Sen. Melinda Bush

Filed: 4/9/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1168

2    AMENDMENT NO. ______. Amend Senate Bill 1168 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the Lead Service
5Line Replacement and Notification Act.
 
6    Section 5. The Department of Commerce and Economic
7Opportunity Law of the Civil Administrative Code of Illinois
8is amended by adding Section 605-870 as follows:
 
9    (20 ILCS 605/605-870 new)
10    Sec. 605-870. Low-income water assistance policy and
11program.
12    (a) The Department shall by rule establish a comprehensive
13low-income water assistance policy and program that
14incorporates financial assistance and includes, but is not
15limited to, water efficiency or water quality projects, such

 

 

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1as lead service line replacement, or other measures to ensure
2that residents have access to affordable and clean water. The
3policy and program shall not jeopardize the ability of public
4utilities, community water supplies,or other entities to
5receive just compensation for providing services. The
6resources applied in achieving the policy and program shall be
7coordinated and efficiently used through the integration of
8public programs and through the targeting of assistance. The
9rule or rules shall be adopted within 180 days after receiving
10an appropriation for the program.
11    (b) Any person who is a resident of the State and whose
12household income is not greater than an amount determined
13annually by the Department may apply for assistance under this
14Section in accordance with rules adopted by the Department. In
15setting the annual eligibility level, the Department shall
16consider the amount of available funding and may not set a
17limit higher than 150% of the poverty guidelines updated
18periodically in the Federal Register by the U.S. Department of
19Health and Human Services under the authority of 42 U.S.C.
209902(2).
21    (c) Applicants who qualify for assistance under subsection
22(b) shall, subject to appropriation from the General Assembly
23and availability of funds by the Department, receive
24assistance as provided under this Section. The Department,
25upon receipt of moneys authorized under this Section for
26assistance, shall commit funds for each qualified applicant in

 

 

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1an amount determined by the Department. In determining the
2amounts of assistance to be provided to or on behalf of a
3qualified applicant the Department shall ensure that the
4highest amounts of assistance go to households with the
5greatest water costs in relation to household income. The
6Department may consider factors such as water costs, household
7size,household income, and region of the State when
8determining individual household benefits. In adopting rules
9for the administration of this Section, the Department shall
10ensure that a minimum of one-third of the funds for the program
11are available for benefits to eligible households with the
12lowest incomes and that elderly households, households with
13persons with disabilities, and households with children under
146 years of age are offered a priority application period.
15    (d) Application materials for the program shall be made
16available in multiple languages.
 
17    Section 10. The Environmental Protection Act is amended by
18adding Section 17.12 as follows:
 
19    (415 ILCS 5/17.12 new)
20    Sec. 17.12. Lead service line replacement and
21notification.
22    (a) The purpose of this Act is to: (1) require the owners
23and operators of community water supplies to develop,
24implement, and maintain a comprehensive water service line

 

 

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1material inventory and a comprehensive lead service line
2replacement plan, provide notice to occupants of potentially
3affected buildings before any construction or repair work on
4water mains or lead service lines, and request access to
5potentially affected buildings before replacing lead service
6lines; and (2) prohibit partial lead service line
7replacements.
8    (b) The General Assembly finds and declares that:
9        (1) There is no safe level of exposure to heavy metal
10    lead, as found by the United States Environmental
11    Protection Agency and the Center for Disease Control.
12        (2) Lead-based plumbing, including service lines, can
13    convey this harmful substance to the drinking water
14    supply.
15        (3) According to the Illinois Environmental Protection
16    Agency's 2018 Service Line Material Inventory, the State
17    of Illinois is estimated to have over 680,000 lead-based
18    service lines still in operation.
19        (4) The true number of lead service lines is not fully
20    known because Illinois lacks an adequate inventory of lead
21    service lines.
22        (5) For the general health, safety and welfare of its
23    residents, all lead service lines in Illinois should be
24    disconnected from the drinking water supply, and the
25    State's drinking water supply.
26    (c) In this Section:

 

 

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1    "Advisory Board" means the Lead Service Line Replacement
2Advisory Board created under subsection (y).
3    "Community water supply" has the meaning ascribed to it in
4Section 3.145 of this Act.
5    "Department" means the Department of Public Health.
6    "Emergency repair" means any unscheduled water main, water
7service, or water valve repair or replacement that results
8from failure or accident.
9    "Lead service line" means a service line made of lead or
10service line connected to a lead pigtail, lead gooseneck, or
11other lead fitting.
12    "Low income community" means any population census tract
13where the median income does not exceed 80% of the area median
14income, adjusted for family size and revised every 2 years.
15    "Material inventory" means a water service line material
16inventory developed by a community water supply pursuant to
17this Act.
18    "Noncommunity water supply" has the meaning ascribed to it
19in Section 3.145 of the Environmental Protection Act.
20    "NSF/ANSI Standard" means a water treatment standard
21developed by NSF International.
22    "Owner or operator of a public water supply" means any of
23the following entities:
24        (1) a public utility that regularly provides water and
25    is under the jurisdiction of the Illinois Commerce
26    Commission;

