SB3311 101ST GENERAL ASSEMBLY

LRB101 20082 SPS 69614 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Illinois Plumbing License Law is amended by changing Sections 8, 16, 19, and 35.5, and by adding Sections 8.5, 29.6, and 35.6 as follows:

(225 ILCS 320/8) (from Ch. 111, par. 1107)

Sec. 8. Powers and duties of the Director. The Director shall:

(1) Prepare forms for application for examination for a plumber's license.

(2) Prepare and issue licenses as provided in this Act.

(3) With the aid of the Board prescribe rules and regulations for examination of applicants for plumber's licenses.

(4) With the aid of the Board prepare and give uniform and comprehensive examinations to applicants for a plumber's license which shall test their knowledge and qualifications in the planning and design of plumbing systems, their knowledge, qualifications, and manual skills in plumbing, and their knowledge of the State's minimum code of standards relating to fixtures, materials, design and installation methods of plumbing systems, promulgated pursuant to this Act.

(5) Issue a plumber's license and license renewal to every applicant who has passed the examination and who has paid the required license and renewal fee.

(6) Prescribe rules for hearings to deny, suspend, revoke or reinstate licenses as provided in this Act.

(7) Maintain a current record showing (a) the names and addresses of registered plumbing contractors, licensed plumbers, licensed apprentice plumbers, and licensed retired plumbers, (b) the dates of issuance of licenses, (c) the date and substance of the charges set forth in any hearing for denial, suspension or revocation of any license, (d) the date and substance of the final order issued upon each such hearing, and (e) the date and substance of all petitions for reinstatement of license and final orders on such petitions.

(8) Prescribe, in consultation with the Board, uniform and reasonable rules defining what constitutes an approved course of instruction in plumbing, in colleges, universities, or trade schools, and approve or disapprove the courses of instruction offered by such colleges, universities, or trade schools by reference to their compliance or noncompliance with such rules. Such rules shall be designed to assure that an approved course of instruction will adequately teach the design, planning, installation, replacement, extension, alteration and repair of plumbing.

(9) Conduct hearings and impose civil penalties under Section 29.6 of this Law.

Each instructor participating in a program of instruction in plumbing shall be:

(a) an Illinois licensed plumber;

(b) an individual who possesses a provisional career and technical educator endorsement on an educator license, issued by the State Board of Education pursuant to Section 21B-20 of the School Code in a field related to plumbing, such as hydraulics, pneumatics, or water chemistry; or

(c) a representative of an industry or a manufacturing business related to plumbing, including, but not limited to, the copper industry, plastic pipe industry, or cast iron industry. Courses that are taught by industry representatives shall be educational and shall not be sales oriented. Industry representatives shall be assisted by an Illinois licensed plumber during the presentation of a course of instruction.

The instructor shall provide verification of the license or certificate. A copy of the instructor's educator license will establish verification.

(Source: P.A. 99-504, eff. 1-1-17.)

(225 ILCS 320/8.5 new)

Sec. 8.5. Rules adopted under this Law. Rules adopted under this Law are not subject to paragraph (9) of subsection (a) of Section 5-565 of the Civil Administrative Code of Illinois.

(225 ILCS 320/16) (from Ch. 111, par. 1115)

Sec. 16. (1) Any city, village or incorporated town, having a population of 500,000 or more may, by an ordinance containing provisions substantially the same as those in this Act and specifying educational or experience requirements equivalent to those prescribed in this Act, provide for a board of plumbing examiners to conduct examinations for, and to issue, suspend, or revoke, plumbers' licenses, within such city, village or incorporated town. Upon the enactment of such ordinance the licensing provisions of this act shall not apply within any such municipality except as otherwise provided herein.

(2) Any person licensed as a plumber pursuant to such ordinance, or licensed by the Department under this Act, may engage in plumbing anywhere in this State.

(3) Any board of plumbing examiners created pursuant to this Section shall maintain a current record similar to that required of the Director by Section 8 of this Act, and shall provide the Department with a copy thereof. The Department shall be advised of changes in such record at least every six months.

(4) In the event that the plumbing contractor's license is suspended or revoked by any city, village, or incorporated town, having a population of 500,000 or more, the city, village, or incorporated town shall notify the Department.

(5) Any city, village, or incorporated town having a population of 500,000 or more that licenses an individual as a plumber shall provide a license composed of a solid plastic card that includes a photo of the licensed plumber printed directly on the card. An applicant who is 21 years of age or older seeking a religious exemption to the photo requirement of this subsection shall furnish with his or her application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. Regardless of age, an applicant seeking a religious exemption to this photo requirement shall submit fingerprints in a form and manner prescribed by the city, village, or incorporated town with his or her application in lieu of a photo.

