Illinois General Assembly - Full Text of HB2021
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Full Text of HB2021  102nd General Assembly

HB2021ham001 102ND GENERAL ASSEMBLY

Rep. Keith R. Wheeler

Filed: 4/20/2021

 

 


 

 


 
10200HB2021ham001LRB102 12237 RPS 25597 a

1
AMENDMENT TO HOUSE BILL 2021

2    AMENDMENT NO. ______. Amend House Bill 2021 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Water
5Quality Assurance Act.
 
6    Section 5. Purpose. It has been established by scientific
7evidence that improper management of building water systems
8may cause or contribute to the proliferation of opportunistic
9waterborne pathogens and can result in adverse health effects
10and potentially lethal disease in at-risk populations. In
11order to safeguard the health and safety of the people of this
12State, the General Assembly finds it necessary to provide for
13the promulgation of requirements for water management and
14sampling programs in health care facilities and
15authoritatively establish the registration and certification
16of water quality professionals and contractors.
 

 

 

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1    Section 10. Definitions. In this Act:
2    "Agent health department" means a certified local health
3department that the Department has designated as its agent for
4making inspections and investigations under Section 70.
5    "Building water system" means a potable or nonpotable
6water system in a building or on a building site, including,
7but not limited to, a water supply system, decorative water
8feature, evaporative cooler or condenser, whirlpool spa,
9humidification system, and other aerosolizing water features.
10    "Control limits" means a maximum value, a minimum value,
11or a range of values of a chemical or physical parameter
12associated with a control measure that is monitored and
13maintained to reduce the occurrence of hazardous conditions.
14The Department may by rule establish control limits.
15    "Control measures" means disinfecting, heating, cooling,
16filtering, flushing, or other means, methods, or procedures
17used to maintain the physical, biological, or chemical
18conditions of water within an established control limit.
19"Control measures" includes treatment methods, technical and
20physical processes, and procedures and activities or actions
21that monitor or maintain physical, biological, or chemical
22conditions of water to within control limits. Water management
23teams shall establish control limits as a maximum value,
24minimum value, or range of values for chemical, biological,
25and physical parameters.

 

 

10200HB2021ham001- 3 -LRB102 12237 RPS 25597 a

1    "Department" means the Department of Public Health.
2    "Health care facility" means a facility organized under
3the University of Illinois Hospital Act or licensed under the
4Ambulatory Surgical Treatment Center Act, Hospital Licensing
5Act, Nursing Home Care Act, Assisted Living and Shared Housing
6Act, or Community Mental Health Act.
7    "Immediate control measures" means preestablished actions
8within a water management program intended to reduce potential
9exposure to opportunistic waterborne pathogens to be
10implemented when a building water system is thought to be a
11source of opportunistic waterborne pathogen transmission.
12"Immediate control measures" include, but are not limited to,
13restricting operations of building water systems, installing
14appropriate primary barriers to reduce the possibility of
15exposures, halting new admissions, or temporarily closing an
16affected building or area.
17    "Initial inspection" means an inspection conducted by the
18Department to determine compliance with this Act and rules
19adopted under this Act to assess the operation of a water
20management program.
21    "Opportunistic waterborne pathogens" means organisms found
22in water that are capable of causing disease in an at-risk
23individual or population.
24    "Person" means any individual, group of individuals,
25association, trust, partnership, limited liability company,
26corporation, person doing business under an assumed name,

 

 

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1county, municipality, the State of Illinois, or any political
2subdivision or department thereof, or any other entity.
3    "Subsequent inspection" means any inspection made by the
4Department or an agent health department for the purpose of
5responding to a substantiated complaint, complying with a
6request by a health care facility or the agent health
7department, or ensuring compliance with an order or request of
8the Department. "Subsequent inspection" does not include
9initial inspections performed by the Department.
 
10    Section 15. Water Quality Assurance Fund. The Water
11Quality Assurance Fund is created as a special fund in the
12State treasury. All funds generated under this Act shall be
13deposited into the Fund and, subject to appropriation,
14available to the Department for the implementation of this Act
15and any rules adopted by the Department under this Act.
 
