101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3311

 

Introduced 2/11/2020, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 320/8  from Ch. 111, par. 1107
225 ILCS 320/8.5 new
225 ILCS 320/16  from Ch. 111, par. 1115
225 ILCS 320/19  from Ch. 111, par. 1118
225 ILCS 320/29.6 new
225 ILCS 320/35.5
225 ILCS 320/35.6 new
415 ILCS 5/17.12 new

    Amends the Illinois Plumbing License Law. Provides that each park authority or its designee shall test each source of potable water in each of its public buildings and parks and notify the public of the results. Provides requirements for testing and notification. Provides requirements for requests seeking waiver of testing. Provides that the Director of Public Health shall conduct hearings and impose civil penalties in relation to violations of the provisions concerning lead testing in parks. Provides that schools constructed on or before January 1, 2014 shall conduct testing for lead in water and submit samples to the Illinois Environmental Protection Agency. Amends the Illinois Environmental Protection Act. Provides that the Illinois Environmental Protection Agency shall accept and analyze drinking water samples collected under those provisions of the Illinois Plumbing License Law. Provides that the Agency shall collect a fee for each sample accepted for analysis.


LRB101 20082 SPS 69614 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3311LRB101 20082 SPS 69614 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Plumbing License Law is amended by
5changing Sections 8, 16, 19, and 35.5, and by adding Sections
68.5, 29.6, and 35.6 as follows:
 
7    (225 ILCS 320/8)  (from Ch. 111, par. 1107)
8    Sec. 8. Powers and duties of the Director. The Director
9shall:
10        (1) Prepare forms for application for examination for a
11    plumber's license.
12        (2) Prepare and issue licenses as provided in this Act.
13        (3) With the aid of the Board prescribe rules and
14    regulations for examination of applicants for plumber's
15    licenses.
16        (4) With the aid of the Board prepare and give uniform
17    and comprehensive examinations to applicants for a
18    plumber's license which shall test their knowledge and
19    qualifications in the planning and design of plumbing
20    systems, their knowledge, qualifications, and manual
21    skills in plumbing, and their knowledge of the State's
22    minimum code of standards relating to fixtures, materials,
23    design and installation methods of plumbing systems,

 

 

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1    promulgated pursuant to this Act.
2        (5) Issue a plumber's license and license renewal to
3    every applicant who has passed the examination and who has
4    paid the required license and renewal fee.
5        (6) Prescribe rules for hearings to deny, suspend,
6    revoke or reinstate licenses as provided in this Act.
7        (7) Maintain a current record showing (a) the names and
8    addresses of registered plumbing contractors, licensed
9    plumbers, licensed apprentice plumbers, and licensed
10    retired plumbers, (b) the dates of issuance of licenses,
11    (c) the date and substance of the charges set forth in any
12    hearing for denial, suspension or revocation of any
13    license, (d) the date and substance of the final order
14    issued upon each such hearing, and (e) the date and
15    substance of all petitions for reinstatement of license and
16    final orders on such petitions.
17        (8) Prescribe, in consultation with the Board, uniform
18    and reasonable rules defining what constitutes an approved
19    course of instruction in plumbing, in colleges,
20    universities, or trade schools, and approve or disapprove
21    the courses of instruction offered by such colleges,
22    universities, or trade schools by reference to their
23    compliance or noncompliance with such rules. Such rules
24    shall be designed to assure that an approved course of
25    instruction will adequately teach the design, planning,
26    installation, replacement, extension, alteration and

 

 

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1    repair of plumbing.
2        (9) Conduct hearings and impose civil penalties under
3    Section 29.6 of this Law.
4        Each instructor participating in a program of
5    instruction in plumbing shall be:
6            (a) an Illinois licensed plumber;
7            (b) an individual who possesses a provisional
8        career and technical educator endorsement on an
9        educator license, issued by the State Board of
10        Education pursuant to Section 21B-20 of the School Code
11        in a field related to plumbing, such as hydraulics,
12        pneumatics, or water chemistry; or
13            (c) a representative of an industry or a
14        manufacturing business related to plumbing, including,
15        but not limited to, the copper industry, plastic pipe
16        industry, or cast iron industry. Courses that are
17        taught by industry representatives shall be
18        educational and shall not be sales oriented. Industry
19        representatives shall be assisted by an Illinois
20        licensed plumber during the presentation of a course of
21        instruction.
22        The instructor shall provide verification of the
23    license or certificate. A copy of the instructor's educator
24    license will establish verification.
25(Source: P.A. 99-504, eff. 1-1-17.)
 

