HB2776 EngrossedLRB103 28485 CPF 54866 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Section 17.12 as follows:
 
6    (415 ILCS 5/17.12)
7    Sec. 17.12. Lead service line replacement and
8notification.
9    (a) The purpose of this Act is to: (1) require the owners
10and operators of community water supplies to develop,
11implement, and maintain a comprehensive water service line
12material inventory and a comprehensive lead service line
13replacement plan, provide notice to occupants of potentially
14affected buildings before any construction or repair work on
15water mains or lead service lines, and request access to
16potentially affected buildings before replacing lead service
17lines; and (2) prohibit partial lead service line
18replacements, except as authorized within this Section.
19    (b) The General Assembly finds and declares that:
20        (1) There is no safe level of exposure to heavy metal
21    lead, as found by the United States Environmental
22    Protection Agency and the Centers for Disease Control and
23    Prevention.

 

 

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1        (2) Lead service lines can convey this harmful
2    substance to the drinking water supply.
3        (3) According to the Illinois Environmental Protection
4    Agency's 2018 Service Line Material Inventory, the State
5    of Illinois is estimated to have over 680,000 lead-based
6    service lines still in operation.
7        (4) The true number of lead service lines is not fully
8    known because Illinois lacks an adequate inventory of lead
9    service lines.
10        (5) For the general health, safety and welfare of its
11    residents, all lead service lines in Illinois should be
12    disconnected from the drinking water supply, and the
13    State's drinking water supply.
14    (c) In this Section:
15    "Advisory Board" means the Lead Service Line Replacement
16Advisory Board created under subsection (x).
17    "Community water supply" has the meaning ascribed to it in
18Section 3.145 of this Act.
19    "Department" means the Department of Public Health.
20    "Emergency repair" means any unscheduled water main, water
21service, or water valve repair or replacement that results
22from failure or accident.
23    "Fund" means the Lead Service Line Replacement Fund
24created under subsection (bb).
25    "Lead service line" means a service line made of lead or
26service line connected to a lead pigtail, lead gooseneck, or

 

 

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1other lead fitting.
2    "Material inventory" means a water service line material
3inventory developed by a community water supply under this
4Act.
5    "Non-community water supply" has the meaning ascribed to
6it in Section 3.145 of the Environmental Protection Act.
7    "NSF/ANSI Standard" means a water treatment standard
8developed by NSF International.
9    "Partial lead service line replacement" means replacement
10of only a portion of a lead service line.
11    "Potentially affected building" means any building that is
12provided water service through a service line that is either a
13lead service line or a suspected lead service line.
14    "Public water supply" has the meaning ascribed to it in
15Section 3.365 of this Act.
16    "Service line" means the piping, tubing, and necessary
17appurtenances acting as a conduit from the water main or
18source of potable water supply to the building plumbing at the
19first shut-off valve or 18 inches inside the building,
20whichever is shorter.
21    "Suspected lead service line" means a service line that a
22community water supply finds more likely than not to be made of
23lead after completing the requirements under paragraphs (2)
24through (5) of subsection (h).
25    "Small system" means a community water supply that
26regularly serves water to 3,300 or fewer persons.

 

 

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1    (d) An owner or operator of a community water supply
2shall:
3        (1) develop an initial material inventory by April 15,
4    2022 and electronically submit by April 15, 2023 an
5    updated material inventory electronically to the Agency;
6    and
7        (2) deliver a complete material inventory to the
8    Agency no later than April 15, 2024, or such time as
9    required by federal law, whichever is sooner. The complete
10    inventory shall report the composition of all service
11    lines in the community water supply's distribution system.
12    (e) The Agency shall review and approve the final material
13inventory submitted to it under subsection (d).
14    (f) If a community water supply does not submit a complete
15inventory to the Agency by April 15, 2024 under paragraph (2)
16of subsection (d), the community water supply may apply for an
17extension to the Agency no less than 3 months prior to the due
18date. The Agency shall develop criteria for granting material
19inventory extensions. When considering requests for extension,
20the Agency shall, at a minimum, consider:
21        (1) the number of service connections in a water
22    supply; and
23        (2) the number of service lines of an unknown material
24    composition.
25    (g) A material inventory prepared for a community water
26supply under subsection (d) shall identify:

 

 

