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Public Act 102-0613 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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 State Finance Act is amended by adding | ||
Section 5.938 as follows: | ||
(30 ILCS 105/5.938 new) | ||
Sec. 5.938. The Lead Service Line Replacement Fund. | ||
Section 15. 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, except as authorized within this Section. | ||
(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 Centers for Disease Control and | ||
Prevention. | ||
(2) Lead 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 (x). | ||
"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. | ||
"Fund" means the Lead Service Line Replacement Fund | ||
created under subsection (bb). | ||
"Lead service line" means a service line made of lead or | ||
service line connected to a lead pigtail, lead gooseneck, or | ||
other lead fitting. | ||
"Material inventory" means a water service line material | ||
inventory developed by a community water supply under 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. | ||
"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 service 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 by April 15, | ||
2022 and electronically submit by April 15, 2023 an | ||
updated material inventory electronically to the Agency; | ||
and | ||
(2) 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 and approve the final material | ||
inventory submitted to it under subsection (d). | ||
(f) If a community water supply does not submit a complete | ||
inventory to the Agency by April 15, 2024 under paragraph (2) |
of subsection (d), the community water supply may apply for an | ||
extension to the Agency no less than 3 months prior to the due | ||
date. 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; and | ||
(2) the number of service lines of an unknown material | ||
composition. | ||
(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 to the best of the owner's or | ||
operator's ability 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 on the property or to the | ||
interior of a building for that reason, then the community | ||
water supply shall attempt to identify the service line as a | ||
suspected lead service line, unless documentation is provided | ||
showing otherwise. | ||
(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 attempt to 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 (jj). | ||
(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) The owner or operator of each community water supply |
shall post on its website a copy of the most recently submitted | ||
material inventory or alternatively may request that the | ||
Agency post a copy of that material inventory on the Agency's | ||
website. | ||
(m) Nothing in this Section shall be construed to require | ||
service lines to be unearthed for the sole purpose of | ||
inventorying. | ||
(n) When an owner or operator of a community water supply | ||
awards a contract under this Section, the owner or operator | ||
shall make a good faith effort 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 | ||
projects 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 | ||
projects shall be awarded to women-owned businesses, as | ||
defined in Section 2 of the Business Enterprise for | ||
Minorities, Women, and Persons with Disabilities Act; and | ||
(3) contracts representing at least 2% of the total | ||
projects 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 good faith requirements set forth | ||
in this subsection shall be addressed. | ||
Under this subsection, "good faith effort" means
a | ||
community water supply has taken all necessary steps to comply | ||
with the goals of this subsection by complying with the | ||
following: | ||
(1) Soliciting through reasonable and available means | ||
the interest of a business, as defined in Section 2 of the | ||
Business Enterprise for Minorities, Women, and Persons | ||
with Disabilities Act, that have the capability to perform | ||
the work of the contract. The community water supply must | ||
solicit this interest within sufficient time to allow | ||
certified businesses to respond. | ||
(2) Providing interested certified businesses with | ||
adequate information about the plans, specifications, and |
requirements of the contract, including addenda, in a | ||
timely manner to assist them in responding to the | ||
solicitation. | ||
(3) Meeting in good faith with interested certified | ||
businesses that have submitted bids. | ||
(4) Effectively using the services of the State, | ||
minority or women community organizations, minority or | ||
women contractor groups, local, State, and federal | ||
minority or women business assistance offices, and other | ||
organizations to provide assistance in the recruitment and | ||
placement of certified businesses. | ||
(5) Making efforts to use appropriate forums for | ||
purposes of advertising subcontracting opportunities | ||
suitable for certified businesses. | ||
The diversity goals defined in this subsection can be met | ||
through direct award to diverse contractors and through the | ||
use of diverse subcontractors and diverse vendors to | ||
contracts. | ||
(o) An owner or operator of a community water supply shall | ||
collect data necessary to ensure compliance with subsection | ||
(n) no less than semi-annually and shall include progress | ||
