102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3122

 

Introduced 2/19/2021, by Rep. Edgar Gonzalez, Jr.

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 320/35.5

    Amends the Illinois Plumbing License Law. Provides that each park district, municipal park and recreation agency, or special recreation agency shall test each source of potable water in a park that serves children under 6 years old for lead contamination. Provides requirements for testing and notification. Provides requirements for requests seeking waiver of testing. Provides that the owner or operator of a community water system may agree to pay for the cost of the laboratory analysis of the test samples.


LRB102 10622 SPS 15951 b

 

 

A BILL FOR

 

HB3122LRB102 10622 SPS 15951 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Plumbing License Law is amended by
5changing Section 35.5 as follows:
 
6    (225 ILCS 320/35.5)
7    Sec. 35.5. Lead in drinking water prevention.
8    (a) The General Assembly finds that lead has been detected
9in the drinking water of schools in this State. The General
10Assembly also finds that infants and young children may suffer
11adverse health effects and developmental delays as a result of
12exposure to even low levels of lead. The General Assembly
13further finds that it is in the best interests of the people of
14the State to require school districts or chief school
15administrators, or the designee of the school district or
16chief school administrator, to test for lead in drinking water
17in school buildings and provide written notification of the
18test results.
19    The purpose of this Section is to require (i) school
20districts or chief school administrators, or the designees of
21the school districts or chief school administrators, to test
22for lead with the goal of providing school building occupants
23with an adequate supply of safe, potable water; and (ii)

 

 

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1school districts or chief school administrators, or the
2designees of the school districts or chief school
3administrators, to notify the parents and legal guardians of
4enrolled students of the sampling results from their
5respective school buildings.
6    (b) For the purposes of this Section:
7    "Community water system" has the meaning provided in 35
8Ill. Adm. Code 611.101.
9    "School building" means any facility or portion thereof
10that was constructed on or before January 1, 2000 and may be
11occupied by more than 10 children or students,
12pre-kindergarten through grade 5, under the control of (a) a
13school district or (b) a public, private, charter, or
14nonpublic day or residential educational institution.
15    "Source of potable water" means the point at which
16non-bottled water that may be ingested by children or used for
17food preparation exits any tap, faucet, drinking fountain,
18wash basin in a classroom occupied by children or students
19under grade 1, or similar point of use; provided, however,
20that all (a) bathroom sinks and (b) wash basins used by
21janitorial staff are excluded from this definition.
22    (c) Each school district or chief school administrator, or
23the designee of each school district or chief school
24administrator, shall test each source of potable water in a
25school building for lead contamination as required in this
26subsection.

 

 

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1        (1) Each school district or chief school
2    administrator, or the designee of each school district or
3    chief school administrator, shall, at a minimum, (a)
4    collect a first-draw 250 milliliter sample of water, (b)
5    flush for 30 seconds, and (c) collect a second-draw 250
6    milliliter sample from each source of potable water
7    located at each corresponding school building; provided,
8    however, that to the extent that multiple sources of
9    potable water utilize the same drain, (i) the foregoing
10    collection protocol is required for one such source of
11    potable water, and (ii) only a first-draw 250 milliliter
12    sample of water is required from the remaining such
13    sources of potable water. The water corresponding to the
14    first-draw 250 milliliter sample from each source of
15    potable water shall have been standing in the plumbing
16    pipes for at least 8 hours, but not more than 18 hours,
17    without any flushing of the source of potable water before
18    sample collection.
19        (2) Each school district or chief school
20    administrator, or the designee of each school district or
21    chief school administrator, shall arrange to have the
22    samples it collects pursuant to subdivision (1) of this
23    subsection submitted to a laboratory that is certified for
24    the analysis of lead in drinking water in accordance with
25    accreditation requirements developed by a national
26    laboratory accreditation body, such as the National

 

 

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1    Environmental Laboratory Accreditation Conference (NELAC)
2    Institute (TNI). Samples submitted to laboratories
3    pursuant to this subdivision (2) shall be analyzed for
4    lead using one of the test methods for lead that is
5    described in 40 CFR 141.23(k)(1). Within 7 days after
6    receiving a final analytical result concerning a sample
7    collected pursuant to subdivision (1) of this subsection,
8    the school district or chief school administrator, or a
9    designee of the school district or chief school
10    administrator, that collected the sample shall provide the
11    final analytical result to the Department.
12        (3) If any of the samples taken in the school exceed 5
13    parts per billion, the school district or chief school
14    administrator, or the designee of the school district or
15    chief school administrator, shall promptly provide an
16    individual notification of the sampling results, via
17    written or electronic communication, to the parents or
18    legal guardians of all enrolled students and include the
19    following information: the corresponding sampling location
20    within the school building and the United States
21    Environmental Protection Agency's website for information
22    about lead in drinking water. If any of the samples taken
23    at the school are at or below 5 parts per billion,
24    notification may be made as provided in this paragraph or
25    by posting on the school's website.
26        (4) Sampling and analysis required under this Section

 

 

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1    shall be completed by the following applicable deadlines:
2    for school buildings constructed prior to January 1, 1987,
3    by December 31, 2017; and for school buildings constructed
4    between January 2, 1987 and January 1, 2000, by December
5    31, 2018.
6        (5) A school district or chief school administrator,
7    or the designee of the school district or chief school
8    administrator, may seek a waiver of the requirements of
9    this subsection from the Department, if (A) the school
10    district or chief school administrator, or the designee of
11    the school district or chief school administrator,
12    collected at least one 250 milliliter or greater sample of
13    water from each source of potable water that had been
14    standing in the plumbing pipes for at least 6 hours and
15    that was collected without flushing the source of potable
16    water before collection, (B) a laboratory described in
17    subdivision (2) of this subsection analyzed the samples in
18    accordance with a test method described in that
19    subdivision, (C) test results were obtained prior to the
20    effective date of this amendatory Act of the 99th General
21    Assembly, but after January 1, 2013, and (D) test results
22    were submitted to the Department within 120 days of the
23    effective date of this amendatory Act of the 99th General
24    Assembly.
25        (6) The owner or operator of a community water system
26    may agree to pay for the cost of the laboratory analysis of

