Full Text of HB4295 102nd General Assembly
HB4295ham001 102ND GENERAL ASSEMBLY | Rep. Denyse Wang Stoneback Filed: 2/1/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4295
| 2 | | AMENDMENT NO. ______. Amend House Bill 4295 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 17.12 as follows: | 6 | | (415 ILCS 5/17.12) | 7 | | Sec. 17.12. Lead service line replacement and | 8 | | notification. | 9 | | (a) The purpose of this Act is to: (1) require the owners | 10 | | and operators of community water supplies to develop, | 11 | | implement, and maintain a comprehensive water service line | 12 | | material inventory and a comprehensive lead service line | 13 | | replacement plan, provide notice to occupants of potentially | 14 | | affected buildings before any construction or repair work on | 15 | | water mains or lead service lines, and request access to | 16 | | potentially affected buildings before replacing lead service |
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| 1 | | lines; and (2) prohibit partial lead service line | 2 | | replacements, except as authorized within this Section. | 3 | | (b) The General Assembly finds and declares that: | 4 | | (1) There is no safe level of exposure to heavy metal | 5 | | lead, as found by the United States Environmental | 6 | | Protection Agency and the Centers for Disease Control and | 7 | | Prevention. | 8 | | (2) Lead service lines can convey this harmful | 9 | | substance to the drinking water supply. | 10 | | (3) According to the Illinois Environmental Protection | 11 | | Agency's 2018 Service Line Material Inventory, the State | 12 | | of Illinois is estimated to have over 680,000 lead-based | 13 | | service lines still in operation. | 14 | | (4) The true number of lead service lines is not fully | 15 | | known because Illinois lacks an adequate inventory of lead | 16 | | service lines. | 17 | | (5) For the general health, safety and welfare of its | 18 | | residents, all lead service lines in Illinois should be | 19 | | disconnected from the drinking water supply, and the | 20 | | State's drinking water supply. | 21 | | (c) In this Section: | 22 | | "Advisory Board" means the Lead Service Line Replacement | 23 | | Advisory Board created under subsection (x). | 24 | | "Community water supply" has the meaning ascribed to it in | 25 | | Section 3.145 of this Act. | 26 | | "Department" means the Department of Public Health. |
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| 1 | | "Emergency repair" means any unscheduled water main, water | 2 | | service, or water valve repair or replacement that results | 3 | | from failure or accident. | 4 | | "Fund" means the Lead Service Line Replacement Fund | 5 | | created under subsection (bb). | 6 | | "Lead service line" means a service line made of lead or | 7 | | service line connected to a lead pigtail, lead gooseneck, or | 8 | | other lead fitting. | 9 | | "Material inventory" means a water service line material | 10 | | inventory developed by a community water supply under this | 11 | | Act. | 12 | | " Non-community Noncommunity water supply" has the meaning | 13 | | ascribed to it in Section 3.145 of the Environmental | 14 | | Protection Act. | 15 | | "NSF/ANSI Standard" means a water treatment standard | 16 | | developed by NSF International. | 17 | | "Partial lead service line replacement" means replacement | 18 | | of only a portion of a lead service line. | 19 | | "Potentially affected building" means any building that is | 20 | | provided water service through a service line that is either a | 21 | | lead service line or a suspected lead service line. | 22 | | "Public water supply" has the meaning ascribed to it in | 23 | | Section 3.365 of this Act. | 24 | | "Service line" means the piping, tubing, and necessary | 25 | | appurtenances acting as a conduit from the water main or | 26 | | source of potable water supply to the building plumbing at the |
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| 1 | | first shut-off valve or 18 inches inside the building, | 2 | | whichever is shorter. | 3 | | "Suspected lead service line" means a service line that a | 4 | | community water supply finds more likely than not to be made of | 5 | | lead after completing the requirements under paragraphs (2) | 6 | | through (5) of subsection (h). | 7 | | "Small system" means a community water supply that | 8 | | regularly serves water to 3,300 or fewer persons. | 9 | | (d) An owner or operator of a community water supply | 10 | | shall: | 11 | | (1) develop an initial material inventory by April 15, | 12 | | 2022 and electronically submit by April 15, 2023 an | 13 | | updated material inventory electronically to the Agency; | 14 | | and | 15 | | (2) deliver a complete material inventory to the | 16 | | Agency no later than April 15, 2024, or such time as | 17 | | required by federal law, whichever is sooner. The complete | 18 | | inventory shall report the composition of all service | 19 | | lines in the community water supply's distribution system. | 20 | | (e) The Agency shall review and approve the final material | 21 | | inventory submitted to it under subsection (d). | 22 | | (f) If a community water supply does not submit a complete | 23 | | inventory to the Agency by April 15, 2024 under paragraph (2) | 24 | | of subsection (d), the community water supply may apply for an | 25 | | extension to the Agency no less than 3 months prior to the due | 26 | | date. The Agency shall develop criteria for granting material |
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| 1 | | inventory extensions. When considering requests for extension, | 2 | | the Agency shall, at a minimum, consider: | 3 | | (1) the number of service connections in a water | 4 | | supply; and | 5 | | (2) the number of service lines of an unknown material | 6 | | composition. | 7 | | (g) A material inventory prepared for a community water | 8 | | supply under subsection (d) shall identify: | 9 | | (1) the total number of service lines connected to the | 10 | | community water supply's distribution system; | 11 | | (2) the materials of construction of each service line | 12 | | connected to the community water supply's distribution | 13 | | system; | 14 | | (3) the number of suspected lead service lines that | 15 | | were newly identified in the material inventory for the | 16 | | community water supply after the community water supply | 17 | | last submitted a service line inventory to the Agency; and | 18 | | (4) the number of suspected or known lead service | 19 | | lines that were replaced after the community water supply | 20 | | last submitted a service line inventory to the Agency, and | 21 | | the material of the service line that replaced each lead | 22 | | service line. | 23 | | When identifying the materials of construction under | 24 | | paragraph (2) of this subsection, the owner or operator of the | 25 | | community water supply shall to the best of the owner's or | 26 | | operator's ability identify the type of construction material |
