SB1168sam001 102ND GENERAL ASSEMBLY

Sen. Melinda Bush

Filed: 4/9/2021

10200SB1168sam001 LRB102 04981 CPF 25014 a

AMENDMENT TO SENATE BILL 1168

AMENDMENT NO. ______. Amend Senate Bill 1168 by replacing everything after the enacting clause with the following:

"Section 1. This Act may be referred to as the Lead Service Line Replacement and Notification Act.

Section 5. The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended by adding Section 605-870 as follows:

(20 ILCS 605/605-870 new)

Sec. 605-870. Low-income water assistance policy and program.

(a) The Department shall by rule establish a comprehensive low-income water assistance policy and program that incorporates financial assistance and includes, but is not limited to, water efficiency or water quality projects, such as lead service line replacement, or other measures to ensure that residents have access to affordable and clean water. The policy and program shall not jeopardize the ability of public utilities, community water supplies,or other entities to receive just compensation for providing services. The resources applied in achieving the policy and program shall be coordinated and efficiently used through the integration of public programs and through the targeting of assistance. The rule or rules shall be adopted within 180 days after receiving an appropriation for the program.

(b) Any person who is a resident of the State and whose household income is not greater than an amount determined annually by the Department may apply for assistance under this Section in accordance with rules adopted by the Department. In setting the annual eligibility level, the Department shall consider the amount of available funding and may not set a limit higher than 150% of the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2).

(c) Applicants who qualify for assistance under subsection (b) shall, subject to appropriation from the General Assembly and availability of funds by the Department, receive assistance as provided under this Section. The Department, upon receipt of moneys authorized under this Section for assistance, shall commit funds for each qualified applicant in an amount determined by the Department. In determining the amounts of assistance to be provided to or on behalf of a qualified applicant the Department shall ensure that the highest amounts of assistance go to households with the greatest water costs in relation to household income. The Department may consider factors such as water costs, household size,household income, and region of the State when determining individual household benefits. In adopting rules for the administration of this Section, the Department shall ensure that a minimum of one-third of the funds for the program are available for benefits to eligible households with the lowest incomes and that elderly households, households with persons with disabilities, and households with children under 6 years of age are offered a priority application period.

(d) Application materials for the program shall be made available in multiple languages.

Section 10. The Environmental Protection Act is amended by adding Section 17.12 as follows:

(415 ILCS 5/17.12 new)

Sec. 17.12. Lead service line replacement and notification.

(a) The purpose of this Act is to: (1) require the owners and operators of community water supplies to develop, implement, and maintain a comprehensive water service line material inventory and a comprehensive lead service line replacement plan, provide notice to occupants of potentially affected buildings before any construction or repair work on water mains or lead service lines, and request access to potentially affected buildings before replacing lead service lines; and (2) prohibit partial lead service line replacements.

(b) The General Assembly finds and declares that:

(1) There is no safe level of exposure to heavy metal lead, as found by the United States Environmental Protection Agency and the Center for Disease Control.

(2) Lead-based plumbing, including service lines, can convey this harmful substance to the drinking water supply.

(3) According to the Illinois Environmental Protection Agency's 2018 Service Line Material Inventory, the State of Illinois is estimated to have over 680,000 lead-based service lines still in operation.

(4) The true number of lead service lines is not fully known because Illinois lacks an adequate inventory of lead service lines.

(5) For the general health, safety and welfare of its residents, all lead service lines in Illinois should be disconnected from the drinking water supply, and the State's drinking water supply.

(c) In this Section:

"Advisory Board" means the Lead Service Line Replacement Advisory Board created under subsection (y).

"Community water supply" has the meaning ascribed to it in Section 3.145 of this Act.

"Department" means the Department of Public Health.

"Emergency repair" means any unscheduled water main, water service, or water valve repair or replacement that results from failure or accident.

"Lead service line" means a service line made of lead or service line connected to a lead pigtail, lead gooseneck, or other lead fitting.

"Low income community" means any population census tract where the median income does not exceed 80% of the area median income, adjusted for family size and revised every 2 years.

"Material inventory" means a water service line material inventory developed by a community water supply pursuant to this Act.

"Noncommunity water supply" has the meaning ascribed to it in Section 3.145 of the Environmental Protection Act.

"NSF/ANSI Standard" means a water treatment standard developed by NSF International.

