MANUFACTURED HOME UTILITY BILL

Illinois General Assembly - Full Text of HB1274

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HB1274 - 104th General Assembly

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House Amendment 001

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Introduced

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1274

Introduced 1/28/2025, by Rep. Maurice A. West, II

SYNOPSIS AS INTRODUCED:

220 ILCS 5/8-306

Amends the Public Utilities Act. Provides that in a community of
manufactured homes, where the water system in the community is connected
to a municipal public water supply system, potable water shall be provided
at each manufactured home site. Provides that where a manufactured home
community owner or operator bills the residents of the community using
monthly line-item charges for utilities, including, but not limited to,
water, those charges shall be based on either: (i) a resident's actual
usage, as measured by submeters installed on each manufactured home site
within the community; or (ii) a ratio utility billing system, in the
absence of submeters, in which charges for water shall be divided by
certain criteria, including, but not limited to, the number of occupants
per household, the square footage of the manufactured home, or other
factors. Provides that the ratio utility billing system shall not bill all
residents of the community equally for a water utility bill issued to the
manufactured home community owner or operator by the municipal public
water supply system. Provides that where a manufactured home community
does not have existing submeters, submeters shall be installed at the
expense of the manufactured home community owner or operator. Provides
that the community owner or operator shall be considered the water
supplier and is the party responsible for the water distribution system up
to the individual service line at each manufactured home site. Provides
that the owner or operator shall be responsible for all maintenance and
associated costs of any meters and submeters, within the community,
installed outside and beneath a manufactured home. Provides that the
amendatory Act shall not apply to any manufactured home community that has
its own water source, including, but not limited to, a well.
LRB104 06228 AAS 16263 b

A BILL FOR

HB1274
LRB104 06228 AAS 16263 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Public Utilities Act is amended by changing
5
Section 8-306 as follows:

6

(220 ILCS 5/8-306)
7

Sec. 8-306.
Special provisions relating to water and sewer
8
utilities.
9

(a) No later than 120 days after the effective date of this
10
amendatory Act of the 94th General Assembly, the Commission
11
shall prepare, make available to customers upon request, and
12
post on its Internet web site information concerning the
13
service obligations of water and sewer utilities and remedies
14
that a customer may pursue for a violation of the customer's
15
rights. The information shall specifically address the rights
16
of a customer of a water or sewer utility in the following
17
situations:
18

(1) The customer's water meter is replaced.
19

(2) The customer's bill increases by more than 50%
20

within one billing period.
21

(3) The customer's water service is terminated.
22

(4) The customer wishes to complain after receiving a
23

termination of service notice.

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LRB104 06228 AAS 16263 b
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(5) The customer is unable to make payment on a
2

billing statement.
3

(6) A rate is filed, including without limitation a
4

surcharge or annual reconciliation filing, that will
5

increase the amount billed to the customer.
6

(7) The customer is billed for services provided prior
7

to the date covered by the billing statement.
8

(8) The customer is due to receive a credit.
9

Each billing statement issued by a water or sewer utility
10
shall include an Internet web site address where the customer
11
can view the information required under this subsection (a)
12
and a telephone number that the customer may call to request a
13
copy of the information.
14

(b) A water or sewer utility may discontinue service only
15
after it has mailed or delivered by other means a written
16
notice of discontinuance substantially in the form of Appendix
17
A of 83 Ill. Adm. Code 280. The notice must include the
18
Internet web site address where the customer can view the
19
information required under subsection (a) and a telephone
20
number that the customer may call to request a copy of the
21
information. Any notice required to be delivered or mailed to
22
a customer prior to discontinuance of service shall be
23
delivered or mailed separately from any bill. Service shall
24
not be discontinued until at least 5 days after delivery or 8
25
days after the mailing of this notice. Service shall not be
26
discontinued and shall be restored if discontinued for the

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reason which is the subject of a dispute or complaint during
2
the pendency of informal or formal complaint procedures of the
3
Illinois Commerce Commission under 83 Ill. Adm. Code 280.160
4
or 280.170, where the customer has complied with those rules.
5
Service shall not be discontinued and shall be restored if
6
discontinued where a customer has established a deferred
7
payment agreement pursuant to 83 Ill. Adm. Code 280.110 and
8
has not defaulted on such agreement. Residential customers who
9
are indebted to a utility for past due utility service shall
10
have the opportunity to make arrangements with the utility to
11
retire the debt by periodic payments, referred to as a
12
deferred payment agreement, unless this customer has failed to
13
make payment under such a plan during the past 12 months. The
14
terms and conditions of a reasonable deferred payment
15
agreement shall be determined by the utility after
16
consideration of the following factors, based upon information
17
available from current utility records or provided by the
18
customer or applicant:
19

(1) size of the past due account;
20

(2) customer or applicant's ability to pay;
21

(3) customer or applicant's payment history;
22

(4) reason for the outstanding indebtedness; and
23

(5) any other relevant factors relating to the
24

circumstances of the customer or applicant's service.

