Full Text of SB1168 102nd General Assembly
SB1168sam001 102ND GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 4/9/2021
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| 1 | | AMENDMENT TO SENATE BILL 1168
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1168 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. This Act may be referred to as the Lead Service | 5 | | Line Replacement and Notification Act. | 6 | | Section 5. The Department of Commerce and Economic | 7 | | Opportunity Law of the
Civil Administrative Code of Illinois | 8 | | is amended by adding Section 605-870 as follows: | 9 | | (20 ILCS 605/605-870 new) | 10 | | Sec. 605-870. Low-income water assistance policy and | 11 | | program. | 12 | | (a) The Department shall by rule establish a comprehensive | 13 | | low-income water assistance policy and program that | 14 | | incorporates financial assistance and includes, but is not | 15 | | limited to, water efficiency or water quality projects, such |
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| 1 | | as lead service line replacement, or other measures to ensure | 2 | | that residents have access to affordable and clean water. The | 3 | | policy and program shall not jeopardize the ability of public | 4 | | utilities, community water supplies,or other entities to | 5 | | receive just compensation for providing services. The | 6 | | resources applied in achieving the policy and program shall be | 7 | | coordinated and efficiently used through the integration of | 8 | | public programs and through the targeting of assistance. The | 9 | | rule or rules shall be adopted within 180 days after receiving | 10 | | an appropriation for the program. | 11 | | (b) Any person who is a resident of the State and whose | 12 | | household income is not greater than an amount determined | 13 | | annually by the Department may apply for assistance under this | 14 | | Section in accordance with rules adopted by the Department. In | 15 | | setting the annual eligibility level, the Department shall | 16 | | consider the amount of available funding and may not set a | 17 | | limit higher than 150% of the poverty guidelines updated | 18 | | periodically in the Federal Register by the U.S. Department of | 19 | | Health and Human Services under the authority of 42 U.S.C. | 20 | | 9902(2). | 21 | | (c) Applicants who qualify for assistance under subsection | 22 | | (b) shall, subject to appropriation from the General Assembly | 23 | | and availability of funds by the Department, receive | 24 | | assistance as provided under this Section. The Department, | 25 | | upon receipt of moneys authorized under this Section for | 26 | | assistance, shall commit funds for each qualified applicant in |
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| 1 | | an amount determined by the Department. In determining the | 2 | | amounts of assistance to be provided to or on behalf of a | 3 | | qualified applicant the Department shall ensure that the | 4 | | highest amounts of assistance go to households with the | 5 | | greatest water costs in relation to household income. The | 6 | | Department may consider factors such as water costs, household | 7 | | size,household income, and region of the State when | 8 | | determining individual household benefits. In adopting rules | 9 | | for the administration of this Section, the Department shall | 10 | | ensure that a minimum of one-third of the funds for the program | 11 | | are available for benefits to eligible households with the | 12 | | lowest incomes and that elderly households, households with | 13 | | persons with disabilities, and households with children under | 14 | | 6 years of age are offered a priority application period. | 15 | | (d) Application materials for the program shall be made | 16 | | available in multiple languages. | 17 | | Section 10. The Environmental Protection Act is amended by | 18 | | adding Section 17.12 as follows: | 19 | | (415 ILCS 5/17.12 new) | 20 | | Sec. 17.12. Lead service line replacement and | 21 | | notification. | 22 | | (a) The purpose of this Act is to: (1) require the owners | 23 | | and operators of community water supplies to develop, | 24 | | implement, and maintain a comprehensive water service line |
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| 1 | | material inventory and a comprehensive lead service line | 2 | | replacement plan, provide notice to occupants of potentially | 3 | | affected buildings before any construction or repair work on | 4 | | water mains or lead service lines, and request access to | 5 | | potentially affected buildings before replacing lead service | 6 | | lines; and (2) prohibit partial lead service line | 7 | | replacements. | 8 | | (b) The General Assembly finds and declares that: | 9 | | (1) There is no safe level of exposure to heavy metal | 10 | | lead, as found by the United States Environmental | 11 | | Protection Agency and the Center for Disease Control. | 12 | | (2) Lead-based plumbing, including service lines, can | 13 | | convey this harmful substance to the drinking water | 14 | | supply. | 15 | | (3) According to the Illinois Environmental Protection | 16 | | Agency's 2018 Service Line Material Inventory, the State | 17 | | of Illinois is estimated to have over 680,000 lead-based | 18 | | service lines still in operation. | 19 | | (4) The true number of lead service lines is not fully | 20 | | known because Illinois lacks an adequate inventory of lead | 21 | | service lines. | 22 | | (5) For the general health, safety and welfare of its | 23 | | residents, all lead service lines in Illinois should be | 24 | | disconnected from the drinking water supply, and the | 25 | | State's drinking water supply. | 26 | | (c) In this Section: |