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| 1 | | used on the customer's side of the curb box, meter, or other | 2 | | line of demarcation and the community water supply's side of | 3 | | the curb box, meter, or other line of demarcation. | 4 | | (h) In completing a material inventory under subsection | 5 | | (d), the owner or operator of a community water supply shall: | 6 | | (1) prioritize inspections of high-risk areas | 7 | | identified by the community water supply and inspections | 8 | | of high-risk facilities, such as preschools, day care | 9 | | centers, day care homes, group day care homes, parks, | 10 | | playgrounds, hospitals, and clinics, and confirm service | 11 | | line materials in those areas and at those facilities; | 12 | | (2) review historical documentation, such as | 13 | | construction logs or cards, as-built drawings, purchase | 14 | | orders, and subdivision plans, to determine service line | 15 | | material construction; | 16 | | (3) when conducting distribution system maintenance, | 17 | | visually inspect service lines and document materials of | 18 | | construction; | 19 | | (4) identify any time period when the service lines | 20 | | being connected to its distribution system were primarily | 21 | | lead service lines, if such a time period is known or | 22 | | suspected; and | 23 | | (5) discuss service line repair and installation with | 24 | | its employees, contractors, plumbers, other workers who | 25 | | worked on service lines connected to its distribution | 26 | | system, or all of the above. |
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| 1 | | (i) The owner or operator of each community water supply | 2 | | shall maintain records of persons who refuse to grant access | 3 | | to the interior of a building for purposes of identifying the | 4 | | materials of construction of a service line. If a community | 5 | | water supply has been denied access on the property or to the | 6 | | interior of a building for that reason, then the community | 7 | | water supply shall attempt to identify the service line as a | 8 | | suspected lead service line, unless documentation is provided | 9 | | showing otherwise. | 10 | | (j) If a community water supply identifies a lead service | 11 | | line connected to a building, the owner or operator of the | 12 | | community water supply shall attempt to notify the owner of | 13 | | the building and all occupants of the building of the | 14 | | existence of the lead service line within 15 days after | 15 | | identifying the lead service line, or as soon as is reasonably | 16 | | possible thereafter. Individual written notice shall be given | 17 | | according to the provisions of subsection (jj). | 18 | | (k) An owner or operator of a community water supply has no | 19 | | duty to include in the material inventory required under | 20 | | subsection (d) information about service lines that are | 21 | | physically disconnected from a water main in its distribution | 22 | | system. | 23 | | (l) The owner or operator of each community water supply | 24 | | shall post on its website a copy of the most recently submitted | 25 | | material inventory or alternatively may request that the | 26 | | Agency post a copy of that material inventory on the Agency's |
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| 1 | | website. | 2 | | (m) Nothing in this Section shall be construed to require | 3 | | service lines to be unearthed for the sole purpose of | 4 | | inventorying. | 5 | | (n) When an owner or operator of a community water supply | 6 | | awards a contract under this Section, the owner or operator | 7 | | shall make a good faith effort to use contractors and vendors | 8 | | owned by minority persons, women, and persons with a | 9 | | disability, as those terms are defined in Section 2 of the | 10 | | Business Enterprise for Minorities, Women, and Persons with | 11 | | Disabilities Act, for not less than 20% of the total | 12 | | contracts, provided that: | 13 | | (1) contracts representing at least 11% of the total | 14 | | projects shall be awarded to minority-owned businesses, as | 15 | | defined in Section 2 of the Business Enterprise for | 16 | | Minorities, Women, and Persons with Disabilities Act; | 17 | | (2) contracts representing at least 7% of the total | 18 | | projects shall be awarded to women-owned businesses, as | 19 | | defined in Section 2 of the Business Enterprise for | 20 | | Minorities, Women, and Persons with Disabilities Act; and | 21 | | (3) contracts representing at least 2% of the total | 22 | | projects shall be awarded to businesses owned by persons | 23 | | with a disability. | 24 | | Owners or operators of a community water supply are | 25 | | encouraged to divide projects, whenever economically feasible, | 26 | | into contracts of smaller size that ensure small business |
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| 1 | | contractors or vendors shall have the ability to qualify in | 2 | | the applicable bidding process, when determining the ability | 3 | | to deliver on a given contract based on scope and size, as a | 4 | | responsible and responsive bidder. | 5 | | When a contractor or vendor submits a bid or letter of | 6 | | intent in response to a request for proposal or other bid | 7 | | submission, the contractor or vendor shall include with its | 8 | | responsive documents a utilization plan that shall address how | 9 | | compliance with applicable good faith requirements set forth | 10 | | in this subsection shall be addressed. | 11 | | Under this subsection, "good faith effort" means
a | 12 | | community water supply has taken all necessary steps to comply | 13 | | with the goals of this subsection by complying with the | 14 | | following: | 15 | | (1) Soliciting through reasonable and available means | 16 | | the interest of a business, as defined in Section 2 of the | 17 | | Business Enterprise for Minorities, Women, and Persons | 18 | | with Disabilities Act, that have the capability to perform | 19 | | the work of the contract. The community water supply must | 20 | | solicit this interest within sufficient time to allow | 21 | | certified businesses to respond. | 22 | | (2) Providing interested certified businesses with | 23 | | adequate information about the plans, specifications, and | 24 | | requirements of the contract, including addenda, in a | 25 | | timely manner to assist them in responding to the | 26 | | solicitation. |
