HB2322 103RD GENERAL ASSEMBLY

LRB103 27729 CPF 54106 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2322

Introduced 2/14/2023, by Rep. Edgar Gonzalez, Jr.

SYNOPSIS AS INTRODUCED:

New Act

Creates the Water Reuse Task Force Act. Contains the General Assembly's findings. Creates the Water Reuse Task Force. Requires the Environmental Protection Agency to provide administrative and other support to the Task Force. Specifies voting and nonvoting members of the Task Force. Contains provisions regarding the Task Force's duties and reporting responsibilities. Requires the Task Force to recommend specified changes to administrative rules and to provide the recommendations to relevant State agencies. Provides that the Act is repealed on June 31, 2032. Contains other provisions. Effective June 1, 2024.

A BILL FOR

AN ACT concerning safety.

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

Section 1. Short title. This Act may be cited as the Water Reuse Task Force Act.

Section 5. Findings. The General Assembly finds that:

(1) The Illinois Nutrient Loss Reduction Strategy details methods to improve water quality in Illinois and in areas downstream from Illinois to reduce the Gulf of Mexico's hypoxic zone.

(2) The Illinois Nutrient Loss Reduction Strategy sets a long-term goal of reducing nutrient loading of Illinois waters by 45% from their baseline levels by slashing nitrogen loading of those waters by 15% and phosphorus loading of those waters by 25% by no later than 2025.

(3) The main contributors to elevated nutrient loading of Illinois waters are agriculture, point sources, and urban stormwater.

(4) Impacts stemming from increased greenhouse gas emissions after the advent of the Anthropocene epoch have led to severe and unpredictable weather in Illinois and worldwide.

(5) These changes in climate and weather patterns have and will continue to increase the risk of droughts and flooding in Illinois.

(6) If Illinois maintains the current status quo, weather unpredictability will likely require greater reliance on water being sourced from groundwater and Lake Michigan.

(7) Despite Illinois' substantial water resources, groundwater levels across Illinois have been dropping from their historic norms, especially in Cook County, DuPage County, Kane County, Kendall County, and Will County.

(8) Due to a partial exemption from the water withdrawal limits set forth in the Great Lakes Compact, the People of Illinois are limited to withdrawing 2.1 billion gallons of water per day from Lake Michigan, without any potential for the rate of withdrawal to be increased. In 2020, Illinois withdrew 1.5 billion gallons of water from Lake Michigan per day, most of which was used by public water supplies.

(9) A ban on withdrawing water from any water source without justification by scientific analysis could result in a substantial cost being borne by the People of Illinois and could create an unnecessary risk to water security in the State.

Section 10. Definitions. In this Act:

"Agency" means the Environmental Protection Agency.

"Director" means the Director of the Agency.

"Task Force" means the Water Reuse Task Force created under subsection (a) of Section 15.

"Water reuse" means the use of treated wastewater as potable or nonpotable water, as indicated.

Section 15. Water Reuse Task Force; members.

(a) The Water Reuse Task Force is hereby created. The Agency shall provide administrative and other support to the Task Force.

(b) The Task Force shall be composed of voting and nonvoting members, who shall serve without compensation:

(1) the voting members shall be appointed as follows:

(A) one member representing the Agency, who shall serve as the Chair of the Task Force, appointed by the Director or the Director's designated representative;

(B) one member representing the Department of Natural Resources, appointed by the Director or the Director's designated representative;

(C) one member representing the Department of Public Health, appointed by the Director or the Director's designated representative;

(D) one member representing the Department of Agriculture who has expertise in irrigation and nonpoint source pollution, appointed by the Director or the Director's designated representative;

(E) one member representing the University of Illinois Extension, appointed by the Director of the University of Illinois Extension;

(F) one member representing the Metropolitan Water Reclamation District of Greater Chicago, appointed by the President of the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago or the President's designated representative;

(G) one member representing a national water reuse nongovernmental organization, appointed by the Governor;

(H) four members representing national nongovernmental organizations whose purpose necessitates knowledge of other states' water reuse practices and how those states' water reuse rules were adopted, one of whom shall be appointed by the Speaker of the House of Representatives, one of whom shall be appointed by the Minority Leader of the House of Representatives, one of whom shall be appointed by the President of the Senate, and one of whom shall be appointed by the Minority Leader of the Senate;

(I) one member representing an Illinois pipefitters' union, appointed by the Governor; and

(J) one member representing an Illinois plumbers' union, appointed by the Governor; and

(2) the nonvoting members shall be appointed as follows:

(A) one member representing the State's largest general farm organization, appointed by the Governor;

(B) one member who represents an Illinois county with a population under 100,000 that participates in the State's largest general farm organization, appointed by the Governor;

(C) one member who represents an Illinois county with a population of at least 100,000 and at most 500,000 that participates in the State's largest general farm organization, appointed by the Governor;

(D) one member who represents an Illinois county with a population over 500,000 that participates in the State's largest general farm organization, appointed by the Governor;

(E) one member representing an Illinois Soil and Water Conservation District in an Illinois county with a population under 100,000, appointed by the Governor;

(F) one member representing an Illinois Soil and Water Conservation District in an Illinois county with a population of at least 100,000 and at most 500,000, appointed by the Governor; and

(G) one member representing an Illinois Soil and Water Conservation District in an Illinois county with a population over 500,000, appointed by the Governor.