 

 

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1        (2) a water district, including, but not limited to, a
2    public water district, water service district, or surface
3    water protection district established as a special
4    district under the laws of this State, that regularly
5    provides water or sewer service;
6        (3) a waterworks system established under the Township
7    Code that regularly provides water service;
8        (4) a water system owned by a municipality that
9    regularly provides water service; and
10        (5) any other entity that is not a public utility that
11    regularly provides water service.
12    "Partial lead service line replacement" means replacement
13of only a portion of a lead service line.
14    "Potentially affected building" means any building that is
15provided water service through a service line that is either a
16lead service line or a suspected lead service line.
17    "Public water supply" has the meaning ascribed to it in
18Section 3.365 of this Act.
19    "Service line" means the piping, tubing, and necessary
20appurtenances acting as a conduit from the water main or
21source of potable water supply to the building plumbing at the
22first shut-off valve or 18 inches inside the building,
23whichever is shorter.
24    "Suspected lead service line" means a line that a
25community water supply finds more likely than not to be made of
26lead after completing the requirements under paragraphs (2)

 

 

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1through (5) of subsection (h).
2    "Small system" means a community water supply that
3regularly serves water to 3,300 or fewer persons.
4    (d) An owner or operator of a community water supply
5shall:
6        (1) develop an initial material inventory and submit
7    the material inventory electronically to the Agency by
8    April 15, 2022;
9        (2) update its material inventory and submit the
10    updated material inventory electronically to the Agency by
11    April 15, 2023; and
12        (3) deliver a complete material inventory to the
13    Agency no later than April 15, 2024, or such time as
14    required by federal law, whichever is sooner. The complete
15    inventory shall report the composition of all service
16    lines in the community water supply's distribution system.
17    (e) The Agency shall review each material inventory
18submitted to it under subsection (d). If the Agency determines
19that a community water supply is making substantial progress
20toward characterizing the materials of all service lines
21connected to its distribution system, with a priority on
22identifying all lead service lines connected to its
23distribution system, then the Agency shall approve the
24material inventory.
25    (f) If a community water supply does not deliver a
26complete inventory to the Agency by April 15, 2024 pursuant to

 

 

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1paragraph (3) of subsection (d), the community water supply
2may apply for an extension to the Agency. The Agency shall
3develop criteria for granting material inventory extensions.
4When considering requests for extension, the Agency shall, at
5a minimum, consider:
6        (1) the number of service connections in a water
7    supply;
8        (2) the staff capacity and financial condition of the
9    community;
10        (3) the number of service lines of an unknown material
11    composition; and
12        (4) other criteria as determined by the Agency in
13    consultation with the Lead Service Line Replacement
14    Advisory Board created under subsection (y).
15    This subsection (f) shall be null and void if it conflicts
16with federal lead service line replacement inventory
17requirements.
18    (g) A material inventory prepared for a community water
19supply under subsection (d) shall identify:
20        (1) the total number of service lines connected to the
21    community water supply's distribution system;
22        (2) the materials of construction of each service line
23    connected to the community water supply's distribution
24    system;
25        (3) the number of suspected lead service lines that
26    were newly identified in the material inventory for the

 

 

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1    community water supply after the community water supply
2    last submitted a service line inventory to the Agency; and
3        (4) the number of suspected or known lead service
4    lines that were replaced after the community water supply
5    last submitted a service line inventory to the Agency, and
6    the material of the service line that replaced each lead
7    service line.
8    When identifying the materials of construction under
9paragraph (2) of this subsection, the owner or operator of the
10community water supply shall identify the type of construction
11material used on the customer's side of the curb box, meter, or
12other line of demarcation and the community water supply's
13side of the curb box, meter, or other line of demarcation.
14    (h) In completing a material inventory under subsection
15(d), the owner or operator of a community water supply shall:
16        (1) prioritize inspections of high-risk areas
17    identified by the community water supply and inspections
18    of high-risk facilities, such as preschools, day care
19    centers, day care homes, group day care homes, parks,
20    playgrounds, hospitals, and clinics, and confirm service
21    line materials in those areas and at those facilities;
22        (2) review historical documentation, such as
23    construction logs or cards, as-built drawings, purchase
24    orders, and subdivision plans, to determine service line
25    material construction;
26        (3) when conducting distribution system maintenance,