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| 1 | | (3) Meeting in good faith with interested certified | 2 | | businesses that have submitted bids. | 3 | | (4) Effectively using the services of the State, | 4 | | minority or women community organizations, minority or | 5 | | women contractor groups, local, State, and federal | 6 | | minority or women business assistance offices, and other | 7 | | organizations to provide assistance in the recruitment and | 8 | | placement of certified businesses. | 9 | | (5) Making efforts to use appropriate forums for | 10 | | purposes of advertising subcontracting opportunities | 11 | | suitable for certified businesses. | 12 | | The diversity goals defined in this subsection can be met | 13 | | through direct award to diverse contractors and through the | 14 | | use of diverse subcontractors and diverse vendors to | 15 | | contracts. | 16 | | (o) An owner or operator of a community water supply shall | 17 | | collect data necessary to ensure compliance with subsection | 18 | | (n) no less than semi-annually and shall include progress | 19 | | toward compliance of subsection (n) in the owner or operator's | 20 | | report required under subsection (t-5). The report must | 21 | | include data on vendor and employee diversity, including data | 22 | | on the owner's or operator's implementation of subsection (n). | 23 | | (p) Every owner or operator of a community water supply | 24 | | that has known or suspected lead service lines shall: | 25 | | (1) create a plan to: | 26 | | (A) replace each lead service line connected to |
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| 1 | | its distribution system; and | 2 | | (B) replace each galvanized service line connected | 3 | | to its distribution system, if the galvanized service | 4 | | line is or was connected downstream to lead piping; | 5 | | and | 6 | | (2) electronically submit, by April 15, 2024 its | 7 | | initial lead service line replacement plan to the Agency; | 8 | | (3) electronically submit by April 15 of each year | 9 | | after 2024 until April 15, 2027 an updated lead service | 10 | | line replacement plan to the Agency for review; the | 11 | | updated replacement plan shall account for changes in the | 12 | | number of lead service lines or unknown service lines in | 13 | | the material inventory described in subsection (d); | 14 | | (4) electronically submit by April 15, 2027 a complete | 15 | | and final replacement plan to the Agency for approval; the | 16 | | complete and final replacement plan shall account for all | 17 | | known and suspected lead service lines documented in the | 18 | | final material inventory described under paragraph (3) of | 19 | | subsection (d); and | 20 | | (5) post on its website a copy of the plan most | 21 | | recently submitted to the Agency or may request that the | 22 | | Agency post a copy of that plan on the Agency's website. | 23 | | (q) Each plan required under paragraph (1) of subsection | 24 | | (p) shall include the following: | 25 | | (1) the name and identification number of the | 26 | | community water supply; |
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| 1 | | (2) the total number of service lines connected to the | 2 | | distribution system of the community water supply; | 3 | | (3) the total number of suspected lead service lines | 4 | | connected to the distribution system of the community | 5 | | water supply; | 6 | | (4) the total number of known lead service lines | 7 | | connected to the distribution system of the community | 8 | | water supply; | 9 | | (5) the total number of lead service lines connected | 10 | | to the distribution system of the community water supply | 11 | | that have been replaced each year beginning in 2020; | 12 | | (6) a proposed lead service line replacement schedule | 13 | | that includes one-year, 5-year, 10-year, 15-year, 20-year, | 14 | | 25-year, and 30-year goals; | 15 | | (7) an analysis of costs and financing options for | 16 | | replacing the lead service lines connected to the | 17 | | community water supply's distribution system, which shall | 18 | | include, but shall not be limited to: | 19 | | (A) a detailed accounting of costs associated with | 20 | | replacing lead service lines and galvanized lines that | 21 | | are or were connected downstream to lead piping; | 22 | | (B) measures to address affordability and prevent | 23 | | service shut-offs for customers or ratepayers; and | 24 | | (C) consideration of different scenarios for | 25 | | structuring payments between the utility and its | 26 | | customers over time; and |
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| 1 | | (8) a plan for prioritizing high-risk facilities, such | 2 | | as preschools, day care centers, day care homes, group day | 3 | | care homes, parks, playgrounds, hospitals, and clinics, as | 4 | | well as high-risk areas identified by the community water | 5 | | supply; | 6 | | (9) a map of the areas where lead service lines are | 7 | | expected to be found and the sequence with which those | 8 | | areas will be inventoried and lead service lines replaced; | 9 | | (10) measures for how the community water supply will | 10 | | inform the public of the plan and provide opportunity for | 11 | | public comment; and | 12 | | (11) measures to encourage diversity in hiring in the | 13 | | workforce required to implement the plan as identified | 14 | | under subsection (n). | 15 | | (r) The Agency shall review final plans submitted to it | 16 | | under subsection (p). The Agency shall approve a final plan if | 17 | | the final plan includes all of the elements set forth under | 18 | | subsection (q) and the Agency determines that: | 19 | | (1) the proposed lead service line replacement | 20 | | schedule set forth in the plan aligns with the timeline | 21 | | requirements set forth under subsection (v); | 22 | | (2) the plan prioritizes the replacement of lead | 23 | | service lines that provide water service to high-risk | 24 | | facilities, such as preschools, day care centers, day care | 25 | | homes, group day care homes, parks, playgrounds, | 26 | | hospitals, and clinics, and high-risk areas identified by |