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| 1 | | "Advisory Board" means the Lead Service Line Replacement | 2 | | Advisory Board created under subsection (y). | 3 | | "Community water supply" has the meaning ascribed to it in | 4 | | Section 3.145 of this Act. | 5 | | "Department" means the Department of Public Health. | 6 | | "Emergency repair" means any unscheduled water main, water | 7 | | service, or water valve repair or replacement that results | 8 | | from failure or accident. | 9 | | "Lead service line" means a service line made of lead or | 10 | | service line connected to a lead pigtail, lead gooseneck, or | 11 | | other lead fitting. | 12 | | "Low income community" means any population census tract | 13 | | where the median income does not exceed 80% of the area median | 14 | | income, adjusted for family size and revised every 2 years. | 15 | | "Material inventory" means a water service line material | 16 | | inventory developed by a community water supply pursuant to | 17 | | this Act. | 18 | | "Noncommunity water supply" has the meaning ascribed to it | 19 | | in Section 3.145 of the Environmental Protection Act. | 20 | | "NSF/ANSI Standard" means a water treatment standard | 21 | | developed by NSF International. | 22 | | "Owner or operator of a public water supply" means any of | 23 | | the following entities: | 24 | | (1) a public utility that regularly provides water and | 25 | | is under the jurisdiction of the Illinois Commerce | 26 | | Commission; |
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| 1 | | (2) a water district, including, but not limited to, a | 2 | | public water district, water service district, or surface | 3 | | water protection district established as a special | 4 | | district under the laws of this State, that regularly | 5 | | provides water or sewer service; | 6 | | (3) a waterworks system established under the Township | 7 | | Code that regularly provides water service; | 8 | | (4) a water system owned by a municipality that | 9 | | regularly provides water service; and | 10 | | (5) any other entity that is not a public utility that | 11 | | regularly provides water service. | 12 | | "Partial lead service line replacement" means replacement | 13 | | of only a portion of a lead service line. | 14 | | "Potentially affected building" means any building that is | 15 | | provided water service through a service line that is either a | 16 | | lead service line or a suspected lead service line. | 17 | | "Public water supply" has the meaning ascribed to it in | 18 | | Section 3.365 of this Act. | 19 | | "Service line" means the piping, tubing, and necessary | 20 | | appurtenances acting as a conduit from the water main or | 21 | | source of potable water supply to the building plumbing at the | 22 | | first shut-off valve or 18 inches inside the building, | 23 | | whichever is shorter. | 24 | | "Suspected lead service line" means a line that a | 25 | | community water supply finds more likely than not to be made of | 26 | | lead after completing the requirements under paragraphs (2) |
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| 1 | | through (5) of subsection (h). | 2 | | "Small system" means a community water supply that | 3 | | regularly serves water to 3,300 or fewer persons. | 4 | | (d) An owner or operator of a community water supply | 5 | | shall: | 6 | | (1) develop an initial material inventory and submit | 7 | | the material inventory electronically to the Agency by | 8 | | April 15, 2022; | 9 | | (2) update its material inventory and submit the | 10 | | updated material inventory electronically to the Agency by | 11 | | April 15, 2023; and | 12 | | (3) deliver a complete material inventory to the | 13 | | Agency no later than April 15, 2024, or such time as | 14 | | required by federal law, whichever is sooner. The complete | 15 | | inventory shall report the composition of all service | 16 | | lines in the community water supply's distribution system. | 17 | | (e) The Agency shall review each material inventory | 18 | | submitted to it under subsection (d). If the Agency determines | 19 | | that a community water supply is making substantial progress | 20 | | toward characterizing the materials of all service lines | 21 | | connected to its distribution system, with a priority on | 22 | | identifying all lead service lines connected to its | 23 | | distribution system, then the Agency shall approve the | 24 | | material inventory. | 25 | | (f) If a community water supply does not deliver a | 26 | | complete inventory to the Agency by April 15, 2024 pursuant to |
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| 1 | | paragraph (3) of subsection (d), the community water supply | 2 | | may apply for an extension to the Agency. The Agency shall | 3 | | develop criteria for granting material inventory extensions. | 4 | | When considering requests for extension, the Agency shall, at | 5 | | a minimum, consider: | 6 | | (1) the number of service connections in a water | 7 | | supply; | 8 | | (2) the staff capacity and financial condition of the | 9 | | community; | 10 | | (3) the number of service lines of an unknown material | 11 | | composition; and | 12 | | (4) other criteria as determined by the Agency in | 13 | | consultation with the Lead Service Line Replacement | 14 | | Advisory Board created under subsection (y). | 15 | | This subsection (f) shall be null and void if it conflicts | 16 | | with federal lead service line replacement
inventory | 17 | | requirements. | 18 | | (g) A material inventory prepared for a community water | 19 | | supply under subsection (d) shall identify: | 20 | | (1) the total number of service lines connected to the | 21 | | community water supply's distribution system; | 22 | | (2) the materials of construction of each service line | 23 | | connected to the community water supply's distribution | 24 | | system; | 25 | | (3) the number of suspected lead service lines that | 26 | | were newly identified in the material inventory for the |
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| 1 | | community water supply after the community water supply | 2 | | last submitted a service line inventory to the Agency; and | 3 | | (4) the number of suspected or known lead service | 4 | | lines that were replaced after the community water supply | 5 | | last submitted a service line inventory to the Agency, and | 6 | | the material of the service line that replaced each lead | 7 | | service line. | 8 | | When identifying the materials of construction under | 9 | | paragraph (2) of this subsection, the owner or operator of the | 10 | | community water supply shall identify the type of construction | 11 | | material used on the customer's side of the curb box, meter, or | 12 | | other line of demarcation and the community water supply's | 13 | | side of the curb box, meter, or other line of demarcation. | 14 | | (h) In completing a material inventory under subsection | 15 | | (d), the owner or operator of a community water supply shall: | 16 | | (1) prioritize inspections of high-risk areas | 17 | | identified by the community water supply and inspections | 18 | | of high-risk facilities, such as preschools, day care | 19 | | centers, day care homes, group day care homes, parks, | 20 | | playgrounds, hospitals, and clinics, and confirm service | 21 | | line materials in those areas and at those facilities; | 22 | | (2) review historical documentation, such as | 23 | | construction logs or cards, as-built drawings, purchase | 24 | | orders, and subdivision plans, to determine service line | 25 | | material construction; | 26 | | (3) when conducting distribution system maintenance, |
