HB2021ham001 102ND GENERAL ASSEMBLY

Rep. Keith R. Wheeler

Filed: 4/20/2021

10200HB2021ham001 LRB102 12237 RPS 25597 a

AMENDMENT TO HOUSE BILL 2021

AMENDMENT NO. ______. Amend House Bill 2021 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Water Quality Assurance Act.

Section 5. Purpose. It has been established by scientific evidence that improper management of building water systems may cause or contribute to the proliferation of opportunistic waterborne pathogens and can result in adverse health effects and potentially lethal disease in at-risk populations. In order to safeguard the health and safety of the people of this State, the General Assembly finds it necessary to provide for the promulgation of requirements for water management and sampling programs in health care facilities and authoritatively establish the registration and certification of water quality professionals and contractors.

Section 10. Definitions. In this Act:

"Agent health department" means a certified local health department that the Department has designated as its agent for making inspections and investigations under Section 70.

"Building water system" means a potable or nonpotable water system in a building or on a building site, including, but not limited to, a water supply system, decorative water feature, evaporative cooler or condenser, whirlpool spa, humidification system, and other aerosolizing water features.

"Control limits" means a maximum value, a minimum value, or a range of values of a chemical or physical parameter associated with a control measure that is monitored and maintained to reduce the occurrence of hazardous conditions. The Department may by rule establish control limits.

"Control measures" means disinfecting, heating, cooling, filtering, flushing, or other means, methods, or procedures used to maintain the physical, biological, or chemical conditions of water within an established control limit. "Control measures" includes treatment methods, technical and physical processes, and procedures and activities or actions that monitor or maintain physical, biological, or chemical conditions of water to within control limits. Water management teams shall establish control limits as a maximum value, minimum value, or range of values for chemical, biological, and physical parameters.

"Department" means the Department of Public Health.

"Health care facility" means a facility organized under the University of Illinois Hospital Act or licensed under the Ambulatory Surgical Treatment Center Act, Hospital Licensing Act, Nursing Home Care Act, Assisted Living and Shared Housing Act, or Community Mental Health Act.

"Immediate control measures" means preestablished actions within a water management program intended to reduce potential exposure to opportunistic waterborne pathogens to be implemented when a building water system is thought to be a source of opportunistic waterborne pathogen transmission. "Immediate control measures" include, but are not limited to, restricting operations of building water systems, installing appropriate primary barriers to reduce the possibility of exposures, halting new admissions, or temporarily closing an affected building or area.

"Initial inspection" means an inspection conducted by the Department to determine compliance with this Act and rules adopted under this Act to assess the operation of a water management program.

"Opportunistic waterborne pathogens" means organisms found in water that are capable of causing disease in an at-risk individual or population.

"Person" means any individual, group of individuals, association, trust, partnership, limited liability company, corporation, person doing business under an assumed name, county, municipality, the State of Illinois, or any political subdivision or department thereof, or any other entity.

"Subsequent inspection" means any inspection made by the Department or an agent health department for the purpose of responding to a substantiated complaint, complying with a request by a health care facility or the agent health department, or ensuring compliance with an order or request of the Department. "Subsequent inspection" does not include initial inspections performed by the Department.

Section 15. Water Quality Assurance Fund. The Water Quality Assurance Fund is created as a special fund in the State treasury. All funds generated under this Act shall be deposited into the Fund and, subject to appropriation, available to the Department for the implementation of this Act and any rules adopted by the Department under this Act.

Section 20. Administration; rules.

(a) The Department shall implement, administer, and enforce this Act and may adopt rules it deems necessary to do so. In case of conflict between the Illinois Administrative Procedure Act and this Act, the provisions of this Act shall control, except that Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rulemaking does not apply to the adoption of any rule required by federal law in connection with which the Department is precluded by law from exercising any discretion. In preparing rules under this Act, the Department may give consideration to nationally recognized standards and guidelines.