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| 1 | | the community water supply; | 2 | | (3) the plan includes analysis of cost and financing | 3 | | options; and | 4 | | (4) the plan provides documentation of public review. | 5 | | (s) An owner or operator of a community water supply has no | 6 | | duty to include in the plans required under subsection (p) | 7 | | information about service lines that are physically | 8 | | disconnected from a water main in its distribution system. | 9 | | (t) If a community water supply does not deliver a | 10 | | complete plan to the Agency by April 15, 2027, the community | 11 | | water supply may apply to the Agency for an extension no less | 12 | | than 3 months prior to the due date. The Agency shall develop | 13 | | criteria for granting plan extensions. When considering | 14 | | requests for extension, the Agency shall, at a minimum, | 15 | | consider: | 16 | | (1) the number of service connections in a water | 17 | | supply; and | 18 | | (2) the number of service lines of an unknown material | 19 | | composition. | 20 | | (t-5) After the Agency has approved the final replacement | 21 | | plan described in subsection (p), the owner or operator of a | 22 | | community water supply shall submit a report detailing | 23 | | progress toward plan goals to the Agency for its review. The | 24 | | report shall be submitted annually for the first 10 years, and | 25 | | every 3 years thereafter until all lead service lines have | 26 | | been replaced. Reports under this subsection shall be |
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| 1 | | published in the same manner described in subsection (l). The | 2 | | report shall include at least the following information as it | 3 | | pertains to the preceding reporting period: | 4 | | (1) The number of lead service lines replaced and the | 5 | | average cost of lead service line replacement. | 6 | | (2) Progress toward meeting hiring requirements as | 7 | | described in subsection (n) and subsection (o). | 8 | | (3) The percent of customers electing a waiver | 9 | | offered, as described in subsections (ii) and (jj), among | 10 | | those customers receiving a request or notification to | 11 | | perform a lead service line replacement. | 12 | | (4) The method or methods used by the community water | 13 | | supply to finance lead service line replacement. | 14 | | (u) Notwithstanding any other provision of law, in order | 15 | | to provide for costs associated with lead service line | 16 | | remediation and replacement, the corporate authorities of a | 17 | | municipality may, by ordinance or resolution by the corporate | 18 | | authorities, exercise authority provided in Section 27-5 et | 19 | | seq. of the Property Tax Code and Sections 8-3-1, 8-11-1, | 20 | | 8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq., | 21 | | 11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes | 22 | | levied for this purpose shall be in addition to taxes for | 23 | | general purposes authorized under Section 8-3-1 of the | 24 | | Illinois Municipal Code and shall be included in the taxing | 25 | | district's aggregate extension for the purposes of Division 5 | 26 | | of Article 18 of the Property Tax Code. |
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| 1 | | (v) Every owner or operator of a community water supply | 2 | | shall replace all known lead service lines, subject to the | 3 | | requirements of subsection (ff), according to the following | 4 | | replacement rates and timelines to be calculated from the date | 5 | | of submission of the final replacement plan to the Agency: | 6 | | (1) A community water supply reporting 1,200 or fewer | 7 | | lead service lines in its final inventory and replacement | 8 | | plan shall replace all lead service lines, at an annual | 9 | | rate of no less than 7% of the amount described in the | 10 | | final inventory, with a timeline of up to 15 years for | 11 | | completion. | 12 | | (2) A community water supply reporting more than 1,200 | 13 | | but fewer than 5,000 lead service lines in its final | 14 | | inventory and replacement plan shall replace all lead | 15 | | service lines, at an annual rate of no less than 6% of the | 16 | | amount described in the final inventory, with a timeline | 17 | | of up to 17 years for completion. | 18 | | (3) A community water supply reporting more than 4,999 | 19 | | but fewer than 10,000 lead service lines in its final | 20 | | inventory and replacement plan shall replace all lead | 21 | | service lines, at an annual rate of no less than 5% of the | 22 | | amount described in the final inventory, with a timeline | 23 | | of up to 20 years for completion. | 24 | | (4) A community water supply reporting more than 9,999 | 25 | | but fewer than 99,999 lead service lines in its final | 26 | | inventory and replacement plan shall replace all lead |
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| 1 | | service lines, at an annual rate of no less than 3% of the | 2 | | amount described in the final inventory, with a timeline | 3 | | of up to 34 years for completion. | 4 | | (5) A community water supply reporting more than | 5 | | 99,999 lead service lines in its final inventory and | 6 | | replacement plan shall replace all lead service lines, at | 7 | | an annual rate of no less than 2% of the amount described | 8 | | in the final inventory, with a timeline of up to 50 years | 9 | | for completion. | 10 | | (w) A community water supply may apply to the Agency for an | 11 | | extension to the replacement timelines described in paragraphs | 12 | | (1) through (5) of subsection (v). The Agency shall develop | 13 | | criteria for granting replacement timeline extensions. When | 14 | | considering requests for timeline extensions, the Agency | 15 | | shall, at a minimum, consider: | 16 | | (1) the number of service connections in a water | 17 | | supply; and | 18 | | (2) unusual circumstances creating hardship for a | 19 | | community. | 20 | | The Agency may grant one extension of additional time | 21 | | equal to not more than 20% of the original replacement | 22 | | timeline, except in situations of extreme hardship in which | 23 | | the Agency may consider a second additional extension equal to | 24 | | not more than 10% of the original replacement timeline. | 25 | | Replacement rates and timelines shall be calculated from | 26 | | the date of submission of the final plan to the Agency. |