16    Section 20. Administration; rules.
17    (a) The Department shall implement, administer, and
18enforce this Act and may adopt rules it deems necessary to do
19so. In case of conflict between the Illinois Administrative
20Procedure Act and this Act, the provisions of this Act shall
21control, except that Section 5-35 of the Illinois
22Administrative Procedure Act relating to procedures for
23rulemaking does not apply to the adoption of any rule required
24by federal law in connection with which the Department is

 

 

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1precluded by law from exercising any discretion. In preparing
2rules under this Act, the Department may give consideration to
3nationally recognized standards and guidelines.
4    (b) The Department may establish rules that specify the
5laboratory method used to evaluate water for the presence of
6bacteria capable of causing opportunistic infections. The
7Department shall provide through its laboratories or ensure
8through evaluation of commercially available providers the use
9of appropriate laboratory test methods suitable for testing
10samples for the presence of Legionella bacteria. The
11Department's laboratory may collect fees for tests performed,
12which shall be deposited into the Public Health Laboratory
13Services Revolving Fund.
 
14    Section 25. Water management programs.
15    (a) A health care facility, or the owner of a building
16containing a health care facility, shall develop and implement
17a water management program to control the growth and spread of
18opportunistic waterborne pathogens that, at a minimum, include
19the following elements:
20        (1) Identification of persons on the water management
21    program team responsible for developing, updating,
22    implementing, and documenting actions designated by the
23    water management plan.
24        (2) Identification and description of all building
25    water systems within the building and on the building site

 

 

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1    using text and process flow diagrams.
2        (3) A risk assessment identifying areas within
3    building water systems where conditions may promote the
4    growth and spread of opportunistic waterborne pathogens.
5        (4) Based on the risk assessment described in
6    paragraph (3), identification and description of control
7    locations where control measures should be applied and
8    maintained, including identification of control limits and
9    procedures for routinely monitoring water quality
10    parameters such as temperature or residual disinfectant
11    control locations.
12        (5) Conditions requiring implementation of
13    preestablished corrective actions when control limits are
14    not met or contingency responses and time frames for
15    execution of such actions, including, but not limited to,
16    implementation of appropriate immediate control measures
17    in the event of:
18            (A) culture analysis results identifying the
19        presence of opportunistic waterborne pathogens within
20        a building water system; or
21            (B) a determination by the Department or an agent
22        health department that one or more cases of disease or
23        illness are, or may be, caused by an opportunistic
24        waterborne pathogen and may be associated with a
25        building water system in the building or on the
26        premises of the health care facility.

 

 

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1        (6) Establish verification and validation procedures
2    to initially and routinely confirm that the water
3    management program is being implemented as developed and
4    is effective at controlling the growth and spread of
5    opportunistic waterborne pathogens.
6        (7) Procedures identifying records of actions and
7    activities of the water management program and water
8    management team. Records may include, but are not limited
9    to, documentation of corrective actions, maintenance, logs
10    of water quality parameter monitoring or water management
11    activities, and laboratory results of sampling performed.
12    Such records shall be maintained for at least 3 years and
13    shall be made available upon request by the Department or
14    an agent health department.
15    (b) In concert with the water management program, building
16owners, representatives of building owners, tenants, or their
17designees shall develop and implement a routine culture
18sampling plan for all building water systems. Routine culture
19sampling and analysis shall be conducted a minimum of once
20every 6 months. Culture sampling plans shall include, at a
21minimum, provisions for analysis of Legionella species by a
22United States Centers for Disease Control and Prevention
23Environmental Legionella Isolate Technique Evaluation (ELITE)
24member laboratory. In addition to such routine culture
25sampling, the Department may require a health care facility to
26conduct additional culture sampling and analysis of building

 

 