"Owner or operator of a public water supply" means any of the following entities:

(1) a public utility that regularly provides water and is under the jurisdiction of the Illinois Commerce Commission;

(2) a water district, including, but not limited to, a public water district, water service district, or surface water protection district established as a special district under the laws of this State, that regularly provides water or sewer service;

(3) a waterworks system established under the Township Code that regularly provides water service;

(4) a water system owned by a municipality that regularly provides water service; and

(5) any other entity that is not a public utility that regularly provides water service.

"Partial lead service line replacement" means replacement of only a portion of a lead service line.

"Potentially affected building" means any building that is provided water service through a service line that is either a lead service line or a suspected lead service line.

"Public water supply" has the meaning ascribed to it in Section 3.365 of this Act.

"Service line" means the piping, tubing, and necessary appurtenances acting as a conduit from the water main or source of potable water supply to the building plumbing at the first shut-off valve or 18 inches inside the building, whichever is shorter.

"Suspected lead service line" means a line that a community water supply finds more likely than not to be made of lead after completing the requirements under paragraphs (2) through (5) of subsection (h).

"Small system" means a community water supply that regularly serves water to 3,300 or fewer persons.

(d) An owner or operator of a community water supply shall:

(1) develop an initial material inventory and submit the material inventory electronically to the Agency by April 15, 2022;

(2) update its material inventory and submit the updated material inventory electronically to the Agency by April 15, 2023; and

(3) deliver a complete material inventory to the Agency no later than April 15, 2024, or such time as required by federal law, whichever is sooner. The complete inventory shall report the composition of all service lines in the community water supply's distribution system.

(e) The Agency shall review each material inventory submitted to it under subsection (d). If the Agency determines that a community water supply is making substantial progress toward characterizing the materials of all service lines connected to its distribution system, with a priority on identifying all lead service lines connected to its distribution system, then the Agency shall approve the material inventory.

(f) If a community water supply does not deliver a complete inventory to the Agency by April 15, 2024 pursuant to paragraph (3) of subsection (d), the community water supply may apply for an extension to the Agency. The Agency shall develop criteria for granting material inventory extensions. When considering requests for extension, the Agency shall, at a minimum, consider:

(1) the number of service connections in a water supply;

(2) the staff capacity and financial condition of the community;

(3) the number of service lines of an unknown material composition; and

(4) other criteria as determined by the Agency in consultation with the Lead Service Line Replacement Advisory Board created under subsection (y).

This subsection (f) shall be null and void if it conflicts with federal lead service line replacement inventory requirements.

(g) A material inventory prepared for a community water supply under subsection (d) shall identify:

(1) the total number of service lines connected to the community water supply's distribution system;

(2) the materials of construction of each service line connected to the community water supply's distribution system;

(3) the number of suspected lead service lines that were newly identified in the material inventory for the community water supply after the community water supply last submitted a service line inventory to the Agency; and

(4) the number of suspected or known lead service lines that were replaced after the community water supply last submitted a service line inventory to the Agency, and the material of the service line that replaced each lead service line.

When identifying the materials of construction under paragraph (2) of this subsection, the owner or operator of the community water supply shall identify the type of construction material used on the customer's side of the curb box, meter, or other line of demarcation and the community water supply's side of the curb box, meter, or other line of demarcation.

(h) In completing a material inventory under subsection (d), the owner or operator of a community water supply shall:

(1) prioritize inspections of high-risk areas identified by the community water supply and inspections of high-risk facilities, such as preschools, day care centers, day care homes, group day care homes, parks, playgrounds, hospitals, and clinics, and confirm service line materials in those areas and at those facilities;

(2) review historical documentation, such as construction logs or cards, as-built drawings, purchase orders, and subdivision plans, to determine service line material construction;

(3) when conducting distribution system maintenance, visually inspect service lines and document materials of construction;

(4) identify any time period when the service lines being connected to its distribution system were primarily lead service lines, if such a time period is known or suspected; and

(5) discuss service line repair and installation with its employees, contractors, plumbers, other workers who worked on service lines connected to its distribution system, or all of the above.

(i) The owner or operator of each community water supply shall maintain records of persons who refuse to grant access to the interior of a building for purposes of identifying the materials of construction of a service line. If a community water supply has been denied access to the interior of a building for that reason, then the community water supply may identify the service line as a suspected lead service line.

(j) If a community water supply identifies a lead service line connected to a building, the owner or operator of the community water supply shall notify the owner of the building and all occupants of the building of the existence of the lead service line within 15 days after identifying the lead service line, or as soon as is reasonably possible thereafter. Individual written notice shall be given according to the provisions of subsection (ff).

