Full Text of SB0550 99th General Assembly
SB0550ham002 99TH GENERAL ASSEMBLY | Rep. Sonya M. Harper Filed: 11/29/2016
| | 09900SB0550ham002 | | LRB099 03301 MJP 51860 a |
|
| 1 | | AMENDMENT TO SENATE BILL 550
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 550 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | adding Division heading 150.1 of Article 11 and Section | 6 | | 11-150.1-1 as follows: | 7 | | (65 ILCS 5/Art. 11 Div. 150.1 heading new) | 8 | | DIVISION 150.1. LEAD HAZARD COST RECOVERY FEE | 9 | | (65 ILCS 5/11-150.1-1 new) | 10 | | Sec. 11-150.1-1. Lead hazard cost recovery fee. The | 11 | | corporate authorities of any municipality that operates a | 12 | | waterworks system and that incurs reasonable costs to comply | 13 | | with Section 17.11 of the Environmental Protection Act shall | 14 | | have the authority, by ordinance, to collect a fair and | 15 | | reasonable fee from users of the system in order to recover |
| | | 09900SB0550ham002 | - 2 - | LRB099 03301 MJP 51860 a |
|
| 1 | | those reasonable costs. Fees collected pursuant to this Section | 2 | | shall be used exclusively for the purpose of complying with | 3 | | Section 17.11 of the Environmental Protection Act. | 4 | | Section 10. The School Code is amended by changing Section | 5 | | 17-2.11 as follows: | 6 | | (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11) | 7 | | Sec. 17-2.11. School board power to levy a tax or to borrow | 8 | | money and
issue bonds for fire prevention, safety, energy | 9 | | conservation,
accessibility, school security, and specified | 10 | | repair purposes. | 11 | | (a) Whenever, as a
result of any lawful order of any | 12 | | agency,
other than a school board, having authority to enforce | 13 | | any school building code
applicable to any facility that houses | 14 | | students, or any law or regulation for
the protection and | 15 | | safety of the environment, pursuant to the Environmental
| 16 | | Protection Act, any school district having a population of less | 17 | | than 500,000
inhabitants is required to alter or reconstruct | 18 | | any school building or
permanent, fixed equipment; the district | 19 | | may, by proper resolution, levy a tax for the purpose of making | 20 | | such alteration or reconstruction, based on a survey report by | 21 | | an architect or engineer licensed in this State, upon all of | 22 | | the taxable property of the district at the value as assessed | 23 | | by the Department of Revenue and at a rate not to exceed 0.05% | 24 | | per year for a period sufficient to finance such alteration or |
| | | 09900SB0550ham002 | - 3 - | LRB099 03301 MJP 51860 a |
|
| 1 | | reconstruction, upon the following conditions: | 2 | | (1) When there are not sufficient funds available in | 3 | | the operations and maintenance fund of the school district, | 4 | | the school facility occupation tax fund of the district, or | 5 | | the fire prevention and safety fund of the district, as | 6 | | determined by the district on the basis of rules adopted by | 7 | | the State Board of Education, to make such alteration or | 8 | | reconstruction or to purchase and install such permanent, | 9 | | fixed equipment so ordered or determined as necessary. | 10 | | Appropriate school district records must be made available | 11 | | to the State Superintendent of Education, upon request, to | 12 | | confirm this insufficiency. | 13 | | (2) When a certified estimate of an architect or | 14 | | engineer licensed in this State stating the estimated | 15 | | amount necessary to make the alteration or reconstruction | 16 | | or to purchase and install the equipment so ordered has | 17 | | been secured by the school district, and the estimate has | 18 | | been approved by the regional superintendent of schools | 19 | | having jurisdiction over the district and the State | 20 | | Superintendent of Education. Approval must not be granted | 21 | | for any work that has already started without the prior | 22 | | express authorization of the State Superintendent of | 23 | | Education. If the estimate is not approved or is denied | 24 | | approval by the regional superintendent of schools within 3 | 25 | | months after the date on which it is submitted to him or | 26 | | her, the school board of the district may submit the |
| | | 09900SB0550ham002 | - 4 - | LRB099 03301 MJP 51860 a |
|
| 1 | | estimate directly to the State Superintendent of Education | 2 | | for approval or denial. | 3 | | In the case of an emergency situation, where the estimated | 4 | | cost to effectuate emergency repairs is less than the amount | 5 | | specified in Section 10-20.21 of this Code, the school district | 6 | | may proceed with such repairs prior to approval by the State | 7 | | Superintendent of Education, but shall comply with the | 8 | | provisions of subdivision (2) of this subsection (a) as soon | 9 | | thereafter as may be as well as Section 10-20.21 of this Code. | 10 | | If the estimated cost to effectuate emergency repairs is | 11 | | greater than the amount specified in Section 10-20.21 of this | 12 | | Code, then the school district shall proceed in conformity with | 13 | | Section 10-20.21 of this Code and with rules established by the | 14 | | State Board of Education to address such situations. The rules | 15 | | adopted by the State Board of Education to deal with these | 16 | | situations shall stipulate that emergency situations must be | 17 | | expedited and given priority consideration. For purposes of | 18 | | this paragraph, an emergency is a situation that presents an | 19 | | imminent and continuing threat to the health and safety of | 20 | | students or other occupants of a facility, requires complete or | 21 | | partial evacuation of a building or part of a building, or | 22 | | consumes one or more of the 5 emergency days built into the | 23 | | adopted calendar of the school or schools or would otherwise be | 24 | | expected to cause such school or schools to fall short of the | 25 | | minimum school calendar requirements. | 26 | | (b) Whenever any such district determines that