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1        (1) the total number of service lines connected to the
2    community water supply's distribution system;
3        (2) the materials of construction of each service line
4    connected to the community water supply's distribution
5    system;
6        (3) the number of suspected lead service lines that
7    were newly identified in the material inventory for the
8    community water supply after the community water supply
9    last submitted a service line inventory to the Agency; and
10        (4) the number of suspected or known lead service
11    lines that were replaced after the community water supply
12    last submitted a service line inventory to the Agency, and
13    the material of the service line that replaced each lead
14    service line.
15    When identifying the materials of construction under
16paragraph (2) of this subsection, the owner or operator of the
17community water supply shall to the best of the owner's or
18operator's ability identify the type of construction material
19used on the customer's side of the curb box, meter, or other
20line of demarcation and the community water supply's side of
21the curb box, meter, or other line of demarcation.
22    (h) In completing a material inventory under subsection
23(d), the owner or operator of a community water supply shall:
24        (1) prioritize inspections of high-risk areas
25    identified by the community water supply and inspections
26    of high-risk facilities, such as preschools, day care

 

 

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1    centers, day care homes, group day care homes, parks,
2    playgrounds, hospitals, and clinics, and confirm service
3    line materials in those areas and at those facilities;
4        (2) review historical documentation, such as
5    construction logs or cards, as-built drawings, purchase
6    orders, and subdivision plans, to determine service line
7    material construction;
8        (3) when conducting distribution system maintenance,
9    visually inspect service lines and document materials of
10    construction;
11        (4) identify any time period when the service lines
12    being connected to its distribution system were primarily
13    lead service lines, if such a time period is known or
14    suspected; and
15        (5) discuss service line repair and installation with
16    its employees, contractors, plumbers, other workers who
17    worked on service lines connected to its distribution
18    system, or all of the above.
19    (i) The owner or operator of each community water supply
20shall maintain records of persons who refuse to grant access
21to the interior of a building for purposes of identifying the
22materials of construction of a service line. If a community
23water supply has been denied access on the property or to the
24interior of a building for that reason, then the community
25water supply shall attempt to identify the service line as a
26suspected lead service line, unless documentation is provided

 

 

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1showing otherwise.
2    (j) If a community water supply identifies a lead service
3line connected to a building, the owner or operator of the
4community water supply shall attempt to notify the owner of
5the building and all occupants of the building of the
6existence of the lead service line within 15 days after
7identifying the lead service line, or as soon as is reasonably
8possible thereafter. Individual written notice shall be given
9according to the provisions of subsection (jj).
10    (k) An owner or operator of a community water supply has no
11duty to include in the material inventory required under
12subsection (d) information about service lines that are
13physically disconnected from a water main in its distribution
14system.
15    (l) The owner or operator of each community water supply
16shall post on its website a copy of the most recently submitted
17material inventory or alternatively may request that the
18Agency post a copy of that material inventory on the Agency's
19website.
20    (m) Nothing in this Section shall be construed to require
21service lines to be unearthed for the sole purpose of
22inventorying.
23    (n) When an owner or operator of a community water supply
24awards a contract under this Section, the owner or operator
25shall make a good faith effort to use contractors and vendors
26owned by minority persons, women, and persons with a

 

 

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1disability, as those terms are defined in Section 2 of the
2Business Enterprise for Minorities, Women, and Persons with
3Disabilities Act, for not less than 20% of the total
4contracts, provided that:
5        (1) contracts representing at least 11% of the total
6    projects shall be awarded to minority-owned businesses, as
7    defined in Section 2 of the Business Enterprise for
8    Minorities, Women, and Persons with Disabilities Act;
9        (2) contracts representing at least 7% of the total
10    projects shall be awarded to women-owned businesses, as
11    defined in Section 2 of the Business Enterprise for
12    Minorities, Women, and Persons with Disabilities Act; and
13        (3) contracts representing at least 2% of the total
14    projects shall be awarded to businesses owned by persons
15    with a disability.
16    Owners or operators of a community water supply are
17encouraged to divide projects, whenever economically feasible,
18into contracts of smaller size that ensure small business
19contractors or vendors shall have the ability to qualify in
20the applicable bidding process, when determining the ability
21to deliver on a given contract based on scope and size, as a
22responsible and responsive bidder.
23    When a contractor or vendor submits a bid or letter of
24intent in response to a request for proposal or other bid
25submission, the contractor or vendor shall include with its
26responsive documents a utilization plan that shall address how

 

 