 

 

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1    visually inspect service lines and document materials of
2    construction;
3        (4) identify any time period when the service lines
4    being connected to its distribution system were primarily
5    lead service lines, if such a time period is known or
6    suspected; and
7        (5) discuss service line repair and installation with
8    its employees, contractors, plumbers, other workers who
9    worked on service lines connected to its distribution
10    system, or all of the above.
11    (i) The owner or operator of each community water supply
12shall maintain records of persons who refuse to grant access
13to the interior of a building for purposes of identifying the
14materials of construction of a service line. If a community
15water supply has been denied access to the interior of a
16building for that reason, then the community water supply may
17identify the service line as a suspected lead service line.
18    (j) If a community water supply identifies a lead service
19line connected to a building, the owner or operator of the
20community water supply shall notify the owner of the building
21and all occupants of the building of the existence of the lead
22service line within 15 days after identifying the lead service
23line, or as soon as is reasonably possible thereafter.
24Individual written notice shall be given according to the
25provisions of subsection (ff).
26    (k) An owner or operator of a community water supply has no

 

 

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1duty to include in the material inventory required under
2subsection (d) information about service lines that are
3physically disconnected from a water main in its distribution
4system.
5    (l) When conducting engineering evaluations of community
6water supplies, the Agency may conduct a separate audit to
7identify progress that the community water supply has made
8toward completing the material inventory required under
9subsection (d).
10    (m) The owner or operator of each community water supply
11shall post on its website a copy of the material inventory most
12recently approved by the Agency or shall request that the
13Agency post a copy of that material inventory on the Agency's
14website.
15    (n) Nothing in this Section shall be construed to require
16service lines to be unearthed for the sole purpose of
17inventorying.
18    (o) When an owner or operator of a community water supply
19awards a contract under this Act, it shall be the aspirational
20goal to use contractors and vendors owned by minority persons,
21women, and persons with a disability, as those terms are
22defined in Section 2 of the Business Enterprise for
23Minorities, Women, and Persons with Disabilities Act, for not
24less than 20% of the total contracts, provided that: (1)
25contracts representing at least 11% of the total annual
26premiums or fees shall be awarded to minority-owned businesses

 

 

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1as defined in Section 2 of the Business Enterprise for
2Minorities, Women, and Persons with Disabilities Act; (2)
3contracts representing at least 7% of the total annual
4premiums or fees shall be awarded to woman-owned businesses;
5and (3) contracts representing at least 2% of the total annual
6premiums or fees shall be awarded to businesses owned by
7persons with a disability.
8    Owners or operators of a community water supply are
9encouraged to divide projects, whenever economically feasible,
10into contracts of smaller size that ensure small business
11contractors or vendors shall have the ability to qualify in
12the applicable bidding process, when determining the ability
13to deliver on a given contract based on scope and size, as a
14responsible and responsive bidder.
15    When a contractor or vendor submits a bid or letter of
16intent in response to a request for proposal or other bid
17submission, the contractor or vendor shall include with its
18responsive documents a utilization plan that shall address how
19compliance with applicable aspirational goals set forth in
20this subsection shall be addressed.
21    The owner or operator of a community water supply must
22demonstrate how the community water supply will ensure that
23program implementation contractors and vendors will meet
24multiple workforce equity building criteria, including, but
25not limited to, ensuring that an amount of program portfolio
26incentive funding proportional to the population of persons

 

 

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1who are black, indigenous, or persons of color within each
2county in which the owner or operator of a community water
3supply is located, to be updated every 2 years, is
4administered and installed by vendors who meet one of the
5following criteria:
6        (1) is a certified vendor under the Business
7    Enterprise for Minorities, Women, and Persons with
8    Disabilities Act;
9        (2) is certified by another municipal, State, federal,
10    or other certificating entity for disadvantaged
11    businesses;
12        (3) the owner or operator submits an affidavit stating
13    that the vendor meets the eligibility criteria for a
14    certification program such as certification programs
15    described in subparagraph (1) or (2); or
16        (4) if the vendor is a nonprofit, the vendor meets any
17    of the criteria in subparagraphs (1), (2), or (3) or is
18    controlled by a board of directors of which at least 51% of
19    its members are individuals who are minority persons,
20    women, or persons with a disability, as those terms are
21    defined in Section 2 of the Business Enterprise for
22    Minorities, Women, and Persons with Disabilities Act.
23    (p) An owner or operator of a community water supply shall
24collect data necessary to ensure compliance with subsection
25(o) no less than quarterly and shall communicate progress
26toward compliance with subsection (o) by submitting a report