it is |
| | | 09900SB0550ham002 | - 5 - | LRB099 03301 MJP 51860 a |
|
| 1 | | necessary for energy conservation purposes that any school | 2 | | building
or permanent, fixed equipment should be altered or | 3 | | reconstructed and
that such alterations or reconstruction will | 4 | | be made with funds not necessary
for the completion of approved | 5 | | and recommended projects contained in any safety
survey report | 6 | | or amendments thereto authorized by Section 2-3.12 of this Act; | 7 | | the district may levy a tax or issue bonds as provided in | 8 | | subsection (a) of this Section. | 9 | | (c) Whenever
any such district determines that it is | 10 | | necessary for accessibility purposes and to comply with the | 11 | | school building
code that any
school building or equipment | 12 | | should be altered or reconstructed and that such
alterations or | 13 | | reconstruction will be made with
funds not necessary for the | 14 | | completion of approved and recommended projects
contained in | 15 | | any safety survey report or amendments thereto authorized under
| 16 | | Section 2-3.12 of this Act, the district may levy a tax or | 17 | | issue bonds as provided in subsection (a) of this Section. | 18 | | (d) Whenever any such district determines that it is
| 19 | | necessary for school
security purposes and the related | 20 | | protection and safety of pupils and school
personnel that any | 21 | | school building or property should be altered or
reconstructed | 22 | | or that security systems and equipment (including but not | 23 | | limited
to intercom, early detection and warning, access | 24 | | control and television
monitoring systems) should be purchased | 25 | | and installed, and that such
alterations, reconstruction or | 26 | | purchase and installation of equipment will be
made with funds |
| | | 09900SB0550ham002 | - 6 - | LRB099 03301 MJP 51860 a |
|
| 1 | | not necessary for the completion of approved and recommended
| 2 | | projects contained in any safety survey report or amendment | 3 | | thereto authorized
by Section 2-3.12 of this Act and will deter | 4 | | and prevent unauthorized entry or
activities upon school | 5 | | property by unknown or dangerous persons, assure early
| 6 | | detection and advance warning of any such actual or attempted | 7 | | unauthorized
entry or activities and help assure the continued | 8 | | safety of pupils and school
staff if any such unauthorized | 9 | | entry or activity is attempted or occurs;
the district may levy | 10 | | a tax or issue bonds as provided in subsection (a) of this | 11 | | Section. | 12 | | (e) If a school district does not need funds for other fire | 13 | | prevention and
safety projects, including the completion of | 14 | | approved and recommended projects
contained in any safety | 15 | | survey report or amendments thereto authorized by
Section | 16 | | 2-3.12 of this Act, and it is determined after a public hearing | 17 | | (which
is preceded by at least one published notice (i) | 18 | | occurring at least 7 days
prior to the hearing in a newspaper | 19 | | of general circulation within the school
district and (ii) | 20 | | setting forth the time, date, place, and general subject
matter | 21 | | of the hearing) that there is a
substantial, immediate, and | 22 | | otherwise unavoidable threat to the health, safety,
or welfare | 23 | | of pupils due to disrepair of school sidewalks, playgrounds, | 24 | | parking
lots, or school bus turnarounds and repairs must be | 25 | | made; then the district may levy a tax or issue bonds as | 26 | | provided in subsection (a) of this Section. |
| | | 09900SB0550ham002 | - 7 - | LRB099 03301 MJP 51860 a |
|
| 1 | | (f) For purposes of this Section a school district may | 2 | | replace a school
building or build additions to replace | 3 | | portions of a building when it is
determined that the | 4 | | effectuation of the recommendations for the existing
building | 5 | | will cost more than the replacement costs. Such determination | 6 | | shall
be based on a comparison of estimated costs made by an | 7 | | architect or engineer
licensed in the State of Illinois. The | 8 | | new building or addition shall be
equivalent in area (square | 9 | | feet) and comparable in purpose and grades served
and may be on | 10 | | the same site or another site. Such replacement may only be | 11 | | done
upon order of the regional superintendent of schools and | 12 | | the approval of the
State Superintendent of Education. | 13 | | (g) The filing of a certified copy of the resolution | 14 | | levying the tax when
accompanied by the certificates of the | 15 | | regional superintendent of schools and
State Superintendent of | 16 | | Education shall be the authority of the county clerk to
extend | 17 | | such tax. | 18 | | (h) The county clerk of the county in which any school | 19 | | district levying a
tax under the authority of this Section is | 20 | | located, in reducing raised
levies, shall not consider any such | 21 | | tax as a part of the general levy
for school purposes and shall | 22 | | not include the same in the limitation of
any other tax rate | 23 | | which may be extended. | 24 | | Such tax shall be levied and collected in like manner as | 25 | | all other
taxes of school districts, subject to the provisions | 26 | | contained in this Section. |
| | | 09900SB0550ham002 | - 8 - | LRB099 03301 MJP 51860 a |
|
| 1 | | (i) The tax rate limit specified in this Section may be | 2 | | increased to .10%
upon the approval of a proposition to effect | 3 | | such increase by a majority
of the electors voting on that | 4 | | proposition at a regular scheduled election.