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1compliance with applicable good faith requirements set forth
2in this subsection shall be addressed.
3    Under this subsection, "good faith effort" means a
4community water supply has taken all necessary steps to comply
5with the goals of this subsection by complying with the
6following:
7        (1) Soliciting through reasonable and available means
8    the interest of a business, as defined in Section 2 of the
9    Business Enterprise for Minorities, Women, and Persons
10    with Disabilities Act, that have the capability to perform
11    the work of the contract. The community water supply must
12    solicit this interest within sufficient time to allow
13    certified businesses to respond.
14        (2) Providing interested certified businesses with
15    adequate information about the plans, specifications, and
16    requirements of the contract, including addenda, in a
17    timely manner to assist them in responding to the
18    solicitation.
19        (3) Meeting in good faith with interested certified
20    businesses that have submitted bids.
21        (4) Effectively using the services of the State,
22    minority or women community organizations, minority or
23    women contractor groups, local, State, and federal
24    minority or women business assistance offices, and other
25    organizations to provide assistance in the recruitment and
26    placement of certified businesses.

 

 

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1        (5) Making efforts to use appropriate forums for
2    purposes of advertising subcontracting opportunities
3    suitable for certified businesses.
4    The diversity goals defined in this subsection can be met
5through direct award to diverse contractors and through the
6use of diverse subcontractors and diverse vendors to
7contracts.
8    (o) An owner or operator of a community water supply shall
9collect data necessary to ensure compliance with subsection
10(n) no less than semi-annually and shall include progress
11toward compliance of subsection (n) in the owner or operator's
12report required under subsection (t-5). The report must
13include data on vendor and employee diversity, including data
14on the owner's or operator's implementation of subsection (n).
15    (p) Every owner or operator of a community water supply
16that has known or suspected lead service lines shall:
17        (1) create a plan to:
18            (A) replace each lead service line connected to
19        its distribution system; and
20            (B) replace each galvanized service line connected
21        to its distribution system, if the galvanized service
22        line is or was connected downstream to lead piping;
23        and
24        (2) electronically submit, by April 15, 2024 its
25    initial lead service line replacement plan to the Agency;
26        (3) electronically submit by April 15 of each year

 

 

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1    after 2024 until April 15, 2027 an updated lead service
2    line replacement plan to the Agency for review; the
3    updated replacement plan shall account for changes in the
4    number of lead service lines or unknown service lines in
5    the material inventory described in subsection (d);
6        (4) electronically submit by April 15, 2027 a complete
7    and final replacement plan to the Agency for approval; the
8    complete and final replacement plan shall account for all
9    known and suspected lead service lines documented in the
10    final material inventory described under paragraph (3) of
11    subsection (d); and
12        (5) post on its website a copy of the plan most
13    recently submitted to the Agency or may request that the
14    Agency post a copy of that plan on the Agency's website.
15    (q) Each plan required under paragraph (1) of subsection
16(p) shall include the following:
17        (1) the name and identification number of the
18    community water supply;
19        (2) the total number of service lines connected to the
20    distribution system of the community water supply;
21        (3) the total number of suspected lead service lines
22    connected to the distribution system of the community
23    water supply;
24        (4) the total number of known lead service lines
25    connected to the distribution system of the community
26    water supply;

 

 

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1        (5) the total number of lead service lines connected
2    to the distribution system of the community water supply
3    that have been replaced each year beginning in 2020;
4        (6) a proposed lead service line replacement schedule
5    that includes one-year, 5-year, 10-year, 15-year, 20-year,
6    25-year, and 30-year goals;
7        (7) an analysis of costs and financing options for
8    replacing the lead service lines connected to the
9    community water supply's distribution system, which shall
10    include, but shall not be limited to:
11            (A) a detailed accounting of costs associated with
12        replacing lead service lines and galvanized lines that
13        are or were connected downstream to lead piping;
14            (B) measures to address affordability and prevent
15        service shut-offs for customers or ratepayers; and
16            (C) consideration of different scenarios for
17        structuring payments between the utility and its
18        customers over time; and
19        (8) a plan for prioritizing high-risk facilities, such
20    as preschools, day care centers, day care homes, group day
21    care homes, parks, playgrounds, hospitals, and clinics, as
22    well as high-risk areas identified by the community water
23    supply;
24        (9) a map of the areas where lead service lines are
25    expected to be found and the sequence with which those
26    areas will be inventoried and lead service lines replaced;

 

 