(k) An owner or operator of a community water supply has no duty to include in the material inventory required under subsection (d) information about service lines that are physically disconnected from a water main in its distribution system.

(l) When conducting engineering evaluations of community water supplies, the Agency may conduct a separate audit to identify progress that the community water supply has made toward completing the material inventory required under subsection (d).

(m) The owner or operator of each community water supply shall post on its website a copy of the material inventory most recently approved by the Agency or shall request that the Agency post a copy of that material inventory on the Agency's website.

(n) Nothing in this Section shall be construed to require service lines to be unearthed for the sole purpose of inventorying.

(o) When an owner or operator of a community water supply awards a contract under this Act, it shall be the aspirational goal to use contractors and vendors owned by minority persons, women, and persons with a disability, as those terms are defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, for not less than 20% of the total contracts, provided that: (1) contracts representing at least 11% of the total annual premiums or fees shall be awarded to minority-owned businesses as defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act; (2) contracts representing at least 7% of the total annual premiums or fees shall be awarded to woman-owned businesses; and (3) contracts representing at least 2% of the total annual premiums or fees shall be awarded to businesses owned by persons with a disability.

Owners or operators of a community water supply are encouraged to divide projects, whenever economically feasible, into contracts of smaller size that ensure small business contractors or vendors shall have the ability to qualify in the applicable bidding process, when determining the ability to deliver on a given contract based on scope and size, as a responsible and responsive bidder.

When a contractor or vendor submits a bid or letter of intent in response to a request for proposal or other bid submission, the contractor or vendor shall include with its responsive documents a utilization plan that shall address how compliance with applicable aspirational goals set forth in this subsection shall be addressed.

The owner or operator of a community water supply must demonstrate how the community water supply will ensure that program implementation contractors and vendors will meet multiple workforce equity building criteria, including, but not limited to, ensuring that an amount of program portfolio incentive funding proportional to the population of persons who are black, indigenous, or persons of color within each county in which the owner or operator of a community water supply is located, to be updated every 2 years, is administered and installed by vendors who meet one of the following criteria:

(1) is a certified vendor under the Business Enterprise for Minorities, Women, and Persons with Disabilities Act;

(2) is certified by another municipal, State, federal, or other certificating entity for disadvantaged businesses;

(3) the owner or operator submits an affidavit stating that the vendor meets the eligibility criteria for a certification program such as certification programs described in subparagraph (1) or (2); or

(4) if the vendor is a nonprofit, the vendor meets any of the criteria in subparagraphs (1), (2), or (3) or is controlled by a board of directors of which at least 51% of its members are individuals who are minority persons, women, or persons with a disability, as those terms are defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

(p) An owner or operator of a community water supply shall collect data necessary to ensure compliance with subsection (o) no less than quarterly and shall communicate progress toward compliance with subsection (o) by submitting a report to the Department. The report must include data on vendor and employee diversity, including data on the owner's or operator's implementation of subsection (o).

(q) Every owner or operator of a community water supply that has known or suspected lead service lines shall:

(1) create a plan to:

(A) replace each lead service line connected to its distribution system;

(B) replace each galvanized service line connected to its distribution system, if the galvanized service line is or was connected downstream to lead piping;

(C) determine the materials of construction of suspected lead service lines and service lines of unknown materials; and

(D) propose a time line for review and regular revision of the lead service line replacement plan; and

(2) electronically submit, by April 15, 2023 its initial lead service line replacement plan to the Agency;

(3) electronically submit by April 15 of each year after 2023 an updated lead service line replacement plan to the Agency; the updated replacement plan shall account for changes in the number of lead service lines or unknown service lines in the material inventory described in subsection (d);

(4) electronically submit by April 15, 2027 a complete and final replacement plan to the Agency for approval; the complete and final replacement plan shall account for all lead service lines documented in the final material inventory described under paragraph (3) of subsection (d); and

(5) post on its website a copy of the plan most recently approved by the Agency or request that the Agency post a copy of that plan on the Agency's website.