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| 1 | | visually inspect service lines and document materials of | 2 | | construction; | 3 | | (4) identify any time period when the service lines | 4 | | being connected to its distribution system were primarily | 5 | | lead service lines, if such a time period is known or | 6 | | suspected; and | 7 | | (5) discuss service line repair and installation with | 8 | | its employees, contractors, plumbers, other workers who | 9 | | worked on service lines connected to its distribution | 10 | | system, or all of the above. | 11 | | (i) The owner or operator of each community water supply | 12 | | shall maintain records of persons who refuse to grant access | 13 | | to the interior of a building for purposes of identifying the | 14 | | materials of construction of a service line. If a community | 15 | | water supply has been denied access to the interior of a | 16 | | building for that reason, then the community water supply may | 17 | | identify the service line as a suspected lead service line. | 18 | | (j) If a community water supply identifies a lead service | 19 | | line connected to a building, the owner or operator of the | 20 | | community water supply shall notify the owner of the building | 21 | | and all occupants of the building of the existence of the lead | 22 | | service line within 15 days after identifying the lead service | 23 | | line, or as soon as is reasonably possible thereafter. | 24 | | Individual written notice shall be given according to the | 25 | | provisions of subsection (ff). | 26 | | (k) An owner or operator of a community water supply has no |
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| 1 | | duty to include in the material inventory required under | 2 | | subsection (d) information about service lines that are | 3 | | physically disconnected from a water main in its distribution | 4 | | system. | 5 | | (l) When conducting engineering evaluations of community | 6 | | water supplies, the Agency may conduct a separate audit to | 7 | | identify progress that the community water supply has made | 8 | | toward completing the material inventory required under | 9 | | subsection (d). | 10 | | (m) The owner or operator of each community water supply | 11 | | shall post on its website a copy of the material inventory most | 12 | | recently approved by the Agency or shall request that the | 13 | | Agency post a copy of that material inventory on the Agency's | 14 | | website. | 15 | | (n) Nothing in this Section shall be construed to require | 16 | | service lines to be unearthed for the sole purpose of | 17 | | inventorying. | 18 | | (o) When an owner or operator of a community water supply | 19 | | awards a contract under this Act, it shall be the aspirational | 20 | | goal to use contractors and vendors owned by minority persons, | 21 | | women, and persons with a disability, as those terms are | 22 | | defined in Section 2 of the Business Enterprise for | 23 | | Minorities, Women, and Persons with Disabilities Act, for not | 24 | | less than 20% of the total contracts, provided that: (1) | 25 | | contracts representing at least 11% of the total annual | 26 | | premiums or fees shall be awarded to minority-owned businesses |
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| 1 | | as defined in Section 2 of the Business Enterprise for | 2 | | Minorities, Women, and Persons with Disabilities Act; (2) | 3 | | contracts representing at least 7% of the total annual | 4 | | premiums or fees shall be awarded to woman-owned businesses; | 5 | | and (3) contracts representing at least 2% of the total annual | 6 | | premiums or fees shall be awarded to businesses owned by | 7 | | persons with a disability. | 8 | | Owners or operators of a community water supply are | 9 | | encouraged to divide projects, whenever economically feasible, | 10 | | into contracts of smaller size that ensure small business | 11 | | contractors or vendors shall have the ability to qualify in | 12 | | the applicable bidding process, when determining the ability | 13 | | to deliver on a given contract based on scope and size, as a | 14 | | responsible and responsive bidder. | 15 | | When a contractor or vendor submits a bid or letter of | 16 | | intent in response to a request for proposal or other bid | 17 | | submission, the contractor or vendor shall include with its | 18 | | responsive documents a utilization plan that shall address how | 19 | | compliance with applicable aspirational goals set forth in | 20 | | this subsection shall be addressed. | 21 | | The owner or operator of a community water supply must | 22 | | demonstrate how the community water supply will ensure that | 23 | | program implementation contractors and vendors will meet | 24 | | multiple workforce equity building criteria, including, but | 25 | | not limited to, ensuring that an amount of program portfolio | 26 | | incentive funding proportional to the population of persons |
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| 1 | | who are black, indigenous, or persons of color within each | 2 | | county in which the owner or operator of a community water | 3 | | supply is located, to be updated every 2 years, is | 4 | | administered and installed by vendors who meet one of the | 5 | | following criteria: | 6 | | (1) is a certified vendor under the Business | 7 | | Enterprise for Minorities, Women, and Persons with | 8 | | Disabilities Act; | 9 | | (2) is certified by another municipal, State, federal, | 10 | | or other certificating entity for disadvantaged | 11 | | businesses; | 12 | | (3) the owner or operator submits an affidavit stating | 13 | | that the vendor meets the eligibility criteria for a | 14 | | certification program such as certification programs | 15 | | described in subparagraph (1) or (2); or | 16 | | (4) if the vendor is a nonprofit, the vendor meets any | 17 | | of the criteria in subparagraphs (1), (2), or (3) or is | 18 | | controlled by a board of directors of which at least 51% of | 19 | | its members are individuals who are minority persons, | 20 | | women, or persons with a disability, as those terms are | 21 | | defined in Section 2 of the Business Enterprise for | 22 | | Minorities, Women, and Persons with Disabilities Act. | 23 | | (p) An owner or operator of a community water supply shall | 24 | | collect data necessary to ensure compliance with subsection | 25 | | (o) no less than quarterly and shall communicate progress | 26 | | toward compliance with subsection (o) by submitting a report |