(Source: P.A. 97-365, eff. 1-1-12; 97-1137, eff. 6-1-13; 98-848, eff. 1-1-15.)

(225 ILCS 320/19) (from Ch. 111, par. 1118)

Sec. 19. The Director, after notice and opportunity for hearing to the applicant, license holder, or registrant, may deny, suspend, or revoke a license or registration in any case in which he or she finds that there has been a substantial failure to comply with the provisions of this Act or the standards, rules, and regulations established under this Act or failure to pay any fee or fine imposed by the Department.

The Director, after notice and opportunity for hearing, may assess civil penalties to any person for violations of this Law or the rules adopted under this Law. Notice shall be provided by certified mail or by personal service setting forth the particular reasons for the proposed action and fixing a date, not less than 20 days from the date of the mailing or service, within which time the person, applicant, or license holder must request in writing a hearing. Failure to serve upon the Department a request for hearing in writing within the time provided in the notice shall constitute a waiver of the person's right to an administrative hearing.

The hearing shall be conducted by the Director or by an individual designated in writing by the Director as a hearing officer to conduct the hearing. The Director or hearing officer shall give written notice of the time and place of the hearing, by certified mail or personal service, to the person, applicant, license holder, or registrant at least 10 days prior to the hearing. On the basis of the hearing, or upon default of the applicant, license holder, or registrant, the Director shall make a determination specifying his or her findings and conclusions. A copy of the determination shall be sent by certified mail or served personally upon the person, applicant, license holder, or registrant. The decision of the Director shall be final on issues of fact and final in all respects unless judicial review is sought as provided in this Act.

The procedure governing hearings authorized by this Section shall be in accordance with rules promulgated by the Department. A full and complete record shall be kept of all proceedings, including the notice of hearing, complaint, and all other documents in the nature of pleadings, written motions filed in the proceedings, and the report and orders of the Director and hearing officer.

The Department at its expense shall provide a court reporter to take testimony. Technical error in the proceedings before the Department or hearing officer or their failure to observe the technical rules of evidence shall not be grounds for the reversal of any administrative decision unless it appears to the Court that such error or failure materially affects the rights of any party and results in substantial injustice to them.

The Department or hearing officer, or any parties in an investigation or hearing before the Department, may cause the depositions of witnesses within the State to be taken in the manner prescribed by law for depositions in civil actions in courts of this State, and compel the attendance of witnesses and the production of books, papers, records, or memoranda.

The Department shall not be required to certify any record to the Court or file any answer in Court or otherwise appear in any Court in a judicial review proceeding, unless there is filed in the Court with the complaint a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record. Such cost shall be paid by the party requesting a copy of the record. Failure on the part of the person requesting a copy of the record to pay the cost shall be grounds for dismissal of the action.

(Source: P.A. 91-678, eff. 1-26-00.)

(225 ILCS 320/29.6 new)

Sec. 29.6. Civil penalties for violations. Any person who violates any provision of this Law or any rule or plumbing code adopted under this Law shall, in addition to any other penalty provided in this Law, be subject to a civil penalty of $100 per day, per violation. Civil penalties collected under this Section shall be deposited into the Plumbing Licensure and Program Fund. This Section shall not apply to Sections 35.5 and 35.6.

(225 ILCS 320/35.5)

Sec. 35.5. Lead in drinking water prevention.

(a) The General Assembly finds that lead has been detected in the drinking water of schools in this State. The General Assembly also finds that infants and young children may suffer adverse health effects and developmental delays as a result of exposure to even low levels of lead. The General Assembly further finds that it is in the best interests of the people of the State to require school districts or chief school administrators, or the designee of the school district or chief school administrator, to test for lead in drinking water in school buildings and provide written notification of the test results.

The purpose of this Section is to require (i) school districts or chief school administrators, or the designees of the school districts or chief school administrators, to test for lead with the goal of providing school building occupants with an adequate supply of safe, potable water; and (ii) school districts or chief school administrators, or the designees of the school districts or chief school administrators, to notify the parents and legal guardians of enrolled students of the sampling results from their respective school buildings.

(b) For the purposes of this Section:

"Community water system" has the meaning provided in 35 Ill. Adm. Code 611.101.