 

 

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1    (225 ILCS 320/8.5 new)
2    Sec. 8.5. Rules adopted under this Law. Rules adopted under
3this Law are not subject to paragraph (9) of subsection (a) of
4Section 5-565 of the Civil Administrative Code of Illinois.
 
5    (225 ILCS 320/16)  (from Ch. 111, par. 1115)
6    Sec. 16. (1) Any city, village or incorporated town, having
7a population of 500,000 or more may, by an ordinance containing
8provisions substantially the same as those in this Act and
9specifying educational or experience requirements equivalent
10to those prescribed in this Act, provide for a board of
11plumbing examiners to conduct examinations for, and to issue,
12suspend, or revoke, plumbers' licenses, within such city,
13village or incorporated town. Upon the enactment of such
14ordinance the licensing provisions of this act shall not apply
15within any such municipality except as otherwise provided
16herein.
17    (2) Any person licensed as a plumber pursuant to such
18ordinance, or licensed by the Department under this Act, may
19engage in plumbing anywhere in this State.
20    (3) Any board of plumbing examiners created pursuant to
21this Section shall maintain a current record similar to that
22required of the Director by Section 8 of this Act, and shall
23provide the Department with a copy thereof. The Department
24shall be advised of changes in such record at least every six
25months.

 

 

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1    (4) In the event that the plumbing contractor's license is
2suspended or revoked by any city, village, or incorporated
3town, having a population of 500,000 or more, the city,
4village, or incorporated town shall notify the Department.
5    (5) Any city, village, or incorporated town having a
6population of 500,000 or more that licenses an individual as a
7plumber shall provide a license composed of a solid plastic
8card that includes a photo of the licensed plumber printed
9directly on the card. An applicant who is 21 years of age or
10older seeking a religious exemption to the photo requirement of
11this subsection shall furnish with his or her application an
12approved copy of United States Department of the Treasury
13Internal Revenue Service Form 4029. Regardless of age, an
14applicant seeking a religious exemption to this photo
15requirement shall submit fingerprints in a form and manner
16prescribed by the city, village, or incorporated town with his
17or her application in lieu of a photo.
18(Source: P.A. 97-365, eff. 1-1-12; 97-1137, eff. 6-1-13;
1998-848, eff. 1-1-15.)
 
20    (225 ILCS 320/19)  (from Ch. 111, par. 1118)
21    Sec. 19. The Director, after notice and opportunity for
22hearing to the applicant, license holder, or registrant, may
23deny, suspend, or revoke a license or registration in any case
24in which he or she finds that there has been a substantial
25failure to comply with the provisions of this Act or the

 

 

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1standards, rules, and regulations established under this Act or
2failure to pay any fee or fine imposed by the Department.
3    The Director, after notice and opportunity for hearing, may
4assess civil penalties to any person for violations of this Law
5or the rules adopted under this Law. Notice shall be provided
6by certified mail or by personal service setting forth the
7particular reasons for the proposed action and fixing a date,
8not less than 20 days from the date of the mailing or service,
9within which time the person, applicant, or license holder must
10request in writing a hearing. Failure to serve upon the
11Department a request for hearing in writing within the time
12provided in the notice shall constitute a waiver of the
13person's right to an administrative hearing.
14    The hearing shall be conducted by the Director or by an
15individual designated in writing by the Director as a hearing
16officer to conduct the hearing. The Director or hearing officer
17shall give written notice of the time and place of the hearing,
18by certified mail or personal service, to the person,
19applicant, license holder, or registrant at least 10 days prior
20to the hearing. On the basis of the hearing, or upon default of
21the applicant, license holder, or registrant, the Director
22shall make a determination specifying his or her findings and
23conclusions. A copy of the determination shall be sent by
24certified mail or served personally upon the person, applicant,
25license holder, or registrant. The decision of the Director
26shall be final on issues of fact and final in all respects

 

 

