HB4804 103RD GENERAL ASSEMBLY

LRB103 35814 LNS 65899 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4804

Introduced 2/6/2024, by Rep. Nabeela Syed

SYNOPSIS AS INTRODUCED:

415 ILCS 5/19.11

Amends the Environmental Protection Act. Allows a public water distribution entity to use contact information in its possession that it obtained before an unplanned disruption event in a public water supply in order to inform its customers of the unplanned disruption event, regardless of whether consent is expressly given to use the information for that purpose. Defines "unplanned disruption event in a public water supply".

A BILL FOR

AN ACT concerning safety.

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

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

(415 ILCS 5/19.11)

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, including each instance of any change in the concentration of any disinfectant in the water of a public water supply that results in residual concentrations of the disinfectant in the water either exceeding 50% or falling below 20% of the monthly average concentration of disinfectant reported to the Agency in a public water distribution entity's most recent monthly submission of Daily Operating Reports;

(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.

"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 distribution entity.

"Public water distribution entity" 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.

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

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

"Unplanned disruption event in a public water supply" means any unplanned:

(1) change to a disinfection technique, practice, or technology, including each instance of any change in the concentration of any disinfectant in the water of a public water supply that results in residual concentrations of the disinfectant in the water either exceeding 50% or falling below 20% of the monthly average concentration of disinfectant reported to the Agency in a public water distribution entity's most recent monthly submission of Daily Operating Reports;

(2) 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.

"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 in a manner that will provide safe, potable water for human consumption.

(b) A public water distribution entity, through its designated employees or contractors, shall notify its water supply operator and all affected health care facilities on the public water supply's health care facility list not less than 14 days before any known, planned, or anticipated disruption event. An anticipated disruption event includes for purposes of this subsection any disruption event that could or should be reasonably anticipated by a public water distribution entity.

(c) A public water distribution entity, through its designated employees or contractors, shall notify its water supply operator and all affected 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 shall be provided within 2 hours after the public water distribution entity 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 distribution entity 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 via email to the email addresses designated by the State agencies within 5 business days. The State agencies shall establish, maintain, and retain a list of notifications received pursuant to this subsection.

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 distribution entity.

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.

(f) A public water distribution entity may use contact information in its possession, including phone numbers, email addresses, and residential addresses, that it obtained before an unplanned disruption event in a public water supply in order to inform its customers of the unplanned disruption event, regardless of whether consent is expressly given to use the information for that purpose.

(Source: P.A. 102-960, eff. 5-27-22.)