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| 1 | | to the Department. The report must include data on vendor and | 2 | | employee diversity, including data on the owner's or | 3 | | operator's implementation of subsection (o). | 4 | | (q) Every owner or operator of a community water supply | 5 | | that has known or suspected lead service lines shall: | 6 | | (1) create a plan to: | 7 | | (A) replace each lead service line connected to | 8 | | its distribution system; | 9 | | (B) replace each galvanized service line connected | 10 | | to its distribution system, if the galvanized service | 11 | | line is or was connected downstream to lead piping; | 12 | | (C) determine the materials of construction of | 13 | | suspected lead service lines and service lines of | 14 | | unknown materials; and | 15 | | (D) propose a time line for review and regular | 16 | | revision of the lead service line replacement plan; | 17 | | and | 18 | | (2) electronically submit, by April 15, 2023 its | 19 | | initial lead service line replacement plan to the Agency; | 20 | | (3) electronically submit by April 15 of each year | 21 | | after 2023 an updated lead service line replacement plan | 22 | | to the Agency; the updated replacement plan shall account | 23 | | for changes in the number of lead service lines or unknown | 24 | | service lines in the material inventory described in | 25 | | subsection (d); | 26 | | (4) electronically submit by April 15, 2027 a complete |
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| 1 | | and final replacement plan to the Agency for approval; the | 2 | | complete and final replacement plan shall account for all | 3 | | lead service lines documented in the final material | 4 | | inventory described under paragraph (3) of subsection (d); | 5 | | and | 6 | | (5) post on its website a copy of the plan most | 7 | | recently approved by the Agency or request that the Agency | 8 | | post a copy of that plan on the Agency's website. | 9 | | (r) Each plan required under paragraph (1) of subsection | 10 | | (q) shall include the following: | 11 | | (1) the name and identification number of the | 12 | | community water supply; | 13 | | (2) the total number of service lines connected to the | 14 | | distribution system of the community water supply; | 15 | | (3) the total number of suspected lead service lines | 16 | | connected to the distribution system of the community | 17 | | water supply; | 18 | | (4) the total number of known lead service lines | 19 | | connected to the distribution system of the community | 20 | | water supply; | 21 | | (5) the total number of lead service lines connected | 22 | | to the distribution system of the community water supply | 23 | | that have been replaced each year beginning in 2020; | 24 | | (6) a proposed lead service line replacement schedule | 25 | | that includes one-year, 5-year, 10-year, 15-year, 20-year, | 26 | | and 25-year goals, as applicable under the time lines |
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| 1 | | described under subsection (w); | 2 | | (7) the estimated total number of remaining years | 3 | | until all known lead service lines have been replaced or | 4 | | suspected lead service lines have been determined to be | 5 | | made of materials other than lead and the estimated year | 6 | | in which lead service line replacement will be complete; | 7 | | (8) an analysis of costs and financing options for | 8 | | replacing the lead service lines connected to the | 9 | | community water supply's distribution system, which shall | 10 | | include, but shall not be limited to: | 11 | | (A) a detailed accounting of costs associated with | 12 | | replacing lead service lines and galvanized lines that | 13 | | are or were connected downstream to lead piping; | 14 | | (B) measures to address affordability and prevent | 15 | | service shut-offs for customers or ratepayers; and | 16 | | (C) consideration of different scenarios for | 17 | | structuring payments between the utility and its | 18 | | customers over time; and | 19 | | (9) a feasibility and affordability plan that | 20 | | includes, but is not limited to, information on how the | 21 | | community water supply intends to fund or finance lead | 22 | | service line replacement costs; | 23 | | (10) a plan for prioritizing high-risk facilities, | 24 | | such as preschools, day care centers, day care homes, | 25 | | group day care homes, parks, playgrounds, hospitals, and | 26 | | clinics, as well as high-risk areas identified by the |
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| 1 | | community water supply; | 2 | | (11) a map of the areas where lead service lines are | 3 | | expected to be found and the sequence with which those | 4 | | areas will be inventoried and lead service lines replaced; | 5 | | (12) measures for how the community water supply will | 6 | | inform the public of the plan and provide opportunity for | 7 | | public comment; and | 8 | | (13) measures to encourage diversity in hiring in the | 9 | | workforce required to implement the plan. | 10 | | (s) The Agency shall review each plan submitted to it | 11 | | under subsection (r). The Agency shall approve a plan if the | 12 | | plan includes all of the elements set forth under subsection | 13 | | (r) and the Agency determines that: | 14 | | (1) the proposed lead service line replacement | 15 | | schedule set forth in the plan aligns with the timeline | 16 | | requirements set forth under subsection (w); | 17 | | (2) the plan prioritizes there placement of lead | 18 | | service lines that provide water service to high-risk | 19 | | facilities, such as preschools, day care centers, day care | 20 | | homes, group day care homes, parks, playgrounds, | 21 | | hospitals, and clinics, and high-risk areas identified by | 22 | | the community water supply; | 23 | | (3) the plan includes analysis of cost and financing | 24 | | options; and | 25 | | (4) the plan provides an opportunity for public | 26 | | review. |