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1        (10) measures for how the community water supply will
2    inform the public of the plan and provide opportunity for
3    public comment; and
4        (11) measures to encourage diversity in hiring in the
5    workforce required to implement the plan as identified
6    under subsection (n).
7    (r) The Agency shall review final plans submitted to it
8under subsection (p). The Agency shall approve a final plan if
9the final plan includes all of the elements set forth under
10subsection (q) and the Agency determines that:
11        (1) the proposed lead service line replacement
12    schedule set forth in the plan aligns with the timeline
13    requirements set forth under subsection (v);
14        (2) the plan prioritizes the replacement of lead
15    service lines that provide water service to high-risk
16    facilities, such as preschools, day care centers, day care
17    homes, group day care homes, parks, playgrounds,
18    hospitals, and clinics, and high-risk areas identified by
19    the community water supply;
20        (3) the plan includes analysis of cost and financing
21    options; and
22        (4) the plan provides documentation of public review.
23    (s) An owner or operator of a community water supply has no
24duty to include in the plans required under subsection (p)
25information about service lines that are physically
26disconnected from a water main in its distribution system.

 

 

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1    (t) If a community water supply does not deliver a
2complete plan to the Agency by April 15, 2027, the community
3water supply may apply to the Agency for an extension no less
4than 3 months prior to the due date. The Agency shall develop
5criteria for granting plan extensions. When considering
6requests for extension, the Agency shall, at a minimum,
7consider:
8        (1) the number of service connections in a water
9    supply; and
10        (2) the number of service lines of an unknown material
11    composition.
12    (t-5) After the Agency has approved the final replacement
13plan described in subsection (p), the owner or operator of a
14community water supply shall submit a report detailing
15progress toward plan goals to the Agency for its review. The
16report shall be submitted annually for the first 10 years, and
17every 3 years thereafter until all lead service lines have
18been replaced. Reports under this subsection shall be
19published in the same manner described in subsection (l). The
20report shall include at least the following information as it
21pertains to the preceding reporting period:
22        (1) The number of lead service lines replaced and the
23    average cost of lead service line replacement.
24        (2) Progress toward meeting hiring requirements as
25    described in subsection (n) and subsection (o).
26        (3) The percent of customers electing a waiver

 

 

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1    offered, as described in subsections (ii) and (jj), among
2    those customers receiving a request or notification to
3    perform a lead service line replacement.
4        (4) The method or methods used by the community water
5    supply to finance lead service line replacement.
6    (u) Notwithstanding any other provision of law, in order
7to provide for costs associated with lead service line
8remediation and replacement, the corporate authorities of a
9municipality may, by ordinance or resolution by the corporate
10authorities, exercise authority provided in Section 27-5 et
11seq. of the Property Tax Code and Sections 8-3-1, 8-11-1,
128-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq.,
1311-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes
14levied for this purpose shall be in addition to taxes for
15general purposes authorized under Section 8-3-1 of the
16Illinois Municipal Code and shall be included in the taxing
17district's aggregate extension for the purposes of Division 5
18of Article 18 of the Property Tax Code.
19    (v) Every owner or operator of a community water supply
20shall replace all known lead service lines, subject to the
21requirements of subsection (ff), according to the following
22replacement rates and timelines to be calculated from the date
23of submission of the final replacement plan to the Agency:
24        (1) A community water supply reporting 1,200 or fewer
25    lead service lines in its final inventory and replacement
26    plan shall replace all lead service lines, at an annual

 

 

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1    rate of no less than 7% of the amount described in the
2    final inventory, with a timeline of up to 15 years for
3    completion.
4        (2) A community water supply reporting more than 1,200
5    but fewer than 5,000 lead service lines in its final
6    inventory and replacement plan shall replace all lead
7    service lines, at an annual rate of no less than 6% of the
8    amount described in the final inventory, with a timeline
9    of up to 17 years for completion.
10        (3) A community water supply reporting more than 4,999
11    but fewer than 10,000 lead service lines in its final
12    inventory and replacement plan shall replace all lead
13    service lines, at an annual rate of no less than 5% of the
14    amount described in the final inventory, with a timeline
15    of up to 20 years for completion.
16        (4) A community water supply reporting more than 9,999
17    but fewer than 99,999 lead service lines in its final
18    inventory and replacement plan shall replace all lead
19    service lines, at an annual rate of no less than 3% of the
20    amount described in the final inventory, with a timeline
21    of up to 34 years for completion.
22        (5) A community water supply reporting more than
23    99,999 lead service lines in its final inventory and
24    replacement plan shall replace all lead service lines, at
25    an annual rate of no less than 2% of the amount described
26    in the final inventory, with a timeline of up to 50 years