(r) Each plan required under paragraph (1) of subsection (q) shall include the following:

(1) the name and identification number of the community water supply;

(2) the total number of service lines connected to the distribution system of the community water supply;

(3) the total number of suspected lead service lines connected to the distribution system of the community water supply;

(4) the total number of known lead service lines connected to the distribution system of the community water supply;

(5) the total number of lead service lines connected to the distribution system of the community water supply that have been replaced each year beginning in 2020;

(6) a proposed lead service line replacement schedule that includes one-year, 5-year, 10-year, 15-year, 20-year, and 25-year goals, as applicable under the time lines described under subsection (w);

(7) the estimated total number of remaining years until all known lead service lines have been replaced or suspected lead service lines have been determined to be made of materials other than lead and the estimated year in which lead service line replacement will be complete;

(8) an analysis of costs and financing options for replacing the lead service lines connected to the community water supply's distribution system, which shall include, but shall not be limited to:

(A) a detailed accounting of costs associated with replacing lead service lines and galvanized lines that are or were connected downstream to lead piping;

(B) measures to address affordability and prevent service shut-offs for customers or ratepayers; and

(C) consideration of different scenarios for structuring payments between the utility and its customers over time; and

(9) a feasibility and affordability plan that includes, but is not limited to, information on how the community water supply intends to fund or finance lead service line replacement costs;

(10) a plan for prioritizing high-risk facilities, such as preschools, day care centers, day care homes, group day care homes, parks, playgrounds, hospitals, and clinics, as well as high-risk areas identified by the community water supply;

(11) a map of the areas where lead service lines are expected to be found and the sequence with which those areas will be inventoried and lead service lines replaced;

(12) measures for how the community water supply will inform the public of the plan and provide opportunity for public comment; and

(13) measures to encourage diversity in hiring in the workforce required to implement the plan.

(s) The Agency shall review each plan submitted to it under subsection (r). The Agency shall approve a plan if the plan includes all of the elements set forth under subsection (r) and the Agency determines that:

(1) the proposed lead service line replacement schedule set forth in the plan aligns with the timeline requirements set forth under subsection (w);

(2) the plan prioritizes there placement of lead service lines that provide water service to high-risk facilities, such as preschools, day care centers, day care homes, group day care homes, parks, playgrounds, hospitals, and clinics, and high-risk areas identified by the community water supply;

(3) the plan includes analysis of cost and financing options; and

(4) the plan provides an opportunity for public review.

(t) An owner or operator of a community water supply has no duty to include in the plans required under subsection (r) information about service lines that are physically disconnected from a water main in its distribution system.

(u) If a community water supply does not deliver a complete plan to the Agency by April 15, 2027, the community water supply may apply to the Agency for an extension. The Agency shall develop criteria for granting plan extensions. When considering requests for extension, the Agency shall, at a minimum, consider:

(1) the number of service connections in a water supply;

(2) the staff capacity and financial condition of the community;

(3) the number of service lines of an unknown material composition; and

(4) other criteria as determined by the Agency in consultation with the Lead Service Line Replacement Advisory Board created under subsection (y).

(v) Notwithstanding any other provision of law, the corporate authorities of a municipality may impose a tax, fee, surcharge, charge, assessment, or other amount payable or imposed deemed necessary, by ordinance or resolution, to be used solely for costs incurred by the municipality associated with lead service line remediation.

(w) Every owner or operator of a community water supply shall replace all lead service lines, subject to the requirements of subsection (cc), according to the following replacement rates and timelines to be calculated from the date of submission of the final inventory and replacement plan to the Agency:

(1) A community water supply reporting 249 or fewer lead service lines in its final inventory and replacement plan shall replace all lead service lines within 5 years after the date of filing the replacement plan, at an annual rate of no less than 20% of the amount described in the final inventory.

(2) A community water supply reporting more than 249 but fewer than 1,200 lead service lines in its final inventory and replacement plan shall replace all lead service lines within 15 years after the date of filing the replacement plan, at an annual rate of no less than 10% of the amount described in the final inventory.

(3) A community water supply reporting more than 1,199 but fewer than 10,000 lead service lines in its final inventory and replacement plan shall replace all lead service lines within 20 years after the date of filing the replacement plan, at an annual rate of no less than 6.7% of the amount described in the final inventory.

(4) A community water supply reporting more than 9,999 but fewer than 50,000 lead service lines in its final inventory and replacement plan shall replace all lead service lines within 25 years after the date of filing the replacement plan, at an annual rate of no less than 5% of the amount described in the final inventory.

(5) A community water supply reporting more than 49,999 lead service lines in its final inventory and replacement plan shall replace all lead service lines within 30 years after the date of filing the replacement plan, at an annual replacement rate of no less than 4% of the amount described in the final inventory.