toward compliance of subsection (n) in the owner or operator's | ||
report required under subsection (t-5). The report must | ||
include data on vendor and employee diversity, including data | ||
on the owner's or operator's implementation of subsection (n). | ||
(p) 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; and | ||
(B) replace each galvanized service line connected | ||
to its distribution system, if the galvanized service | ||
line is or was connected downstream to lead piping; | ||
and | ||
(2) electronically submit, by April 15, 2024 its | ||
initial lead service line replacement plan to the Agency; | ||
(3) electronically submit by April 15 of each year | ||
after 2024 until April 15, 2027 an updated lead service | ||
line replacement plan to the Agency for review; 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 | ||
known and suspected 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 submitted to the Agency or may request that the | ||
Agency post a copy of that plan on the Agency's website. | ||
(q) Each plan required under paragraph (1) of subsection |
(p) 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, | ||
25-year, and 30-year goals; | ||
(7) 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 | ||
(8) 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; | ||
(9) 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; | ||
(10) measures for how the community water supply will | ||
inform the public of the plan and provide opportunity for | ||
public comment; and | ||
(11) measures to encourage diversity in hiring in the | ||
workforce required to implement the plan as identified | ||
under subsection (n). | ||
(r) The Agency shall review final plans submitted to it | ||
under subsection (p). The Agency shall approve a final plan if | ||
the final plan includes all of the elements set forth under | ||
subsection (q) 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 (v); | ||
(2) the plan prioritizes the replacement 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 documentation of public review. | ||
(s) An owner or operator of a community water supply has no | ||
duty to include in the plans required under subsection (p) | ||
information about service lines that are physically | ||
disconnected from a water main in its distribution system. | ||
(t) 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 no less | ||
than 3 months prior to the due date. 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; and | ||
(2) the number of service lines of an unknown material | ||
composition. | ||
(t-5) After the Agency has approved the final replacement | ||
plan described in subsection (p), the owner or operator of a | ||
community water supply shall submit a report detailing | ||
progress toward plan goals to the Agency for its review. The |
report shall be submitted annually for the first 10 years, and | ||
every 3 years thereafter until all lead service lines have | ||
been replaced. Reports under this subsection shall be | ||
published in the same manner described in subsection (l). The | ||
report shall include at least the following information as it | ||
pertains to the preceding reporting period: | ||
(1) The number of lead service lines replaced and the | ||
average cost of lead service line replacement. | ||
(2) Progress toward meeting hiring requirements as | ||
described in subsection (n) and subsection (o). | ||
(3) The percent of customers electing a waiver | ||
offered, as described in subsections (ii) and (jj), among | ||
those customers receiving a request or notification to | ||
perform a lead service line replacement. | ||
(4) The method or methods used by the community water | ||
supply to finance lead service line replacement. | ||
(u) Notwithstanding any other provision of law, in order | ||
to provide for costs associated with lead service line | ||
remediation and replacement, the corporate authorities of a | ||
municipality may, by ordinance or resolution by the corporate | ||
authorities, exercise authority provided in Section 27-5 et | ||
seq. of the Property Tax Code and Sections 8-3-1, 8-11-1, | ||
8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq., | ||
11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes | ||
levied for this purpose shall be in addition to taxes for | ||
general purposes authorized under Section 8-3-1 of the |
Illinois Municipal Code and shall be included in the taxing | ||
district's aggregate extension for the purposes of Division 5 | ||
of Article 18 of the Property Tax Code. | ||
(v) Every owner or operator of a community water supply | ||
shall replace all known lead service lines, subject to the | ||
requirements of subsection (ff), according to the following | ||
replacement rates and timelines to be calculated from the date | ||
of submission of the final replacement plan to the Agency: | ||
(1) A community water supply reporting 1,200 or fewer | ||
lead service lines in its final inventory and replacement | ||
plan shall replace all lead service lines, at an annual | ||
rate of no less than 7% of the amount described in the | ||
final inventory, with a timeline of up to 15 years for | ||
completion. | ||
(2) A community water supply reporting more than 1,200 | ||
but fewer than 5,000 lead service lines in its final | ||
inventory and replacement plan shall replace all lead | ||
service lines, at an annual rate of no less than 6% of the | ||
amount described in the final inventory, with a timeline | ||