 

 

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1    for completion.
2    (w) A community water supply may apply to the Agency for an
3extension to the replacement timelines described in paragraphs
4(1) through (5) of subsection (v). The Agency shall develop
5criteria for granting replacement timeline extensions. When
6considering requests for timeline extensions, the Agency
7shall, at a minimum, consider:
8        (1) the number of service connections in a water
9    supply; and
10        (2) unusual circumstances creating hardship for a
11    community.
12    The Agency may grant one extension of additional time
13equal to not more than 20% of the original replacement
14timeline, except in situations of extreme hardship in which
15the Agency may consider a second additional extension equal to
16not more than 10% of the original replacement timeline.
17    Replacement rates and timelines shall be calculated from
18the date of submission of the final plan to the Agency.
19    (x) The Lead Service Line Replacement Advisory Board is
20created within the Agency. The Advisory Board shall convene
21within 120 days after January 1, 2022 (the effective date of
22Public Act 102-613).
23    The Advisory Board shall consist of at least 28 voting
24members, as follows:
25        (1) the Director of the Agency, or his or her
26    designee, who shall serve as chairperson;

 

 

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1        (2) the Director of Revenue, or his or her designee;
2        (3) the Director of Public Health, or his or her
3    designee;
4        (4) fifteen members appointed by the Agency as
5    follows:
6            (A) one member representing a statewide
7        organization of municipalities as authorized by
8        Section 1-8-1 of the Illinois Municipal Code;
9            (B) two members who are mayors representing
10        municipalities located in any county south of the
11        southernmost county represented by one of the 10
12        largest municipalities in Illinois by population, or
13        their respective designees;
14            (C) two members who are representatives from
15        public health advocacy groups;
16            (D) two members who are representatives from
17        publicly-owned water utilities;
18            (E) one member who is a representative from a
19        public utility as defined under Section 3-105 of the
20        Public Utilities Act that provides water service in
21        the State of Illinois;
22            (F) one member who is a research professional
23        employed at an Illinois academic institution and
24        specializing in water infrastructure research;
25            (G) two members who are representatives from
26        nonprofit civic organizations;

 

 

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1            (H) one member who is a representative from a
2        statewide organization representing environmental
3        organizations;
4            (I) two members who are representatives from
5        organized labor; and
6            (J) one member representing an environmental
7        justice organization; and
8        (5) ten members who are the mayors of the 10 largest
9    municipalities in Illinois by population, or their
10    respective designees.
11    No less than 10 of the 28 voting members shall be persons
12of color, and no less than 3 shall represent communities
13defined or self-identified as environmental justice
14communities.
15    Advisory Board members shall serve without compensation,
16but may be reimbursed for necessary expenses incurred in the
17performance of their duties from funds appropriated for that
18purpose. The Agency shall provide administrative support to
19the Advisory Board.
20    The Advisory Board shall meet no less than once every 6
21months.
22    (y) The Advisory Board shall have, at a minimum, the
23following duties:
24        (1) advising the Agency on best practices in lead
25    service line replacement;
26        (2) reviewing the progress of community water supplies

 

 

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1    toward lead service line replacement goals;
2        (3) advising the Agency on other matters related to
3    the administration of the provisions of this Section;
4        (4) advising the Agency on the integration of existing
5    lead service line replacement plans with any statewide
6    plan; and
7        (5) providing technical support and practical
8    expertise in general.
9    (z) Within 18 months after January 1, 2022 (the effective
10date of Public Act 102-613), the Advisory Board shall deliver
11a report of its recommendations to the Governor and the
12General Assembly concerning opportunities for dedicated,
13long-term revenue options for funding lead service line
14replacement. In submitting recommendations, the Advisory Board
15shall consider, at a minimum, the following:
16        (1) the sufficiency of various revenue sources to
17    adequately fund replacement of all lead service lines in
18    Illinois;
19        (2) the financial burden, if any, on households
20    falling below 150% of the federal poverty limit;
21        (3) revenue options that guarantee low-income
22    households are protected from rate increases;
23        (4) an assessment of the ability of community water
24    supplies to assess and collect revenue;
25        (5) variations in financial resources among individual
26    households within a service area; and

 

 