 

 

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1to the Department. The report must include data on vendor and
2employee diversity, including data on the owner's or
3operator's implementation of subsection (o).
4    (q) Every owner or operator of a community water supply
5that has known or suspected lead service lines shall:
6        (1) create a plan to:
7            (A) replace each lead service line connected to
8        its distribution system;
9            (B) replace each galvanized service line connected
10        to its distribution system, if the galvanized service
11        line is or was connected downstream to lead piping;
12            (C) determine the materials of construction of
13        suspected lead service lines and service lines of
14        unknown materials; and
15            (D) propose a time line for review and regular
16        revision of the lead service line replacement plan;
17        and
18        (2) electronically submit, by April 15, 2023 its
19    initial lead service line replacement plan to the Agency;
20        (3) electronically submit by April 15 of each year
21    after 2023 an updated lead service line replacement plan
22    to the Agency; the updated replacement plan shall account
23    for changes in the number of lead service lines or unknown
24    service lines in the material inventory described in
25    subsection (d);
26        (4) electronically submit by April 15, 2027 a complete

 

 

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1    and final replacement plan to the Agency for approval; the
2    complete and final replacement plan shall account for all
3    lead service lines documented in the final material
4    inventory described under paragraph (3) of subsection (d);
5    and
6        (5) post on its website a copy of the plan most
7    recently approved by the Agency or request that the Agency
8    post a copy of that plan on the Agency's website.
9    (r) Each plan required under paragraph (1) of subsection
10(q) shall include the following:
11        (1) the name and identification number of the
12    community water supply;
13        (2) the total number of service lines connected to the
14    distribution system of the community water supply;
15        (3) the total number of suspected lead service lines
16    connected to the distribution system of the community
17    water supply;
18        (4) the total number of known lead service lines
19    connected to the distribution system of the community
20    water supply;
21        (5) the total number of lead service lines connected
22    to the distribution system of the community water supply
23    that have been replaced each year beginning in 2020;
24        (6) a proposed lead service line replacement schedule
25    that includes one-year, 5-year, 10-year, 15-year, 20-year,
26    and 25-year goals, as applicable under the time lines

 

 

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1    described under subsection (w);
2        (7) the estimated total number of remaining years
3    until all known lead service lines have been replaced or
4    suspected lead service lines have been determined to be
5    made of materials other than lead and the estimated year
6    in which lead service line replacement will be complete;
7        (8) an analysis of costs and financing options for
8    replacing the lead service lines connected to the
9    community water supply's distribution system, which shall
10    include, but shall not be limited to:
11            (A) a detailed accounting of costs associated with
12        replacing lead service lines and galvanized lines that
13        are or were connected downstream to lead piping;
14            (B) measures to address affordability and prevent
15        service shut-offs for customers or ratepayers; and
16            (C) consideration of different scenarios for
17        structuring payments between the utility and its
18        customers over time; and
19        (9) a feasibility and affordability plan that
20    includes, but is not limited to, information on how the
21    community water supply intends to fund or finance lead
22    service line replacement costs;
23        (10) a plan for prioritizing high-risk facilities,
24    such as preschools, day care centers, day care homes,
25    group day care homes, parks, playgrounds, hospitals, and
26    clinics, as well as high-risk areas identified by the

 

 

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1    community water supply;
2        (11) a map of the areas where lead service lines are
3    expected to be found and the sequence with which those
4    areas will be inventoried and lead service lines replaced;
5        (12) measures for how the community water supply will
6    inform the public of the plan and provide opportunity for
7    public comment; and
8        (13) measures to encourage diversity in hiring in the
9    workforce required to implement the plan.
10    (s) The Agency shall review each plan submitted to it
11under subsection (r). The Agency shall approve a plan if the
12plan includes all of the elements set forth under subsection
13(r) and the Agency determines that:
14        (1) the proposed lead service line replacement
15    schedule set forth in the plan aligns with the timeline
16    requirements set forth under subsection (w);
17        (2) the plan prioritizes there placement of lead
18    service lines that provide water service to high-risk
19    facilities, such as preschools, day care centers, day care
20    homes, group day care homes, parks, playgrounds,
21    hospitals, and clinics, and high-risk areas identified by
22    the community water supply;
23        (3) the plan includes analysis of cost and financing
24    options; and
25        (4) the plan provides an opportunity for public
26    review.

