of Professional Appraisal Practice;
164	164	25 (3) engage one disinterested engineer who is licensed
165	165	26 in this State, and who may be the same engineer that is
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176	176	1 engaged by the other appraisers, to prepare an assessment
177	177	2 of the tangible assets of the water or sewer utility,
178	178	3 which is to be incorporated into the appraisal under the
179	179	4 cost approach;
180	180	5 (4) request from the manager of the Accounting
181	181	6 Department, if the water or sewer utility is a public
182	182	7 utility that is regulated by the Commission, a list of
183	183	8 investments made by the water or sewer utility that had
184	184	9 been disallowed previously and that shall be excluded from
185	185	10 the calculation of the large public utility's rate base in
186	186	11 its next rate case; and
187	187	12 (5) return their appraisal, in writing, to the water
188	188	13 or sewer utility and large public utility in a reasonable
189	189	14 and timely manner.
190	190	15 If the appraiser cannot engage an engineer, as described
191	191	16 in paragraph (3) of this subsection (c), within 30 days after
192	192	17 the appraiser is engaged, then the Commission's Executive
193	193	18 Director or designee shall recommend the engineer the
194	194	19 appraiser should engage. The Commission's Executive Director
195	195	20 or designee shall provide his or her recommendation within 30
196	196	21 days after he or she is officially notified of the appraiser's
197	197	22 failure to engage an engineer and the appraiser shall promptly
198	198	23 work to engage the recommended engineer. If the appraiser is
199	199	24 unable to negotiate reasonable engagement terms with the
200	200	25 recommended engineer within 15 days after the recommendation
201	201	26 by the Commission's Executive Director or designee, then the
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212	212	1 appraiser shall notify the Commission's Executive Director or
213	213	2 designee and the process shall be repeated until an engineer
214	214	3 is successfully engaged.
215	215	4 (d) Twenty percent of the The lesser of (i) the purchase
216	216	5 price or (ii) the fair market value determined under
217	217	6 subsection (c) of this Section shall constitute the rate base
218	218	7 associated with the water or sewer utility as acquired by and
219	219	8 incorporated into the rate base of the district designated by
220	220	9 the acquiring large public utility under this Section, subject
221	221	10 to any adjustments that the Commission deems necessary to
222	222	11 ensure such rate base reflects prudent and useful investments
223	223	12 in the provision of public utility service. The difference
224	224	13 between the rate base and the purchase price or fair market
225	225	14 value shall be borne by the shareholders of the acquiring
226	226	15 large public utility. The reasonable transaction and closing
227	227	16 costs incurred by the large public utility shall be treated
228	228	17 consistent with the applicable accounting standards under this
229	229	18 Act. The total amount of all of the appraisers' fees to be
230	230	19 included in the transaction and closing costs shall not exceed
231	231	20 the greater of $15,000 or 5% of the appraised value of the
232	232	21 water or sewer utility being acquired. This rate base
233	233	22 treatment shall not be deemed to violate this Act, including,
234	234	23 but not limited to, any Sections in Articles VIII and IX of
235	235	24 this Act that might be affected by this Section, provided that
236	236	25 only 20% of the transaction and closing costs are included in
237	237	26 the rate base. Any acquisition of a water or sewer utility that
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248	248	1 affects the cumulative base rates of the large public
249	249	2 utility's existing ratepayers in the tariff group into which
250	250	3 the water or sewer utility is to be combined by less than (1)
251	251	4 2.5% at the time of the acquisition for any single acquisition
252	252	5 completed under this Section or (2) 5% for all acquisitions
253	253	6 completed under this Section before the Commission's final
254	254	7 order in the next rate case shall not be deemed to violate
255	255	8 Section 7-204 or any other provision of this Act.
256	256	9 In the Commission's order that approves the large public
257	257	10 utility's acquisition of the water or sewer utility, the
258	258	11 Commission shall issue its decision establishing (1) the
259	259	12 ratemaking rate base of the water or sewer utility; (2) the
260	260	13 district or tariff group with which the water or sewer utility
261	261	14 shall be combined for ratemaking purposes, if such combination
262	262	15 has been proposed by the large public utility; and (3) the
263	263	16 rates to be charged to customers in the water or sewer utility.
264	264	17 (e) If the water or sewer utility being acquired is owned
265	265	18 by the State or any political subdivision thereof, then the
266	266	19 water or sewer utility must inform the public of the terms of
267	267	20 its acquisition by the large public utility by (1) holding a
268	268	21 public meeting prior to the acquisition and (2) causing to be
269	269	22 published, in a newspaper of general circulation in the area
270	270	23 that the water or sewer utility operates, a notice setting
271	271	24 forth the terms of its acquisition by the large public utility
272	272	25 and options that shall be available to assist customers to pay
273	273	26 their bills after the acquisition.
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284	284	1 At the next election following the public meeting and
285	285	2 notice required by this subsection, a referendum, subject to
286	286	3 the requirements of Section 16-7 of the Election Code, shall
287	287	4 be placed on the ballot for all electors within the area the
288	288	5 water or sewer utility operates in substantially the following
289	289	6 form:
290	290	7 May the (name of large public utility) acquire the
291	291	8 (name of water or sewer utility) under the terms of
292	292	9 acquisition published in (name of newspaper) on (date)?
293	293	10 The votes shall be recorded as "Yes" or "No".