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1        (6) the protection of low-income households from rate
2    increases.
3    (aa) Within 10 years after January 1, 2022 (the effective
4date of Public Act 102-613), the Advisory Board shall prepare
5and deliver a report to the Governor and General Assembly
6concerning the status of all lead service line replacement
7within the State.
8    (bb) The Lead Service Line Replacement Fund is created as
9a special fund in the State treasury to be used by the Agency
10for the purposes provided under this Section. The Fund shall
11be used exclusively to finance and administer programs and
12activities specified under this Section and listed under this
13subsection.
14    The objective of the Fund is to finance activities
15associated with identifying and replacing lead service lines,
16build Agency capacity to oversee the provisions of this
17Section, and provide related assistance for the activities
18listed under this subsection.
19    The Agency shall be responsible for the administration of
20the Fund and shall allocate moneys on the basis of priorities
21established by the Agency through administrative rule. On July
221, 2022 and on July 1 of each year thereafter, the Agency shall
23determine the available amount of resources in the Fund that
24can be allocated to the activities identified under this
25Section and shall allocate the moneys accordingly.
26    Notwithstanding any other law to the contrary, the Lead

 

 

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1Service Line Replacement Fund is not subject to sweeps,
2administrative charge-backs, or any other fiscal maneuver that
3would in any way transfer any amounts from the Lead Service
4Line Replacement Fund into any other fund of the State.
5    (cc) Within one year after January 1, 2022 (the effective
6date of Public Act 102-613), the Agency shall design rules for
7a program for the purpose of administering lead service line
8replacement funds. The rules must, at minimum, contain:
9        (1) the process by which community water supplies may
10    apply for funding; and
11        (2) the criteria for determining unit of local
12    government eligibility and prioritization for funding,
13    including the prevalence of low-income households, as
14    measured by median household income, the prevalence of
15    lead service lines, and the prevalence of water samples
16    that demonstrate elevated levels of lead.
17    (dd) Funding under subsection (cc) shall be available for
18costs directly attributable to the planning, design, or
19construction directly related to the replacement of lead
20service lines and restoration of property.
21    Funding shall not be used for the general operating
22expenses of a municipality or community water supply.
23    (ee) An owner or operator of any community water supply
24receiving grant funding under subsection (cc) shall bear the
25entire expense of full lead service line replacement for all
26lead service lines in the scope of the grant.

 

 

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1    (ff) When replacing a lead service line, the owner or
2operator of the community water supply shall replace the
3service line in its entirety, including, but not limited to,
4any portion of the service line (i) running on private
5property and (ii) within the building's plumbing at the first
6shut-off valve. Partial lead service line replacements are
7expressly prohibited. Exceptions shall be made under the
8following circumstances:
9        (1) In the event of an emergency repair that affects a
10    lead service line or a suspected lead service line, a
11    community water supply must contact the building owner to
12    begin the process of replacing the entire service line. If
13    the building owner is not able to be contacted or the
14    building owner or occupant refuses to grant access and
15    permission to replace the entire service line at the time
16    of the emergency repair, then the community water supply
17    may perform a partial lead service line replacement. Where
18    an emergency repair on a service line constructed of lead
19    or galvanized steel pipe results in a partial service line
20    replacement, the water supply responsible for commencing
21    the repair shall perform the following:
22            (A) Notify the building's owner or operator and
23        the resident or residents served by the lead service
24        line in writing that a repair has been completed. The
25        notification shall include, at a minimum:
26                (i) a warning that the work may result in

 

 

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1            sediment, possibly containing lead, in the
2            buildings water supply system;
3                (ii) information concerning practices for
4            preventing the consumption of any lead in drinking
5            water, including a recommendation to flush water
6            distribution pipe during and after the completion
7            of the repair or replacement work and to clean
8            faucet aerator screens; and
9                (iii) information regarding the dangers of
10            lead to young children and pregnant women.
11            (B) Provide filters for at least one fixture
12        supplying potable water for consumption. The filter
13        must be certified by an accredited third-party
14        certification body to NSF/ANSI 53 and NSF/ANSI 42 for
15        the reduction of lead and particulate. The filter must
16        be provided until such time that the remaining
17        portions of the service line have been replaced with a
18        material approved by the Department or a waiver has
19        been issued under subsection (ii).
20            (C) Replace the remaining portion of the lead
21        service line within 30 days of the repair, or 120 days
22        in the event of weather or other circumstances beyond
23        reasonable control that prohibits construction. If a
24        complete lead service line replacement cannot be made
25        within the required period, the community water supply
26        responsible for commencing the repair shall notify the

 

 