25
A residential customer shall pay a maximum of one-fourth of
26
the amount past due and owing at the time of entering into the

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deferred payment agreement, and the water or sewer utility
2
shall allow a minimum of 2 months from the date of the
3
agreement and a maximum of 12 months for payment to be made
4
under a deferred payment agreement. Late payment charges may
5
be assessed against the amount owing that is the subject of a
6
deferred payment agreement.
7

(c) A water or sewer utility shall provide notice as
8
required by subsection (a) of Section 9-201 after the filing
9
of each information sheet under a purchased water surcharge,
10
purchased sewage treatment surcharge, or qualifying
11
infrastructure plant surcharge. The utility also shall post
12
notice of the filing in accordance with the requirements of 83
13
Ill. Adm. Code 255. Unless filed as part of a general rate
14
increase, notice of the filing of a purchased water surcharge
15
rider, purchased sewage treatment surcharge rider, or
16
qualifying infrastructure plant surcharge rider also shall be
17
given in the manner required by this subsection (c) for the
18
filing of information sheets.
19

(d) Commission rules pertaining to formal and informal
20
complaints against public utilities shall apply with full and
21
equal force to water and sewer utilities and their customers,
22
including provisions of 83 Ill. Adm. Code 280.170, and the
23
Commission shall respond to each complaint by providing the
24
consumer with a copy of the utility's response to the
25
complaint and a copy of the Commission's review of the
26
complaint and its findings. The Commission shall also provide

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the consumer with all available options for recourse.
2

(e) Any refund shown on the billing statement of a
3
customer of a water or sewer utility must be itemized and must
4
state if the refund is an adjustment or credit.
5

(f) Water service for building construction purposes. At
6
the request of any municipality or township within the service
7
area of a public utility that provides water service to
8
customers within the municipality or township, a public
9
utility must (1) require all water service used for building
10
construction purposes to be measured by meter and subject to
11
approved rates and charges for metered water service and (2)
12
prohibit the unauthorized use of water taken from hydrants or
13
service lines installed at construction sites.
14

(g) Water meters.
15

(1) Periodic testing. Unless otherwise approved by the
16

Commission, each service water meter shall be periodically
17

inspected and tested in accordance with the schedule
18

specified in 83 Ill. Adm. Code 600.340, or more frequently
19

as the results may warrant, to insure that the meter
20

accuracy is maintained within the limits set out in 83
21

Ill. Adm. Code 600.310.
22

(2) Meter tests requested by customer.
23

(A) Each utility furnishing metered water service
24

shall, without charge, test the accuracy of any meter
25

upon request by the customer served by such meter,
26

provided that the meter in question has not been

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1

tested by the utility or by the Commission within 2
2

years previous to such request. The customer or his or
3

her representatives shall have the privilege of
4

witnessing the test at the option of the customer. A
5

written report, giving the results of the test, shall
6

be made to the customer.
7

(B) When a meter that has been in service less than
8

2 years since its last test is found to be accurate
9

within the limits specified in 83 Ill. Adm. Code
10

600.310, the customer shall pay a fee to the utility
11

not to exceed the amounts specified in 83 Ill. Adm.
12

Code 600.350(b). Fees for testing meters not included
13

in this Section or so located that the cost will be out
14

of proportion to the fee specified will be determined
15

by the Commission upon receipt of a complete
16

description of the case.
17

(3) Commission referee tests. Upon written application
18

to the Commission by any customer, a test will be made of
19

the customer's meter by a representative of the
20

Commission. For such a test, a fee as provided for in
21

subsection (g)(2) shall accompany the application. If the
22

meter is found to be registering more than 1.5% fast on the
23

average when tested as prescribed in 83 Ill. Adm. Code
24

600.310, the utility shall refund to the customer the
25

amount of the fee. The utility shall in no way disturb the
26

meter after a customer has made an application for a

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referee test until authority to do so is given by the
2

Commission or the customer in writing.
3

(4) In a community of manufactured homes, as that term
4

is defined in Section 5-5 of the Conveyance and
5

Encumbrance of Manufactured Homes as Real Property and
6

Severance Act, where the water system in the community is
7

connected to a municipal public water supply system,
8

potable water shall be provided at each manufactured home
9

site. Where a manufactured home community owner or
10

operator bills the residents of the community using
11

monthly line-item charges for utilities, including, but
12

not limited to, water, those charges shall be based on
13

either:
14

(A) a resident's actual usage, as measured by
15

submeters installed on each manufactured home site
16

within the community; or
17

(B) a ratio utility billing system, in the absence
18

of submeters, in which charges for water shall be
19

divided by certain criteria, including, but not
20

limited to, the number of occupants per household, the
21

square footage of the manufactured home, or other
22

factors. The ratio utility billing system shall not
23

bill all residents of the community equally for a
24

water utility bill issued to the manufactured home
25

community owner or operator by the municipal public
26

water supply system.