294	294	11 If a majority of the electors voting on the referendum
295	295	12 within the service area of the water or sewer utility vote in
296	296	13 favor of the referendum, then the acquisition may continue as
297	297	14 provided in this Section. If less than a majority of the
298	298	15 electors voting on the referendum within the service area of
299	299	16 the water or sewer utility vote in favor of the referendum, the
300	300	17 Commission shall not approve the large public utility's
301	301	18 acquisition of the water or sewer utility.
302	302	19 (f) The large public utility may recommend the district or
303	303	20 tariff group of which the water or sewer utility shall, for
304	304	21 ratemaking purposes, become a part after the acquisition, or
305	305	22 may recommend a lesser rate for the water or sewer utility. If
306	306	23 the large public utility recommends a lesser rate, it shall
307	307	24 submit to the Commission its proposed rate schedule and the
308	308	25 proposed final tariff group for the acquired water or sewer
309	309	26 utility. The Commission's approved district or tariff group or
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320	320	1 rates shall be consistent with the large public utility's
321	321	2 recommendation, unless such recommendation can be shown to be
322	322	3 contrary to the public interest.
323	323	4 (g) From the date of acquisition until the date that new
324	324	5 rates are effective in the acquiring large public utility's
325	325	6 next rate case, the customers of the acquired water or sewer
326	326	7 utility shall pay the approved then-existing rates of the
327	327	8 district or tariff group as ordered by the Commission, or some
328	328	9 lesser rates as recommended by the large public utility and
329	329	10 approved by the Commission under subsection (f); provided,
330	330	11 that, if the application of such rates of the large public
331	331	12 utility to customers of the acquired water or sewer utility
332	332	13 using 54,000 gallons annually results in an increase to the
333	333	14 total annual bill of customers of the acquired water or sewer
334	334	15 utility, exclusive of fire service or related charges, then
335	335	16 the large public utility's rates charged to the customers of
336	336	17 the acquired water or sewer utility shall be uniformly
337	337	18 reduced, if any reduction is required, by the percent that
338	338	19 results in the total annual bill, exclusive of fire services
339	339	20 or related charges, for the customers of the acquired water or
340	340	21 sewer utility using 54,000 gallons being equal to 1.5% of the
341	341	22 latest median household income as reported by the United
342	342	23 States Census Bureau for the most applicable community or
343	343	24 county. For each customer of the water or sewer utility with
344	344	25 potable water usage values that cannot be reasonably obtained,
345	345	26 a value of 4,500 gallons per month shall be assigned. These
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356	356	1 rates shall not be deemed to violate this Act including, but
357	357	2 not limited to, Section 9-101 and any other applicable
358	358	3 Sections in Articles VIII and IX of this Act. The Commission
359	359	4 shall issue its decision establishing the rates effective for
360	360	5 the water or sewer utility immediately following an
361	361	6 acquisition in its order approving the acquisition.
362	362	7 (h) In the acquiring large public utility's next rate
363	363	8 case, the water or sewer utility and the district or tariff
364	364	9 group ordered by the Commission and their costs of service may
365	365	10 be combined under the same rate tariff. This rate tariff shall
366	366	11 be based on allocation of costs of service of the acquired
367	367	12 water or sewer utility and the large public utility's district
368	368	13 or tariff group ordered by the Commission and utilizing a rate
369	369	14 design that does not distinguish among customers on the basis
370	370	15 of utility service source or type. This rate tariff shall not
371	371	16 be deemed to violate this Act including, but not limited to,
372	372	17 Section 9-101 of this Act. In the acquiring large public
373	373	18 utility's 2 rate cases after an acquisition, but in no
374	374	19 subsequent rate case, the large public utility may file a rate
375	375	20 tariff for a water or sewer utility acquired under this
376	376	21 Section that establishes lesser rates than the district or
377	377	22 tariff group into which the water or sewer utility is to be
378	378	23 combined. Those lesser rates shall not be deemed to violate
379	379	24 Section 7-204 or any other provision of this Act if they affect
380	380	25 the cumulative base rates of the large public utility's
381	381	26 existing rate payers in the district or tariff by less than
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392	392	1 2.5%.
393	393	2 (i) Any post-acquisition improvements made by the large
394	394	3 public utility in the water or sewer utility shall accrue a
395	395	4 cost for financing set at the large public utility's
396	396	5 determined rate for allowance for funds used during
397	397	6 construction, inclusive of the debt, equity, and income tax
398	398	7 gross up components, after the date on which the expenditure
399	399	8 was incurred by the large public utility until the investment
400	400	9 has been in service for a 4-year period or, if sooner, until
401	401	10 the time the rates are implemented in the large public
402	402	11 utility's next rate case.
403	403	12 Any post-acquisition improvements made by the large public
404	404	13 utility in the water or sewer utility shall not be depreciated
405	405	14 for ratemaking purposes from the date on which the expenditure
406	406	15 was incurred by the large public utility until the investment
407	407	16 has been in service for a 4-year period or, if sooner, until
408	408	17 the time the rates are implemented in the large public
409	409	18 utility's next rate case.
410	410	19 (j) This Section shall be exclusively applied to large
411	411	20 public utilities in the voluntary and mutually agreeable
412	412	21 acquisition of water or sewer utilities. Any petitions filed
413	413	22 with the Commission related to the acquisitions described in
414	414	23 this Section, including petitions seeking approvals or
415	415	24 certificates required by this Act, shall be deemed approved
416	416	25 unless the Commission issues its final order within 11 months
417	417	26 after the date the large public utility filed its initial
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