10200HB2021ham001- 8 -LRB102 12237 RPS 25597 a

1water systems at locations, within a time frame, using
2sampling methods described by the Department in response to:
3        (1) notification from the Department or an agent
4    health department that one or more cases of disease or
5    illness associated with opportunistic waterborne pathogens
6    are, or may be, associated with the health care facility;
7    or
8        (2) any other conditions specified by the Department.
9    (c) If the Department determines that a water management
10program does not include appropriate immediate control
11measures or if a water management program's immediate control
12measures are deemed ineffective or inappropriate by the
13Department, the Department may direct the facility to
14immediately implement immediate control measures as
15appropriate to reduce transmission of opportunistic waterborne
16pathogens.
17    (d) A health care facility shall develop communication
18plans to notify patients, residents, staff, and visitors of
19one or more cases of disease or illness associated with
20opportunistic waterborne pathogens. When notified by the
21Department or an agent health department that one or more
22cases of disease or illness associated with the building or
23site of the building, the health care facility shall provide
24written notification within 48 hours to patients, residents,
25staff, and legal guardians. Written notification may include,
26but is not limited to, e-mail, text, or other written

 

 

10200HB2021ham001- 9 -LRB102 12237 RPS 25597 a

1communication consistent with the health care facility's
2communication practices. The written notification must
3include:
4        (1) notification of the disease and the number of
5    cases associated with the health care facility;
6        (2) actions taken by the water management team in
7    response to the case or cases;
8        (3) immediate control measures implemented by the
9    water management team to prevent further cases;
10        (4) immediate appropriate disease surveillance efforts
11    to identify past or future cases; and
12        (5) a health care facility may state in the
13    notification that the cases reported are from an unknown
14    source when consistent with the Department or an agent
15    health department's investigation.
16    (e) After a health care facility has successfully
17completed any remediation necessary under Section 30, as
18demonstrated through environmental sampling, the Department or
19an agent health department has confirmed that there are no
20additional cases of disease or illness associated with an
21outbreak, and the Department or agent health department has
22concluded its investigation, the Department or agent health
23department shall provide the health care facility with a dated
24written certification that the health care facility is no
25longer under an active investigation associated with the cases
26of disease or illness referenced in subsection (b) and that

 

 

10200HB2021ham001- 10 -LRB102 12237 RPS 25597 a

1remediation under Section 30 has been successfully completed.
2    (f) Following written certification under paragraph (e),
3in cases where the Department or an agent health department
4makes a statement to the public identifying a health care
5facility as being associated with one or more cases of disease
6or illness from an opportunistic waterborne pathogen
7referenced in paragraph (b), a statement shall be made by the
8Department or the agent health department that the remediation
9referenced in Section 30 has been completed and the Department
10or agent health department is not aware of any additional
11cases of disease or illness associated with the facility.
 
12    Section 30. Remediation of identified opportunistic
13waterborne pathogens.
14    (a) When the presence of opportunistic waterborne
15pathogens is detected by culture sampling programs or through
16environmental investigations of disease or illness associated
17with opportunistic waterborne pathogens at a health care
18facility, the health care facility shall take actions to
19remediate possible environmental sources. Such actions shall
20be documented and records shall be made available to the
21Department in accordance with this Act.
22    (b) When remediation activities include the use of
23supplemental disinfectants, or other treatment that alters
24biological, physical, or chemical characteristics of water to
25control for opportunistic waterborne pathogens, then building

 

 

10200HB2021ham001- 11 -LRB102 12237 RPS 25597 a

1owners, representatives of building owners, tenants, or their
2designees shall comply with the Environmental Protection Act,
3the Illinois Groundwater Protection Act, and any rules adopted
4under those Acts.
5    (c) A health care facility using disinfectants to provide
6supplemental disinfectant by temporary injection or other
7means that does not include the installation of equipment
8shall notify the Department via email at least 48 hours prior
9to the treatment in accordance with rules adopted under this
10Act. Upon notification, the Department may require a health
11care facility to establish and implement immediate measures
12prior to the event to protect patients during the remediation
13activities, including providing notification to building users
14of the disinfection event.
15    (d) Any supplemental disinfectant, equipment, or treatment
16used to remediate opportunistic waterborne pathogens shall be
17certified for its intended use and purpose by one or more
18approved agencies listed in rules adopted by the Department
19for efficacy in achieving its listed use and purpose.
 
20    Section 35. Inspections. Subject to constitutional
21limitations, the Department, by its representatives, or an
22agent health department, after proper identification, may
23enter at reasonable times upon private or public property for
24the purpose of inspecting and investigating conditions
25relating to the enforcement of this Act and rules adopted

 

 

10200HB2021ham001- 12 -LRB102 12237 RPS 25597 a

1under this Act. Written notice of all violations shall be
2given to each person against whom a violation is alleged.
 