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1unless judicial review is sought as provided in this Act.
2    The procedure governing hearings authorized by this
3Section shall be in accordance with rules promulgated by the
4Department. A full and complete record shall be kept of all
5proceedings, including the notice of hearing, complaint, and
6all other documents in the nature of pleadings, written motions
7filed in the proceedings, and the report and orders of the
8Director and hearing officer.
9    The Department at its expense shall provide a court
10reporter to take testimony. Technical error in the proceedings
11before the Department or hearing officer or their failure to
12observe the technical rules of evidence shall not be grounds
13for the reversal of any administrative decision unless it
14appears to the Court that such error or failure materially
15affects the rights of any party and results in substantial
16injustice to them.
17    The Department or hearing officer, or any parties in an
18investigation or hearing before the Department, may cause the
19depositions of witnesses within the State to be taken in the
20manner prescribed by law for depositions in civil actions in
21courts of this State, and compel the attendance of witnesses
22and the production of books, papers, records, or memoranda.
23    The Department shall not be required to certify any record
24to the Court or file any answer in Court or otherwise appear in
25any Court in a judicial review proceeding, unless there is
26filed in the Court with the complaint a receipt from the

 

 

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1Department acknowledging payment of the costs of furnishing and
2certifying the record. Such cost shall be paid by the party
3requesting a copy of the record. Failure on the part of the
4person requesting a copy of the record to pay the cost shall be
5grounds for dismissal of the action.
6(Source: P.A. 91-678, eff. 1-26-00.)
 
7    (225 ILCS 320/29.6 new)
8    Sec. 29.6. Civil penalties for violations. Any person who
9violates any provision of this Law or any rule or plumbing code
10adopted under this Law shall, in addition to any other penalty
11provided in this Law, be subject to a civil penalty of $100 per
12day, per violation. Civil penalties collected under this
13Section shall be deposited into the Plumbing Licensure and
14Program Fund. This Section shall not apply to Sections 35.5 and
1535.6.
 
16    (225 ILCS 320/35.5)
17    Sec. 35.5. Lead in drinking water prevention.
18    (a) The General Assembly finds that lead has been detected
19in the drinking water of schools in this State. The General
20Assembly also finds that infants and young children may suffer
21adverse health effects and developmental delays as a result of
22exposure to even low levels of lead. The General Assembly
23further finds that it is in the best interests of the people of
24the State to require school districts or chief school

 

 

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1administrators, or the designee of the school district or chief
2school administrator, to test for lead in drinking water in
3school buildings and provide written notification of the test
4results.
5    The purpose of this Section is to require (i) school
6districts or chief school administrators, or the designees of
7the school districts or chief school administrators, to test
8for lead with the goal of providing school building occupants
9with an adequate supply of safe, potable water; and (ii) school
10districts or chief school administrators, or the designees of
11the school districts or chief school administrators, to notify
12the parents and legal guardians of enrolled students of the
13sampling results from their respective school buildings.
14    (b) For the purposes of this Section:
15    "Community water system" has the meaning provided in 35
16Ill. Adm. Code 611.101.
17    "School building" means any facility or portion thereof
18that was constructed on or before January 1, 2000 and may be
19occupied by more than 10 children or students, pre-kindergarten
20through grade 5, under the control of (a) a school district or
21(b) a public, private, charter, or nonpublic day or residential
22educational institution.
23    "Source of potable water" means the point at which
24non-bottled water that may be ingested by children or used for
25food preparation exits any tap, faucet, drinking fountain, wash
26basin in a classroom occupied by children or students under

 

 

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1grade 1, or similar point of use; provided, however, that all
2(a) bathroom sinks and (b) wash basins used by janitorial staff
3are excluded from this definition.
4    (c) Each school district or chief school administrator, or
5the designee of each school district or chief school
6administrator, shall test each source of potable water in a
7school building for lead contamination as required in this
8subsection.
9        (1) Each school district or chief school
10    administrator, or the designee of each school district or
11    chief school administrator, shall, at a minimum, (a)
12    collect a first-draw 250 milliliter sample of water, (b)
13    flush for 30 seconds, and (c) collect a second-draw 250
14    milliliter sample from each source of potable water located
15    at each corresponding school building; provided, however,
16    that to the extent that multiple sources of potable water
17    utilize the same drain, (i) the foregoing collection
18    protocol is required for one such source of potable water,
19    and (ii) only a first-draw 250 milliliter sample of water
20    is required from the remaining such sources of potable
21    water. The water corresponding to the first-draw 250
22    milliliter sample from each source of potable water shall
23    have been standing in the plumbing pipes for at least 8
24    hours, but not more than 18 hours, without any flushing of
25    the source of potable water before sample collection.
26        (2) Each school district or chief school

 

 