(b) The Department may establish rules that specify the laboratory method used to evaluate water for the presence of bacteria capable of causing opportunistic infections. The Department shall provide through its laboratories or ensure through evaluation of commercially available providers the use of appropriate laboratory test methods suitable for testing samples for the presence of Legionella bacteria. The Department's laboratory may collect fees for tests performed, which shall be deposited into the Public Health Laboratory Services Revolving Fund.

Section 25. Water management programs.

(a) A health care facility, or the owner of a building containing a health care facility, shall develop and implement a water management program to control the growth and spread of opportunistic waterborne pathogens that, at a minimum, include the following elements:

(1) Identification of persons on the water management program team responsible for developing, updating, implementing, and documenting actions designated by the water management plan.

(2) Identification and description of all building water systems within the building and on the building site using text and process flow diagrams.

(3) A risk assessment identifying areas within building water systems where conditions may promote the growth and spread of opportunistic waterborne pathogens.

(4) Based on the risk assessment described in paragraph (3), identification and description of control locations where control measures should be applied and maintained, including identification of control limits and procedures for routinely monitoring water quality parameters such as temperature or residual disinfectant control locations.

(5) Conditions requiring implementation of preestablished corrective actions when control limits are not met or contingency responses and time frames for execution of such actions, including, but not limited to, implementation of appropriate immediate control measures in the event of:

(A) culture analysis results identifying the presence of opportunistic waterborne pathogens within a building water system; or

(B) a determination by the Department or an agent health department that one or more cases of disease or illness are, or may be, caused by an opportunistic waterborne pathogen and may be associated with a building water system in the building or on the premises of the health care facility.

(6) Establish verification and validation procedures to initially and routinely confirm that the water management program is being implemented as developed and is effective at controlling the growth and spread of opportunistic waterborne pathogens.

(7) Procedures identifying records of actions and activities of the water management program and water management team. Records may include, but are not limited to, documentation of corrective actions, maintenance, logs of water quality parameter monitoring or water management activities, and laboratory results of sampling performed. Such records shall be maintained for at least 3 years and shall be made available upon request by the Department or an agent health department.

(b) In concert with the water management program, building owners, representatives of building owners, tenants, or their designees shall develop and implement a routine culture sampling plan for all building water systems. Routine culture sampling and analysis shall be conducted a minimum of once every 6 months. Culture sampling plans shall include, at a minimum, provisions for analysis of Legionella species by a United States Centers for Disease Control and Prevention Environmental Legionella Isolate Technique Evaluation (ELITE) member laboratory. In addition to such routine culture sampling, the Department may require a health care facility to conduct additional culture sampling and analysis of building water systems at locations, within a time frame, using sampling methods described by the Department in response to:

(1) notification from the Department or an agent health department that one or more cases of disease or illness associated with opportunistic waterborne pathogens are, or may be, associated with the health care facility; or

(2) any other conditions specified by the Department.

(c) If the Department determines that a water management program does not include appropriate immediate control measures or if a water management program's immediate control measures are deemed ineffective or inappropriate by the Department, the Department may direct the facility to immediately implement immediate control measures as appropriate to reduce transmission of opportunistic waterborne pathogens.

(d) A health care facility shall develop communication plans to notify patients, residents, staff, and visitors of one or more cases of disease or illness associated with opportunistic waterborne pathogens. When notified by the Department or an agent health department that one or more cases of disease or illness associated with the building or site of the building, the health care facility shall provide written notification within 48 hours to patients, residents, staff, and legal guardians. Written notification may include, but is not limited to, e-mail, text, or other written communication consistent with the health care facility's communication practices. The written notification must include:

(1) notification of the disease and the number of cases associated with the health care facility;

(2) actions taken by the water management team in response to the case or cases;

(3) immediate control measures implemented by the water management team to prevent further cases;

(4) immediate appropriate disease surveillance efforts to identify past or future cases; and

(5) a health care facility may state in the notification that the cases reported are from an unknown source when consistent with the Department or an agent health department's investigation.