(x) A community water supply may apply to the Agency for an extension to the replacement timelines described in paragraphs (1) through (5) of subsection (w). The Agency shall develop criteria for granting replacement timeline extensions. When considering requests for timeline extensions, the Agency shall, at a minimum, consider:

(1) the number of service connections in a water supply;

(2) the staff capacity and financial condition of the community;

(3) unusual circumstances creating hardship for a community; and

(4) other criteria as determined by the Agency in consultation with the Lead Service Line Replacement Advisory Board created under subsection (y).

Replacement rates and timelines shall be calculated from the date of submission of the final plan to the Agency.

(y) The Lead Service Line Replacement Advisory Board is created within the Agency. The Advisory Board shall convene within 120 days after the effective date of this amendatory Act of the 102nd General Assembly.

The Advisory Board shall consist of at least 19 voting members, as follows:

(1) the Director of the Agency, or his or her designee, who shall serve as chairperson;

(2) the Director of Revenue, or his or her designee;

(3) the Director of Public Health, or his or her designee;

(4) sixteen members appointed by the Agency as follows:

(A) one member representing a statewide organization representing municipalities;

(B) one member representing a municipality with a population of 2,000,000 or more inhabitants, nominated by the mayor of the municipality;

(C) one member representing a municipality with a population of less than 2,000,000 inhabitants located in northern Illinois, nominated by the mayor of the municipality;

(D) one member representing a municipality with a population of less than 2,000,000 inhabitants located in southern Illinois, nominated by the mayor of the municipality;

(E) two members who are representatives from public health advocacy groups;

(F) two members who are representatives from publicly-owned water utilities;

(G) one member who is a representative from a public utility as defined under Section 3-105 of the Public Utilities Act that provides water service in the State of Illinois;

(H) one member who is a research professional employed at an academic institution and specializing in water infrastructure research;

(I) two members who are representatives from nonprofit civic organizations;

(J) one member who is a representative from a statewide organization representing environmental organizations;

(K) two members who are representatives from organized labor; and

(L) one member representing an environmental justice organization.

No less than 10 of the 19 voting members shall be persons of color, and no less than 3 shall represent communities defined or self-identified as environmental justice communities.

Advisory Board members shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties from funds appropriated for that purpose. The Agency shall provide administrative support to the Advisory Board.

The Advisory Board shall meet no less than once every 6 months.

(z) The Advisory Board shall have, at a minimum, the following duties:

(1) establishing criteria for granting extensions for completion of the material inventory and final lead service line replacement plan, as described under subsections (d) and (r);

(2) advising the Agency on best practices in lead service line replacement;

(3) reviewing the performance of the Agency and community water supplies in their progress toward lead service line replacement goals;

(4) advising the Agency on other matters related to the administration of the provisions of this Section;

(5) advising the Agency on the integration of existing lead service line remediation or replacement plans with any statewide plan; and

(6) providing technical support and practical expertise in general.

(aa) Within 1 year after the effective date of this amendatory Act of the 102nd General Assembly, the Advisory Board shall deliver a report of its recommendations to the Governor and the General Assembly concerning opportunities for dedicated, long-term revenue options for funding lead service line replacement. In submitting recommendations, the Advisory Board shall consider, at a minimum, the following:

(1) the sufficiency of various revenue sources to adequately fund replacement of all lead service lines in Illinois;

(2) the financial burden, if any, imposed by the fee on households falling below 150% of the federal poverty limit;

(3) revenue options that guarantee low-income households are not protected from rate increases;

(4) an assessment of the ability of community water supplies to assess and collect the fee;

(5) variations in financial resources among individual households within a service area; and

(6) the protection of low-income households from rate increases.

(bb) Within 10 years after the effective date of this amendatory Act of the 102nd General Assembly, the Advisory Board shall prepare and deliver a report to the Governor and General Assembly concerning the status of all lead service line remediation sites within the State.

