Rep. Hoan Huynh

Filed: 3/15/2023

 

 


 

 


 
10300HB2776ham001LRB103 28485 JDS 59088 a

1
AMENDMENT TO HOUSE BILL 2776

2    AMENDMENT NO. ______. Amend House Bill 2776 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1lines; and (2) prohibit partial lead service line
2replacements, except as authorized within this Section.
3    (b) The General Assembly finds and declares that:
4        (1) There is no safe level of exposure to heavy metal
5    lead, as found by the United States Environmental
6    Protection Agency and the Centers for Disease Control and
7    Prevention.
8        (2) Lead service lines can convey this harmful
9    substance to the drinking water supply.
10        (3) According to the Illinois Environmental Protection
11    Agency's 2018 Service Line Material Inventory, the State
12    of Illinois is estimated to have over 680,000 lead-based
13    service lines still in operation.
14        (4) The true number of lead service lines is not fully
15    known because Illinois lacks an adequate inventory of lead
16    service lines.
17        (5) For the general health, safety and welfare of its
18    residents, all lead service lines in Illinois should be
19    disconnected from the drinking water supply, and the
20    State's drinking water supply.
21    (c) In this Section:
22    "Advisory Board" means the Lead Service Line Replacement
23Advisory Board created under subsection (x).
24    "Community water supply" has the meaning ascribed to it in
25Section 3.145 of this Act.
26    "Department" means the Department of Public Health.

 

 

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1    "Emergency repair" means any unscheduled water main, water
2service, or water valve repair or replacement that results
3from failure or accident.
4    "Fund" means the Lead Service Line Replacement Fund
5created under subsection (bb).
6    "Lead service line" means a service line made of lead or
7service line connected to a lead pigtail, lead gooseneck, or
8other lead fitting.
9    "Material inventory" means a water service line material
10inventory developed by a community water supply under this
11Act.
12    "Non-community water supply" has the meaning ascribed to
13it in Section 3.145 of the Environmental Protection Act.
14    "NSF/ANSI Standard" means a water treatment standard
15developed by NSF International.
16    "Partial lead service line replacement" means replacement
17of only a portion of a lead service line.
18    "Potentially affected building" means any building that is
19provided water service through a service line that is either a
20lead service line or a suspected lead service line.
21    "Public water supply" has the meaning ascribed to it in
22Section 3.365 of this Act.
23    "Service line" means the piping, tubing, and necessary
24appurtenances acting as a conduit from the water main or
25source of potable water supply to the building plumbing at the
26first shut-off valve or 18 inches inside the building,

 

 

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1whichever is shorter.
2    "Suspected lead service line" means a service line that a
3community water supply finds more likely than not to be made of
4lead after completing the requirements under paragraphs (2)
5through (5) of subsection (h).
6    "Small system" means a community water supply that
7regularly serves water to 3,300 or fewer persons.
8    (d) An owner or operator of a community water supply
9shall:
10        (1) develop an initial material inventory by April 15,
11    2022 and electronically submit by April 15, 2023 an
12    updated material inventory electronically to the Agency;
13    and
14        (2) deliver a complete material inventory to the
15    Agency no later than April 15, 2024, or such time as
16    required by federal law, whichever is sooner. The complete
17    inventory shall report the composition of all service
18    lines in the community water supply's distribution system.
19    (e) The Agency shall review and approve the final material
20inventory submitted to it under subsection (d).
21    (f) If a community water supply does not submit a complete
22inventory to the Agency by April 15, 2024 under paragraph (2)
23of subsection (d), the community water supply may apply for an
24extension to the Agency no less than 3 months prior to the due
25date. The Agency shall develop criteria for granting material
26inventory extensions. When considering requests for extension,

 

 