Such proposition | 5 | | may be initiated by resolution of the school board and
shall be | 6 | | certified by the secretary to the proper election authorities | 7 | | for
submission in accordance with the general election law. | 8 | | (j) When taxes are levied by any school district for fire | 9 | | prevention,
safety, energy conservation, and school security | 10 | | purposes as specified in this
Section, and the purposes for | 11 | | which the taxes have been
levied are accomplished and paid in | 12 | | full, and there remain funds on hand in
the Fire Prevention and | 13 | | Safety Fund from the proceeds of the taxes levied,
including | 14 | | interest earnings thereon, the school board by resolution shall | 15 | | use
such excess and other board restricted funds, excluding | 16 | | bond proceeds and
earnings from such proceeds, as follows: | 17 | | (1) for other authorized fire prevention,
safety, | 18 | | energy conservation, and school security purposes for | 19 | | repair and mitigation due to lead levels in the drinking | 20 | | water supply as described in Section 17.11 of the | 21 | | Environmental Protection Act and for required safety | 22 | | inspections;
or | 23 | | (2) for transfer to the Operations and Maintenance Fund
| 24 | | for the purpose of abating an equal amount of operations | 25 | | and maintenance
purposes taxes. | 26 | | Notwithstanding subdivision (2) of this subsection (j) and |
| | | 09900SB0550ham002 | - 9 - | LRB099 03301 MJP 51860 a |
|
| 1 | | subsection (k) of this Section, through June 30, 2019, the | 2 | | school board
may, by proper resolution following a public | 3 | | hearing set by the
school board or the president of the school | 4 | | board (that is
preceded (i) by at least one published notice | 5 | | over the name of
the clerk or secretary of the board, occurring | 6 | | at least 7 days
and not more than 30 days prior to the hearing, | 7 | | in a newspaper
of general circulation within the school | 8 | | district and (ii) by
posted notice over the name of the clerk | 9 | | or secretary of the
board, at least 48 hours before the | 10 | | hearing, at the principal
office of the school board or at the | 11 | | building where the hearing
is to be held if a principal office | 12 | | does not exist, with both
notices setting forth the time, date, | 13 | | place, and subject matter
of the hearing), transfer surplus | 14 | | life safety taxes and interest earnings thereon to the | 15 | | Operations and Maintenance Fund for building repair work. | 16 | | (k) If any transfer is made to the Operation and | 17 | | Maintenance
Fund, the secretary of the school board shall | 18 | | within 30 days notify
the county clerk of the amount of that | 19 | | transfer and direct the clerk to
abate the taxes to be extended | 20 | | for the purposes of operations and
maintenance authorized under | 21 | | Section 17-2 of this Act by an amount equal
to such transfer. | 22 | | (l) If the proceeds from the tax levy authorized by this
| 23 | | Section are insufficient to complete the work approved under | 24 | | this
Section, the school board is authorized to sell bonds | 25 | | without referendum
under the provisions of this Section in an | 26 | | amount that, when added to the
proceeds of the tax levy |
| | | 09900SB0550ham002 | - 10 - | LRB099 03301 MJP 51860 a |
|
| 1 | | authorized by this Section, will allow completion
of the | 2 | | approved work. | 3 | | (m) Any bonds issued pursuant to this Section shall bear | 4 | | interest at a rate not to exceed the maximum rate
authorized by | 5 | | law at the time of the making of the contract, shall mature
| 6 | | within 20 years from date, and shall be signed by the president | 7 | | of the school
board and the treasurer of the school district. | 8 | | (n) In order to authorize and issue such bonds, the school | 9 | | board shall adopt
a resolution fixing the amount of bonds, the | 10 | | date thereof, the maturities
thereof, rates of interest | 11 | | thereof, place of payment and denomination,
which shall be in | 12 | | denominations of not less than $100 and not more than
$5,000, | 13 | | and provide for the levy and collection of a direct annual tax | 14 | | upon
all the taxable property in the school district sufficient | 15 | | to pay the
principal and interest on such bonds to maturity. | 16 | | Upon the filing in the
office of the county clerk of the county | 17 | | in which the school district is
located of a certified copy of | 18 | | the resolution, it is the duty of the
county clerk to extend | 19 | | the tax therefor in addition to and in excess of all
other | 20 | | taxes heretofore or hereafter authorized to be
levied by such | 21 | | school district. | 22 | | (o) After the time such bonds are issued as provided for by | 23 | | this Section, if
additional alterations or reconstructions are | 24 | | required to be made because
of surveys conducted by an | 25 | | architect or engineer licensed in the State of
Illinois, the | 26 | | district may levy a tax at a rate not to exceed .05% per year
|
| | | 09900SB0550ham002 | - 11 - | LRB099 03301 MJP 51860 a |
|
| 1 | | upon all the taxable property of the district or issue | 2 | | additional bonds,
whichever action shall be the most feasible. | 3 | | (p) This Section is cumulative and constitutes complete | 4 | | authority for the
issuance of bonds as provided in this Section | 5 | | notwithstanding any other
statute or law to the contrary. | 6 | | (q) With respect to instruments for the payment of money | 7 | | issued under this
Section either before, on, or after the | 8 | | effective date of Public Act 86-004
(June 6, 1989), it is, and | 9 | | always has been, the intention of the General
Assembly (i) that | 10 | | the Omnibus Bond Acts are, and always have been,
supplementary | 11 | | grants of power to issue instruments in accordance with the
| 12 | | Omnibus Bond Acts, regardless of any provision of this Act that | 13 | | may appear
to be or to have been more restrictive than those | 14 | | Acts, (ii) that the
provisions of this Section are not a | 15 | | limitation on the supplementary
authority granted by the | 16 | | Omnibus Bond Acts, and (iii) that instruments
issued under this | 17 | | Section within the supplementary authority granted by the
| 18 | | Omnibus Bond Acts are not invalid because of any provision of | 19 | | this Act that
may appear to be or to have been more restrictive | 20 | | than those Acts. | 21 | | (r) When the purposes for which the bonds are issued have | 22 | | been accomplished
and paid for in full and there remain funds | 23 | | on hand from the proceeds of
the bond sale and interest | 24 | | earnings therefrom, the board shall, by
resolution, use such | 25 | | excess funds in accordance with the provisions of
Section | 26 | | 10-22.14 of this Act. |
| | | 09900SB0550ham002 | - 12 - | LRB099 03301 MJP 51860 a |
|
| 1 | | (s) Whenever any tax is levied or bonds issued for fire | 2 | | prevention, safety,
energy conservation, and school security | 3 | | purposes, such proceeds shall be
deposited and accounted for | 4 | | separately within the Fire Prevention and Safety