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| 1 | | (x) The Lead Service Line Replacement Advisory Board is | 2 | | created within the Agency. The Advisory Board shall convene | 3 | | within 120 days after January 1, 2022 ( the effective date of | 4 | | Public Act 102-613) this amendatory Act of the 102nd General | 5 | | Assembly . | 6 | | The Advisory Board shall consist of at least 28 voting | 7 | | members, as follows: | 8 | | (1) the Director of the Agency, or his or her | 9 | | designee, who shall serve as chairperson; | 10 | | (2) the Director of Revenue, or his or her designee; | 11 | | (3) the Director of Public Health, or his or her | 12 | | designee; | 13 | | (4) fifteen members appointed by the Agency as | 14 | | follows: | 15 | | (A) one member representing a statewide | 16 | | organization of municipalities as authorized by | 17 | | Section 1-8-1 of the Illinois Municipal Code; | 18 | | (B) two members who are mayors representing | 19 | | municipalities located in any county south of the | 20 | | southernmost county represented by one of the 10 | 21 | | largest municipalities in Illinois by population, or | 22 | | their respective designees; | 23 | | (C) two members who are representatives from | 24 | | public health advocacy groups; | 25 | | (D) two members who are representatives from | 26 | | publicly-owned water utilities; |
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| 1 | | (E) one member who is a representative from a | 2 | | public utility as defined under Section 3-105 of the | 3 | | Public Utilities Act that provides water service in | 4 | | the State of Illinois; | 5 | | (F) one member who is a research professional | 6 | | employed at an Illinois academic institution and | 7 | | specializing in water infrastructure research; | 8 | | (G) two members who are representatives from | 9 | | nonprofit civic organizations; | 10 | | (H) one member who is a representative from a | 11 | | statewide organization representing environmental | 12 | | organizations; | 13 | | (I) two members who are representatives from | 14 | | organized labor; and | 15 | | (J) one member representing an environmental | 16 | | justice organization; and | 17 | | (5) ten members who are the mayors of the 10 largest | 18 | | municipalities in Illinois by population, or their | 19 | | respective designees. | 20 | | No less than 10 of the 28 voting members shall be persons | 21 | | of color, and no less than 3 shall represent communities | 22 | | defined or self-identified as environmental justice | 23 | | communities. | 24 | | Advisory Board members shall serve without compensation, | 25 | | but may be reimbursed for necessary expenses incurred in the | 26 | | performance of their duties from funds appropriated for that |
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| 1 | | purpose. The Agency shall provide administrative support to | 2 | | the Advisory Board. | 3 | | The Advisory Board shall meet no less than once every 6 | 4 | | months. | 5 | | (y) The Advisory Board shall have, at a minimum, the | 6 | | following duties: | 7 | | (1) advising the Agency on best practices in lead | 8 | | service line replacement; | 9 | | (2) reviewing the progress of community water supplies | 10 | | toward lead service line replacement goals; | 11 | | (3) advising the Agency on other matters related to | 12 | | the administration of the provisions of this Section; | 13 | | (4) advising the Agency on the integration of existing | 14 | | lead service line replacement plans with any statewide | 15 | | plan; and | 16 | | (5) providing technical support and practical | 17 | | expertise in general. | 18 | | (z) Within 18 months after January 1, 2022 ( the effective | 19 | | date of Public Act 102-613) this amendatory Act of the 102nd | 20 | | General Assembly , the Advisory Board shall deliver a report of | 21 | | its recommendations to the Governor and the General Assembly | 22 | | concerning opportunities for dedicated, long-term revenue | 23 | | options for funding lead service line replacement. In | 24 | | submitting recommendations, the Advisory Board shall consider, | 25 | | at a minimum, the following: | 26 | | (1) the sufficiency of various revenue sources to |
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| 1 | | adequately fund replacement of all lead service lines in | 2 | | Illinois; | 3 | | (2) the financial burden, if any, on households | 4 | | falling below 150% of the federal poverty limit; | 5 | | (3) revenue options that guarantee low-income | 6 | | households are protected from rate increases; | 7 | | (4) an assessment of the ability of community water | 8 | | supplies to assess and collect revenue; | 9 | | (5) variations in financial resources among individual | 10 | | households within a service area; and | 11 | | (6) the protection of low-income households from rate | 12 | | increases. | 13 | | (aa) Within 10 years after January 1, 2022 ( the effective | 14 | | date of Public Act 102-613) this amendatory Act of the 102nd | 15 | | General Assembly , the Advisory Board shall prepare and deliver | 16 | | a report to the Governor and General Assembly concerning the | 17 | | status of all lead service line replacement within the State. | 18 | | (bb) The Lead Service Line Replacement Fund is created as | 19 | | a special fund in the State treasury to be used by the Agency | 20 | | for the purposes provided under this Section. The Fund shall | 21 | | be used exclusively to finance and administer programs and | 22 | | activities specified under this Section and listed under this | 23 | | subsection. | 24 | | The objective of the Fund is to finance activities | 25 | | associated with identifying and replacing lead service lines, | 26 | | build Agency capacity to oversee the provisions of this |
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| 1 | | Section, and provide related assistance for the activities | 2 | | listed under this subsection. | 3 | | The Agency shall be responsible for the administration of | 4 | | the Fund and shall allocate moneys on the basis of priorities | 5 | | established by the Agency through administrative rule. On July | 6 | | 1, 2022 and on July 1 of each year thereafter, the Agency shall | 7 | | determine the available amount of resources in the Fund that | 8 | | can be allocated to the activities identified under this | 9 | | Section and shall allocate the moneys accordingly. | 10 | | Notwithstanding any other law to the contrary, the Lead | 11 | | Service Line Replacement Fund is not subject to sweeps, | 12 | | administrative charge-backs, or any other fiscal maneuver that | 13 | | would in any way transfer any amounts from the Lead Service | 14 | | Line Replacement Fund into any other fund of the State. | 15 | | (cc) Within one year after January 1, 2022 ( the effective | 16 | | date of Public Act 102-613) this amendatory Act of the 102 | 17 | | General Assembly , the Agency shall design rules for a program | 18 | | for the purpose of administering lead service line replacement | 19 | | funds. The rules must, at minimum, contain: | 20 | | (1) the process by which community water supplies may | 21 | | apply for funding; and | 22 | | (2) the criteria for determining unit of local | 23 | | government eligibility and prioritization for funding, | 24 | | including the prevalence of low-income households, as | 25 | | measured by median household income, the prevalence of | 26 | | lead service lines, and the prevalence of water samples |