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1the Agency shall, at a minimum, consider:
2        (1) the number of service connections in a water
3    supply; and
4        (2) the number of service lines of an unknown material
5    composition.
6    (g) A material inventory prepared for a community water
7supply under subsection (d) shall identify:
8        (1) the total number of service lines connected to the
9    community water supply's distribution system;
10        (2) the materials of construction of each service line
11    connected to the community water supply's distribution
12    system;
13        (3) the number of suspected lead service lines that
14    were newly identified in the material inventory for the
15    community water supply after the community water supply
16    last submitted a service line inventory to the Agency; and
17        (4) the number of suspected or known lead service
18    lines that were replaced after the community water supply
19    last submitted a service line inventory to the Agency, and
20    the material of the service line that replaced each lead
21    service line.
22    When identifying the materials of construction under
23paragraph (2) of this subsection, the owner or operator of the
24community water supply shall to the best of the owner's or
25operator's ability identify the type of construction material
26used on the customer's side of the curb box, meter, or other

 

 

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1line of demarcation and the community water supply's side of
2the curb box, meter, or other line of demarcation.
3    (h) In completing a material inventory under subsection
4(d), the owner or operator of a community water supply shall:
5        (1) prioritize inspections of high-risk areas
6    identified by the community water supply and inspections
7    of high-risk facilities, such as preschools, day care
8    centers, day care homes, group day care homes, parks,
9    playgrounds, hospitals, and clinics, and confirm service
10    line materials in those areas and at those facilities;
11        (2) review historical documentation, such as
12    construction logs or cards, as-built drawings, purchase
13    orders, and subdivision plans, to determine service line
14    material construction;
15        (3) when conducting distribution system maintenance,
16    visually inspect service lines and document materials of
17    construction;
18        (4) identify any time period when the service lines
19    being connected to its distribution system were primarily
20    lead service lines, if such a time period is known or
21    suspected; and
22        (5) discuss service line repair and installation with
23    its employees, contractors, plumbers, other workers who
24    worked on service lines connected to its distribution
25    system, or all of the above.
26    (i) The owner or operator of each community water supply

 

 

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1shall maintain records of persons who refuse to grant access
2to the interior of a building for purposes of identifying the
3materials of construction of a service line. If a community
4water supply has been denied access on the property or to the
5interior of a building for that reason, then the community
6water supply shall attempt to identify the service line as a
7suspected lead service line, unless documentation is provided
8showing otherwise.
9    (j) If a community water supply identifies a lead service
10line connected to a building, the owner or operator of the
11community water supply shall attempt to notify the owner of
12the building and all occupants of the building of the
13existence of the lead service line within 15 days after
14identifying the lead service line, or as soon as is reasonably
15possible thereafter. Individual written notice shall be given
16according to the provisions of subsection (jj).
17    (k) An owner or operator of a community water supply has no
18duty to include in the material inventory required under
19subsection (d) information about service lines that are
20physically disconnected from a water main in its distribution
21system.
22    (l) The owner or operator of each community water supply
23shall post on its website a copy of the most recently submitted
24material inventory or alternatively may request that the
25Agency post a copy of that material inventory on the Agency's
26website.

 

 

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1    (m) Nothing in this Section shall be construed to require
2service lines to be unearthed for the sole purpose of
3inventorying.
4    (n) When an owner or operator of a community water supply
5awards a contract under this Section, the owner or operator
6shall make a good faith effort to use contractors and vendors
7owned by minority persons, women, and persons with a
8disability, as those terms are defined in Section 2 of the
9Business Enterprise for Minorities, Women, and Persons with
10Disabilities Act, for not less than 20% of the total
11contracts, provided that:
12        (1) contracts representing at least 11% of the total
13    projects shall be awarded to minority-owned businesses, as
14    defined in Section 2 of the Business Enterprise for
15    Minorities, Women, and Persons with Disabilities Act;
16        (2) contracts representing at least 7% of the total
17    projects shall be awarded to women-owned businesses, as
18    defined in Section 2 of the Business Enterprise for
19    Minorities, Women, and Persons with Disabilities Act; and
20        (3) contracts representing at least 2% of the total
21    projects shall be awarded to businesses owned by persons
22    with a disability.
23    Owners or operators of a community water supply are
24encouraged to divide projects, whenever economically feasible,
25into contracts of smaller size that ensure small business
26contractors or vendors shall have the ability to qualify in

 

 