Fund. | 5 | | (Source: P.A. 98-26, eff. 6-21-13; 98-1066, eff. 8-26-14; | 6 | | 99-143, eff. 7-27-15; 99-713, eff. 8-5-16.) | 7 | | Section 15. The Public Utilities Act is amended by adding | 8 | | Section 9-246 as follows: | 9 | | (220 ILCS 5/9-246 new) | 10 | | Sec. 9-246. Rates; lead hazard cost recovery by | 11 | | investor-owned water utilities. In determining the rates for an | 12 | | investor-owned public utility engaged in providing water | 13 | | service, the Commission shall allow the utility to recover | 14 | | annually any reasonable costs incurred by the utility to comply | 15 | | with Section 17.11 of the Environmental Protection Act. | 16 | | Section 20. The Child Care Act of 1969 is amended by adding | 17 | | Section 5.9 as follows: | 18 | | (225 ILCS 10/5.9 new) | 19 | | Sec. 5.9. Lead testing of water in licensed day care | 20 | | centers, day care homes and group day care homes. | 21 | | (a) On or before January 1, 2018, the Department, in | 22 | | consultation with the Department of Public Health, shall adopt |
| | | 09900SB0550ham002 | - 13 - | LRB099 03301 MJP 51860 a |
|
| 1 | | rules that prescribe the procedures and standards to be used by | 2 | | the Department in assessing levels of lead in water in licensed | 3 | | day care centers, day care homes, and group day care homes | 4 | | constructed on or before January 1, 2000 that serve children | 5 | | under the age of 6. Such rules shall, at a minimum, include | 6 | | provisions regarding testing parameters, the notification of | 7 | | sampling results, training requirements for lead exposure and | 8 | | mitigation. | 9 | | (b) After adoption of the rules required by subsection (a) | 10 | | of this Section 5.9, and as part of an initial application or | 11 | | application for renewal of a license for day care centers, day | 12 | | care homes, and group day care homes, the Department shall | 13 | | require proof that the applicant has complied with all such | 14 | | promulgated rules. | 15 | | Section 25. The Environmental Protection Act is amended by | 16 | | changing Sections 19.3 and 19.4 and by adding Section 17.11 as | 17 | | follows: | 18 | | (415 ILCS 5/17.11 new) | 19 | | Sec. 17.11. Lead in drinking water prevention. | 20 | | (a) The General Assembly finds that lead has been detected | 21 | | in the drinking water of schools and residences in this State. | 22 | | The General Assembly also finds that infants and young children | 23 | | may suffer adverse health effects and developmental delays as a | 24 | | result of exposure to even low levels of lead. The General |
| | | 09900SB0550ham002 | - 14 - | LRB099 03301 MJP 51860 a |
|
| 1 | | Assembly further finds that it is in the best interests of the | 2 | | people of the State to require school districts
or chief school | 3 | | administrators, or the designees of school districts
or chief | 4 | | school administrators, and the owners and operators of | 5 | | community water systems to test for lead in drinking water in | 6 | | school buildings and provide written notification of the test | 7 | | results and for the owners and operators of community water | 8 | | systems to create a comprehensive lead service line inventory. | 9 | | The purpose of this Section is to require (i) school | 10 | | districts
or chief school administrators, or the designees of | 11 | | school districts
or chief school administrators, and the owners | 12 | | and operators of community water systems to test for lead with | 13 | | the goal of providing school building occupants with an | 14 | | adequate supply of safe, potable water for consumption that is | 15 | | free of lead; (ii) school districts
or chief school | 16 | | administrators, or the designees of school districts
or chief | 17 | | school administrator, to notify the parents and legal guardians | 18 | | of enrolled students of the sampling results from their | 19 | | respective school buildings; (iii) the owners and operators of | 20 | | community water systems to notify occupants of residences and | 21 | | water bill recipients, if different from the occupants, of | 22 | | their individual tap sampling results; (iv) the owners and | 23 | | operators of community water systems to provide notice to | 24 | | occupants of potentially affected residences of construction | 25 | | or repair work on water mains, lead service lines, or water | 26 | | meters; and (v) owners and operators of community water systems |
| | | 09900SB0550ham002 | - 15 - | LRB099 03301 MJP 51860 a |
|
| 1 | | to create a comprehensive lead service line inventory. | 2 | | (b) For the purposes of this Section: | 3 | | "Community water system" has the meaning ascribed to | 4 | | that term in 35 Ill. Adm. Code 611.101. | 5 | | "Potentially affected residence" means any residence | 6 | | where water service is or may be temporarily interrupted or | 7 | | shut off by or on behalf of an owner or operator of a | 8 | | community water system because construction or repair work | 9 | | is to be performed by or on behalf of the owner or operator | 10 | | of a community water system on or affecting a water main, | 11 | | service line, or water meter. | 12 | | "School building" means any facility or portion | 13 | | thereof that was constructed on or before January 1, 2000 | 14 | | and may be occupied by more than 10 children or students, | 15 | | pre-kindergarten through grade 5, within (a) a school | 16 | | district or (b) a public, private, charter, or nonpublic | 17 | | day or residential educational institution, that receives | 18 | | water from a community water system. | 19 | | "Source of potable water" means the point at which | 20 | | non-bottled water that may be ingested by children or used | 21 | | for food preparation exits any tap, faucet, drinking | 22 | | fountain, wash basin in a classroom occupied by children or | 23 | | students under grade 1, or similar point of use provided, | 24 | | however, that all (a) bathroom sinks and (b) wash basins | 25 | | used by janitorial staff are excluded from this definition. | 26 | | (c) Each school district
or chief school administrator, or |
| | | 09900SB0550ham002 | - 16 - | LRB099 03301 MJP 51860 a |
|
| 1 | | the designee of the school district
or chief school | 2 | | administrator, and the corresponding owner and operator of a | 3 | | community water system shall test each source of potable water | 4 | | in a school building for lead contamination as required in this | 5 | | subsection. | 6 | | (1) Each school district
or chief school | 7 | | administrator, or the designee of the school district
or | 8 | | chief school administrator, shall collect a minimum of | 9 | | three 250 milliliter sequential samples of water from each | 10 | | source of potable water located at each corresponding | 11 | | school building; provided, however, that to the extent that | 12 | | multiple sources of potable water utilize the same drain, | 13 | | (a) a minimum of three 250 milliliter sequential samples of | 14 | | water is required from one such source of potable water, | 15 | | and (b) only one 250 milliliter sample of water is required | 16 | | from the remaining such sources of potable water. The water | 17 | | corresponding to the first 250 milliliter sample from each | 18 | | source of potable water shall have been standing in the | 19 | | plumbing pipes for at least 8 hours, but not more than 18 | 20 | | hours, without any flushing of the source of potable water | 21 | | before sample collection. Samples shall be collected | 22 | | pursuant to such other specifications as the Agency may | 23 | | determine appropriate. | 24 | | (2) Each school district