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| 1 | | (t) An owner or operator of a community water supply has no | 2 | | duty to include in the plans required under subsection (r) | 3 | | information about service lines that are physically | 4 | | disconnected from a water main in its distribution system. | 5 | | (u) If a community water supply does not deliver a | 6 | | complete plan to the Agency by April 15, 2027, the community | 7 | | water supply may apply to the Agency for an extension. The | 8 | | Agency shall develop criteria for granting plan extensions. | 9 | | When considering requests for extension, the Agency shall, at | 10 | | a minimum, consider: | 11 | | (1) the number of service connections in a water | 12 | | supply; | 13 | | (2) the staff capacity and financial condition of the | 14 | | community; | 15 | | (3) the number of service lines of an unknown material | 16 | | composition; and | 17 | | (4) other criteria as determined by the Agency in | 18 | | consultation with the Lead Service Line Replacement | 19 | | Advisory Board created under subsection (y). | 20 | | (v) Notwithstanding any other provision of law, the | 21 | | corporate authorities of a municipality may impose a tax, fee, | 22 | | surcharge, charge, assessment, or other amount payable or | 23 | | imposed deemed necessary, by ordinance or resolution, to be | 24 | | used solely for costs incurred by the municipality associated | 25 | | with lead service line remediation. | 26 | | (w) Every owner or operator of a community water supply |
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| 1 | | shall replace all lead service lines, subject to the | 2 | | requirements of subsection (cc), according to the following | 3 | | replacement rates and timelines to be calculated from the date | 4 | | of submission of the final inventory and replacement plan to | 5 | | the Agency: | 6 | | (1) A community water supply reporting 249 or fewer | 7 | | lead service lines in its final inventory and replacement | 8 | | plan shall replace all lead service lines within 5 years | 9 | | after the date of filing the replacement plan, at an | 10 | | annual rate of no less than 20% of the amount described in | 11 | | the final inventory. | 12 | | (2) A community water supply reporting more than 249 | 13 | | but fewer than 1,200 lead service lines in its final | 14 | | inventory and replacement plan shall replace all lead | 15 | | service lines within 15 years after the date of filing the | 16 | | replacement plan, at an annual rate of no less than 10% of | 17 | | the amount described in the final inventory. | 18 | | (3) A community water supply reporting more than 1,199 | 19 | | but fewer than 10,000 lead service lines in its final | 20 | | inventory and replacement plan shall replace all lead | 21 | | service lines within 20 years after the date of filing the | 22 | | replacement plan, at an annual rate of no less than 6.7% of | 23 | | the amount described in the final inventory. | 24 | | (4) A community water supply reporting more than 9,999 | 25 | | but fewer than 50,000 lead service lines in its final | 26 | | inventory and replacement plan shall replace all lead |
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| 1 | | service lines within 25 years after the date of filing the | 2 | | replacement plan, at an annual rate of no less than 5% of | 3 | | the amount described in the final inventory. | 4 | | (5) A community water supply reporting more than | 5 | | 49,999 lead service lines in its final inventory and | 6 | | replacement plan shall replace all lead service lines | 7 | | within 30 years after the date of filing the replacement | 8 | | plan, at an annual replacement rate of no less than 4% of | 9 | | the amount described in the final inventory. | 10 | | (x) 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 (w). 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; | 18 | | (2) the staff capacity and financial condition of the | 19 | | community; | 20 | | (3) unusual circumstances creating hardship for a | 21 | | community; and | 22 | | (4) other criteria as determined by the Agency in | 23 | | consultation with the Lead Service Line Replacement | 24 | | Advisory Board created under subsection (y). | 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 | | (y) The Lead Service Line Replacement Advisory Board is | 2 | | created within the Agency. The Advisory Board shall convene | 3 | | within 120 days after the effective date of this amendatory | 4 | | Act of the 102nd General Assembly. | 5 | | The Advisory Board shall consist of at least 19 voting | 6 | | members, as follows: | 7 | | (1) the Director of the Agency, or his or her | 8 | | designee, who shall serve as chairperson; | 9 | | (2) the Director of Revenue, or his or her designee; | 10 | | (3) the Director of Public Health, or his or her | 11 | | designee; | 12 | | (4) sixteen members appointed by the Agency as | 13 | | follows: | 14 | | (A) one member representing a statewide | 15 | | organization representing municipalities; | 16 | | (B) one member representing a municipality with a | 17 | | population of 2,000,000 or more inhabitants, nominated | 18 | | by the mayor of the municipality; | 19 | | (C) one member representing a municipality with a | 20 | | population of less than 2,000,000 inhabitants located | 21 | | in northern Illinois, nominated by the mayor of the | 22 | | municipality; | 23 | | (D) one member representing a municipality with a | 24 | | population of less than 2,000,000 inhabitants located | 25 | | in southern Illinois, nominated by the mayor of the | 26 | | municipality; |
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| 1 | | (E) two members who are representatives from | 2 | | public health advocacy groups; | 3 | | (F) two members who are representatives from | 4 | | publicly-owned water utilities; | 5 | | (G) one member who is a representative from a | 6 | | public utility as defined under Section 3-105 of the | 7 | | Public Utilities Act that provides water service in | 8 | | the State of Illinois; | 9 | | (H) one member who is a research professional | 10 | | employed at an academic institution and specializing | 11 | | in water infrastructure research; | 12 | | (I) two members who are representatives from | 13 | | nonprofit civic organizations; | 14 | | (J) one member who is a representative from a | 15 | | statewide organization representing environmental | 16 | | organizations; | 17 | | (K) two members who are representatives from | 18 | | organized labor; and | 19 | | (L) one member representing an environmental | 20 | | justice organization. | 21 | | No less than 10 of the 19 voting members shall be persons | 22 | | of color, and no less than 3 shall represent communities | 23 | | defined or self-identified as environmental justice | 24 | | communities. | 25 | | Advisory Board members shall serve without compensation, | 26 | | but may be reimbursed for necessary expenses incurred in the |