(cc) When replacing a lead service line, the owner or operator of the community water supply shall replace the service line in its entirety, including, but not limited to, any portion of the service line (i) running on private property and (ii) within the building's plumbing at the first shut-off valve. Partial lead service line replacements are expressly prohibited. Exceptions shall be made under the following circumstances:

(1) In the event of an emergency repair that affects a lead service line or a suspected lead service line, a community water supply must contact the building owner to begin the process of replacing the entire service line. If the building owner is not able to be contacted or the building owner or occupant refuses to grant access and permission to replace the entire service line at the time of the emergency repair, then the community water supply may perform a partial lead service line replacement. Where an emergency repair on a service line constructed of lead or galvanized steel pipe results in a partial service line replacement, the water supply responsible for commencing the repair shall perform the following:

(A) Notify the building's owner or operator and the resident or residents served by the lead service line in writing that a repair has been completed. The notification shall include, at a minimum:

(i) a warning that the work may result in sediment, possibly containing lead, in the buildings water supply system;

(ii) information concerning practices for preventing the consumption of any lead in drinking water, including a recommendation to flush water distribution pipe during and after the completion of the repair or replacement work and to clean faucet aerator screens; and

(iii) information regarding the dangers of lead to young children and pregnant women.

(B) Provide filters for at least one fixture supplying potable water for consumption. The filter must be compliant with NSF/ANSI Standards 53 and 42. The filter must be provided until such time that the remaining portions of the service line have been replaced with a material approved by the Department or a waiver has been issued under subsection (ee).

(C) Replace the remaining portion of the lead service line within 30 days of the repair, or 120 days in the event of weather or other circumstances beyond reasonable control that prohibits construction. If a complete lead service line replacement cannot be made within the required 30 day period, the person responsible for commencing the repair shall notify the Department in writing, at a minimum, of the following within 24 hours of the repair:

(i) an explanation of why it is not feasible to replace the remaining portion of the lead service line within the allotted time; and

(ii) a timeline for when the remaining portion of the lead service line will be replaced.

(D) If complete repair of a lead service line cannot be completed within 30 days due to denial by the property owner, the person commencing the repair shall request the affected property owner to sign a waiver developed by the Department. If a property owner of a nonresidential building or residence operating as rental properties denies a complete lead service line replacement, the property owner shall be responsible for installing and maintaining point-of-use filters compliant with NSF/ANSI Standards 53 and 42 at all fixtures intended to supply water for the purposes of drinking, food preparation, or making baby formula. The filters shall continue to be supplied until such time that the property owner has affected the remaining portions of the lead service line to be replaced.

(E) Document any remaining lead service line, including a portion on the private side of the property, in the community water supply's distribution system materials inventory required under subsection (d).

For the purposes of this paragraph (1), written notice shall be provided in the method and according to the provisions of subsection (ff).

(2) Lead service lines that are physically disconnected from the distribution system are exempt from this subsection.

(dd) On and after January 1, 2022, when the owner or operator of a community water supply replaces a water main, the community water supply shall identify all lead service lines connected to the water main and shall replace, in accordance with its lead service line replacement plan, the lead service lines by:

(1) identifying the material or materials of each lead service line connected to the water main, including, but not limited to, any portion of the service line (i) running on private property and (ii) within the building plumbing at the first shut-off valve or 18 inches inside the building, whichever is shorter;

(2) in conjunction with replacement of the water main, replacing any and all portions of each lead service line connected to the water main that are composed of lead; and

(3) if a customer refuses to grant access to the property, following prescribed notice provisions as outlined in subsection (ee).

If an owner of a potentially affected building intends to replace a portion of a lead service line or a galvanized service line and the galvanized service line is or was connected downstream to lead piping, then the owner of the potentially affected building shall provide the owner or operator of the community water supply with notice at least 45 days before commencing the work. In the case of an emergency repair, the owner of the potentially affected building must provide filters for each kitchen area that are certified to meet the requirements of NSF/ANSI Standards 42 and 53. If the owner of the potentially affected building notifies the owner or operator of the community water supply of a portion of the lead service line after the emergency repair is completed, then the owner or operator of the community water supply shall replace the remainder of the lead service line within 30 days after completion of the emergency repair. A community water supply may take up to 120 days if necessary due to weather conditions. If a replacement takes longer than 30 days, filters provided by the owner of the potentially affected building must be replaced in accordance with the manufacturer's recommendations. Partial lead service line replacements by the owners of potentially affected buildings are otherwise prohibited.

(ee) At least one month before conducting planned lead service line replacement, the owner or operator of a community water supply shall, by certified mail, attempt to contact the owner of the potentially affected building serviced by the lead service line to request access to the building and permission to replace the lead service line in accordance with the lead service line replacement plan. If the owner of the potentially affected building does not respond to the request within 2 weeks after the request is sent, the owner or operator of the community water supply shall attempt to post the request on the entrance of the potentially affected building.