(e) After a health care facility has successfully completed any remediation necessary under Section 30, as demonstrated through environmental sampling, the Department or an agent health department has confirmed that there are no additional cases of disease or illness associated with an outbreak, and the Department or agent health department has concluded its investigation, the Department or agent health department shall provide the health care facility with a dated written certification that the health care facility is no longer under an active investigation associated with the cases of disease or illness referenced in subsection (b) and that remediation under Section 30 has been successfully completed.

(f) Following written certification under paragraph (e), in cases where the Department or an agent health department makes a statement to the public identifying a health care facility as being associated with one or more cases of disease or illness from an opportunistic waterborne pathogen referenced in paragraph (b), a statement shall be made by the Department or the agent health department that the remediation referenced in Section 30 has been completed and the Department or agent health department is not aware of any additional cases of disease or illness associated with the facility.

Section 30. Remediation of identified opportunistic waterborne pathogens.

(a) When the presence of opportunistic waterborne pathogens is detected by culture sampling programs or through environmental investigations of disease or illness associated with opportunistic waterborne pathogens at a health care facility, the health care facility shall take actions to remediate possible environmental sources. Such actions shall be documented and records shall be made available to the Department in accordance with this Act.

(b) When remediation activities include the use of supplemental disinfectants, or other treatment that alters biological, physical, or chemical characteristics of water to control for opportunistic waterborne pathogens, then building owners, representatives of building owners, tenants, or their designees shall comply with the Environmental Protection Act, the Illinois Groundwater Protection Act, and any rules adopted under those Acts.

(c) A health care facility using disinfectants to provide supplemental disinfectant by temporary injection or other means that does not include the installation of equipment shall notify the Department via email at least 48 hours prior to the treatment in accordance with rules adopted under this Act. Upon notification, the Department may require a health care facility to establish and implement immediate measures prior to the event to protect patients during the remediation activities, including providing notification to building users of the disinfection event.

(d) Any supplemental disinfectant, equipment, or treatment used to remediate opportunistic waterborne pathogens shall be certified for its intended use and purpose by one or more approved agencies listed in rules adopted by the Department for efficacy in achieving its listed use and purpose.

Section 35. Inspections. Subject to constitutional limitations, the Department, by its representatives, or an agent health department, after proper identification, may enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this Act and rules adopted under this Act. Written notice of all violations shall be given to each person against whom a violation is alleged.

Section 40. Access to premises. It shall be the duty of owners and operators of health care facilities and buildings containing health care facilities to give the Department and its authorized agents free access to such premises at all reasonable times for the purpose of inspection.

Section 45. Fee schedule. A fee schedule for fees assessed by the Department for a health care facility shall be established by rules adopted by the Department.

Section 50. Certification and registration of water management professionals and contractors.

(a) Any individual, business, or organization who offers services relative to the development of water management programs, building water sampling programs, or supplemental treatment of building water systems for the control of opportunistic waterborne pathogens shall be registered and certified by the Department. Persons seeking registration and certification under this Section shall apply for certification pursuant to rules adopted by the Department. In preparing rules for certification, the Department may consider nationally recognized standards and guidelines.

(b) The Department may collect a reasonable fee to register and certify water management professionals and contractors. The fees shall be deposited into the Water Quality Assurance Fund and used by the Department for the activities prescribed in this Act.

(c) The Department shall adopt rules relating to the issuance, renewal, or suspension of the certification of an individual, business, or organization.

Section 55. Registration of building water systems at health care facilities.