HB1274
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Where a manufactured home community does not have existing
2
submeters, submeters shall be installed in compliance with all
3
rules adopted by the Department of Public Health and the
4
Illinois Plumbing Code (77 Ill. Adm. Code 890) at the expense
5
of the manufactured home community owner or operator.
6

For purposes of this paragraph, the manufactured home
7
community owner or operator shall be considered the water
8
supplier and is the party responsible for the water
9
distribution system up to the individual service line at each
10
manufactured home site. The owner or operator shall be
11
responsible for all maintenance and associated costs of any
12
meters and submeters installed outside and beneath a
13
manufactured home within the community. This paragraph shall
14
not apply to any manufactured home community that has its own
15
water source, including, but not limited to, a well.

16

(h) Water and sewer utilities; low usage. Each public
17
utility that provides water and sewer service must establish a
18
unit sewer rate, subject to review by the Commission, that
19
applies only to those customers who use less than 1,000
20
gallons of water in any billing period.
21

(i) Water and sewer utilities; separate meters. Each
22
public utility that provides water and sewer service must
23
offer separate rates for water and sewer service to any
24
commercial or residential customer who uses separate meters to
25
measure each of those services. In order for the separate rate
26
to apply, a combination of meters must be used to measure the

HB1274
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1
amount of water that reaches the sewer system and the amount of
2
water that does not reach the sewer system.
3

(j) Each water or sewer public utility must disclose on
4
each billing statement any amount billed that is for service
5
provided prior to the date covered by the billing statement.
6
The disclosure must include the dates for which the prior
7
service is being billed. Each billing statement that includes
8
an amount billed for service provided prior to the date
9
covered by the billing statement must disclose the dates for
10
which that amount is billed and must include a copy of the
11
document created under subsection (a) and a statement of
12
current Commission rules concerning unbilled or misbilled
13
service.
14

(k) When the customer is due a refund resulting from
15
payment of an overcharge, the utility shall credit the
16
customer in the amount of overpayment with interest from the
17
date of overpayment by the customer. The rate for interest
18
shall be at the appropriate rate determined by the Commission
19
under 83 Ill. Adm. Code 280.70.
20

(l) Water and sewer public utilities; subcontractors. The
21
Commission shall adopt rules for water and sewer public
22
utilities to provide notice to the customers of the proper
23
kind of identification that a subcontractor must present to
24
the customer, to prohibit a subcontractor from soliciting or
25
receiving payment of any kind for any service provided by the
26
water or sewer public utility or the subcontractor, and to

HB1274
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1
establish sanctions for violations.
2

(m) Water and sewer public utilities; unaccounted-for
3
water. By December 31, 2006, each water public utility shall
4
file tariffs with the Commission to establish the maximum
5
percentage of unaccounted-for water that would be considered
6
in the determination of any rates or surcharges. The rates or
7
surcharges approved for a water public utility shall not
8
include charges for unaccounted-for water in excess of this
9
maximum percentage without well-documented support and
10
justification for the Commission to consider in any request to
11
recover charges in excess of the tariffed maximum percentage.
12

(n) Rate increases; public forums. When any public utility
13
providing water or sewer service proposes a general rate
14
increase, in addition to other notice requirements, the water
15
or sewer public utility must notify its customers of their
16
right to request a public forum. A customer or group of
17
customers must make written request to the Commission for a
18
public forum and must also provide written notification of the
19
request to the customer's municipal or, for unincorporated
20
areas, township government. The Commission, at its discretion,
21
may schedule the public forum. If it is determined that public
22
forums are required for multiple municipalities or townships,
23
the Commission shall schedule these public forums, in
24
locations within approximately 45 minutes drive time of the
25
municipalities or townships for which the public forums have
26
been scheduled. The public utility must provide advance notice

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LRB104 06228 AAS 16263 b
1
of 30 days for each public forum to the governing bodies of
2
those units of local government affected by the increase. The
3
day of each public forum shall be selected so as to encourage
4
the greatest public participation. Each public forum will
5
begin at 7:00 p.m. Reports and comments made during or as a
6
result of each public forum must be made available to the
7
hearing officials and reviewed when drafting a recommended or
8
tentative decision, finding or order pursuant to Section
9
10-111 of this Act.
10
(Source: P.A. 94-950, eff. 6-27-06.)

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