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| 1 | | that demonstrate elevated levels of lead. | 2 | | (dd) Funding under subsection (cc) shall be available for | 3 | | costs directly attributable to the planning, design, or | 4 | | construction directly related to the replacement of lead | 5 | | service lines and restoration of property. | 6 | | Funding shall not be used for the general operating | 7 | | expenses of a municipality or community water supply. | 8 | | (ee) An owner or operator of any community water supply | 9 | | receiving grant funding under subsection (cc) shall bear the | 10 | | entire expense of full lead service line replacement for all | 11 | | lead service lines in the scope of the grant. | 12 | | (ff) When replacing a lead service line, the owner or | 13 | | operator of the community water supply shall replace the | 14 | | service line in its entirety, including, but not limited to, | 15 | | any portion of the service line (i) running on private | 16 | | property and (ii) within the building's plumbing at the first | 17 | | shut-off valve. Partial lead service line replacements are | 18 | | expressly prohibited. Exceptions shall be made under the | 19 | | following circumstances: | 20 | | (1) In the event of an emergency repair that affects a | 21 | | lead service line or a suspected lead service line, a | 22 | | community water supply must contact the building owner to | 23 | | begin the process of replacing the entire service line. If | 24 | | the building owner is not able to be contacted or the | 25 | | building owner or occupant refuses to grant access and | 26 | | permission to replace the entire service line at the time |
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| 1 | | of the emergency repair, then the community water supply | 2 | | may perform a partial lead service line replacement. Where | 3 | | an emergency repair on a service line constructed of lead | 4 | | or galvanized steel pipe results in a partial service line | 5 | | replacement, the water supply responsible for commencing | 6 | | the repair shall perform the following: | 7 | | (A) Notify the building's owner or operator and | 8 | | the resident or residents served by the lead service | 9 | | line in writing that a repair has been completed. The | 10 | | notification shall include, at a minimum: | 11 | | (i) a warning that the work may result in | 12 | | sediment, possibly containing lead, in the | 13 | | buildings water supply system; | 14 | | (ii) information concerning practices for | 15 | | preventing the consumption of any lead in drinking | 16 | | water, including a recommendation to flush water | 17 | | distribution pipe during and after the completion | 18 | | of the repair or replacement work and to clean | 19 | | faucet aerator screens; and | 20 | | (iii) information regarding the dangers of | 21 | | lead to young children and pregnant women. | 22 | | (B) Provide filters for at least one fixture | 23 | | supplying potable water for consumption. The filter | 24 | | must be certified by an accredited third-party | 25 | | certification body to NSF/ANSI 53 and NSF/ANSI 42 for | 26 | | the reduction of lead and particulate. The filter must |
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| 1 | | be provided until such time that the remaining | 2 | | portions of the service line have been replaced with a | 3 | | material approved by the Department or a waiver has | 4 | | been issued under subsection (ii). | 5 | | (C) Replace the remaining portion of the lead | 6 | | service line within 30 days of the repair, or 120 days | 7 | | in the event of weather or other circumstances beyond | 8 | | reasonable control that prohibits construction. If a | 9 | | complete lead service line replacement cannot be made | 10 | | within the required period, the community water supply | 11 | | responsible for commencing the repair shall notify the | 12 | | Department in writing, at a minimum, of the following | 13 | | within 24 hours of the repair: | 14 | | (i) an explanation of why it is not feasible | 15 | | to replace the remaining portion of the lead | 16 | | service line within the allotted time; and | 17 | | (ii) a timeline for when the remaining portion | 18 | | of the lead service line will be replaced. | 19 | | (D) If complete repair of a lead service line | 20 | | cannot be completed due to denial by the property | 21 | | owner, the community water supply commencing the | 22 | | repair shall request the affected property owner to | 23 | | sign a waiver developed by the Department. If a | 24 | | property owner of a nonresidential building or | 25 | | residence operating as rental properties denies a | 26 | | complete lead service line replacement, the property |
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| 1 | | owner shall be responsible for installing and | 2 | | maintaining point-of-use filters certified by an | 3 | | accredited third-party certification body to NSF/ANSI | 4 | | 53 and NSF/ANSI 42 for the reduction of lead and | 5 | | particulate at all fixtures intended to supply water | 6 | | for the purposes of drinking, food preparation, or | 7 | | making baby formula. The filters shall continue to be | 8 | | supplied by the property owner until such time that | 9 | | the property owner has affected the remaining portions | 10 | | of the lead service line to be replaced. | 11 | | (E) Document any remaining lead service line, | 12 | | including a portion on the private side of the | 13 | | property, in the community water supply's distribution | 14 | | system materials inventory required under subsection | 15 | | (d). | 16 | | For the purposes of this paragraph (1), written notice | 17 | | shall be provided in the method and according to the | 18 | | provisions of subsection (jj). | 19 | | (2) Lead service lines that are physically | 20 | | disconnected from the distribution system are exempt from | 21 | | this subsection. | 22 | | (gg) Except as provided in subsection (hh), on and after | 23 | | January 1, 2022, when the owner or operator of a community | 24 | | water supply replaces a water main, the community water supply | 25 | | shall identify all lead service lines connected to the water | 26 | | main and shall replace the lead service lines by: |