 

 

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1    (t) An owner or operator of a community water supply has no
2duty to include in the plans required under subsection (r)
3information about service lines that are physically
4disconnected from a water main in its distribution system.
5    (u) If a community water supply does not deliver a
6complete plan to the Agency by April 15, 2027, the community
7water supply may apply to the Agency for an extension. The
8Agency shall develop criteria for granting plan extensions.
9When considering requests for extension, the Agency shall, at
10a minimum, consider:
11        (1) the number of service connections in a water
12    supply;
13        (2) the staff capacity and financial condition of the
14    community;
15        (3) the number of service lines of an unknown material
16    composition; and
17        (4) other criteria as determined by the Agency in
18    consultation with the Lead Service Line Replacement
19    Advisory Board created under subsection (y).
20    (v) Notwithstanding any other provision of law, the
21corporate authorities of a municipality may impose a tax, fee,
22surcharge, charge, assessment, or other amount payable or
23imposed deemed necessary, by ordinance or resolution, to be
24used solely for costs incurred by the municipality associated
25with lead service line remediation.
26    (w) Every owner or operator of a community water supply

 

 

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1shall replace all lead service lines, subject to the
2requirements of subsection (cc), according to the following
3replacement rates and timelines to be calculated from the date
4of submission of the final inventory and replacement plan to
5the Agency:
6        (1) A community water supply reporting 249 or fewer
7    lead service lines in its final inventory and replacement
8    plan shall replace all lead service lines within 5 years
9    after the date of filing the replacement plan, at an
10    annual rate of no less than 20% of the amount described in
11    the final inventory.
12        (2) A community water supply reporting more than 249
13    but fewer than 1,200 lead service lines in its final
14    inventory and replacement plan shall replace all lead
15    service lines within 15 years after the date of filing the
16    replacement plan, at an annual rate of no less than 10% of
17    the amount described in the final inventory.
18        (3) A community water supply reporting more than 1,199
19    but fewer than 10,000 lead service lines in its final
20    inventory and replacement plan shall replace all lead
21    service lines within 20 years after the date of filing the
22    replacement plan, at an annual rate of no less than 6.7% of
23    the amount described in the final inventory.
24        (4) A community water supply reporting more than 9,999
25    but fewer than 50,000 lead service lines in its final
26    inventory and replacement plan shall replace all lead

 

 

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1    service lines within 25 years after the date of filing the
2    replacement plan, at an annual rate of no less than 5% of
3    the amount described in the final inventory.
4        (5) A community water supply reporting more than
5    49,999 lead service lines in its final inventory and
6    replacement plan shall replace all lead service lines
7    within 30 years after the date of filing the replacement
8    plan, at an annual replacement rate of no less than 4% of
9    the amount described in the final inventory.
10    (x) A community water supply may apply to the Agency for an
11extension to the replacement timelines described in paragraphs
12(1) through (5) of subsection (w). The Agency shall develop
13criteria for granting replacement timeline extensions. When
14considering requests for timeline extensions, the Agency
15shall, at a minimum, consider:
16        (1) the number of service connections in a water
17    supply;
18        (2) the staff capacity and financial condition of the
19    community;
20        (3) unusual circumstances creating hardship for a
21    community; and
22        (4) other criteria as determined by the Agency in
23    consultation with the Lead Service Line Replacement
24    Advisory Board created under subsection (y).
25    Replacement rates and timelines shall be calculated from
26the date of submission of the final plan to the Agency.

 

 

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1    (y) The Lead Service Line Replacement Advisory Board is
2created within the Agency. The Advisory Board shall convene
3within 120 days after the effective date of this amendatory
4Act of the 102nd General Assembly.
5    The Advisory Board shall consist of at least 19 voting
6members, as follows:
7        (1) the Director of the Agency, or his or her
8    designee, who shall serve as chairperson;
9        (2) the Director of Revenue, or his or her designee;
10        (3) the Director of Public Health, or his or her
11    designee;
12        (4) sixteen members appointed by the Agency as
13    follows:
14            (A) one member representing a statewide
15        organization representing municipalities;
16            (B) one member representing a municipality with a
17        population of 2,000,000 or more inhabitants, nominated
18        by the mayor of the municipality;
19            (C) one member representing a municipality with a
20        population of less than 2,000,000 inhabitants located
21        in northern Illinois, nominated by the mayor of the
22        municipality;
23            (D) one member representing a municipality with a
24        population of less than 2,000,000 inhabitants located
25        in southern Illinois, nominated by the mayor of the
26        municipality;

 

 