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1the applicable bidding process, when determining the ability
2to deliver on a given contract based on scope and size, as a
3responsible and responsive bidder.
4    When a contractor or vendor submits a bid or letter of
5intent in response to a request for proposal or other bid
6submission, the contractor or vendor shall include with its
7responsive documents a utilization plan that shall address how
8compliance with applicable good faith requirements set forth
9in this subsection shall be addressed.
10    Under this subsection, "good faith effort" means a
11community water supply has taken all necessary steps to comply
12with the goals of this subsection by complying with the
13following:
14        (1) Soliciting through reasonable and available means
15    the interest of a business, as defined in Section 2 of the
16    Business Enterprise for Minorities, Women, and Persons
17    with Disabilities Act, that have the capability to perform
18    the work of the contract. The community water supply must
19    solicit this interest within sufficient time to allow
20    certified businesses to respond.
21        (2) Providing interested certified businesses with
22    adequate information about the plans, specifications, and
23    requirements of the contract, including addenda, in a
24    timely manner to assist them in responding to the
25    solicitation.
26        (3) Meeting in good faith with interested certified

 

 

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1    businesses that have submitted bids.
2        (4) Effectively using the services of the State,
3    minority or women community organizations, minority or
4    women contractor groups, local, State, and federal
5    minority or women business assistance offices, and other
6    organizations to provide assistance in the recruitment and
7    placement of certified businesses.
8        (5) Making efforts to use appropriate forums for
9    purposes of advertising subcontracting opportunities
10    suitable for certified businesses.
11    The diversity goals defined in this subsection can be met
12through direct award to diverse contractors and through the
13use of diverse subcontractors and diverse vendors to
14contracts.
15    (o) An owner or operator of a community water supply shall
16collect data necessary to ensure compliance with subsection
17(n) no less than semi-annually and shall include progress
18toward compliance of subsection (n) in the owner or operator's
19report required under subsection (t-5). The report must
20include data on vendor and employee diversity, including data
21on the owner's or operator's implementation of subsection (n).
22    (p) Every owner or operator of a community water supply
23that has known or suspected lead service lines shall:
24        (1) create a plan to:
25            (A) replace each lead service line connected to
26        its distribution system; and

 

 

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

 

 

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

 

 

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1    as preschools, day care centers, day care homes, group day
2    care homes, parks, playgrounds, hospitals, and clinics, as
3    well as high-risk areas identified by the community water
4    supply;
5        (9) a map of the areas where lead service lines are
6    expected to be found and the sequence with which those
7    areas will be inventoried and lead service lines replaced;
8        (10) measures for how the community water supply will
9    inform the public of the plan and provide opportunity for
10    public comment; and
11        (11) measures to encourage diversity in hiring in the
12    workforce required to implement the plan as identified
13    under subsection (n).
14    (r) The Agency shall review final plans submitted to it
15under subsection (p). The Agency shall approve a final plan if
16the final plan includes all of the elements set forth under
17subsection (q) and the Agency determines that:
18        (1) the proposed lead service line replacement
19    schedule set forth in the plan aligns with the timeline
20    requirements set forth under subsection (v);
21        (2) the plan prioritizes the replacement of lead
22    service lines that provide water service to high-risk
23    facilities, such as preschools, day care centers, day care
24    homes, group day care homes, parks, playgrounds,
25    hospitals, and clinics, and high-risk areas identified by
26    the community water supply;

 

 

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1        (3) the plan includes analysis of cost and financing
2    options; and
3        (4) the plan provides documentation of public review.
4    (s) An owner or operator of a community water supply has no
5duty to include in the plans required under subsection (p)
6information about service lines that are physically
7disconnected from a water main in its distribution system.
8    (t) If a community water supply does not deliver a
9complete plan to the Agency by April 15, 2027, the community
10water supply may apply to the Agency for an extension no less
11than 3 months prior to the due date. The Agency shall develop
12criteria for granting plan extensions. When considering
13requests for extension, the Agency shall, at a minimum,
14consider:
15        (1) the number of service connections in a water
16    supply; and
17        (2) the number of service lines of an unknown material
18    composition.
19    (t-5) After the Agency has approved the final replacement
20plan described in subsection (p), the owner or operator of a
21community water supply shall submit a report detailing
22progress toward plan goals to the Agency for its review. The
23report shall be submitted annually for the first 10 years, and
24every 3 years thereafter until all lead service lines have
25been replaced. Reports under this subsection shall be
26published in the same manner described in subsection (l). The

