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The amendment of Chapters 3-12 and 11-12 of the Municipal Code of Chicago, focusing on equitable access to water supply and affordable cost for city households. the deletion and addition of specific language related to sewer service charges and exemptions for certain properties.
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Committee on Finance November 21, 2017
SECTION 1. The City Council finds that access to an adequate supply of safe water is a basic human right and necessity of human life, and that as the city's Department of Water Management makes necessary improvements, implementation should be equitable, just and democratic, and the supply of water furnished by the city of Chicago to any household shall be made available at an affordable cost.
SECTION 2. Chapters 3-12 (3-12-020 et seq.) and 11-12 (11 -12-010 et seq.) of the Municipal Code of Chicago are hereby amended by deleting the language stricken through and by inserting the underscored language, as follows:
3-12-020 Charge for sewer service and use of sewerage system. (a) A charge for sewer service and use of the sewerage system of the City of Chicago is hereby established. The charge shall be an amount equal to the percentage set forth in the below Table, of the amount charged for water service pursuant to Chapter 11 -12 of this Code, whether such water service is metered or otherwise. Provided, however, that: (1) property of the State of Illinois which is exempt from payment of a water service charge pursuant to subsection (a)(1) of Section 11-12-540 shall be exempt from payment ofthe first $500.00 charge for sewer service per semiannual billing period; (2) property of the City of Chicago which is exempt from payment of a water service charge pursuant to subsection (a)(2) of Section 11-12-540 shall be exempt from payment of 100% of the charge for sewer service; (3) property of the Chicago Public Schools which is exempt from payment of a water service charge pursuant to subsection (a)(3) of Section 11-12-540 shall be exempt from payment of 100% ofthe charge for sewer service; (4) property of the City Colleges of Chicago which is exempt from payment of a water service charge pursuant to subsection (a)(4) of Section 11-12-540 shall be exempt from payment of the first $500.00 charge for sewer service per semiannual billing period; (5) property of hospitals which is exempt from payment, in whole or In part, from payment of a water service charge pursuant to subsections (a)(5) or (a)(6) of Section 11-12-540 shall be exempt from payment of the first $500.00 charge for sewer service per semiannual billing period; (6) property of public museums which is exempt from payment of a water service charge pursuant to subsection (a)(7) of Section 11-12-540 shall be exempt from payment ofthe first $500.00 charge for sewer service per semiannual billing period;-a«^
(d) Charges for sewer service hereunder shall be a lien upon the premises served pursuant to the law thereto pertaining. When such charges have been delinquent for a period of 60 days, the comptroller may cause a statement of lien to be recorded against the premises served and delinquent in the form and manner provided by law. The failure to record such a lien or to send notice thereof shall not affect the right of the city to foreclose or adjudicate such lien, by an equitable action in accordance with the statutory requirements therefor and in the same manner as provided for water service in Section 11-12-490, et seq., of this Code. The comptroller shall execute releases of such liens on behalf of the city upon receipt of payment thereof. (e) Residential users, as defined by section 11-12-010 of this Code, enrolled in the Water-for-AII Program pursuant to Section 11-12-720 et seq. of this Code shall be exempt from this section while enrolled in the Water-for-AII Program.
11-12-010 Definitions.
For purposes of this chapter, the following definitions shall apply:
"Commercial user" shall include transit, lodging, retail and wholesale establishments or establishments otherwise engaged in selling merchandise or rendering services.
"Commissioner" means the city's commissioner of water management.
"Department" means the city's department of water management.
"Family" means any number of persons not to exceed 12, including children and employees.
"Full payment certificate" means a certificate issued by the comptroller indicating that all water and sewer charges and penalties that accrued to a water account are paid in full or otherwise not transferable to the subsequent owner.
"Industrial user" shall include establishments engaged in manufacturing activities involving the mechanical or chemical transformation of materials of substance into products.
"Institutional/governmental user" shall include schools, churches, park districts, municipal accounts and users associated with federal, state, and local governments.