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1            (E) two members who are representatives from
2        public health advocacy groups;
3            (F) two members who are representatives from
4        publicly-owned water utilities;
5            (G) one member who is a representative from a
6        public utility as defined under Section 3-105 of the
7        Public Utilities Act that provides water service in
8        the State of Illinois;
9            (H) one member who is a research professional
10        employed at an academic institution and specializing
11        in water infrastructure research;
12            (I) two members who are representatives from
13        nonprofit civic organizations;
14            (J) one member who is a representative from a
15        statewide organization representing environmental
16        organizations;
17            (K) two members who are representatives from
18        organized labor; and
19            (L) one member representing an environmental
20        justice organization.
21    No less than 10 of the 19 voting members shall be persons
22of color, and no less than 3 shall represent communities
23defined or self-identified as environmental justice
24communities.
25    Advisory Board members shall serve without compensation,
26but may be reimbursed for necessary expenses incurred in the

 

 

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1performance of their duties from funds appropriated for that
2purpose. The Agency shall provide administrative support to
3the Advisory Board.
4    The Advisory Board shall meet no less than once every 6
5months.
6    (z) The Advisory Board shall have, at a minimum, the
7following duties:
8        (1) establishing criteria for granting extensions for
9    completion of the material inventory and final lead
10    service line replacement plan, as described under
11    subsections (d) and (r);
12        (2) advising the Agency on best practices in lead
13    service line replacement;
14        (3) reviewing the performance of the Agency and
15    community water supplies in their progress toward lead
16    service line replacement goals;
17        (4) advising the Agency on other matters related to
18    the administration of the provisions of this Section;
19        (5) advising the Agency on the integration of existing
20    lead service line remediation or replacement plans with
21    any statewide plan; and
22        (6) providing technical support and practical
23    expertise in general.
24    (aa) Within 1 year after the effective date of this
25amendatory Act of the 102nd General Assembly, the Advisory
26Board shall deliver a report of its recommendations to the

 

 

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1Governor and the General Assembly concerning opportunities for
2dedicated, long-term revenue options for funding lead service
3line replacement. In submitting recommendations, the Advisory
4Board shall consider, at a minimum, the following:
5        (1) the sufficiency of various revenue sources to
6    adequately fund replacement of all lead service lines in
7    Illinois;
8        (2) the financial burden, if any, imposed by the fee
9    on households falling below 150% of the federal poverty
10    limit;
11        (3) revenue options that guarantee low-income
12    households are not protected from rate increases;
13        (4) an assessment of the ability of community water
14    supplies to assess and collect the fee;
15        (5) variations in financial resources among individual
16    households within a service area; and
17        (6) the protection of low-income households from rate
18    increases.
19    (bb) Within 10 years after the effective date of this
20amendatory Act of the 102nd General Assembly, the Advisory
21Board shall prepare and deliver a report to the Governor and
22General Assembly concerning the status of all lead service
23line remediation sites within the State.
24    (cc) When replacing a lead service line, the owner or
25operator of the community water supply shall replace the
26service line in its entirety, including, but not limited to,

 

 

10200SB1168sam001- 25 -LRB102 04981 CPF 25014 a

1any portion of the service line (i) running on private
2property and (ii) within the building's plumbing at the first
3shut-off valve. Partial lead service line replacements are
4expressly prohibited. Exceptions shall be made under the
5following circumstances:
6        (1) In the event of an emergency repair that affects a
7    lead service line or a suspected lead service line, a
8    community water supply must contact the building owner to
9    begin the process of replacing the entire service line. If
10    the building owner is not able to be contacted or the
11    building owner or occupant refuses to grant access and
12    permission to replace the entire service line at the time
13    of the emergency repair, then the community water supply
14    may perform a partial lead service line replacement. Where
15    an emergency repair on a service line constructed of lead
16    or galvanized steel pipe results in a partial service line
17    replacement, the water supply responsible for commencing
18    the repair shall perform the following:
19            (A) Notify the building's owner or operator and
20        the resident or residents served by the lead service
21        line in writing that a repair has been completed. The
22        notification shall include, at a minimum:
23                (i) a warning that the work may result in
24            sediment, possibly containing lead, in the
25            buildings water supply system;
26                (ii) information concerning practices for

 

 

10200SB1168sam001- 26 -LRB102 04981 CPF 25014 a

1            preventing the consumption of any lead in drinking
2            water, including a recommendation to flush water
3            distribution pipe during and after the completion
4            of the repair or replacement work and to clean
5            faucet aerator screens; and
6                (iii) information regarding the dangers of
7            lead to young children and pregnant women.
8            (B) Provide filters for at least one fixture
9        supplying potable water for consumption. The filter
10        must be compliant with NSF/ANSI Standards 53 and 42.
11        The filter must be provided until such time that the
12        remaining portions of the service line have been
13        replaced with a material approved by the Department or
14        a waiver has been issued under subsection (ee).
15            (C) Replace the remaining portion of the lead
16        service line within 30 days of the repair, or 120 days
17        in the event of weather or other circumstances beyond
18        reasonable control that prohibits construction. If a
19        complete lead service line replacement cannot be made
20        within the required 30 day period, the person
21        responsible for commencing the repair shall notify the
22        Department in writing, at a minimum, of the following
23        within 24 hours of the repair:
24                (i) an explanation of why it is not feasible
25            to replace the remaining portion of the lead
26            service line within the allotted time; and