3    Section 40. Access to premises. It shall be the duty of
4owners and operators of health care facilities and buildings
5containing health care facilities to give the Department and
6its authorized agents free access to such premises at all
7reasonable times for the purpose of inspection.
 
8    Section 45. Fee schedule. A fee schedule for fees assessed
9by the Department for a health care facility shall be
10established by rules adopted by the Department.
 
11    Section 50. Certification and registration of water
12management professionals and contractors.
13    (a) Any individual, business, or organization who offers
14services relative to the development of water management
15programs, building water sampling programs, or supplemental
16treatment of building water systems for the control of
17opportunistic waterborne pathogens shall be registered and
18certified by the Department. Persons seeking registration and
19certification under this Section shall apply for certification
20pursuant to rules adopted by the Department. In preparing
21rules for certification, the Department may consider
22nationally recognized standards and guidelines.
23    (b) The Department may collect a reasonable fee to

 

 

10200HB2021ham001- 13 -LRB102 12237 RPS 25597 a

1register and certify water management professionals and
2contractors. The fees shall be deposited into the Water
3Quality Assurance Fund and used by the Department for the
4activities prescribed in this Act.
5    (c) The Department shall adopt rules relating to the
6issuance, renewal, or suspension of the certification of an
7individual, business, or organization.
 
8    Section 55. Registration of building water systems at
9health care facilities.
10    (a) A health care facility shall register with the
11Department all building water systems. Such building water
12systems shall be initially registered within 120 days after
13the effective date of this Act. The registration shall be
14collected on forms developed by the Department and shall
15include, but not be limited to:
16        (1) the street address of the building in which the
17    building water system is located, with building
18    identification number, if any;
19        (2) the latitude and longitude of the location of the
20    building water system;
21        (3) the name, address, telephone number, and email of
22    the owner and operator of the building water system;
23        (4) the name of the manufacturer of the building water
24    system;
25        (5) the model number, if applicable, of the building

 

 

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1    water system;
2        (6) the building water system volume, inclusive of all
3    piping, basin, and sump;
4        (7) the intended use of the building water system;
5        (8) whether the building water system operates
6    year-round or seasonally and, if seasonally, the start and
7    end date of operation;
8        (9) whether building water system disinfection is
9    maintained manually, through timed injection, or through
10    continuous delivery;
11        (10) whether maintenance is performed by in-house
12    personnel, by a contractor, or by a third party; if by a
13    contractor or third party, the name, address, telephone
14    number, and email address of the contractor or third
15    party;
16        (11) whether any drift eliminators or controls are
17    installed and operated;
18        (12) the year the components of the building water
19    system were placed into service; and
20        (13) the type of disinfection.
21    (b) A health care facility shall register with the
22Department in writing within 7 days after ownership of the
23building water system changes.
24    (c) A health care facility shall report to the Department:
25        (1) the date of the last Legionella culture sample
26    collection, the analysis results, and the date of

 

 

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1    remediation actions taken under this Act;
2        (2) the date of removal or permanent discontinued use
3    of the components of the building water system, if
4    applicable; and
5        (3) other information as determined by the Department.
 
6    Section 60. Civil enforcement. The Department may impose
7administrative civil penalties for violations of this Act and
8rules adopted under this Act. The State's Attorney of the
9county in which the violation occurred, or the Attorney
10General, shall bring actions for collection of penalties
11imposed under this Section in the name of the People of the
12State of Illinois. The State's Attorney or Attorney General
13may, in addition to other remedies provided in this Act, bring
14an action (i) for an injunction to restrain the violation,
15(ii) to impose civil penalties if no penalty has been imposed
16by the Department, or (iii) to enjoin the operation of any such
17person or health care facility.
 
18    Section 65. Civil penalties. Any person who violates any
19provision of this Act or any rule adopted under this Act shall,
20in addition to any other penalty provided in this Act, be
21subject to a civil penalty of $100 per day per violation.
 
