HB4988sam001 102ND GENERAL ASSEMBLY

Sen. Meg Loughran Cappel

Filed: 3/18/2022

10200HB4988sam001 LRB102 25884 CPF 37716 a

AMENDMENT TO HOUSE BILL 4988

AMENDMENT NO. ______. Amend House Bill 4988 by replacing everything after the enacting clause with the following:

"Section 5. The Environmental Protection Act is amended by adding Section 19.11 as follows:

(415 ILCS 5/19.11 new)

Sec. 19.11. Public water supply disruption; notification.

(a) In this Section:

"Disruption event" means any:

(1) change to a disinfection technique, practice, or technology that could change disinfectant levels in the water within a public water supply;

(2) planned or unplanned work on or damage to a water main;

(3) change in a treatment application or source of water that results in an altered finished water quality;

(4) event that results in a public water supply's operating pressure falling below 20 PSI; or

(5) condition that results in the issuance of a boil water order.

"Disruption event" includes, but is not limited to, any water main break, system failure or disruption, equipment failure, chemical or disinfectant treatment interruption, or flooding of a public water supply operator's facilities.

"Health care facility" means a facility, hospital, or establishment licensed or organized under the Ambulatory Surgical Treatment Center Act, the University of Illinois Hospital Act, the Hospital Licensing Act, the Nursing Home Care Act, the Assisted Living and Shared Housing Act, or the Community Living Facilities Licensing Act.

"Health care facility list" means a list enumerating health care facilities and their designees that are served by a public water supply and maintained by a public water supply operator.

"Public water supply" has the same meaning as defined in Section 3.365.

"Public water supply operator" means any of the following entities that are responsible for the direct supervision of a public water supply: a municipality, a private corporation, an individual private owner, or a regularly organized body governed by a constitution and by-laws requiring regular election of officers.

"State agencies" means the Illinois Environmental Protection Agency and the Illinois Department of Public Health.

"Water supply operator" means any individual trained in the treatment or distribution of water who has practical, working knowledge of the chemical, biological, and physical sciences essential to the practical mechanics of water treatment or distribution and who is capable of conducting and maintaining the water treatment or distribution processes of a public water supply, as defined in Section 3.365 of the Environmental Protection Act, in a manner that will provide safe, potable water for human consumption.

(b) A public water supply operator, through its designated employees or contractors, shall notify its public water supply operator and all health care facilities on the public water supply's health care facility list not more than 30 days or fewer than 15 days before any known, planned, or anticipated disruption event. An anticipated disruption event includes for purposes of this subsection (b) any disruption event that could or should be reasonably anticipated by a public water supply operator.

(c) A public water supply operator, through its designated employees or contractors, shall notify its water supply operator and all health care facilities that are served by the public water supply and affected by any unplanned disruption event in the public water supply's water distribution system. The notification required under this subsection (c) shall be provided within 2 hours after the public water supply operator becomes aware of the unplanned disruption event.

(d) A health care facility shall designate an email address to receive electronic notifications from the public water supply operator concerning planned or unplanned disruption events. The email account shall be accessible to the health care facility's designated water management plan administrator and other responsible administrative personnel.

(e) Any planned or unplanned disruption event notification sent to a health care facility under this Section shall also be sent to the State agencies within 5 business days. Notification shall also be posted on the public water supply operator's website that is accessible to the public if such a website existed as of January 1, 2022. A public water supply operator may provide notification to its customers and the public on a social media website rather than posting the required notice on its website if (1) the public water supply operator uses the social media website to regularly communicate with its customers; (2) the social media website is accessible to the general public; and (3) the social media website's use will reduce the timeframe for customer notification. The State agencies shall establish, maintain, and retain a list of notifications received pursuant to this subsection (e).

The notice required under this Section shall include, but shall not be limited to, the following:

(1) a detailed description of the disruption event;

(2) the date, time, and location of the disruption event;

(3) the expected time needed to resolve the disruption event; and

(4) a list of the health care facilities notified by the public water supply operator.

Beginning one year after the effective date of this amendatory Act of the 102nd General Assembly, the State agencies shall make available upon request a list of disruption events, in an electronic format, sorted by the year and month of each occurrence.

Section 99. Effective date. This Act takes effect upon becoming law.".