 

 

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1                (ii) a timeline for when the remaining portion
2            of the lead service line will be replaced.
3            (D) If complete repair of a lead service line
4        cannot be completed within 30 days due to denial by the
5        property owner, the person commencing the repair shall
6        request the affected property owner to sign a waiver
7        developed by the Department. If a property owner of a
8        nonresidential building or residence operating as
9        rental properties denies a complete lead service line
10        replacement, the property owner shall be responsible
11        for installing and maintaining point-of-use filters
12        compliant with NSF/ANSI Standards 53 and 42 at all
13        fixtures intended to supply water for the purposes of
14        drinking, food preparation, or making baby formula.
15        The filters shall continue to be supplied until such
16        time that the property owner has affected the
17        remaining portions of the lead service line to be
18        replaced.
19            (E) Document any remaining lead service line,
20        including a portion on the private side of the
21        property, in the community water supply's distribution
22        system materials inventory required under subsection
23        (d).
24        For the purposes of this paragraph (1), written notice
25    shall be provided in the method and according to the
26    provisions of subsection (ff).

 

 

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1        (2) Lead service lines that are physically
2    disconnected from the distribution system are exempt from
3    this subsection.
4    (dd) On and after January 1, 2022, when the owner or
5operator of a community water supply replaces a water main,
6the community water supply shall identify all lead service
7lines connected to the water main and shall replace, in
8accordance with its lead service line replacement plan, the
9lead service lines by:
10        (1) identifying the material or materials of each lead
11    service line connected to the water main, including, but
12    not limited to, any portion of the service line (i)
13    running on private property and (ii) within the building
14    plumbing at the first shut-off valve or 18 inches inside
15    the building, whichever is shorter;
16        (2) in conjunction with replacement of the water main,
17    replacing any and all portions of each lead service line
18    connected to the water main that are composed of lead; and
19        (3) if a customer refuses to grant access to the
20    property, following prescribed notice provisions as
21    outlined in subsection (ee).
22    If an owner of a potentially affected building intends to
23replace a portion of a lead service line or a galvanized
24service line and the galvanized service line is or was
25connected downstream to lead piping, then the owner of the
26potentially affected building shall provide the owner or

 

 

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1operator of the community water supply with notice at least 45
2days before commencing the work. In the case of an emergency
3repair, the owner of the potentially affected building must
4provide filters for each kitchen area that are certified to
5meet the requirements of NSF/ANSI Standards 42 and 53. If the
6owner of the potentially affected building notifies the owner
7or operator of the community water supply of a portion of the
8lead service line after the emergency repair is completed,
9then the owner or operator of the community water supply shall
10replace the remainder of the lead service line within 30 days
11after completion of the emergency repair. A community water
12supply may take up to 120 days if necessary due to weather
13conditions. If a replacement takes longer than 30 days,
14filters provided by the owner of the potentially affected
15building must be replaced in accordance with the
16manufacturer's recommendations. Partial lead service line
17replacements by the owners of potentially affected buildings
18are otherwise prohibited.
19    (ee) At least one month before conducting planned lead
20service line replacement, the owner or operator of a community
21water supply shall, by certified mail, attempt to contact the
22owner of the potentially affected building serviced by the
23lead service line to request access to the building and
24permission to replace the lead service line in accordance with
25the lead service line replacement plan. If the owner of the
26potentially affected building does not respond to the request

 

 

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1within 2 weeks after the request is sent, the owner or operator
2of the community water supply shall attempt to post the
3request on the entrance of the potentially affected building.
4    If the owner or operator of a community water supply is
5unable to obtain approval to access and replace a lead service
6line, the owner or operator of the community water supply
7shall request that the owner of the potentially affected
8building sign a waiver. The waiver shall be developed by the
9Department and should be made available in the owner's
10language. If the owner of the potentially affected building
11refuses to sign the waiver or fails to respond to the community
12water supply after the community water supply has complied
13with this subsection, then the community water supply shall
14notify the Department in writing within 15 working days.
15    (ff) When replacing a lead service line or repairing or
16replacing water mains with lead service lines or partial lead
17service lines attached to them, the owner or operator of a
18community water supply shall provide the owner of each
19potentially affected building that is serviced by the affected
20lead service lines or partial lead service lines, as well as
21the occupants of those buildings, with an individual written
22notice. The notice shall be delivered by mail or posted at the
23primary entranceway of the building. The notice may, in
24addition, be electronically mailed. Written notice shall
25include, at a minimum, the following:
26        (1) a warning that the work may result in sediment,