"Owner" means: (1) the legal title holder or holders to any premises, or dwelling units, with or without accompanying actual possession thereof; (2) the beneficial owner or owners of an Illinois Land Trust if legal title is held by such a trust; (3) the purchaser under a real estate installment sales contract; (4) any person serving as executor, administrator, trustee, or guardian of an estate if legal title is held by the estate; or (5)
any person, including the agent ofthe legal title holder, who is authorized or entitled to control, manage or dispose of any premises, dwelling or dwelling unit.
"Premises" means a lot or a part of a lot, a building or a part of a building, or any other parcel or tract of land.
"Residential user" shall mean all dwelling units such as, but not limited to. houses, mobile homes, apartments and multifamily dwellings.
"Tenant" means an individual who is renting or leasing real property as his or her principal residence, which includes, but is not limited to, apartments, mobile home park sites, residential shareholders in nonprofit residential cooperatives or mutual housina corporations, owners of condominiums, or persons who are boarding.
"Unified statement of charges" means the statement sent to the billed party showing amounts due for refuse collection, water and sewer charges assessed or charged under: (i) chapter 11-12 for water taxes, rates or rents, or charges for installation or disconnection of water service; (ii) chapter 3-12 for sewer service and sewerage usage; and (iii) Article II of chapter 7-28 for refuse collection.
11-12-015 Sale. Lease. Transfer or Outsourcing of Water Supply and Services
Any action by the Commissioner, Council or Mayor ofthe City of Chicago to sell, lease, transfer or outsource the operation or control ofthe Chicago Waterworks System, including any plant or pumping station, or portion of a plant or pumping station, used to provide water service, to a for-profit entity will be without force and effect unless and until it is approved by a two-thirds majority of votes cast by the electors ofthe city of Chicago at the next general election occurring at least 90 days after such action.
11-12-020 Equity in Capital Improvements.
The Commissioner will develop a plan to ensure equitable and just implementation of capital improvements that will to the greatest extent possible eliminate health, economic and access disparities. The plan will be developed collaboratively with an advisory committee of stakeholders including public health agencies and organizations, labor unions, non-profit organizations, the school district, and community groups. It will make provision for ongoing advisory committee involvement in program implementation to help ensure that benefits are realized throughout the service area. It will include provisions for local job training and employment opportunities.
11-12-260 Annual statement, Rate establishment.
11-12-760 Water-for-all credit- Each eligible residential user who submits an application providing all necessary information described in this article shall receive one (1) fixed annual credit for each household per calendar year.
11-12-770 Amount of the water-for-all credit.
The water-for-all credit will be determined by the following formula:
C = water-for-all credit.
B = the recipient's estimated annual water bill based on the charges under Section 11-12-310 using the household's historical annual water usage, or the charges under Section 11-12-270. and inclusive ofthe Chicago Water and Sewer Tax imposed by Chapter 3-80 of this code.
I = the recipient's estimated annual household income.
A = affordability threshold as follows:
(1) if the recipient's annual household income is 50% or less than the federal government's official poverty income guidelines. A will equal 0%,
(2) if the recipient's annual household income is greater than 50% but less than 100% ofthe federal government's official poverty income ouidelines, A will equal 1%.
(3) if the recipient's annual household income is greater than 100% ofthe federal government's official poverty income guidelines, A will equal 1.5%.
For all negative values of C. the water-for-all credit will be zero dollars. The annual water-for-all credit will be prorated to reflect the date ofthe recipient's enrollment in the program.
11-12-780 Income counted.
In calculating annual household income for both eligibility and amount ofthe water-for-all credit, the Commissioner shall use the same countable and non-countable income as established by the Illinois Low Income Home Energy Assistance Program.
11-12-790 Distribution ofthe water-for-all credit
The water-for-all credit shall be applied to the water or wastewater bill or sent to each recipient as follows:
(a) Distribution of the credit shall begin as soon as practicable after the eligible user applies for the program, but in no case shall it be later than 90 days after a complete application demonstrating a user's eligibility forthe program is received.