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1    administrator, or the designee of each school district or
2    chief school administrator, shall arrange to have the
3    samples it collects pursuant to subdivision (1) of this
4    subsection submitted to a laboratory that is certified for
5    the analysis of lead in drinking water in accordance with
6    accreditation requirements developed by a national
7    laboratory accreditation body, such as the National
8    Environmental Laboratory Accreditation Conference (NELAC)
9    Institute (TNI). Samples submitted to laboratories
10    pursuant to this subdivision (2) shall be analyzed for lead
11    using one of the test methods for lead that is described in
12    40 CFR 141.23(k)(1). Within 7 days after receiving a final
13    analytical result concerning a sample collected pursuant
14    to subdivision (1) of this subsection, the school district
15    or chief school administrator, or a designee of the school
16    district or chief school administrator, that collected the
17    sample shall provide the final analytical result to the
18    Department.
19        (3) If any of the samples taken in the school exceed 5
20    parts per billion, the school district or chief school
21    administrator, or the designee of the school district or
22    chief school administrator, shall promptly provide an
23    individual notification of the sampling results, via
24    written or electronic communication, to the parents or
25    legal guardians of all enrolled students and include the
26    following information: the corresponding sampling location

 

 

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1    within the school building and the United States
2    Environmental Protection Agency's website for information
3    about lead in drinking water. If any of the samples taken
4    at the school are at or below 5 parts per billion,
5    notification may be made as provided in this paragraph or
6    by posting on the school's website.
7        (4) Sampling and analysis required under this Section
8    shall be completed by the following applicable deadlines:
9    for school buildings constructed prior to January 1, 1987,
10    by December 31, 2017; and for school buildings constructed
11    between January 2, 1987 and January 1, 2000, by December
12    31, 2018.
13        (5) A school district or chief school administrator, or
14    the designee of the school district or chief school
15    administrator, may seek a waiver of the requirements of
16    this subsection from the Department, if (A) the school
17    district or chief school administrator, or the designee of
18    the school district or chief school administrator,
19    collected at least one 250 milliliter or greater sample of
20    water from each source of potable water that had been
21    standing in the plumbing pipes for at least 6 hours and
22    that was collected without flushing the source of potable
23    water before collection, (B) a laboratory described in
24    subdivision (2) of this subsection analyzed the samples in
25    accordance with a test method described in that
26    subdivision, (C) test results were obtained prior to the

 

 

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1    effective date of this amendatory Act of the 99th General
2    Assembly, but after January 1, 2013, and (D) test results
3    were submitted to the Department within 120 days of the
4    effective date of this amendatory Act of the 99th General
5    Assembly.
6        (6) The owner or operator of a community water system
7    may agree to pay for the cost of the laboratory analysis of
8    the samples required under this Section and may utilize the
9    lead hazard cost recovery fee under Section 11-150.1-1 of
10    the Illinois Municipal Code or other available funds to
11    defray said costs.
12        (7) Lead sampling results obtained shall not be used
13    for purposes of determining compliance with the Board's
14    rules that implement the national primary drinking water
15    regulations for lead and copper.
16    (d) Schools constructed on or before January 1, 2014 shall
17conduct testing for lead in water in accordance with this
18Section and the rules adopted by the Department and shall
19submit samples to the Illinois Environmental Protection Agency
20Laboratory in a manner prescribed by the Illinois Environmental
21Protection Agency. By no later than June 30, 2019, the
22Department shall determine whether it is necessary and
23appropriate to protect public health to require schools
24constructed in whole or in part after January 1, 2000 to
25conduct testing for lead from sources of potable water, taking
26into account, among other relevant information, the results of

 

 

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1testing conducted pursuant to this Section.
2    (e) Within 90 days of the effective date of this amendatory
3Act of the 99th General Assembly, the Department shall post on
4its website guidance on mitigation actions for lead in drinking
5water, and ongoing water management practices, in schools. In
6preparing such guidance, the Department may, in part, reference
7the United States Environmental Protection Agency's 3Ts for
8Reducing Lead in Drinking Water in Schools.
9(Source: P.A. 99-922, eff. 1-17-17; 100-103, eff. 8-11-17.)
 
