Bill

Bill > HB5157


IL HB5157

IL HB5157
UTILITIES-WATER ACQUISITION


summary

Introduced
02/08/2024
In Committee
04/05/2024
Crossed Over
Passed
Dead
01/08/2025

Introduced Session

Potential new amendment
103rd General Assembly

Bill Summary

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. Removes a provision that provides that the Commission may authorize a water or sewer utility to file a surcharge which adjusts rates and charges to provide for recovery of costs associated with an investment in qualifying infrastructure plant, independent of any other matters related to the utility's revenue requirement. Makes other changes.

AI Summary

This bill amends the Public Utilities Act to provide new procedures for the acquisition of water or sewer utilities by large public utilities. The key provisions include: 1. Establishing a process to determine the fair market value of the water or sewer utility through three independent appraisals, with the average of the appraisals representing the fair market value. 2. Specifying that 20% of the lesser of the purchase price or the fair market value will constitute the rate base for the acquired utility, with the remaining difference to be borne by the shareholders of the acquiring large public utility. 3. Requiring a referendum for all electors within the service area of the water or sewer utility, where a majority vote in favor is needed for the acquisition to continue. 4. Removing a provision that allowed the Illinois Commerce Commission to authorize a water or sewer utility to file a surcharge for recovery of costs associated with investments in qualifying infrastructure plant. 5. Providing additional requirements and protections related to the acquisition process, such as the use of responsible bidders, project labor agreements, and employment offers to qualified employees of the acquired utility.

Committee Categories

Agriculture and Natural Resources, Transportation and Infrastructure

Sponsors (4)

Last Action

Session Sine Die (on 01/07/2025)

Bill Topics

Banking, Finance, and Domestic Commerce
  • ‐ Corporate Management
  • ‐ General Banking, Finance, and Domestic Commerce
Public Lands and Water Management
  • ‐ Other Public Lands

bill text


bill summary

Loading...

bill summary

Loading...
Loading...