(b) Users who are billed on a monthly basis may elect to receive credits disbursed on a monthly basis in an amount equal to one-twelfth ofthe annual credit. Users who are billed on a bimonthly basis may elect to receive credits on a bimonthly basis in an amount equal to one-sixth ofthe annual credit. Users billed on a semiannual basis may elect to receive credits disbursed on a semiannual basis in an amount equal to one-half ofthe annual credit.
(c) The credit shall be applied to each subsequent bill until the full amount ofthe credit is exhausted.
(d) At the end of each calendar year, for users eligible for the Water-for-AH Program for the following year, the Commissioner shall apply any unused credit to the recipient's bills for the following year.
11-12-800 Distribution of credit in case of termination of service.
When a recipient terminates service, the unused credit shall be dispersed according the following priorities:
(a) within 45 days of termination of service, the Commissioner shall apply any unused balance to the recipient's account before any other credits or deposits are applied when determining the account balance due to or from the user:
(b) when a recipient changes his or her principal residence ahd remains in a unit that is provided water and wastewater services by the Department, any unused credit shall be transferred to the new account ofthe recipient:
(c) in the event ofthe death of a recipient, the unused credit shall be transferred to a new account of a surviving member ofthe decedent's household who is an eligible residential user in his or her own right: and
will provide a streamlined application process for these applicants and shall not require verification of income.
11-12-820 Applicants who become ineligible over the calendar year.
The water-for-all credit is conferred based upon annual income for the current calendar year, as estimated at the time of application. If the recipient's actual annual income for the current calendar year exceeds the eligibility criteria, that recipient will become ineligible for the remainder ofthe calendar year.
Recipients are required to notify the Commissioner immediately if their annual income exceeds the eligibility criteria.
The Water-for-AII Program shall take necessary action to recover the full amount of water-for-all credits distributed to beneficiaries during an ineligible period, when appropriate.
11-12-830 Water-for-AII Program confirmation.
Upon entry into the Water-for-AII Program, the Department shall provide a written statement setting forth:
(a) the estimated annual and periodic bill without the water-for-all credit:
(b) the amount of the water-for-all credit:
(c) the estimated annual and periodic bill with the water-for-all credit to be applied:
(d) the periodic bill due date:
(e) the amount of pre-water-for-all credit arrears that were accrued prior to enrollment:
(f) the requirement that the user pay bills issued:
(g) a brief explanation of the consequences of nonpayment:
(h) a brief explanation ofthe elimination of pre-enrollment arrears upon timely payments:
(i) a brief explanation of the duty to remain eligible or to notify the Department immediately if the user becomes ineligible: and
(j) a brief explanation ofthe annual recertification requirement for continued participation.
11-12-840 Water-for-AII Program arrears.
Each on-time payment by the Water-for-AII Program recipient shall be credited towards pre-enrollment arrearages in the amount of this payment until such arrearages are zero.
Any amount paid for a bill in excess ofthe recipient's current water liabilities shall reduce the balance of his or her pre-enrollment arrears and reduce the amount of on-time payments that the recipient will have to make to satisfy such arrears
Once enrolled in the Water-for-AII Program, timely payment of each bill in full shall satisfy all of a recipient's current water liabilities, so that there is no addition to arrears after enrollment.
In the event a recipient's service is terminated for non-payment of bills after enrollment in the Water-for-AII Program, the recipient shall be entitled to immediate restoration of service upon payment of such unpaid bills, or upon such recipient's entry into an installment payment agreement with the Department regarding such unpaid bills.
11-12-850 Annual Water-for-AII Program recertification.
No less than 60 calendar days before the end of each calendar year, the Commissioner shall notify each recipient of their obligation to recertify their eligibility for the program and allow each recipient to re-enroll upon recertification in person, online. or in the mail. The recipient's recertification of eligibility shall have the same effect as if the user had reapplied. A failure to provide such notice to the Department within 90 days after the user's notification, renders the recipient ineligible to continue in program, subject to reapplication.
11-12-860 Exceptions.
Sections 11-12-030. 11-12-110. 11-12-330, 11-12-480. 11-12-490 and 11-12-510 of this code shall not apply to recipients ofthe water-for-all credits while enrolled in the Water-for-AII Program.
SECTION 3. Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of