or chief school | 25 | | administrator, or the designee of the school district
or | 26 | | chief school administrator, shall submit (A) the samples to |
| | | 09900SB0550ham002 | - 17 - | LRB099 03301 MJP 51860 a |
|
| 1 | | an Agency-accredited laboratory for analysis for lead in | 2 | | accordance with the instructions supplied by the owners and | 3 | | operators of the community water system and (B) the written | 4 | | sampling results to the Agency and the Department of Public | 5 | | Health within 7 business days of receipt of the results. | 6 | | (3) If any sample tests positive for lead, the school | 7 | | district
or chief school administrator, or the designee of | 8 | | the school district
or chief school administrator, shall | 9 | | promptly provide an individual notification of the | 10 | | sampling results, via written or electronic communication, | 11 | | to the parents or legal guardians of all enrolled students | 12 | | of the sampling results and include the following | 13 | | information: the corresponding sampling location within | 14 | | the school building and the United States Environmental | 15 | | Protection Agency's website for information about lead in | 16 | | drinking water. | 17 | | (4) Sampling and analysis shall be completed by the | 18 | | following applicable deadlines: for school buildings | 19 | | constructed through January 1, 1987, by December 31, 2017; | 20 | | and for school buildings constructed between January 2, | 21 | | 1987 and January 1, 2000, by December 31, 2018. | 22 | | (5) The school district or chief school administrator, | 23 | | or the designee of the school district or chief school | 24 | | administrator, shall provide the corresponding owner and | 25 | | operator of the community water supply with a written list | 26 | | of all sources of potable water that are required to be |
| | | 09900SB0550ham002 | - 18 - | LRB099 03301 MJP 51860 a |
|
| 1 | | sampled in each school building. Within 20 days of receipt | 2 | | of the written list, the owner and operator of the | 3 | | community water system shall (A) provide each | 4 | | corresponding school district
or chief school | 5 | | administrator, or the designee of the school district
or | 6 | | chief school administrator, with the (i) sampling | 7 | | instructions, (ii) equipment necessary to collect all | 8 | | samples required under this subsection from the school | 9 | | buildings of each such school district
or chief school | 10 | | administrator, or the designee of the school district
or | 11 | | chief school administrator, and (iii) instructions for | 12 | | delivering the samples to an Agency-accredited laboratory; | 13 | | and (B) pay for the total cost of the laboratory analysis | 14 | | of all such required samples. The obligation of each owner | 15 | | and operator of the community water system to pay the total | 16 | | cost of the laboratory analysis expires if the | 17 | | corresponding school district or chief school | 18 | | administrator, or the designee of the school district or | 19 | | chief school administrator, fails to submit the samples for | 20 | | analysis prior to the applicable corresponding deadline in | 21 | | subsection 4 of Section 17.11(c). | 22 | | (6) The school district
or chief school administrator, | 23 | | or the designee of the school district
or chief school | 24 | | administrator, may provide written notice to the owner and | 25 | | operator of the corresponding community water system that | 26 | | it will undertake all responsibilities under this |
| | | 09900SB0550ham002 | - 19 - | LRB099 03301 MJP 51860 a |
|
| 1 | | subsection. If the school district
or chief school | 2 | | administrator, or the designee of the school district
or | 3 | | chief school administrator, provides such written notice, | 4 | | the owner and operator of the corresponding community water | 5 | | system shall be exempt from the requirements of this | 6 | | subsection. | 7 | | (7) A school district
or chief school administrator, or | 8 | | the designee of the school district
or chief school | 9 | | administrator, may seek a waiver of the requirements of | 10 | | this subsection from the Agency, in consultation with the | 11 | | Department of Public Health, if (A) the school district
or | 12 | | chief school administrator, or the designee of the school | 13 | | district
or chief school administrator, collected at least | 14 | | one 250 milliliter sample of water from each source of | 15 | | potable water that had been standing in the plumbing pipes | 16 | | for at least 6 hours and that was collected without | 17 | | flushing the source of potable water before collection, (B) | 18 | | an Agency-accredited laboratory analyzed the samples, (C) | 19 | | test results were obtained prior to the effective date of | 20 | | this amendatory Act of the 99th General Assembly, but after | 21 | | January 1, 2013, and (D) test results were submitted to the | 22 | | Agency and the Department of Public Health within 120 days | 23 | | of the effective date of this amendatory Act of the 99th | 24 | | General Assembly. | 25 | | (8) Lead sampling results obtained shall not be used | 26 | | for purposes of determining compliance with the Board's |
| | | 09900SB0550ham002 | - 20 - | LRB099 03301 MJP 51860 a |
|
| 1 | | rules that implement the national primary drinking water | 2 | | regulations for lead and copper. | 3 | | (d) By no later than June 30, 2019, the Agency, in | 4 | | consultation with the Department of Public Health, shall | 5 | | determine whether it is necessary and appropriate to protect | 6 | | public health to require schools constructed in whole or in | 7 | | part after January 1, 2000 to conduct testing for lead from | 8 | | sources of potable water, taking into account, among other | 9 | | relevant information, the results of testing conducted | 10 | | pursuant to Section 17.11(c). | 11 | | (e) The owner or operator of each community water system in | 12 | | the State shall develop a water distribution system material | 13 | | inventory that shall be submitted to the Agency and the | 14 | | Department of Public Health an annual basis commencing on April | 15 | | 15, 2018 and continuing on each April 15 thereafter until the | 16 | | water distribution system material inventory is completed. In | 17 | | addition to meeting the requirements for water distribution | 18 | | system material inventories that are mandated by the United | 19 | | States Environmental Protection Agency, each water | 20 | | distribution system material inventory shall identify: | 21 | | provided, however, that, nothing in this subsection shall be | 22 | | construed to require that privately owned lead service lines be | 23 | | unearthed: | 24 | | (1) all known lead service lines within or connected to | 25 | | its community water system distribution system, including | 26 | | privately owned lead service lines; |