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| 1 | | performance of their duties from funds appropriated for that | 2 | | purpose. The Agency shall provide administrative support to | 3 | | the Advisory Board. | 4 | | The Advisory Board shall meet no less than once every 6 | 5 | | months. | 6 | | (z) The Advisory Board shall have, at a minimum, the | 7 | | following duties: | 8 | | (1) establishing criteria for granting extensions for | 9 | | completion of the material inventory and final lead | 10 | | service line replacement plan, as described under | 11 | | subsections (d) and (r); | 12 | | (2) advising the Agency on best practices in lead | 13 | | service line replacement; | 14 | | (3) reviewing the performance of the Agency and | 15 | | community water supplies in their progress toward lead | 16 | | service line replacement goals; | 17 | | (4) advising the Agency on other matters related to | 18 | | the administration of the provisions of this Section; | 19 | | (5) advising the Agency on the integration of existing | 20 | | lead service line remediation or replacement plans with | 21 | | any statewide plan; and | 22 | | (6) providing technical support and practical | 23 | | expertise in general. | 24 | | (aa) Within 1 year after the effective date of this | 25 | | amendatory Act of the 102nd General Assembly, the Advisory | 26 | | Board shall deliver a report of its recommendations to the |
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| 1 | | Governor and the General Assembly concerning opportunities for | 2 | | dedicated, long-term revenue options for funding lead service | 3 | | line replacement. In submitting recommendations, the Advisory | 4 | | Board shall consider, at a minimum, the following: | 5 | | (1) the sufficiency of various revenue sources to | 6 | | adequately fund replacement of all lead service lines in | 7 | | Illinois; | 8 | | (2) the financial burden, if any, imposed by the fee | 9 | | on households falling below 150% of the federal poverty | 10 | | limit; | 11 | | (3) revenue options that guarantee low-income | 12 | | households are not protected from rate increases; | 13 | | (4) an assessment of the ability of community water | 14 | | supplies to assess and collect the fee; | 15 | | (5) variations in financial resources among individual | 16 | | households within a service area; and | 17 | | (6) the protection of low-income households from rate | 18 | | increases. | 19 | | (bb) Within 10 years after the effective date of this | 20 | | amendatory Act of the 102nd General Assembly, the Advisory | 21 | | Board shall prepare and deliver a report to the Governor and | 22 | | General Assembly concerning the status of all lead service | 23 | | line remediation sites within the State. | 24 | | (cc) When replacing a lead service line, the owner or | 25 | | operator of the community water supply shall replace the | 26 | | service line in its entirety, including, but not limited to, |
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| 1 | | any portion of the service line (i) running on private | 2 | | property and (ii) within the building's plumbing at the first | 3 | | shut-off valve. Partial lead service line replacements are | 4 | | expressly prohibited. Exceptions shall be made under the | 5 | | following circumstances: | 6 | | (1) In the event of an emergency repair that affects a | 7 | | lead service line or a suspected lead service line, a | 8 | | community water supply must contact the building owner to | 9 | | begin the process of replacing the entire service line. If | 10 | | the building owner is not able to be contacted or the | 11 | | building owner or occupant refuses to grant access and | 12 | | permission to replace the entire service line at the time | 13 | | of the emergency repair, then the community water supply | 14 | | may perform a partial lead service line replacement. Where | 15 | | an emergency repair on a service line constructed of lead | 16 | | or galvanized steel pipe results in a partial service line | 17 | | replacement, the water supply responsible for commencing | 18 | | the repair shall perform the following: | 19 | | (A) Notify the building's owner or operator and | 20 | | the resident or residents served by the lead service | 21 | | line in writing that a repair has been completed. The | 22 | | notification shall include, at a minimum: | 23 | | (i) a warning that the work may result in | 24 | | sediment, possibly containing lead, in the | 25 | | buildings water supply system; | 26 | | (ii) information concerning practices for |
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| 1 | | preventing the consumption of any lead in drinking | 2 | | water, including a recommendation to flush water | 3 | | distribution pipe during and after the completion | 4 | | of the repair or replacement work and to clean | 5 | | faucet aerator screens; and | 6 | | (iii) information regarding the dangers of | 7 | | lead to young children and pregnant women. | 8 | | (B) Provide filters for at least one fixture | 9 | | supplying potable water for consumption. The filter | 10 | | must be compliant with NSF/ANSI Standards 53 and 42. | 11 | | The filter must be provided until such time that the | 12 | | remaining portions of the service line have been | 13 | | replaced with a material approved by the Department or | 14 | | a waiver has been issued under subsection (ee). | 15 | | (C) Replace the remaining portion of the lead | 16 | | service line within 30 days of the repair, or 120 days | 17 | | in the event of weather or other circumstances beyond | 18 | | reasonable control that prohibits construction. If a | 19 | | complete lead service line replacement cannot be made | 20 | | within the required 30 day period, the person | 21 | | responsible for commencing the repair shall notify the | 22 | | Department in writing, at a minimum, of the following | 23 | | within 24 hours of the repair: | 24 | | (i) an explanation of why it is not feasible | 25 | | to replace the remaining portion of the lead | 26 | | service line within the allotted time; and |