(a) A health care facility shall register with the Department all building water systems. Such building water systems shall be initially registered within 120 days after the effective date of this Act. The registration shall be collected on forms developed by the Department and shall include, but not be limited to:

(1) the street address of the building in which the building water system is located, with building identification number, if any;

(2) the latitude and longitude of the location of the building water system;

(3) the name, address, telephone number, and email of the owner and operator of the building water system;

(4) the name of the manufacturer of the building water system;

(5) the model number, if applicable, of the building water system;

(6) the building water system volume, inclusive of all piping, basin, and sump;

(7) the intended use of the building water system;

(8) whether the building water system operates year-round or seasonally and, if seasonally, the start and end date of operation;

(9) whether building water system disinfection is maintained manually, through timed injection, or through continuous delivery;

(10) whether maintenance is performed by in-house personnel, by a contractor, or by a third party; if by a contractor or third party, the name, address, telephone number, and email address of the contractor or third party;

(11) whether any drift eliminators or controls are installed and operated;

(12) the year the components of the building water system were placed into service; and

(13) the type of disinfection.

(b) A health care facility shall register with the Department in writing within 7 days after ownership of the building water system changes.

(c) A health care facility shall report to the Department:

(1) the date of the last Legionella culture sample collection, the analysis results, and the date of remediation actions taken under this Act;

(2) the date of removal or permanent discontinued use of the components of the building water system, if applicable; and

(3) other information as determined by the Department.

Section 60. Civil enforcement. The Department may impose administrative civil penalties for violations of this Act and rules adopted under this Act. The State's Attorney of the county in which the violation occurred, or the Attorney General, shall bring actions for collection of penalties imposed under this Section in the name of the People of the State of Illinois. The State's Attorney or Attorney General may, in addition to other remedies provided in this Act, bring an action (i) for an injunction to restrain the violation, (ii) to impose civil penalties if no penalty has been imposed by the Department, or (iii) to enjoin the operation of any such person or health care facility.

Section 65. Civil penalties. Any person who violates any provision of this Act or any rule adopted under this Act shall, in addition to any other penalty provided in this Act, be subject to a civil penalty of $100 per day per violation.

Section 70. Agents of the Department. The Department may designate a certified local health department as its agent for purposes of carrying out this Act. An agent so designated may charge fees for costs associated with enforcing this Act. If the agent determines that it cannot perform an inspection under this Act, the Department shall perform the inspection and any applicable fees shall be payable to the Department and the agent may not charge a fee. If the Department performs a service or activity for the agent that the agent cannot perform, the fee for the service or activity shall be paid to the Department and not to the agent. In no case shall fees be assessed by both the Department and an agent for the same service or activity.

Section 75. The Illinois Procurement Code is amended by changing Section 1-10 as follows:

(30 ILCS 500/1-10)

Sec. 1-10. Application.

(a) This Code applies only to procurements for which bidders, offerors, potential contractors, or contractors were first solicited on or after July 1, 1998. This Code shall not be construed to affect or impair any contract, or any provision of a contract, entered into based on a solicitation prior to the implementation date of this Code as described in Article 99, including, but not limited to, any covenant entered into with respect to any revenue bonds or similar instruments. All procurements for which contracts are solicited between the effective date of Articles 50 and 99 and July 1, 1998 shall be substantially in accordance with this Code and its intent.

(b) This Code shall apply regardless of the source of the funds with which the contracts are paid, including federal assistance moneys. This Code shall not apply to:

(1) Contracts between the State and its political subdivisions or other governments, or between State governmental bodies, except as specifically provided in this Code.

(2) Grants, except for the filing requirements of Section 20-80.

(3) Purchase of care, except as provided in Section 5-30.6 of the Illinois Public Aid Code and this Section.

(4) Hiring of an individual as employee and not as an independent contractor, whether pursuant to an employment code or policy or by contract directly with that individual.

(5) Collective bargaining contracts.

(6) Purchase of real estate, except that notice of this type of contract with a value of more than $25,000 must be published in the Procurement Bulletin within 10 calendar days after the deed is recorded in the county of jurisdiction. The notice shall identify the real estate purchased, the names of all parties to the contract, the value of the contract, and the effective date of the contract.