| | | 09900SB0550ham002 | - 21 - | LRB099 03301 MJP 51860 a |
|
| 1 | | (2) the lead service lines that were added to the | 2 | | inventory after the previous year's submission; | 3 | | (3) the total number of service lines within the | 4 | | community water supply distribution system; | 5 | | (4) the percentage of service lines that are known to | 6 | | contain lead; | 7 | | (5) the percentage of service lines that are known to | 8 | | be of a material other than lead; and | 9 | | (6) the percentage of service lines added to the | 10 | | inventory after the previous submission of the annual lead | 11 | | service line inventory. | 12 | | (f) Beginning January 1, 2017, when conducting routine | 13 | | inspections of community water systems as required under this | 14 | | Act, the Agency may conduct a separate audit to identify | 15 | | progress that the community water system has made toward | 16 | | completing the water distribution system material inventories | 17 | | required under subsection (d) of this Section. | 18 | | (g) The owner or operator of a community water system shall | 19 | | provide a notice of the individual tap sampling results to the | 20 | | persons served by the water system at the specific sampling | 21 | | site from which the sample was taken (e.g., the occupants of | 22 | | the residence where the tap was tested) and to the persons who | 23 | | receive the water bills for each residence. In preparing such | 24 | | notice and providing it to the persons required under this | 25 | | subsection, the owner or operator of a community water system | 26 | | shall comply with the requirements set forth in 35 Ill. Adm. |
| | | 09900SB0550ham002 | - 22 - | LRB099 03301 MJP 51860 a |
|
| 1 | | Code 611.355(d)(2)-(4). The notification described in this | 2 | | subsection (f) is in addition to any other notification that | 3 | | may be required. | 4 | | (h) The owner or operator of the community water system | 5 | | shall provide notice of construction or repair work on a water | 6 | | main service line, or water meter in accordance with the | 7 | | following requirements: | 8 | | (1) Within 14 days prior to beginning planned work to | 9 | | repair or replace any water mains or lead service lines, | 10 | | the owner or operator of a community water system shall | 11 | | notify, through an individual written notice, each | 12 | | occupant of each potentially affected residence of the | 13 | | planned work. In cases where a community water system must | 14 | | perform construction or repair work on an emergency basis | 15 | | or where such work is not scheduled at least 14 days prior | 16 | | to work taking place, the community water system shall | 17 | | notify each occupant of each potentially affected | 18 | | residence as soon as reasonably possible. When work is to | 19 | | repair or replace a water meter, the notification shall be | 20 | | provided at the time the work is initiated. | 21 | | (2) Such notification shall include, at a minimum: | 22 | | (A) a warning that the work may result in sediment, | 23 | | possibly containing lead, in the residence's water | 24 | | supply; and | 25 | | (B) information concerning best practices for | 26 | | preventing the consumption of any lead in drinking |
| | | 09900SB0550ham002 | - 23 - | LRB099 03301 MJP 51860 a |
|
| 1 | | water, including a recommendation to flush water lines | 2 | | during and after the completion of the repair or | 3 | | replacement work and to clean faucet aerator screens; | 4 | | and | 5 | | (C) information regarding the dangers of lead in | 6 | | young children. | 7 | | (3) To the extent that the owner or operator of a | 8 | | community water system serves a significant proportion of | 9 | | non-English speaking consumers, the notification must | 10 | | contain information in the appropriate languages regarding | 11 | | the importance of the notice, and it must contain a | 12 | | telephone number or address where a person served may | 13 | | contact the owner or operator of the community water system | 14 | | to obtain a translated copy of the notification or to | 15 | | request assistance in the appropriate language. | 16 | | (4) Notwithstanding anything to the contrary set forth | 17 | | in this section, to the extent that notification is | 18 | | required for the entire community served by a community | 19 | | water system, publication notification, through a local | 20 | | newspaper, social media or other similar means, may be | 21 | | utilized in lieu of an individual written notification. | 22 | | (5) The notification requirements in this subsection | 23 | | (g) do not apply to work performed on water mains that are | 24 | | used to transmit treated water between community water | 25 | | systems and have no service connections.
|
| | | 09900SB0550ham002 | - 24 - | LRB099 03301 MJP 51860 a |
|
| 1 | | (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
| 2 | | Sec. 19.3. Water Revolving Fund.
| 3 | | (a) There is hereby created within the State Treasury a | 4 | | Water Revolving
Fund, consisting of 3 interest-bearing special | 5 | | programs to be known as the
Water Pollution Control Loan | 6 | | Program, the Public Water Supply Loan Program, and
the Loan | 7 | | Support Program, which shall be used and administered by the | 8 | | Agency.
| 9 | | (b) The Water Pollution Control Loan Program shall be used | 10 | | and administered
by the Agency to provide assistance for the | 11 | | following purposes:
| 12 | | (1) to accept and retain funds from grant awards, | 13 | | appropriations,
transfers, and payments of interest and | 14 | | principal;
| 15 | | (2) to make direct loans at or below market interest | 16 | | rates and to provide additional subsidization, including, | 17 | | but not limited to, forgiveness of principal, negative | 18 | | interest rates, and grants, to any
eligible local | 19 | | government unit to finance the construction of
treatments | 20 | | works, including storm water treatment systems that are | 21 | | treatment works, and projects that fulfill federal State | 22 | | Revolving Fund grant requirements for a green project | 23 | | reserve;
| 24 | | (2.5) with respect to funds provided under the American | 25 | | Recovery and Reinvestment Act of 2009: | 26 | | (A) to make direct loans at or below market |
| | | 09900SB0550ham002 | - 25 - | LRB099 03301 MJP 51860 a |
|
| 1 | | interest rates to any eligible local government unit | 2 | | and to provide additional subsidization to any | 3 | | eligible local government unit, including, but not | 4 | | limited to, forgiveness of principal, negative | 5 | | interest rates, and grants; | 6 | | (B) to make direct loans at or below market | 7 | | interest rates to any eligible local government unit to | 8 | | buy or refinance debt obligations for treatment works | 9 | | incurred on or after October 1, 2008; and | 10 | | (C) to provide additional subsidization, | 11 | | including, but not limited to, forgiveness of | 12 | | principal, negative interest rates, and grants for | 13 | | treatment works incurred on or after October 1, 2008; | 14 | | (3) to make direct loans at or below market interest | 15 | | rates and to provide additional subsidization, including, | 16 | | but not limited to, forgiveness of principal, negative | 17 | | interest rates, and grants, to any