 

 

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1    the samples required under this Section and may utilize
2    the lead hazard cost recovery fee under Section 11-150.1-1
3    of the Illinois Municipal Code or other available funds to
4    defray said costs.
5        (7) Lead sampling results obtained shall not be used
6    for purposes of determining compliance with the Board's
7    rules that implement the national primary drinking water
8    regulations for lead and copper.
9    (c-5) Each park district, municipal park and recreation
10agency, or special recreation agency, or its designee, shall
11test each source of potable water in each of its parks that
12serve children under 6 years old for lead contamination as
13required in this subsection according to the following
14requirements:
15        (1) At a minimum, (i) collect a first-draw 250
16    milliliter sample of water, (ii) flush for 30 seconds, and
17    (iii) collect a second-draw 250 milliliter sample from
18    each source of potable water located at each corresponding
19    park. However, to the extent that multiple sources of
20    potable water utilize the same drain, the foregoing
21    collection protocol is required for one such source of
22    potable water, and only a first-draw 250 milliliter sample
23    of water is required from the remaining such sources of
24    potable water. The water corresponding to the first-draw
25    250 milliliter sample from each source of potable water
26    shall have been standing in the plumbing pipes for at

 

 

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1    least 8 hours, but not more than 18 hours, without any
2    flushing of the source of potable water before sample
3    collection.
4        (2) Arrange to have the samples it collects under
5    paragraph (1) submitted to a laboratory that is certified
6    for the analysis of lead in drinking water in accordance
7    with accreditation requirements developed by a national
8    laboratory accreditation body, such as The National
9    Environmental Laboratory Accreditation Conference (NELAC)
10    Institute (TNI). Samples submitted to laboratories under
11    this paragraph (2) shall be analyzed for lead using one of
12    the test methods for lead that is described in 40 CFR
13    141.23(k)(1). Within 7 days after receiving a final
14    analytical result concerning a sample collected under
15    paragraph (1), the park district, municipal park and
16    recreation agency, or special recreation agency, or its
17    designee, that collected the sample shall provide the
18    final analytical result to the Department.
19        (3) If any of the samples taken under subsection (1)
20    exceed 5 parts per billion, the park district, municipal
21    park and recreation agency, or special recreation agency,
22    or its designee, shall promptly provide notification of
23    the sampling results, via a publication circulated in the
24    county where the park district, municipal park and
25    recreation agency, or special recreation agency is located
26    and, if applicable, on its website and include the

 

 

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1    following information (i) the corresponding sampling
2    location within the park, and (ii) the United States
3    Environmental Protection Agency's website for information
4    about lead in drinking water. If any of the samples taken
5    by the park district, municipal park and recreation
6    agency, or special recreation agency are at or below 5
7    parts per billion, notification may be made by posting on
8    its website.
9        (4) Sampling and analysis required under this
10    subsection shall be completed by the following applicable
11    deadlines: for parks constructed prior to January 1, 1987,
12    by December 31, 2023; and for parks constructed between
13    January 2, 1987 and January 1, 2000, by December 31, 2024.
14        (5) A park district, municipal park and recreation
15    agency, or special recreation agency, or its designee, may
16    seek a waiver of the requirements of this subsection from
17    the Department, if: (i) the park district, municipal park
18    and recreation agency, or special recreation agency, or
19    the designee of the park district, municipal park and
20    recreation agency, or special recreation agency, collected
21    at least one 250 milliliter or greater sample of water
22    from each source of potable water that had been standing
23    in the plumbing pipes for at least 6 hours and that was
24    collected without flushing the source of potable water
25    before collection; (ii) a laboratory described in
26    paragraph (2) analyzed the samples in accordance with a

 

 

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1    test method described in that paragraph; (iii) test
2    results were obtained prior to the effective date of this
3    amendatory Act of the 102nd General Assembly, but after
4    January 1, 2019; and (iv) test results were submitted to
5    the Department within 120 days after the effective date of
6    this amendatory Act of the 102nd General Assembly.
7        (6) The owner or operator of a community water system
8    may agree to pay for the cost of the laboratory analysis of
9    the samples required under this subsection and may utilize
10    the lead hazard cost recovery fee under Section 11-150.1-1
11    of the Illinois Municipal Code or other available funds to
12    defray said costs.
13        (7) Lead sampling results obtained shall not be used
14    for determining compliance with the Board's rules
15    implementing the national primary drinking water
16    regulations for lead and copper (the Lead and Copper Rule,
17    40 CFR Part 141, Subpart I).
18    (d) By no later than June 30, 2019, the Department shall
19determine whether it is necessary and appropriate to protect
20public health to require schools constructed in whole or in
21part after January 1, 2000 to conduct testing for lead from
22sources of potable water, taking into account, among other
23relevant information, the results of testing conducted
24pursuant to this Section.
25    (e) Within 90 days of the effective date of this
26amendatory Act of the 99th General Assembly, the Department

 

 

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1shall post on its website guidance on mitigation actions for
2lead in drinking water, and ongoing water management
3practices, in schools. In preparing such guidance, the
4Department may, in part, reference the United States
5Environmental Protection Agency's 3Ts for Reducing Lead in
6Drinking Water in Schools.
7(Source: P.A. 99-922, eff. 1-17-17; 100-103, eff. 8-11-17.)