of up to 17 years for completion. | ||
(3) A community water supply reporting more than 4,999 | ||
but fewer than 10,000 lead service lines in its final | ||
inventory and replacement plan shall replace all lead | ||
service lines, at an annual rate of no less than 5% of the | ||
amount described in the final inventory, with a timeline | ||
of up to 20 years for completion. |
(4) A community water supply reporting more than 9,999 | ||
but fewer than 99,999 lead service lines in its final | ||
inventory and replacement plan shall replace all lead | ||
service lines, at an annual rate of no less than 3% of the | ||
amount described in the final inventory, with a timeline | ||
of up to 34 years for completion. | ||
(5) A community water supply reporting more than | ||
99,999 lead service lines in its final inventory and | ||
replacement plan shall replace all lead service lines, at | ||
an annual rate of no less than 2% of the amount described | ||
in the final inventory, with a timeline of up to 50 years | ||
for completion. | ||
(w) A community water supply may apply to the Agency for an | ||
extension to the replacement timelines described in paragraphs | ||
(1) through (5) of subsection (v). 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; and | ||
(2) unusual circumstances creating hardship for a | ||
community. | ||
The Agency may grant one extension of additional time | ||
equal to not more than 20% of the original replacement | ||
timeline, except in situations of extreme hardship in which | ||
the Agency may consider a second additional extension equal to |
not more than 10% of the original replacement timeline. | ||
Replacement rates and timelines shall be calculated from | ||
the date of submission of the final plan to the Agency. | ||
(x) 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 28 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) fifteen members appointed by the Agency as | ||
follows: | ||
(A) one member representing a statewide | ||
organization of municipalities as authorized by | ||
Section 1-8-1 of the Illinois Municipal Code; | ||
(B) two members who are mayors representing | ||
municipalities located in any county south of the | ||
southernmost county represented by one of the 10 | ||
largest municipalities in Illinois by population, or | ||
their respective designees; | ||
(C) two members who are representatives from | ||
public health advocacy groups; |
(D) two members who are representatives from | ||
publicly-owned water utilities; | ||
(E) 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; | ||
(F) one member who is a research professional | ||
employed at an Illinois academic institution and | ||
specializing in water infrastructure research; | ||
(G) two members who are representatives from | ||
nonprofit civic organizations; | ||
(H) one member who is a representative from a | ||
statewide organization representing environmental | ||
organizations; | ||
(I) two members who are representatives from | ||
organized labor; and | ||
(J) one member representing an environmental | ||
justice organization; and | ||
(5) ten members who are the mayors of the 10 largest | ||
municipalities in Illinois by population, or their | ||
respective designees. | ||
No less than 10 of the 28 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. | ||
(y) The Advisory Board shall have, at a minimum, the | ||
following duties: | ||
(1) advising the Agency on best practices in lead | ||
service line replacement; | ||
(2) reviewing the progress of community water supplies | ||
toward lead service line replacement goals; | ||
(3) advising the Agency on other matters related to | ||
the administration of the provisions of this Section; | ||
(4) advising the Agency on the integration of existing | ||
lead service line replacement plans with any statewide | ||
plan; and | ||
(5) providing technical support and practical | ||
expertise in general. | ||
(z) Within 18 months 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, on households | ||
falling below 150% of the federal poverty limit; | ||
(3) revenue options that guarantee low-income | ||
households are protected from rate increases; | ||
(4) an assessment of the ability of community water | ||
supplies to assess and collect revenue; | ||
(5) variations in financial resources among individual | ||
households within a service area; and | ||
(6) the protection of low-income households from rate | ||
increases. | ||
(aa) 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 replacement within the State. | ||
(bb) The Lead Service Line Replacement Fund is created as | ||
a special fund in the State treasury to be used by the Agency | ||
for the purposes provided under this Section. The Fund shall | ||
be used exclusively to finance and administer programs and | ||
activities specified under this Section and listed under this | ||
subsection. | ||
The objective of the Fund is to finance activities | ||
associated with identifying and replacing lead service lines, |
build Agency capacity to oversee the provisions of this | ||
Section, and provide related assistance for the activities | ||
listed under this subsection. | ||
The Agency shall be responsible for the administration of | ||
the Fund and shall allocate moneys on the basis of priorities | ||
established by the Agency through administrative rule. On July | ||
1, 2022 and on July 1 of each year thereafter, the Agency shall | ||