22    Section 70. Agents of the Department. The Department may
23designate a certified local health department as its agent for

 

 

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1purposes of carrying out this Act. An agent so designated may
2charge fees for costs associated with enforcing this Act. If
3the agent determines that it cannot perform an inspection
4under this Act, the Department shall perform the inspection
5and any applicable fees shall be payable to the Department and
6the agent may not charge a fee. If the Department performs a
7service or activity for the agent that the agent cannot
8perform, the fee for the service or activity shall be paid to
9the Department and not to the agent. In no case shall fees be
10assessed by both the Department and an agent for the same
11service or activity.
 
12    Section 75. The Illinois Procurement Code is amended by
13changing Section 1-10 as follows:
 
14    (30 ILCS 500/1-10)
15    Sec. 1-10. Application.
16    (a) This Code applies only to procurements for which
17bidders, offerors, potential contractors, or contractors were
18first solicited on or after July 1, 1998. This Code shall not
19be construed to affect or impair any contract, or any
20provision of a contract, entered into based on a solicitation
21prior to the implementation date of this Code as described in
22Article 99, including, but not limited to, any covenant
23entered into with respect to any revenue bonds or similar
24instruments. All procurements for which contracts are

 

 

10200HB2021ham001- 17 -LRB102 12237 RPS 25597 a

1solicited between the effective date of Articles 50 and 99 and
2July 1, 1998 shall be substantially in accordance with this
3Code and its intent.
4    (b) This Code shall apply regardless of the source of the
5funds with which the contracts are paid, including federal
6assistance moneys. This Code shall not apply to:
7        (1) Contracts between the State and its political
8    subdivisions or other governments, or between State
9    governmental bodies, except as specifically provided in
10    this Code.
11        (2) Grants, except for the filing requirements of
12    Section 20-80.
13        (3) Purchase of care, except as provided in Section
14    5-30.6 of the Illinois Public Aid Code and this Section.
15        (4) Hiring of an individual as employee and not as an
16    independent contractor, whether pursuant to an employment
17    code or policy or by contract directly with that
18    individual.
19        (5) Collective bargaining contracts.
20        (6) Purchase of real estate, except that notice of
21    this type of contract with a value of more than $25,000
22    must be published in the Procurement Bulletin within 10
23    calendar days after the deed is recorded in the county of
24    jurisdiction. The notice shall identify the real estate
25    purchased, the names of all parties to the contract, the
26    value of the contract, and the effective date of the

 

 

10200HB2021ham001- 18 -LRB102 12237 RPS 25597 a

1    contract.
2        (7) Contracts necessary to prepare for anticipated
3    litigation, enforcement actions, or investigations,
4    provided that the chief legal counsel to the Governor
5    shall give his or her prior approval when the procuring
6    agency is one subject to the jurisdiction of the Governor,
7    and provided that the chief legal counsel of any other
8    procuring entity subject to this Code shall give his or
9    her prior approval when the procuring entity is not one
10    subject to the jurisdiction of the Governor.
11        (8) (Blank).
12        (9) Procurement expenditures by the Illinois
13    Conservation Foundation when only private funds are used.
14        (10) (Blank).
15        (11) Public-private agreements entered into according
16    to the procurement requirements of Section 20 of the
17    Public-Private Partnerships for Transportation Act and
18    design-build agreements entered into according to the
19    procurement requirements of Section 25 of the
20    Public-Private Partnerships for Transportation Act.
21        (12) Contracts for legal, financial, and other
22    professional and artistic services entered into on or
23    before December 31, 2018 by the Illinois Finance Authority
24    in which the State of Illinois is not obligated. Such
25    contracts shall be awarded through a competitive process
26    authorized by the Board of the Illinois Finance Authority

 

 