"School building" means any facility or portion thereof that was constructed on or before January 1, 2000 and may be occupied by more than 10 children or students, pre-kindergarten through grade 5, under the control of (a) a school district or (b) a public, private, charter, or nonpublic day or residential educational institution.

"Source of potable water" means the point at which non-bottled water that may be ingested by children or used for food preparation exits any tap, faucet, drinking fountain, wash basin in a classroom occupied by children or students under grade 1, or similar point of use; provided, however, that all (a) bathroom sinks and (b) wash basins used by janitorial staff are excluded from this definition.

(c) Each school district or chief school administrator, or the designee of each school district or chief school administrator, shall test each source of potable water in a school building for lead contamination as required in this subsection.

(1) Each school district or chief school administrator, or the designee of each school district or chief school administrator, shall, at a minimum, (a) collect a first-draw 250 milliliter sample of water, (b) flush for 30 seconds, and (c) collect a second-draw 250 milliliter sample from each source of potable water located at each corresponding school building; provided, however, that to the extent that multiple sources of potable water utilize the same drain, (i) the foregoing collection protocol is required for one such source of potable water, and (ii) only a first-draw 250 milliliter sample of water is required from the remaining such sources of potable water. The water corresponding to the first-draw 250 milliliter sample from each source of potable water shall have been standing in the plumbing pipes for at least 8 hours, but not more than 18 hours, without any flushing of the source of potable water before sample collection.

(2) Each school district or chief school administrator, or the designee of each school district or chief school administrator, shall arrange to have the samples it collects pursuant to subdivision (1) of this subsection submitted to a laboratory that is certified for the analysis of lead in drinking water in accordance with accreditation requirements developed by a national laboratory accreditation body, such as the National Environmental Laboratory Accreditation Conference (NELAC) Institute (TNI). Samples submitted to laboratories pursuant to this subdivision (2) shall be analyzed for lead using one of the test methods for lead that is described in 40 CFR 141.23(k)(1). Within 7 days after receiving a final analytical result concerning a sample collected pursuant to subdivision (1) of this subsection, the school district or chief school administrator, or a designee of the school district or chief school administrator, that collected the sample shall provide the final analytical result to the Department.

(3) If any of the samples taken in the school exceed 5 parts per billion, the school district or chief school administrator, or the designee of the school district or chief school administrator, shall promptly provide an individual notification of the sampling results, via written or electronic communication, to the parents or legal guardians of all enrolled students and include the following information: the corresponding sampling location within the school building and the United States Environmental Protection Agency's website for information about lead in drinking water. If any of the samples taken at the school are at or below 5 parts per billion, notification may be made as provided in this paragraph or by posting on the school's website.

(4) Sampling and analysis required under this Section shall be completed by the following applicable deadlines: for school buildings constructed prior to January 1, 1987, by December 31, 2017; and for school buildings constructed between January 2, 1987 and January 1, 2000, by December 31, 2018.

(5) A school district or chief school administrator, or the designee of the school district or chief school administrator, may seek a waiver of the requirements of this subsection from the Department, if (A) the school district or chief school administrator, or the designee of the school district or chief school administrator, collected at least one 250 milliliter or greater sample of water from each source of potable water that had been standing in the plumbing pipes for at least 6 hours and that was collected without flushing the source of potable water before collection, (B) a laboratory described in subdivision (2) of this subsection analyzed the samples in accordance with a test method described in that subdivision, (C) test results were obtained prior to the effective date of this amendatory Act of the 99th General Assembly, but after January 1, 2013, and (D) test results were submitted to the Department within 120 days of the effective date of this amendatory Act of the 99th General Assembly.

(6) The owner or operator of a community water system may agree to pay for the cost of the laboratory analysis of the samples required under this Section and may utilize the lead hazard cost recovery fee under Section 11-150.1-1 of the Illinois Municipal Code or other available funds to defray said costs.

(7) Lead sampling results obtained shall not be used for purposes of determining compliance with the Board's rules that implement the national primary drinking water regulations for lead and copper.

(d) Schools constructed on or before January 1, 2014 shall conduct testing for lead in water in accordance with this Section and the rules adopted by the Department and shall submit samples to the Illinois Environmental Protection Agency Laboratory in a manner prescribed by the Illinois Environmental Protection Agency. By no later than June 30, 2019, the Department shall determine whether it is necessary and appropriate to protect public health to require schools constructed in whole or in part after January 1, 2000 to conduct testing for lead from sources of potable water, taking into account, among other relevant information, the results of testing conducted pursuant to this Section.