determine the available amount of resources in the Fund that | ||
can be allocated to the activities identified under this | ||
Section and shall allocate the moneys accordingly. | ||
Notwithstanding any other law to the contrary, the Lead | ||
Service Line Replacement Fund is not subject to sweeps, | ||
administrative charge-backs, or any other fiscal maneuver that | ||
would in any way transfer any amounts from the Lead Service | ||
Line Replacement Fund into any other fund of the State. | ||
(cc) Within one year after the effective date of this | ||
amendatory Act of the 102 General Assembly, the Agency shall | ||
design rules for a program for the purpose of administering | ||
lead service line replacement funds. The rules must, at | ||
minimum, contain: | ||
(1) the process by which community water supplies may | ||
apply for funding; and | ||
(2) the criteria for determining unit of local | ||
government eligibility and prioritization for funding, | ||
including the prevalence of low-income households, as | ||
measured by median household income, the prevalence of |
lead service lines, and the prevalence of water samples | ||
that demonstrate elevated levels of lead. | ||
(dd) Funding under subsection (cc) shall be available for | ||
costs directly attributable to the planning, design, or | ||
construction directly related to the replacement of lead | ||
service lines and restoration of property. | ||
Funding shall not be used for the general operating | ||
expenses of a municipality or community water supply. | ||
(ee) An owner or operator of any community water supply | ||
receiving grant funding under subsection (cc) shall bear the | ||
entire expense of full lead service line replacement for all | ||
lead service lines in the scope of the grant. | ||
(ff) 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 certified by an accredited third-party | ||
certification body to NSF/ANSI 53 and NSF/ANSI 42 for |
the reduction of lead and particulate. 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 (ii). | ||
(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 period, the community water supply | ||
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 due to denial by the property | ||
owner, the community water supply 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 certified by an | ||
accredited third-party certification body to NSF/ANSI | ||
53 and NSF/ANSI 42 for the reduction of lead and | ||
particulate 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 by the property owner 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 (jj). | ||
(2) Lead service lines that are physically | ||
disconnected from the distribution system are exempt from | ||
this subsection. | ||
(gg) Except as provided in subsection (hh), 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 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 property owner or customer refuses to grant | ||
access to the property, following prescribed notice | ||
provisions as outlined in subsection (ff). | ||
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 by an | ||
accredited third-party certification body to NSF/ANSI 53 and | ||
NSF/ANSI 42 for the reduction of lead and particulate. If the | ||
owner of the potentially affected building notifies the owner | ||
or operator of the community water supply that replacement 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. | ||
(hh) For municipalities with a population in excess of | ||
1,000,000 inhabitants, the requirements of subsection (gg) | ||
shall commence on January 1, 2023. | ||
(ii) At least 45 days before conducting planned lead | ||
service line replacement, the owner or operator of a community | ||
water supply shall, by 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 15 | ||
days 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. | ||
(jj) 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. | ||
The notifications required under this subsection must | ||
contain the following
statement in the Spanish, Polish, | ||
Chinese, Tagalog, Arabic, Korean, German, Urdu, and
Gujarati:
| ||
"This notice contains important information about your water | ||
service and may affect your
rights. We encourage you to have | ||
this notice translated in full into a language you
understand |
and before you make any decisions that may be required under | ||
this notice." | ||
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 properties |
that have no service connections. | ||
(kk) 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. | ||
(ll) To the extent allowed by law, when a community water | ||
supply replaces or installs a lead service line in a public | ||
right-of-way or enters into an agreement with a private | ||
contractor for replacement or installation of a lead service | ||
line, the community water supply shall be held harmless for | ||
all damage to property when replacing or installing the lead | ||
service line. 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. | ||
(mm) 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. | ||
(nn) Notwithstanding any other provision in this Section, | ||
no requirement in this Section shall be construed as being | ||
less stringent than existing applicable federal requirements. | ||
(oo) 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 20. The Environmental Protection Act is amended by | ||
repealing Section 17.11.
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