(7) Contracts necessary to prepare for anticipated litigation, enforcement actions, or investigations, provided that the chief legal counsel to the Governor shall give his or her prior approval when the procuring agency is one subject to the jurisdiction of the Governor, and provided that the chief legal counsel of any other procuring entity subject to this Code shall give his or her prior approval when the procuring entity is not one subject to the jurisdiction of the Governor.

(8) (Blank).

(9) Procurement expenditures by the Illinois Conservation Foundation when only private funds are used.

(10) (Blank).

(11) Public-private agreements entered into according to the procurement requirements of Section 20 of the Public-Private Partnerships for Transportation Act and design-build agreements entered into according to the procurement requirements of Section 25 of the Public-Private Partnerships for Transportation Act.

(12) Contracts for legal, financial, and other professional and artistic services entered into on or before December 31, 2018 by the Illinois Finance Authority in which the State of Illinois is not obligated. Such contracts shall be awarded through a competitive process authorized by the Board of the Illinois Finance Authority and are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, as well as the final approval by the Board of the Illinois Finance Authority of the terms of the contract.

(13) Contracts for services, commodities, and equipment to support the delivery of timely forensic science services in consultation with and subject to the approval of the Chief Procurement Officer as provided in subsection (d) of Section 5-4-3a of the Unified Code of Corrections, except for the requirements of Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of this Code; however, the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of this Code. For any contracts for services which are currently provided by members of a collective bargaining agreement, the applicable terms of the collective bargaining agreement concerning subcontracting shall be followed.

On and after January 1, 2019, this paragraph (13), except for this sentence, is inoperative.

(14) Contracts for participation expenditures required by a domestic or international trade show or exhibition of an exhibitor, member, or sponsor.

(15) Contracts with a railroad or utility that requires the State to reimburse the railroad or utilities for the relocation of utilities for construction or other public purpose. Contracts included within this paragraph (15) shall include, but not be limited to, those associated with: relocations, crossings, installations, and maintenance. For the purposes of this paragraph (15), "railroad" means any form of non-highway ground transportation that runs on rails or electromagnetic guideways and "utility" means: (1) public utilities as defined in Section 3-105 of the Public Utilities Act, (2) telecommunications carriers as defined in Section 13-202 of the Public Utilities Act, (3) electric cooperatives as defined in Section 3.4 of the Electric Supplier Act, (4) telephone or telecommunications cooperatives as defined in Section 13-212 of the Public Utilities Act, (5) rural water or waste water systems with 10,000 connections or less, (6) a holder as defined in Section 21-201 of the Public Utilities Act, and (7) municipalities owning or operating utility systems consisting of public utilities as that term is defined in Section 11-117-2 of the Illinois Municipal Code.

(16) Procurement expenditures necessary for the Department of Public Health to provide the delivery of timely newborn screening services in accordance with the Newborn Metabolic Screening Act.

(17) Procurement expenditures necessary for the Department of Agriculture, the Department of Financial and Professional Regulation, the Department of Human Services, and the Department of Public Health to implement the Compassionate Use of Medical Cannabis Program and Opioid Alternative Pilot Program requirements and ensure access to medical cannabis for patients with debilitating medical conditions in accordance with the Compassionate Use of Medical Cannabis Program Act.