10200HB2021ham001- 19 -LRB102 12237 RPS 25597 a

1    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
2    50-35, and 50-37 of this Code, as well as the final
3    approval by the Board of the Illinois Finance Authority of
4    the terms of the contract.
5        (13) Contracts for services, commodities, and
6    equipment to support the delivery of timely forensic
7    science services in consultation with and subject to the
8    approval of the Chief Procurement Officer as provided in
9    subsection (d) of Section 5-4-3a of the Unified Code of
10    Corrections, except for the requirements of Sections
11    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
12    Code; however, the Chief Procurement Officer may, in
13    writing with justification, waive any certification
14    required under Article 50 of this Code. For any contracts
15    for services which are currently provided by members of a
16    collective bargaining agreement, the applicable terms of
17    the collective bargaining agreement concerning
18    subcontracting shall be followed.
19        On and after January 1, 2019, this paragraph (13),
20    except for this sentence, is inoperative.
21        (14) Contracts for participation expenditures required
22    by a domestic or international trade show or exhibition of
23    an exhibitor, member, or sponsor.
24        (15) Contracts with a railroad or utility that
25    requires the State to reimburse the railroad or utilities
26    for the relocation of utilities for construction or other

 

 

10200HB2021ham001- 20 -LRB102 12237 RPS 25597 a

1    public purpose. Contracts included within this paragraph
2    (15) shall include, but not be limited to, those
3    associated with: relocations, crossings, installations,
4    and maintenance. For the purposes of this paragraph (15),
5    "railroad" means any form of non-highway ground
6    transportation that runs on rails or electromagnetic
7    guideways and "utility" means: (1) public utilities as
8    defined in Section 3-105 of the Public Utilities Act, (2)
9    telecommunications carriers as defined in Section 13-202
10    of the Public Utilities Act, (3) electric cooperatives as
11    defined in Section 3.4 of the Electric Supplier Act, (4)
12    telephone or telecommunications cooperatives as defined in
13    Section 13-212 of the Public Utilities Act, (5) rural
14    water or waste water systems with 10,000 connections or
15    less, (6) a holder as defined in Section 21-201 of the
16    Public Utilities Act, and (7) municipalities owning or
17    operating utility systems consisting of public utilities
18    as that term is defined in Section 11-117-2 of the
19    Illinois Municipal Code.
20        (16) Procurement expenditures necessary for the
21    Department of Public Health to provide the delivery of
22    timely newborn screening services in accordance with the
23    Newborn Metabolic Screening Act.
24        (17) Procurement expenditures necessary for the
25    Department of Agriculture, the Department of Financial and
26    Professional Regulation, the Department of Human Services,

 

 

10200HB2021ham001- 21 -LRB102 12237 RPS 25597 a

1    and the Department of Public Health to implement the
2    Compassionate Use of Medical Cannabis Program and Opioid
3    Alternative Pilot Program requirements and ensure access
4    to medical cannabis for patients with debilitating medical
5    conditions in accordance with the Compassionate Use of
6    Medical Cannabis Program Act.
7        (18) This Code does not apply to any procurements
8    necessary for the Department of Agriculture, the
9    Department of Financial and Professional Regulation, the
10    Department of Human Services, the Department of Commerce
11    and Economic Opportunity, and the Department of Public
12    Health to implement the Cannabis Regulation and Tax Act if
13    the applicable agency has made a good faith determination
14    that it is necessary and appropriate for the expenditure
15    to fall within this exemption and if the process is
16    conducted in a manner substantially in accordance with the
17    requirements of Sections 20-160, 25-60, 30-22, 50-5,
18    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
19    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
20    Section 50-35, compliance applies only to contracts or
21    subcontracts over $100,000. Notice of each contract
22    entered into under this paragraph (18) that is related to
23    the procurement of goods and services identified in
24    paragraph (1) through (9) of this subsection shall be
25    published in the Procurement Bulletin within 14 calendar
26    days after contract execution. The Chief Procurement

 

 