eligible local | 18 | | government unit to buy or refinance debt obligations for | 19 | | costs
incurred after March 7, 1985, for the construction of | 20 | | treatment works, including storm water treatment systems | 21 | | that are treatment works, and projects that fulfill federal | 22 | | State Revolving Fund grant requirements for a green project | 23 | | reserve;
| 24 | | (3.5) to make loans, including, but not limited to, | 25 | | loans through a linked deposit program, at or below market | 26 | | interest rates for the
implementation of a management |
| | | 09900SB0550ham002 | - 26 - | LRB099 03301 MJP 51860 a |
|
| 1 | | program established under Section 319 of the
Federal Water | 2 | | Pollution Control Act, as amended;
| 3 | | (4) to guarantee or purchase insurance for local | 4 | | obligations
where such action would improve credit market | 5 | | access or reduce interest rates;
| 6 | | (5) as a source of revenue or security for the payment | 7 | | of principal and
interest on revenue or general obligation | 8 | | bonds issued by the State or any
political subdivision or | 9 | | instrumentality thereof, if the proceeds of such
bonds will | 10 | | be deposited in the Fund;
| 11 | | (6) to finance the reasonable costs incurred by the | 12 | | Agency in the
administration of the Fund;
| 13 | | (7) to transfer funds to the Public Water Supply Loan | 14 | | Program; and
| 15 | | (8) notwithstanding any other provision of this | 16 | | subsection (b), to provide, in accordance with rules | 17 | | adopted under this Title, any other financial assistance | 18 | | that may be provided under Section 603 of the Federal Water | 19 | | Pollution Control Act for any other projects or activities | 20 | | eligible for assistance under that Section or federal rules | 21 | | adopted to implement that Section. | 22 | | (c) The Loan Support Program shall be used and administered | 23 | | by the Agency
for the following purposes:
| 24 | | (1) to accept and retain funds from grant awards and | 25 | | appropriations;
| 26 | | (2) to finance the reasonable costs incurred by the |
| | | 09900SB0550ham002 | - 27 - | LRB099 03301 MJP 51860 a |
|
| 1 | | Agency in the
administration of the Fund, including | 2 | | activities under Title III of this
Act, including the | 3 | | administration of the State
construction grant program;
| 4 | | (3) to transfer funds to the Water Pollution Control | 5 | | Loan
Program and the Public Water Supply Loan Program;
| 6 | | (4) to accept and retain a portion of the loan | 7 | | repayments;
| 8 | | (5) to finance the development of the low interest loan
| 9 | | programs for water pollution control and public water | 10 | | supply projects;
| 11 | | (6) to finance the reasonable costs incurred by the | 12 | | Agency to provide
technical assistance for public water | 13 | | supplies; and
| 14 | | (7) to finance the reasonable costs incurred by the | 15 | | Agency for
public water system supervision programs, to | 16 | | administer or provide for
technical assistance through | 17 | | source water protection programs, to develop and
implement | 18 | | a capacity development strategy, to delineate and assess | 19 | | source water
protection areas, and for an operator | 20 | | certification program in accordance with
Section 1452 of | 21 | | the federal Safe Drinking Water Act.
| 22 | | (d) The Public Water Supply Loan Program shall be used and | 23 | | administered by
the Agency to provide assistance to local | 24 | | government units and privately owned
community water supplies | 25 | | for public water systems as defined in 40 CFR 141.2 and 40 CFR | 26 | | 35.3505
supplies for the following public purposes:
|
| | | 09900SB0550ham002 | - 28 - | LRB099 03301 MJP 51860 a |
|
| 1 | | (1) to accept and retain funds from grant awards, | 2 | | appropriations,
transfers, and payments of interest and | 3 | | principal;
| 4 | | (2) to make direct loans at or below market interest | 5 | | rates and to provide additional subsidization, including, | 6 | | but not limited to, forgiveness of principal, negative | 7 | | interest rates, and grants, to any eligible
local | 8 | | government unit or to any eligible privately owned | 9 | | community water supply
to finance the construction of water | 10 | | supplies and projects that fulfill federal State Revolving | 11 | | Fund grant requirements for a green project reserve;
| 12 | | (2.5) with respect to funds provided under the American | 13 | | Recovery and Reinvestment Act of 2009: | 14 | | (A) to make direct loans at or below market | 15 | | interest rates to any eligible local government unit or | 16 | | to any eligible privately owned community water | 17 | | supply, and to provide additional subsidization to any | 18 | | eligible local government unit or to any eligible | 19 | | privately owned community water supply, including, but | 20 | | not limited to, forgiveness of principal, negative | 21 | | interest rates, and grants; | 22 | | (B) to buy or refinance the debt obligation of a | 23 | | local government unit for costs incurred on or after | 24 | | October 1, 2008; and
| 25 | | (C) to provide additional subsidization, | 26 | | including, but not limited to, forgiveness of |
| | | 09900SB0550ham002 | - 29 - | LRB099 03301 MJP 51860 a |
|
| 1 | | principal, negative interest rates, and grants for a | 2 | | local government unit for costs incurred on or after | 3 | | October 1, 2008; | 4 | | (3) to make direct loans at or below market interest | 5 | | rates and to provide additional subsidization, including, | 6 | | but not limited to, forgiveness of principal, negative | 7 | | interest rates, and grants, to any eligible local | 8 | | government unit or to any eligible privately owned | 9 | | community water supply to buy or refinance debt obligations | 10 | | for
costs incurred on or after July 17, 1997, for the | 11 | | construction of water supplies and projects that fulfill | 12 | | federal State Revolving Fund requirements for a green | 13 | | project reserve;
| 14 | | (4) to guarantee local obligations where such action | 15 | | would improve credit
market access or reduce interest | 16 | | rates;
| 17 | | (5) as a source of revenue or security for the payment | 18 | | of principal and
interest on revenue or general obligation | 19 | | bonds issued by the State or any
political subdivision or | 20 | | instrumentality thereof, if the proceeds of such
bonds will | 21 | | be deposited into the Fund; and
| 22 | | (6) to transfer funds to the Water Pollution Control | 23 | | Loan Program ; and .
| 24 | | (7) notwithstanding any other provision of this | 25 | | subsection (d), to provide any other financial assistance | 26 | | that may be provided under Section 1452 of the federal Safe |
| | | 09900SB0550ham002 | - 30 - | LRB099 03301 MJP 51860 a |
|
| 1 | | Drinking Water Act for any expenditures eligible for | 2 | | assistance under that Section or federal rules adopted to | 3 | | implement that Section. | 4 | | (e) The Agency is designated as the administering agency of | 5 | | the Fund.