(18) This Code does not apply to any procurements necessary for the Department of Agriculture, the Department of Financial and Professional Regulation, the Department of Human Services, the Department of Commerce and Economic Opportunity, and the Department of Public Health to implement the Cannabis Regulation and Tax Act if the applicable agency has made a good faith determination that it is necessary and appropriate for the expenditure to fall within this exemption and if the process is conducted in a manner substantially in accordance with the requirements of Sections 20-160, 25-60, 30-22, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50 of this Code; however, for Section 50-35, compliance applies only to contracts or subcontracts over $100,000. Notice of each contract entered into under this paragraph (18) that is related to the procurement of goods and services identified in paragraph (1) through (9) of this subsection shall be published in the Procurement Bulletin within 14 calendar days after contract execution. The Chief Procurement Officer shall prescribe the form and content of the notice. Each agency shall provide the Chief Procurement Officer, on a monthly basis, in the form and content prescribed by the Chief Procurement Officer, a report of contracts that are related to the procurement of goods and services identified in this subsection. At a minimum, this report shall include the name of the contractor, a description of the supply or service provided, the total amount of the contract, the term of the contract, and the exception to this Code utilized. A copy of any or all of these contracts shall be made available to the Chief Procurement Officer immediately upon request. The Chief Procurement Officer shall submit a report to the Governor and General Assembly no later than November 1 of each year that includes, at a minimum, an annual summary of the monthly information reported to the Chief Procurement Officer. This exemption becomes inoperative 5 years after June 25, 2019 (the effective date of Public Act 101-27) this amendatory Act of the 101st General Assembly.

(19) Procurement expenditures necessary for the Department of Public Health to respond to an infectious disease outbreak, including, but not limited to, laboratory testing and environmental health investigation supplies.

(20) Procurement expenditures necessary for a State agency's facility to implement control recommendations provided by the Department of Public Health in response to an infectious disease outbreak, including, but not limited to, plumbing, construction, or consultants to mitigate environmental health hazards.

Notwithstanding any other provision of law, for contracts entered into on or after October 1, 2017 under an exemption provided in any paragraph of this subsection (b), except paragraph (1), (2), or (5), each State agency shall post to the appropriate procurement bulletin the name of the contractor, a description of the supply or service provided, the total amount of the contract, the term of the contract, and the exception to the Code utilized. The chief procurement officer shall submit a report to the Governor and General Assembly no later than November 1 of each year that shall include, at a minimum, an annual summary of the monthly information reported to the chief procurement officer.

(c) This Code does not apply to the electric power procurement process provided for under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act.

(d) Except for Section 20-160 and Article 50 of this Code, and as expressly required by Section 9.1 of the Illinois Lottery Law, the provisions of this Code do not apply to the procurement process provided for under Section 9.1 of the Illinois Lottery Law.

(e) This Code does not apply to the process used by the Capital Development Board to retain a person or entity to assist the Capital Development Board with its duties related to the determination of costs of a clean coal SNG brownfield facility, as defined by Section 1-10 of the Illinois Power Agency Act, as required in subsection (h-3) of Section 9-220 of the Public Utilities Act, including calculating the range of capital costs, the range of operating and maintenance costs, or the sequestration costs or monitoring the construction of clean coal SNG brownfield facility for the full duration of construction.

(f) (Blank).

(g) (Blank).

(h) This Code does not apply to the process to procure or contracts entered into in accordance with Sections 11-5.2 and 11-5.3 of the Illinois Public Aid Code.

(i) Each chief procurement officer may access records necessary to review whether a contract, purchase, or other expenditure is or is not subject to the provisions of this Code, unless such records would be subject to attorney-client privilege.

(j) This Code does not apply to the process used by the Capital Development Board to retain an artist or work or works of art as required in Section 14 of the Capital Development Board Act.

(k) This Code does not apply to the process to procure contracts, or contracts entered into, by the State Board of Elections or the State Electoral Board for hearing officers appointed pursuant to the Election Code.

(l) This Code does not apply to the processes used by the Illinois Student Assistance Commission to procure supplies and services paid for from the private funds of the Illinois Prepaid Tuition Fund. As used in this subsection (l), "private funds" means funds derived from deposits paid into the Illinois Prepaid Tuition Trust Fund and the earnings thereon.

(Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18; 100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised 9-17-19.)

Section 80. The State Finance Act is amended by adding Section 5.938 as follows:

(30 ILCS 105/5.938 new)

Sec. 5.938. The Water Quality Assurance Fund.

Section 99. Effective date. This Act takes effect January 1, 2022.".