10200HB2021ham001- 22 -LRB102 12237 RPS 25597 a

1    Officer shall prescribe the form and content of the
2    notice. Each agency shall provide the Chief Procurement
3    Officer, on a monthly basis, in the form and content
4    prescribed by the Chief Procurement Officer, a report of
5    contracts that are related to the procurement of goods and
6    services identified in this subsection. At a minimum, this
7    report shall include the name of the contractor, a
8    description of the supply or service provided, the total
9    amount of the contract, the term of the contract, and the
10    exception to this Code utilized. A copy of any or all of
11    these contracts shall be made available to the Chief
12    Procurement Officer immediately upon request. The Chief
13    Procurement Officer shall submit a report to the Governor
14    and General Assembly no later than November 1 of each year
15    that includes, at a minimum, an annual summary of the
16    monthly information reported to the Chief Procurement
17    Officer. This exemption becomes inoperative 5 years after
18    June 25, 2019 (the effective date of Public Act 101-27)
19    this amendatory Act of the 101st General Assembly.
20        (19) Procurement expenditures necessary for the
21    Department of Public Health to respond to an infectious
22    disease outbreak, including, but not limited to,
23    laboratory testing and environmental health investigation
24    supplies.
25        (20) Procurement expenditures necessary for a State
26    agency's facility to implement control recommendations

 

 

10200HB2021ham001- 23 -LRB102 12237 RPS 25597 a

1    provided by the Department of Public Health in response to
2    an infectious disease outbreak, including, but not limited
3    to, plumbing, construction, or consultants to mitigate
4    environmental health hazards.
5    Notwithstanding any other provision of law, for contracts
6entered into on or after October 1, 2017 under an exemption
7provided in any paragraph of this subsection (b), except
8paragraph (1), (2), or (5), each State agency shall post to the
9appropriate procurement bulletin the name of the contractor, a
10description of the supply or service provided, the total
11amount of the contract, the term of the contract, and the
12exception to the Code utilized. The chief procurement officer
13shall submit a report to the Governor and General Assembly no
14later than November 1 of each year that shall include, at a
15minimum, an annual summary of the monthly information reported
16to the chief procurement officer.
17    (c) This Code does not apply to the electric power
18procurement process provided for under Section 1-75 of the
19Illinois Power Agency Act and Section 16-111.5 of the Public
20Utilities Act.
21    (d) Except for Section 20-160 and Article 50 of this Code,
22and as expressly required by Section 9.1 of the Illinois
23Lottery Law, the provisions of this Code do not apply to the
24procurement process provided for under Section 9.1 of the
25Illinois Lottery Law.
26    (e) This Code does not apply to the process used by the

 

 

10200HB2021ham001- 24 -LRB102 12237 RPS 25597 a

1Capital Development Board to retain a person or entity to
2assist the Capital Development Board with its duties related
3to the determination of costs of a clean coal SNG brownfield
4facility, as defined by Section 1-10 of the Illinois Power
5Agency Act, as required in subsection (h-3) of Section 9-220
6of the Public Utilities Act, including calculating the range
7of capital costs, the range of operating and maintenance
8costs, or the sequestration costs or monitoring the
9construction of clean coal SNG brownfield facility for the
10full duration of construction.
11    (f) (Blank).
12    (g) (Blank).
13    (h) This Code does not apply to the process to procure or
14contracts entered into in accordance with Sections 11-5.2 and
1511-5.3 of the Illinois Public Aid Code.
16    (i) Each chief procurement officer may access records
17necessary to review whether a contract, purchase, or other
18expenditure is or is not subject to the provisions of this
19Code, unless such records would be subject to attorney-client
20privilege.
21    (j) This Code does not apply to the process used by the
22Capital Development Board to retain an artist or work or works
23of art as required in Section 14 of the Capital Development
24Board Act.
25    (k) This Code does not apply to the process to procure
26contracts, or contracts entered into, by the State Board of

 

 

10200HB2021ham001- 25 -LRB102 12237 RPS 25597 a

1Elections or the State Electoral Board for hearing officers
2appointed pursuant to the Election Code.
3    (l) This Code does not apply to the processes used by the
4Illinois Student Assistance Commission to procure supplies and
5services paid for from the private funds of the Illinois
6Prepaid Tuition Fund. As used in this subsection (l), "private
7funds" means funds derived from deposits paid into the
8Illinois Prepaid Tuition Trust Fund and the earnings thereon.
9(Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18;
10100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff.
116-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised
129-17-19.)
 
13    Section 80. The State Finance Act is amended by adding
14Section 5.938 as follows:
 
15    (30 ILCS 105/5.938 new)
16    Sec. 5.938. The Water Quality Assurance Fund.
 
17    Section 99. Effective date. This Act takes effect January
181, 2022.".