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1        Department in writing, at a minimum, of the following
2        within 24 hours of the repair:
3                (i) an explanation of why it is not feasible
4            to replace the remaining portion of the lead
5            service line within the allotted time; and
6                (ii) a timeline for when the remaining portion
7            of the lead service line will be replaced.
8            (D) If complete repair of a lead service line
9        cannot be completed due to denial by the property
10        owner, the community water supply commencing the
11        repair shall request the affected property owner to
12        sign a waiver developed by the Department. If a
13        property owner of a nonresidential building or
14        residence operating as rental properties denies a
15        complete lead service line replacement, the property
16        owner shall be responsible for installing and
17        maintaining point-of-use filters certified by an
18        accredited third-party certification body to NSF/ANSI
19        53 and NSF/ANSI 42 for the reduction of lead and
20        particulate at all fixtures intended to supply water
21        for the purposes of drinking, food preparation, or
22        making baby formula. The filters shall continue to be
23        supplied by the property owner until such time that
24        the property owner has affected the remaining portions
25        of the lead service line to be replaced.
26            (E) Document any remaining lead service line,

 

 

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1        including a portion on the private side of the
2        property, in the community water supply's distribution
3        system materials inventory required under subsection
4        (d).
5        For the purposes of this paragraph (1), written notice
6    shall be provided in the method and according to the
7    provisions of subsection (jj).
8        (2) Lead service lines that are physically
9    disconnected from the distribution system are exempt from
10    this subsection.
11    (gg) Except as provided in subsection (hh), on and after
12January 1, 2022, when the owner or operator of a community
13water supply replaces a water main, the community water supply
14shall identify all lead service lines connected to the water
15main and shall replace the lead service lines by:
16        (1) identifying the material or materials of each lead
17    service line connected to the water main, including, but
18    not limited to, any portion of the service line (i)
19    running on private property and (ii) within the building
20    plumbing at the first shut-off valve or 18 inches inside
21    the building, whichever is shorter;
22        (2) in conjunction with replacement of the water main,
23    replacing any and all portions of each lead service line
24    connected to the water main that are composed of lead; and
25        (3) if a property owner or customer refuses to grant
26    access to the property, following prescribed notice

 

 

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1    provisions as outlined in subsection (ff).
2    If an owner of a potentially affected building intends to
3replace a portion of a lead service line or a galvanized
4service line and the galvanized service line is or was
5connected downstream to lead piping, then the owner of the
6potentially affected building shall provide the owner or
7operator of the community water supply with notice at least 45
8days before commencing the work. In the case of an emergency
9repair, the owner of the potentially affected building must
10provide filters for each kitchen area that are certified by an
11accredited third-party certification body to NSF/ANSI 53 and
12NSF/ANSI 42 for the reduction of lead and particulate. If the
13owner of the potentially affected building notifies the owner
14or operator of the community water supply that replacement of
15a portion of the lead service line after the emergency repair
16is completed, then the owner or operator of the community
17water supply shall replace the remainder of the lead service
18line within 30 days after completion of the emergency repair.
19A community water supply may take up to 120 days if necessary
20due to weather conditions. If a replacement takes longer than
2130 days, filters provided by the owner of the potentially
22affected building must be replaced in accordance with the
23manufacturer's recommendations. Partial lead service line
24replacements by the owners of potentially affected buildings
25are otherwise prohibited.
26    (hh) For municipalities with a population in excess of

 

 

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11,000,000 inhabitants, the requirements of subsection (gg)
2shall commence on January 1, 2023.
3    (ii) At least 45 days before conducting planned lead
4service line replacement, the owner or operator of a community
5water supply shall, by mail, attempt to contact the owner of
6the potentially affected building serviced by the lead service
7line to request access to the building and permission to
8replace the lead service line in accordance with the lead
9service line replacement plan. If the owner of the potentially
10affected building does not respond to the request within 15
11days after the request is sent, the owner or operator of the
12community water supply shall attempt to post the request on
13the entrance of the potentially affected building.
14    If the owner or operator of a community water supply is
15unable to obtain approval to access and replace a lead service
16line, the owner or operator of the community water supply
17shall request that the owner of the potentially affected
18building sign a waiver. The waiver shall be developed by the
19Department and should be made available in the owner's
20language. If the owner of the potentially affected building
21refuses to sign the waiver or fails to respond to the community
22water supply after the community water supply has complied
23with this subsection, then the community water supply shall
24notify the Department in writing within 15 working days.
25    (jj) When replacing a lead service line or repairing or
26replacing water mains with lead service lines or partial lead

 

 