10    (225 ILCS 320/35.6 new)
11    Sec. 35.6. Lead in drinking water prevention in parks.
12    (a) For the purposes of this Section:
13    "Park" means a tract of land that often includes lawns,
14woodlands, or pastures that is used for recreation and is
15maintained as a public property and any public buildings or
16structures located thereupon.
17    "Park authority" means the person or entity in control and
18in responsible charge of any recreation area, municipal park,
19forest preserve, museum, or district organized under any one or
20more of the following: the Park District Code, the Chicago Park
21District Act, the Park District Historical Museum Act, the Park
22District Aquarium and Museum Act, the Metro-East Park and
23Recreation District Act, the Museum District Act, the Downstate
24Forest Preserve District Act, the Cook County Forest Preserve
25District Act, the Forest Preserve Botanic Gardens Act, or the

 

 

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1Forest Preserve Zoological Parks Act.
2    "Source of potable water" means any point from which water
3is dispensed and may be either ingested by a child who is under
4the age of 7 or used for the preparation of food. "Source of
5potable water" includes drinking fountains and all other
6faucets and taps not excluded from this definition. "Source of
7potable water" does not include wash basins used exclusively by
8janitorial staff, bathroom sinks, showers, or any outdoor
9fixtures typically used for maintenance or watering plants.
10    (b) Each park authority, or its designee, shall test each
11source of potable water in each of its public buildings and
12parks as required in this Section and notify the public
13according to the following requirements:
14        (1) Each park authority, or its designee, shall, at a
15    minimum, in a new, certified 250 milliliter container,
16    collect a first-draw 250 milliliter sample of water and
17    send the sample to a certified laboratory for analysis for
18    lead. Sampling, collection, and submission of samples to a
19    laboratory may be completed by any contractor or other
20    worker designated by the park authority. Each park
21    authority may submit samples to the Illinois Environmental
22    Protection Agency pursuant to Section 17.2 of the
23    Environmental Protection Act. Before sampling, the water
24    from each source of potable water shall have been standing
25    in the plumbing pipes for at least 8 hours, but not more
26    than 18 hours, without any flushing of the source of

 

 

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1    potable water before sample collection. Analysis shall be
2    completed by January 1, 2023.
3        (2) Laboratory test results for any sample taken under
4    this subsection received by the park authority or its
5    designee shall be provided to the public on the park
6    authority's website or on the social media accounts
7    maintained by the park authority or by a physical posting
8    in a conspicuous location at the corresponding public
9    building or park and to the Department of Public Health.
10    The public notifications shall include the following
11    information: (A) the corresponding sampling location
12    within the public building or park, (B) the actual test
13    results for each location sampled, and (C) the Department's
14    website for information about lead in drinking water.
15        (3) A park authority shall be given a waiver of the
16    testing requirements of this Section if testing identical
17    or equivalent to that required by this Section has been
18    performed prior to the effective date of this amendatory
19    Act of the 101st General Assembly. Waivers may be obtained
20    by submitting to the Department testing results that use
21    testing procedures outlined in this Act or equivalent
22    procedures.
23    (c) The Department shall adopt rules that prescribe the
24procedures and standards to be used by the Department in
25assessing levels of lead in water in parks that serve children
26under the age of 7 and public buildings and parks operated by a

 

 

SB3311- 17 -LRB101 20082 SPS 69614 b

1park district, municipal park, forest preserve, museum, or
2recreation agency. Such rules shall, at a minimum, establish
3compliance schedules, the procedure for submission of
4analytical results to the Department, testing parameters,
5remediation requirements, and validation for remediation. The
6rules shall be complete within one year after the effective
7date of this amendatory Act of the 101st General Assembly.
8    Lead sampling results obtained under this Section shall not
9be used for determining compliance with the Pollution Control
10Board's rules implementing the national primary drinking water
11regulations for lead and copper.
 
12    Section 10. The Environmental Protection Act is amended by
13adding Section 17.12 as follows:
 
14    (415 ILCS 5/17.12 new)
15    Sec. 17.12. Lead testing fee.
16    (a) The Agency shall accept drinking water samples
17collected under Sections 35.5 or 35.6 of the Illinois Plumbing
18License Law. The Agency shall analyze each collected sample
19and, within 30 days after completing its analysis, shall report
20the test results to the Department of Public Health and the
21person who submitted the sample to the Agency.
22    (b) The Agency shall collect up to a $20 lead testing fee
23for each sample accepted for analysis under this Section. Fees
24collected by the Agency under this Section shall be deposited

 

 

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1into the Community Water Supply Laboratory Fund and used by the
2Agency for the purposes of providing services under this
3Section and Section 17.7.
4    (c) The Agency may adopt any rules necessary to control the
5order in which samples are submitted to it for analysis under
6this Section and any other rules necessary to implement this
7Section.