 

 

10200SB1168sam001- 31 -LRB102 04981 CPF 25014 a

1    possibly containing lead from the service line, in the
2    building's water;
3        (2) information concerning the best practices for
4    preventing exposure to or risk of consumption of lead in
5    drinking water, including a recommendation to flush water
6    lines during and after the completion of the repair or
7    replacement work and to clean faucet aerator screens; and
8        (3) information regarding the dangers of lead exposure
9    to young children and pregnant women.
10    When the individual written notice described in the first
11paragraph of this subsection is required as a result of
12planned work other than the repair or replacement of a water
13meter, the owner or operator of the community water supply
14shall provide the notice not less than 14 days before work
15begins. When the individual written notice described in the
16first paragraph of this subsection is required as a result of
17emergency repairs other than the repair or replacement of a
18water meter, the owner or operator of the community water
19supply shall provide the notice at the time the work is
20initiated. When the individual written notice described in the
21first paragraph of this subsection is required as a result of
22the repair or replacement of a water meter, the owner or
23operator of the community water supply shall provide the
24notice at the time the work is initiated.
25    If a community water supply serves a significant
26proportion of non-English speaking consumers, the

 

 

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1notifications required under this subsection must contain
2information in the appropriate language regarding the
3importance of the notice and a telephone number or address
4where a person may contact the owner or operator of the
5community water supply to obtain a translated copy of the
6notification or request assistance in the appropriate
7language.
8    An owner or operator of a community water supply that is
9required under this subsection to provide an individual
10written notice to the owner and occupant of a potentially
11affected building that is a multi-dwelling building may
12satisfy that requirement and the requirements of this
13subsection regarding notification to non-English speaking
14customers by posting the required notice on the primary
15entranceway of the building and at the location where the
16occupant's mail is delivered as reasonably as possible.
17    When this subsection would require the owner or operator
18of a community water supply to provide an individual written
19notice to the entire community served by the community water
20supply or would require the owner or operator of a community
21water supply to provide individual written notices as a result
22of emergency repairs or when the community water supply that
23is required to comply with this subsection is a small system,
24the owner or operator of the community water supply may
25provide the required notice through local media outlets,
26social media, or other similar means in lieu of providing the

 

 

10200SB1168sam001- 33 -LRB102 04981 CPF 25014 a

1individual written notices otherwise required under this
2subsection.
3    No notifications are required under this subsection for
4work performed on water mains that are used to transmit
5treated water between community water supplies and that have
6no service connections.
7    (gg) The owner or operator of each community water supply
8shall include the following information in the annual consumer
9confidence report required under the United States
10Environmental Protection Agency's National Primary Drinking
11Water Regulations:
12        (1) an estimate of the number of known or suspected
13    lead service lines connected to its distribution system;
14    and
15        (2) a statement describing progress that has been made
16    toward replacing lead service lines connected to its
17    distribution system.
18    (hh) No community water supply that sells water to any
19wholesale or retail consecutive community water supply may
20pass on any costs associated with compliance with this Section
21to consecutive systems.
22    (ii) Authority is hereby vested in the Illinois Pollution
23Control Board to conduct hearings to review final actions of
24the Agency under this Section.
25    (jj) To the extent allowed by law, when a community water
26supply enters into an agreement with a private contractor for

 

 

10200SB1168sam001- 34 -LRB102 04981 CPF 25014 a

1replacement or installation of water service lines, the
2community water supply shall be held harmless for damage to
3property when replacing or installing water service lines. If
4dangers are encountered that prevent the replacement of the
5lead service line, the community water supply shall notify the
6Department within 15 working days of why the replacement of
7the lead service line could not be accomplished.
8    (kk) The Agency may propose to the Board, and the Board may
9adopt, any rules necessary to implement and administer this
10Section. The Department may adopt rules necessary to address
11lead service lines attached to noncommunity water supplies.
12    (ll) Notwithstanding any other provision in this Section,
13no requirement in this Section shall be construed as being
14less stringent than existing applicable federal requirements.
15    (mm) All lead service line replacements financed in whole
16or in part with funds obtained under this Section shall be
17considered public works for purposes of the Prevailing Wage
18Act.
 
19    (415 ILCS 5/17.11 rep.)
20    Section 15. The Environmental Protection Act is amended by
21repealing Section 17.11.".