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| 1 | | (1) identifying the material or materials of each lead | 2 | | service line connected to the water main, including, but | 3 | | not limited to, any portion of the service line (i) | 4 | | running on private property and (ii) within the building | 5 | | plumbing at the first shut-off valve or 18 inches inside | 6 | | the building, whichever is shorter; | 7 | | (2) in conjunction with replacement of the water main, | 8 | | replacing any and all portions of each lead service line | 9 | | connected to the water main that are composed of lead; and | 10 | | (3) if a property owner or customer refuses to grant | 11 | | access to the property, following prescribed notice | 12 | | provisions as outlined in subsection (ff). | 13 | | If an owner of a potentially affected building intends to | 14 | | replace a portion of a lead service line or a galvanized | 15 | | service line and the galvanized service line is or was | 16 | | connected downstream to lead piping, then the owner of the | 17 | | potentially affected building shall provide the owner or | 18 | | operator of the community water supply with notice at least 45 | 19 | | days before commencing the work. In the case of an emergency | 20 | | repair, the owner of the potentially affected building must | 21 | | provide filters for each kitchen area that are certified by an | 22 | | accredited third-party certification body to NSF/ANSI 53 and | 23 | | NSF/ANSI 42 for the reduction of lead and particulate. If the | 24 | | owner of the potentially affected building notifies the owner | 25 | | or operator of the community water supply that replacement of | 26 | | a portion of the lead service line after the emergency repair |
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| 1 | | is completed, then the owner or operator of the community | 2 | | water supply shall replace the remainder of the lead service | 3 | | line within 30 days after completion of the emergency repair. | 4 | | A community water supply may take up to 120 days if necessary | 5 | | due to weather conditions. If a replacement takes longer than | 6 | | 30 days, filters provided by the owner of the potentially | 7 | | affected building must be replaced in accordance with the | 8 | | manufacturer's recommendations. Partial lead service line | 9 | | replacements by the owners of potentially affected buildings | 10 | | are otherwise prohibited. | 11 | | (hh) For municipalities with a population in excess of | 12 | | 1,000,000 inhabitants, the requirements of subsection (gg) | 13 | | shall commence on January 1, 2023. | 14 | | (ii) At least 45 days before conducting planned lead | 15 | | service line replacement, the owner or operator of a community | 16 | | water supply shall, by mail, attempt to contact the owner of | 17 | | the potentially affected building serviced by the lead service | 18 | | line to request access to the building and permission to | 19 | | replace the lead service line in accordance with the lead | 20 | | service line replacement plan. If the owner of the potentially | 21 | | affected building does not respond to the request within 15 | 22 | | days after the request is sent, the owner or operator of the | 23 | | community water supply shall attempt to post the request on | 24 | | the entrance of the potentially affected building. | 25 | | If the owner or operator of a community water supply is | 26 | | unable to obtain approval to access and replace a lead service |
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| 1 | | line, the owner or operator of the community water supply | 2 | | shall request that the owner of the potentially affected | 3 | | building sign a waiver. The waiver shall be developed by the | 4 | | Department and should be made available in the owner's | 5 | | language. If the owner of the potentially affected building | 6 | | refuses to sign the waiver or fails to respond to the community | 7 | | water supply after the community water supply has complied | 8 | | with this subsection, then the community water supply shall | 9 | | notify the Department in writing within 15 working days. | 10 | | (jj) When replacing a lead service line or repairing or | 11 | | replacing water mains with lead service lines or partial lead | 12 | | service lines attached to them, the owner or operator of a | 13 | | community water supply shall provide the owner of each | 14 | | potentially affected building that is serviced by the affected | 15 | | lead service lines or partial lead service lines, as well as | 16 | | the occupants of those buildings, with an individual written | 17 | | notice. The notice shall be delivered by mail or posted at the | 18 | | primary entranceway of the building. The notice may, in | 19 | | addition, be electronically mailed. Written notice shall | 20 | | include, at a minimum, the following: | 21 | | (1) a warning that the work may result in sediment, | 22 | | possibly containing lead from the service line, in the | 23 | | building's water; | 24 | | (2) information concerning the best practices for | 25 | | preventing exposure to or risk of consumption of lead in | 26 | | drinking water, including a recommendation to flush water |
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| 1 | | lines during and after the completion of the repair or | 2 | | replacement work and to clean faucet aerator screens; and | 3 | | (3) information regarding the dangers of lead exposure | 4 | | to young children and pregnant women. | 5 | | When the individual written notice described in the first | 6 | | paragraph of this subsection is required as a result of | 7 | | planned work other than the repair or replacement of a water | 8 | | meter, the owner or operator of the community water supply | 9 | | shall provide the notice not less than 14 days before work | 10 | | begins. When the individual written notice described in the | 11 | | first paragraph of this subsection is required as a result of | 12 | | emergency repairs other than the repair or replacement of a | 13 | | water meter, the owner or operator of the community water | 14 | | supply shall provide the notice at the time the work is | 15 | | initiated. When the individual written notice described in the | 16 | | first paragraph of this subsection is required as a result of | 17 | | the repair or replacement of a water meter, the owner or | 18 | | operator of the community water supply shall provide the | 19 | | notice at the time the work is initiated. | 20 | | The notifications required under this subsection must | 21 | | contain the following