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| 1 | | (ii) a timeline for when the remaining portion | 2 | | of the lead service line will be replaced. | 3 | | (D) If complete repair of a lead service line | 4 | | cannot be completed within 30 days due to denial by the | 5 | | property owner, the person commencing the repair shall | 6 | | request the affected property owner to sign a waiver | 7 | | developed by the Department. If a property owner of a | 8 | | nonresidential building or residence operating as | 9 | | rental properties denies a complete lead service line | 10 | | replacement, the property owner shall be responsible | 11 | | for installing and maintaining point-of-use filters | 12 | | compliant with NSF/ANSI Standards 53 and 42 at all | 13 | | fixtures intended to supply water for the purposes of | 14 | | drinking, food preparation, or making baby formula. | 15 | | The filters shall continue to be supplied until such | 16 | | time that the property owner has affected the | 17 | | remaining portions of the lead service line to be | 18 | | replaced. | 19 | | (E) Document any remaining lead service line, | 20 | | including a portion on the private side of the | 21 | | property, in the community water supply's distribution | 22 | | system materials inventory required under subsection | 23 | | (d). | 24 | | For the purposes of this paragraph (1), written notice | 25 | | shall be provided in the method and according to the | 26 | | provisions of subsection (ff). |
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| 1 | | (2) Lead service lines that are physically | 2 | | disconnected from the distribution system are exempt from | 3 | | this subsection. | 4 | | (dd) On and after January 1, 2022, when the owner or | 5 | | operator of a community water supply replaces a water main, | 6 | | the community water supply shall identify all lead service | 7 | | lines connected to the water main and shall replace, in | 8 | | accordance with its lead service line replacement plan, the | 9 | | lead service lines by: | 10 | | (1) identifying the material or materials of each lead | 11 | | service line connected to the water main, including, but | 12 | | not limited to, any portion of the service line (i) | 13 | | running on private property and (ii) within the building | 14 | | plumbing at the first shut-off valve or 18 inches inside | 15 | | the building, whichever is shorter; | 16 | | (2) in conjunction with replacement of the water main, | 17 | | replacing any and all portions of each lead service line | 18 | | connected to the water main that are composed of lead; and | 19 | | (3) if a customer refuses to grant access to the | 20 | | property, following prescribed notice provisions as | 21 | | outlined in subsection (ee). | 22 | | If an owner of a potentially affected building intends to | 23 | | replace a portion of a lead service line or a galvanized | 24 | | service line and the galvanized service line is or was | 25 | | connected downstream to lead piping, then the owner of the | 26 | | potentially affected building shall provide the owner or |
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| 1 | | operator of the community water supply with notice at least 45 | 2 | | days before commencing the work. In the case of an emergency | 3 | | repair, the owner of the potentially affected building must | 4 | | provide filters for each kitchen area that are certified to | 5 | | meet the requirements of NSF/ANSI Standards 42 and 53. If the | 6 | | owner of the potentially affected building notifies the owner | 7 | | or operator of the community water supply of a portion of the | 8 | | lead service line after the emergency repair is completed, | 9 | | then the owner or operator of the community water supply shall | 10 | | replace the remainder of the lead service line within 30 days | 11 | | after completion of the emergency repair. A community water | 12 | | supply may take up to 120 days if necessary due to weather | 13 | | conditions. If a replacement takes longer than 30 days, | 14 | | filters provided by the owner of the potentially affected | 15 | | building must be replaced in accordance with the | 16 | | manufacturer's recommendations. Partial lead service line | 17 | | replacements by the owners of potentially affected buildings | 18 | | are otherwise prohibited. | 19 | | (ee) At least one month before conducting planned lead | 20 | | service line replacement, the owner or operator of a community | 21 | | water supply shall, by certified mail, attempt to contact the | 22 | | owner of the potentially affected building serviced by the | 23 | | lead service line to request access to the building and | 24 | | permission to replace the lead service line in accordance with | 25 | | the lead service line replacement plan. If the owner of the | 26 | | potentially affected building does not respond to the request |
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| 1 | | within 2 weeks after the request is sent, the owner or operator | 2 | | of the community water supply shall attempt to post the | 3 | | request on the entrance of the potentially affected building. | 4 | | If the owner or operator of a community water supply is | 5 | | unable to obtain approval to access and replace a lead service | 6 | | line, the owner or operator of the community water supply | 7 | | shall request that the owner of the potentially affected | 8 | | building sign a waiver. The waiver shall be developed by the | 9 | | Department and should be made available in the owner's | 10 | | language. If the owner of the potentially affected building | 11 | | refuses to sign the waiver or fails to respond to the community | 12 | | water supply after the community water supply has complied | 13 | | with this subsection, then the community water supply shall | 14 | | notify the Department in writing within 15 working days. | 15 | | (ff) When replacing a lead service line or repairing or | 16 | | replacing water mains with lead service lines or partial lead | 17 | | service lines attached to them, the owner or operator of a | 18 | | community water supply shall provide the owner of each | 19 | | potentially affected building that is serviced by the affected | 20 | | lead service lines or partial lead service lines, as well as | 21 | | the occupants of those buildings, with an individual written | 22 | | notice. The notice shall be delivered by mail or posted at the | 23 | | primary entranceway of the building. The notice may, in | 24 | | addition, be electronically mailed. Written notice shall | 25 | | include, at a minimum, the following: | 26 | | (1) a warning that the work may result in sediment, |