If the owner or operator of a community water supply is unable to obtain approval to access and replace a lead service line, the owner or operator of the community water supply shall request that the owner of the potentially affected building sign a waiver. The waiver shall be developed by the Department and should be made available in the owner's language. If the owner of the potentially affected building refuses to sign the waiver or fails to respond to the community water supply after the community water supply has complied with this subsection, then the community water supply shall notify the Department in writing within 15 working days.

(ff) When replacing a lead service line or repairing or replacing water mains with lead service lines or partial lead service lines attached to them, the owner or operator of a community water supply shall provide the owner of each potentially affected building that is serviced by the affected lead service lines or partial lead service lines, as well as the occupants of those buildings, with an individual written notice. The notice shall be delivered by mail or posted at the primary entranceway of the building. The notice may, in addition, be electronically mailed. Written notice shall include, at a minimum, the following:

(1) a warning that the work may result in sediment, possibly containing lead from the service line, in the building's water;

(2) information concerning the best practices for preventing exposure to or risk of consumption of lead in drinking water, including a recommendation to flush water lines during and after the completion of the repair or replacement work and to clean faucet aerator screens; and

(3) information regarding the dangers of lead exposure to young children and pregnant women.

When the individual written notice described in the first paragraph of this subsection is required as a result of planned work other than the repair or replacement of a water meter, the owner or operator of the community water supply shall provide the notice not less than 14 days before work begins. When the individual written notice described in the first paragraph of this subsection is required as a result of emergency repairs other than the repair or replacement of a water meter, the owner or operator of the community water supply shall provide the notice at the time the work is initiated. When the individual written notice described in the first paragraph of this subsection is required as a result of the repair or replacement of a water meter, the owner or operator of the community water supply shall provide the notice at the time the work is initiated.

If a community water supply serves a significant proportion of non-English speaking consumers, the notifications required under this subsection must contain information in the appropriate language regarding the importance of the notice and a telephone number or address where a person may contact the owner or operator of the community water supply to obtain a translated copy of the notification or request assistance in the appropriate language.

An owner or operator of a community water supply that is required under this subsection to provide an individual written notice to the owner and occupant of a potentially affected building that is a multi-dwelling building may satisfy that requirement and the requirements of this subsection regarding notification to non-English speaking customers by posting the required notice on the primary entranceway of the building and at the location where the occupant's mail is delivered as reasonably as possible.

When this subsection would require the owner or operator of a community water supply to provide an individual written notice to the entire community served by the community water supply or would require the owner or operator of a community water supply to provide individual written notices as a result of emergency repairs or when the community water supply that is required to comply with this subsection is a small system, the owner or operator of the community water supply may provide the required notice through local media outlets, social media, or other similar means in lieu of providing the individual written notices otherwise required under this subsection.

No notifications are required under this subsection for work performed on water mains that are used to transmit treated water between community water supplies and that have no service connections.

(gg) The owner or operator of each community water supply shall include the following information in the annual consumer confidence report required under the United States Environmental Protection Agency's National Primary Drinking Water Regulations:

(1) an estimate of the number of known or suspected lead service lines connected to its distribution system; and

(2) a statement describing progress that has been made toward replacing lead service lines connected to its distribution system.

(hh) No community water supply that sells water to any wholesale or retail consecutive community water supply may pass on any costs associated with compliance with this Section to consecutive systems.

(ii) Authority is hereby vested in the Illinois Pollution Control Board to conduct hearings to review final actions of the Agency under this Section.

(jj) To the extent allowed by law, when a community water supply enters into an agreement with a private contractor for replacement or installation of water service lines, the community water supply shall be held harmless for damage to property when replacing or installing water service lines. If dangers are encountered that prevent the replacement of the lead service line, the community water supply shall notify the Department within 15 working days of why the replacement of the lead service line could not be accomplished.

(kk) The Agency may propose to the Board, and the Board may adopt, any rules necessary to implement and administer this Section. The Department may adopt rules necessary to address lead service lines attached to noncommunity water supplies.

(ll) Notwithstanding any other provision in this Section, no requirement in this Section shall be construed as being less stringent than existing applicable federal requirements.

(mm) All lead service line replacements financed in whole or in part with funds obtained under this Section shall be considered public works for purposes of the Prevailing Wage Act.

(415 ILCS 5/17.11 rep.)

Section 15. The Environmental Protection Act is amended by repealing Section 17.11.".