statement in the Spanish, Polish, | 22 | | Chinese, Tagalog, Arabic, Korean, German, Urdu, and
Gujarati:
| 23 | | "This notice contains important information about your water | 24 | | service and may affect your
rights. We encourage you to have | 25 | | this notice translated in full into a language you
understand | 26 | | and before you make any decisions that may be required under |
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| 1 | | this notice." | 2 | | An owner or operator of a community water supply that is | 3 | | required under this subsection to provide an individual | 4 | | written notice to the owner and occupant of a potentially | 5 | | affected building that is a multi-dwelling building may | 6 | | satisfy that requirement and the requirements of this | 7 | | subsection regarding notification to non-English speaking | 8 | | customers by posting the required notice on the primary | 9 | | entranceway of the building and at the location where the | 10 | | occupant's mail is delivered as reasonably as possible. | 11 | | When this subsection would require the owner or operator | 12 | | of a community water supply to provide an individual written | 13 | | notice to the entire community served by the community water | 14 | | supply or would require the owner or operator of a community | 15 | | water supply to provide individual written notices as a result | 16 | | of emergency repairs or when the community water supply that | 17 | | is required to comply with this subsection is a small system, | 18 | | the owner or operator of the community water supply may | 19 | | provide the required notice through local media outlets, | 20 | | social media, or other similar means in lieu of providing the | 21 | | individual written notices otherwise required under this | 22 | | subsection. | 23 | | No notifications are required under this subsection for | 24 | | work performed on water mains that are used to transmit | 25 | | treated water between community water supplies and properties | 26 | | that have no service connections. |
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| 1 | | (kk) No community water supply that sells water to any | 2 | | wholesale or retail consecutive community water supply may | 3 | | pass on any costs associated with compliance with this Section | 4 | | to consecutive systems. | 5 | | (ll) To the extent allowed by law, when a community water | 6 | | supply replaces or installs a lead service line in a public | 7 | | right-of-way or enters into an agreement with a private | 8 | | contractor for replacement or installation of a lead service | 9 | | line, the community water supply shall be held harmless for | 10 | | all damage to property when replacing or installing the lead | 11 | | service line. If dangers are encountered that prevent the | 12 | | replacement of the lead service line, the community water | 13 | | supply shall notify the Department within 15 working days of | 14 | | why the replacement of the lead service line could not be | 15 | | accomplished. | 16 | | (mm) The Agency may propose to the Board, and the Board may | 17 | | adopt, any rules necessary to implement and administer this | 18 | | Section. The Department may adopt rules necessary to address | 19 | | lead service lines attached to non-community noncommunity | 20 | | water supplies. | 21 | | (nn) Notwithstanding any other provision in this Section, | 22 | | no requirement in this Section shall be construed as being | 23 | | less stringent than existing applicable federal requirements. | 24 | | (oo) All lead service line replacements financed in whole | 25 | | or in part with funds obtained under this Section shall be | 26 | | considered public works for purposes of the Prevailing Wage |
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| 1 | | Act.
| 2 | | (pp) As lead service lines are replaced in accordance with | 3 | | this Section, the following requirements must be met: | 4 | | (1) An owner or operator of a community water supply | 5 | | shall, when practicable, comply with paragraphs (1) and | 6 | | (2) of subsection (a) of Section 890.1150 of the Illinois | 7 | | Plumbing Code. When doing so will create an undue hardship | 8 | | due to excessive structural or mechanical difficulty, or | 9 | | impracticability, the owner or operator of the community | 10 | | water supply shall automatically be granted a variance by | 11 | | the Department of Public Health and be exempt from the | 12 | | separation requirements of paragraphs (1) and (2) of | 13 | | subsection (a) of Section 890.1150 of the Illinois | 14 | | Plumbing Code. | 15 | | (2) Type K copper must be used to replace a lead pipe. | 16 | | (3) If a new service line or building sewer is to be | 17 | | located closer, horizontally or vertically, than the | 18 | | existing installation, then the service line must be | 19 | | properly encased in a sleeve in accordance with the | 20 | | Illinois Plumbing Code. | 21 | | (4) If a sanitary sewer, building sewer, or building | 22 | | drain has been exposed during the service line | 23 | | replacement, the exposed portion must be visibly | 24 | | inspected. Any sewer with observed damage, cracks, or | 25 | | leaks must be repaired prior to backfilling. | 26 | | This subsection is applicable in the following situations: |
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| 1 | | (1) No E. coli has been detected in any drinking water | 2 | | sample collected from the property's plumbing system | 3 | | within the 10-year period prior to the service line | 4 | | replacement. However, there is no requirement for the | 5 | | collection of water samples. | 6 | | (2) If water service is above a building sewer. | 7 | | If a building sewer runs above water service, then the | 8 | | Illinois Plumbing Code, rather than this subsection, shall | 9 | | apply. | 10 | | (Source: P.A. 102-613, eff. 1-1-22; revised 12-1-21.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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