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| 1 | | possibly containing lead from the service line, in the | 2 | | building's water; | 3 | | (2) information concerning the best practices for | 4 | | preventing exposure to or risk of consumption of lead in | 5 | | drinking water, including a recommendation to flush water | 6 | | lines during and after the completion of the repair or | 7 | | replacement work and to clean faucet aerator screens; and | 8 | | (3) information regarding the dangers of lead exposure | 9 | | to young children and pregnant women. | 10 | | When the individual written notice described in the first | 11 | | paragraph of this subsection is required as a result of | 12 | | planned work other than the repair or replacement of a water | 13 | | meter, the owner or operator of the community water supply | 14 | | shall provide the notice not less than 14 days before work | 15 | | begins. When the individual written notice described in the | 16 | | first paragraph of this subsection is required as a result of | 17 | | emergency repairs other than the repair or replacement of a | 18 | | water meter, the owner or operator of the community water | 19 | | supply shall provide the notice at the time the work is | 20 | | initiated. When the individual written notice described in the | 21 | | first paragraph of this subsection is required as a result of | 22 | | the repair or replacement of a water meter, the owner or | 23 | | operator of the community water supply shall provide the | 24 | | notice at the time the work is initiated. | 25 | | If a community water supply serves a significant | 26 | | proportion of non-English speaking consumers, the |
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| 1 | | notifications required under this subsection must contain | 2 | | information in the appropriate language regarding the | 3 | | importance of the notice and a telephone number or address | 4 | | where a person may contact the owner or operator of the | 5 | | community water supply to obtain a translated copy of the | 6 | | notification or request assistance in the appropriate | 7 | | language. | 8 | | An owner or operator of a community water supply that is | 9 | | required under this subsection to provide an individual | 10 | | written notice to the owner and occupant of a potentially | 11 | | affected building that is a multi-dwelling building may | 12 | | satisfy that requirement and the requirements of this | 13 | | subsection regarding notification to non-English speaking | 14 | | customers by posting the required notice on the primary | 15 | | entranceway of the building and at the location where the | 16 | | occupant's mail is delivered as reasonably as possible. | 17 | | When this subsection would require the owner or operator | 18 | | of a community water supply to provide an individual written | 19 | | notice to the entire community served by the community water | 20 | | supply or would require the owner or operator of a community | 21 | | water supply to provide individual written notices as a result | 22 | | of emergency repairs or when the community water supply that | 23 | | is required to comply with this subsection is a small system, | 24 | | the owner or operator of the community water supply may | 25 | | provide the required notice through local media outlets, | 26 | | social media, or other similar means in lieu of providing the |
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| 1 | | individual written notices otherwise required under this | 2 | | subsection. | 3 | | No notifications are required under this subsection for | 4 | | work performed on water mains that are used to transmit | 5 | | treated water between community water supplies and that have | 6 | | no service connections. | 7 | | (gg) The owner or operator of each community water supply | 8 | | shall include the following information in the annual consumer | 9 | | confidence report required under the United States | 10 | | Environmental Protection Agency's National Primary Drinking | 11 | | Water Regulations: | 12 | | (1) an estimate of the number of known or suspected | 13 | | lead service lines connected to its distribution system; | 14 | | and | 15 | | (2) a statement describing progress that has been made | 16 | | toward replacing lead service lines connected to its | 17 | | distribution system. | 18 | | (hh) No community water supply that sells water to any | 19 | | wholesale or retail consecutive community water supply may | 20 | | pass on any costs associated with compliance with this Section | 21 | | to consecutive systems. | 22 | | (ii) Authority is hereby vested in the Illinois Pollution | 23 | | Control Board to conduct hearings to review final actions of | 24 | | the Agency under this Section. | 25 | | (jj) To the extent allowed by law, when a community water | 26 | | supply enters into an agreement with a private contractor for |
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| 1 | | replacement or installation of water service lines, the | 2 | | community water supply shall be held harmless for damage to | 3 | | property when replacing or installing water service lines. If | 4 | | dangers are encountered that prevent the replacement of the | 5 | | lead service line, the community water supply shall notify the | 6 | | Department within 15 working days of why the replacement of | 7 | | the lead service line could not be accomplished. | 8 | | (kk) The Agency may propose to the Board, and the Board may | 9 | | adopt, any rules necessary to implement and administer this | 10 | | Section. The Department may adopt rules necessary to address | 11 | | lead service lines attached to noncommunity water supplies. | 12 | | (ll) Notwithstanding any other provision in this Section, | 13 | | no requirement in this Section shall be construed as being | 14 | | less stringent than existing applicable federal requirements. | 15 | | (mm) All lead service line replacements financed in whole | 16 | | or in part with funds obtained under this Section shall be | 17 | | considered public works for purposes of the Prevailing Wage | 18 | | Act. | 19 | | (415 ILCS 5/17.11 rep.) | 20 | | Section 15. The Environmental Protection Act is amended by | 21 | | repealing Section 17.11.".
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