Section 20. Task Force duties; reporting requirements.

(a) The Task Force shall:

(1) explore the most effective means, best practices, and incentives that may be used to achieve greater water reuse in Illinois;

(2) collaborate, as necessary, with the following entities:

(A) the Department of Natural Resources' State Water Plan Task Force;

(B) the following working groups that participate in the implementation of the Illinois Nutrient Loss Reduction Strategy:

(i) the Illinois Nutrient Loss Reduction Strategy Steering Committee;

(ii) the Policy Working Group;

(iii) the Agriculture Water Quality Partnership Forum;

(iv) the Urban Stormwater Working Group;

(v) the Nutrient Monitoring Council;

(vi) the Performance Benchmark Committee; and

(vii) the Communication Subgroup; and

(C) similar entities in this State or other states or in the federal government; and

(3) develop a policy framework to:

(A) better meet the Illinois Nutrient Loss Reduction Strategy's objective of improving water quality in Illinois and in areas downstream from Illinois to reduce the Gulf of Mexico's hypoxic zone;

(B) address ways that the State can meet the Illinois Nutrient Loss Reduction Strategy's long-term goal of reducing the total loading of phosphorus and nitrogen in Illinois waters by 45% and the intermediate goals of reducing the total loading of nitrogen in Illinois waters by 15% and the total loading of phosphorus in Illinois waters by 25% by 2025;

(C) advance water reuse as a drought-proof, cost-stable alternative water source to build climate resilience for Illinois industries through a technical assistance program offering advocacy, education, and training, a sustainability certification or award program, or tax incentives, such as tax increment financing; and

(D) assess the impact of water reuse on the affordability of water and on water resources by reserving groundwater for use as potable water and advancing potable water reuse.

(b) The Task Force shall present, in a manner determined by the Task Force, its findings on the following topics to the General Assembly during each calendar year indicated:

(1) for calendar year 2025, the Task Force shall report its findings regarding nonpotable water reuse for industrial and residential purposes;

(2) for calendar year 2026, the Task Force shall report its findings regarding nonpotable water reuse for irrigation purposes and potable water reuse for recharging aquifers and surface water source blending;

(3) for calendar year 2027, the Task Force shall report its findings regarding potable water reuse for direct human consumption; and

(4) for each calendar year of 2028 through 2031, the Task Force shall prepare a summary report of actions taken by the Task Force and any recommendations of the Task Force.

Section 25. Recommended revisions of administrative rules.

(a) The Task Force shall compile a report that includes:

(1) recommended revisions to the Illinois Administrative Code, including, but not limited to, 35 Ill. Adm. Code 604.200, 35 Ill. Adm. Code 611.231, and the Plumbing Code, to remove ambiguity regarding whether wastewater can be used for water reuse;

(2) recommended revisions to the Illinois Administrative Code and an evaluation of water projects regarding groundwater depletion, climate resilience, and nutrient pollution reduction;

(3) recommended rules to be adopted by relevant State agencies to increase the following within the timeframe indicated:

(A) nonpotable water reuse for irrigation within 3 years after publication of the report;

(B) nonpotable water reuse for industrial purposes within 2 years after publication of the report;

(C) nonpotable water reuse for residential purposes within 2 years after publication of the report;

(D) potable water reuse for recharging aquifers within 3 years after publication of the report;

(E) potable water reuse for surface water source blending within 3 years after publication of the report; and

(F) direct potable water reuse for human consumption within 4 years after publication of the report; and

(4) recommended revisions to administrative rules recommended by the Task Force to clarify that any determination of a best source for water must be based on measurable qualities of water.

Once completed, the Task Force shall provide the report described in this subsection to the Agency, the Pollution Control Board, the Department of Public Health, and any other State agency recommended by the Task Force to revise administrative rules under paragraph (1), (2), (3), or (4).

(b) A State agency that receives the report under subsection (a) shall review the report and may implement any recommended revisions to administrative rules.

Section 30. Recommended programs. Subject to appropriation, and for the purpose of showing compliance with federal laws, rules, and regulations regarding lead and copper that may become necessary, the Task Force shall compile a list of programs recommended by the Task Force, including, but not limited to, source water studies and corrosion control demonstrations relating to water reuse. The Task Force shall provide the list to any person or entity upon request.

Section 90. Repeal. This Act is repealed on June 31, 2032.

Section 99. Effective date. This Act takes effect June 1, 2024.