(e) Within 90 days of the effective date of this amendatory Act of the 99th General Assembly, the Department shall post on its website guidance on mitigation actions for lead in drinking water, and ongoing water management practices, in schools. In preparing such guidance, the Department may, in part, reference the United States Environmental Protection Agency's 3Ts for Reducing Lead in Drinking Water in Schools.

(Source: P.A. 99-922, eff. 1-17-17; 100-103, eff. 8-11-17.)

(225 ILCS 320/35.6 new)

Sec. 35.6. Lead in drinking water prevention in parks.

(a) For the purposes of this Section:

"Park" means a tract of land that often includes lawns, woodlands, or pastures that is used for recreation and is maintained as a public property and any public buildings or structures located thereupon.

"Park authority" means the person or entity in control and in responsible charge of any recreation area, municipal park, forest preserve, museum, or district organized under any one or more of the following: the Park District Code, the Chicago Park District Act, the Park District Historical Museum Act, the Park District Aquarium and Museum Act, the Metro-East Park and Recreation District Act, the Museum District Act, the Downstate Forest Preserve District Act, the Cook County Forest Preserve District Act, the Forest Preserve Botanic Gardens Act, or the Forest Preserve Zoological Parks Act.

"Source of potable water" means any point from which water is dispensed and may be either ingested by a child who is under the age of 7 or used for the preparation of food. "Source of potable water" includes drinking fountains and all other faucets and taps not excluded from this definition. "Source of potable water" does not include wash basins used exclusively by janitorial staff, bathroom sinks, showers, or any outdoor fixtures typically used for maintenance or watering plants.

(b) Each park authority, or its designee, shall test each source of potable water in each of its public buildings and parks as required in this Section and notify the public according to the following requirements:

(1) Each park authority, or its designee, shall, at a minimum, in a new, certified 250 milliliter container, collect a first-draw 250 milliliter sample of water and send the sample to a certified laboratory for analysis for lead. Sampling, collection, and submission of samples to a laboratory may be completed by any contractor or other worker designated by the park authority. Each park authority may submit samples to the Illinois Environmental Protection Agency pursuant to Section 17.2 of the Environmental Protection Act. Before sampling, the water from each source of potable water shall have been standing in the plumbing pipes for at least 8 hours, but not more than 18 hours, without any flushing of the source of potable water before sample collection. Analysis shall be completed by January 1, 2023.

(2) Laboratory test results for any sample taken under this subsection received by the park authority or its designee shall be provided to the public on the park authority's website or on the social media accounts maintained by the park authority or by a physical posting in a conspicuous location at the corresponding public building or park and to the Department of Public Health. The public notifications shall include the following information: (A) the corresponding sampling location within the public building or park, (B) the actual test results for each location sampled, and (C) the Department's website for information about lead in drinking water.

(3) A park authority shall be given a waiver of the testing requirements of this Section if testing identical or equivalent to that required by this Section has been performed prior to the effective date of this amendatory Act of the 101st General Assembly. Waivers may be obtained by submitting to the Department testing results that use testing procedures outlined in this Act or equivalent procedures.

(c) The Department shall adopt rules that prescribe the procedures and standards to be used by the Department in assessing levels of lead in water in parks that serve children under the age of 7 and public buildings and parks operated by a park district, municipal park, forest preserve, museum, or recreation agency. Such rules shall, at a minimum, establish compliance schedules, the procedure for submission of analytical results to the Department, testing parameters, remediation requirements, and validation for remediation. The rules shall be complete within one year after the effective date of this amendatory Act of the 101st General Assembly.

Lead sampling results obtained under this Section shall not be used for determining compliance with the Pollution Control Board's rules implementing the national primary drinking water regulations for lead and copper.

Section 10. The Environmental Protection Act is amended by adding Section 17.12 as follows:

(415 ILCS 5/17.12 new)

Sec. 17.12. Lead testing fee.

(a) The Agency shall accept drinking water samples collected under Sections 35.5 or 35.6 of the Illinois Plumbing License Law. The Agency shall analyze each collected sample and, within 30 days after completing its analysis, shall report the test results to the Department of Public Health and the person who submitted the sample to the Agency.

(b) The Agency shall collect up to a $20 lead testing fee for each sample accepted for analysis under this Section. Fees collected by the Agency under this Section shall be deposited into the Community Water Supply Laboratory Fund and used by the Agency for the purposes of providing services under this Section and Section 17.7.

(c) The Agency may adopt any rules necessary to control the order in which samples are submitted to it for analysis under this Section and any other rules necessary to implement this Section.