The Agency shall submit to the Regional Administrator | 6 | | of the United States
Environmental Protection Agency an | 7 | | intended use plan which outlines the
proposed use of funds | 8 | | available to the State. The Agency shall take all
actions | 9 | | necessary to secure to the State the benefits of the federal
| 10 | | Water Pollution Control Act and the federal Safe Drinking Water | 11 | | Act, as now
or hereafter amended.
| 12 | | (f) The Agency shall have the power to enter into | 13 | | intergovernmental
agreements with the federal government or | 14 | | the State, or any instrumentality
thereof, for purposes of | 15 | | capitalizing the Water Revolving Fund.
Moneys on deposit in the | 16 | | Water Revolving Fund may be used for the
creation of reserve | 17 | | funds or pledged funds that secure the obligations
of repayment | 18 | | of loans made pursuant to this Section. For the purpose
of | 19 | | obtaining capital for deposit into the Water Revolving Fund, | 20 | | the
Agency may also enter into agreements with financial | 21 | | institutions and other
persons for the purpose of selling loans | 22 | | and developing a secondary market
for such loans. The Agency | 23 | | shall have the power to create and establish such
reserve funds | 24 | | and accounts as may be necessary or desirable to accomplish its
| 25 | | purposes under this subsection and to allocate its available | 26 | | moneys into such
funds and accounts. Investment earnings on |
| | | 09900SB0550ham002 | - 31 - | LRB099 03301 MJP 51860 a |
|
| 1 | | moneys held in the Water Revolving
Fund, including any reserve | 2 | | fund or pledged fund, shall be deposited into the
Water | 3 | | Revolving Fund.
| 4 | | (Source: P.A. 98-782, eff. 7-23-14; 99-187, eff. 7-29-15.)
| 5 | | (415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4)
| 6 | | Sec. 19.4. Regulations; priorities.
| 7 | | (a) The Agency shall have the authority to promulgate
| 8 | | regulations for the administration of this Title, including, | 9 | | but not limited to, rules setting forth procedures and criteria | 10 | | concerning loan
applications and the issuance of loans. For | 11 | | loans to units of local government, the regulations shall
| 12 | | include, but need not be limited to, the following elements:
| 13 | | (1) loan application requirements;
| 14 | | (2) determination of credit worthiness of the loan | 15 | | applicant;
| 16 | | (3) special loan terms, as necessary, for securing the | 17 | | repayment of the
loan;
| 18 | | (4) assurance of payment;
| 19 | | (5) interest rates;
| 20 | | (6) loan support rates;
| 21 | | (7) impact on user charges;
| 22 | | (8) eligibility of proposed construction;
| 23 | | (9) priority of needs;
| 24 | | (10) special loan terms for disadvantaged communities;
| 25 | | (11) maximum limits on annual distributions of funds to |
| | | 09900SB0550ham002 | - 32 - | LRB099 03301 MJP 51860 a |
|
| 1 | | applicants
or groups of applicants;
| 2 | | (12) penalties for noncompliance with loan | 3 | | requirements and conditions,
including stop-work orders, | 4 | | termination, and recovery of loan funds; and
| 5 | | (13) indemnification of the State of Illinois and the | 6 | | Agency by the loan
recipient.
| 7 | | (b) The Agency shall have the authority to promulgate | 8 | | regulations to set
forth procedures and criteria concerning | 9 | | loan applications for loan recipients
other than units of local | 10 | | government. In addition to all of the elements
required for | 11 | | units of local government under subsection (a), the regulations
| 12 | | shall include, but need not be limited to, the following | 13 | | elements:
| 14 | | (1) types of security required for the loan;
| 15 | | (2) types of collateral, as necessary, that can be | 16 | | pledged for the loan;
and
| 17 | | (3) staged access to fund privately owned community | 18 | | water supplies.
| 19 | | (c) Rules adopted under this Title shall also include, but | 20 | | shall not be limited to, criteria for prioritizing the issuance | 21 | | of loans under this Title according to applicant need.
Priority | 22 | | in making loans from the Public Water Supply Loan Program must | 23 | | first
be given to local government units and privately owned | 24 | | community water supplies
that need to make capital improvements | 25 | | to
protect human health and to achieve compliance with the | 26 | | State and federal
primary drinking water standards adopted |
| | | 09900SB0550ham002 | - 33 - | LRB099 03301 MJP 51860 a |
|
| 1 | | pursuant to this Act and the federal
Safe Drinking Water Act, | 2 | | as now and hereafter amended. Rules for prioritizing loans from | 3 | | the Water Pollution Control Loan Program may include, but shall | 4 | | not be limited to, criteria designed to encourage green | 5 | | infrastructure, water efficiency, environmentally innovative | 6 | | projects, and nutrient pollution removal. | 7 | | (d) The Agency shall have the authority to promulgate | 8 | | regulations to set forth procedures and criteria concerning | 9 | | loan applications for funds provided under the American | 10 | | Recovery and Reinvestment Act of 2009. In addition, due to time | 11 | | constraints in the American Recovery and Reinvestment Act of | 12 | | 2009, the Agency shall adopt emergency rules as necessary to | 13 | | allow the timely administration of funds provided under the | 14 | | American Recovery and Reinvestment Act of 2009. Emergency rules | 15 | | adopted under this subsection (d) shall be adopted in | 16 | | accordance with Section 5-45 of the Illinois Administrative | 17 | | Procedure Act. | 18 | | (e) The Agency may adopt rules to create a linked deposit | 19 | | loan program through which loans made pursuant to paragraph | 20 | | (3.5) of subsection (b) of Section 19.3 may be made through | 21 | | private lenders. Rules adopted under this subsection (e) shall | 22 | | include, but shall not be limited to, provisions requiring | 23 | | private lenders, prior to disbursing loan proceeds through the | 24 | | linked deposit loan program, to verify that the loan recipients | 25 | | have been approved by the Agency for financing under paragraph | 26 | | (3.5) of subsection (b) of Section 19.3. |
| | | 09900SB0550ham002 | - 34 - | LRB099 03301 MJP 51860 a |
|
| 1 | | (Source: P.A. 98-782, eff. 7-23-14.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
|
|