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1service lines attached to them, the owner or operator of a
2community water supply shall provide the owner of each
3potentially affected building that is serviced by the affected
4lead service lines or partial lead service lines, as well as
5the occupants of those buildings, with an individual written
6notice. The notice shall be delivered by mail or posted at the
7primary entranceway of the building. The notice must may, in
8addition, be electronically mailed where an electronic mailing
9address is known or can be reasonably obtained. Written notice
10shall include, at a minimum, the following:
11        (1) a warning that the work may result in sediment,
12    possibly containing lead from the service line, in the
13    building's water;
14        (2) information concerning the best practices for
15    preventing exposure to or risk of consumption of lead in
16    drinking water, including a recommendation to flush water
17    lines during and after the completion of the repair or
18    replacement work and to clean faucet aerator screens; and
19        (3) information regarding the dangers of lead exposure
20    to young children and pregnant women.
21    When the individual written notice described in the first
22paragraph of this subsection is required as a result of
23planned work other than the repair or replacement of a water
24meter, the owner or operator of the community water supply
25shall provide the notice not less than 14 days before work
26begins. When the individual written notice described in the

 

 

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1first paragraph of this subsection is required as a result of
2emergency repairs other than the repair or replacement of a
3water meter, the owner or operator of the community water
4supply shall provide the notice at the time the work is
5initiated. When the individual written notice described in the
6first paragraph of this subsection is required as a result of
7the repair or replacement of a water meter, the owner or
8operator of the community water supply shall provide the
9notice at the time the work is initiated.
10    The notifications required under this subsection must
11contain the following statement in Spanish, Polish, Chinese,
12Tagalog, Arabic, Korean, German, Urdu, and Gujarati: "This
13notice contains important information about your water service
14and may affect your rights. We encourage you to have this
15notice translated in full into a language you understand and
16before you make any decisions that may be required under this
17notice."
18    An owner or operator of a community water supply that is
19required under this subsection to provide an individual
20written notice to the owner and occupant of a potentially
21affected building that is a multi-dwelling building may
22satisfy that requirement and the requirements of this
23subsection regarding notification to non-English speaking
24customers by posting the required notice on the primary
25entranceway of the building and at the location where the
26occupant's mail is delivered as reasonably as possible.

 

 

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1    When this subsection would require the owner or operator
2of a community water supply to provide an individual written
3notice to the entire community served by the community water
4supply or would require the owner or operator of a community
5water supply to provide individual written notices as a result
6of emergency repairs or when the community water supply that
7is required to comply with this subsection is a small system,
8the owner or operator of the community water supply may
9provide the required notice through local media outlets,
10social media, or other similar means in lieu of providing the
11individual written notices otherwise required under this
12subsection.
13    No notifications are required under this subsection for
14work performed on water mains that are used to transmit
15treated water between community water supplies and properties
16that have no service connections.
17    (kk) No community water supply that sells water to any
18wholesale or retail consecutive community water supply may
19pass on any costs associated with compliance with this Section
20to consecutive systems.
21    (ll) To the extent allowed by law, when a community water
22supply replaces or installs a lead service line in a public
23right-of-way or enters into an agreement with a private
24contractor for replacement or installation of a lead service
25line, the community water supply shall be held harmless for
26all damage to property when replacing or installing the lead

 

 

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1service line. If dangers are encountered that prevent the
2replacement of the lead service line, the community water
3supply shall notify the Department within 15 working days of
4why the replacement of the lead service line could not be
5accomplished.
6    (mm) The Agency may propose to the Board, and the Board may
7adopt, any rules necessary to implement and administer this
8Section. The Department may adopt rules necessary to address
9lead service lines attached to non-community water supplies.
10    (nn) Notwithstanding any other provision in this Section,
11no requirement in this Section shall be construed as being
12less stringent than existing applicable federal requirements.
13    (oo) All lead service line replacements financed in whole
14or in part with funds obtained under this Section shall be
15considered public works for purposes of the Prevailing Wage
16Act.
17    (pp) A municipality with a population of more than
181,000,000 inhabitants shall publicly post on its website or
19arrange with the Agency to have posted on the Agency's website
20data describing progress the municipality has made toward
21replacing lead service lines within the municipality. The data
22reported under this subsection (pp) shall be based on the
23number of lead service lines replaced and not observed changes
24in the concentration of lead in drinking water samples
25collected.
26(Source: P.A. 102-613, eff. 1-1-22; 102-813, eff. 5-13-22.)