 

 

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1report shall include at least the following information as it
2pertains to the preceding reporting period:
3        (1) The number of lead service lines replaced and the
4    average cost of lead service line replacement.
5        (2) Progress toward meeting hiring requirements as
6    described in subsection (n) and subsection (o).
7        (3) The percent of customers electing a waiver
8    offered, as described in subsections (ii) and (jj), among
9    those customers receiving a request or notification to
10    perform a lead service line replacement.
11        (4) The method or methods used by the community water
12    supply to finance lead service line replacement.
13    (u) Notwithstanding any other provision of law, in order
14to provide for costs associated with lead service line
15remediation and replacement, the corporate authorities of a
16municipality may, by ordinance or resolution by the corporate
17authorities, exercise authority provided in Section 27-5 et
18seq. of the Property Tax Code and Sections 8-3-1, 8-11-1,
198-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq.,
2011-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes
21levied for this purpose shall be in addition to taxes for
22general purposes authorized under Section 8-3-1 of the
23Illinois Municipal Code and shall be included in the taxing
24district's aggregate extension for the purposes of Division 5
25of Article 18 of the Property Tax Code.
26    (v) Every owner or operator of a community water supply

 

 

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1shall replace all known lead service lines, subject to the
2requirements of subsection (ff), according to the following
3replacement rates and timelines to be calculated from the date
4of submission of the final replacement plan to the Agency:
5        (1) A community water supply reporting 1,200 or fewer
6    lead service lines in its final inventory and replacement
7    plan shall replace all lead service lines, at an annual
8    rate of no less than 7% of the amount described in the
9    final inventory, with a timeline of up to 15 years for
10    completion.
11        (2) A community water supply reporting more than 1,200
12    but fewer than 5,000 lead service lines in its final
13    inventory and replacement plan shall replace all lead
14    service lines, at an annual rate of no less than 6% of the
15    amount described in the final inventory, with a timeline
16    of up to 17 years for completion.
17        (3) A community water supply reporting more than 4,999
18    but fewer than 10,000 lead service lines in its final
19    inventory and replacement plan shall replace all lead
20    service lines, at an annual rate of no less than 5% of the
21    amount described in the final inventory, with a timeline
22    of up to 20 years for completion.
23        (4) A community water supply reporting more than 9,999
24    but fewer than 99,999 lead service lines in its final
25    inventory and replacement plan shall replace all lead
26    service lines, at an annual rate of no less than 3% of the

 

 

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1    amount described in the final inventory, with a timeline
2    of up to 34 years for completion.
3        (5) A community water supply reporting more than
4    99,999 lead service lines in its final inventory and
5    replacement plan shall replace all lead service lines, at
6    an annual rate of no less than 2% of the amount described
7    in the final inventory, with a timeline of up to 50 years
8    for completion.
9    (w) A community water supply may apply to the Agency for an
10extension to the replacement timelines described in paragraphs
11(1) through (5) of subsection (v). The Agency shall develop
12criteria for granting replacement timeline extensions. When
13considering requests for timeline extensions, the Agency
14shall, at a minimum, consider:
15        (1) the number of service connections in a water
16    supply; and
17        (2) unusual circumstances creating hardship for a
18    community.
19    The Agency may grant one extension of additional time
20equal to not more than 20% of the original replacement
21timeline, except in situations of extreme hardship in which
22the Agency may consider a second additional extension equal to
23not more than 10% of the original replacement timeline.
24    Replacement rates and timelines shall be calculated from
25the date of submission of the final plan to the Agency.
26    (x) The Lead Service Line Replacement Advisory Board is

 

 

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1created within the Agency. The Advisory Board shall convene
2within 120 days after January 1, 2022 (the effective date of
3Public Act 102-613).
4    The Advisory Board shall consist of at least 28 voting
5members, as follows:
6        (1) the Director of the Agency, or his or her
7    designee, who shall serve as chairperson;
8        (2) the Director of Revenue, or his or her designee;
9        (3) the Director of Public Health, or his or her
10    designee;
11        (4) fifteen members appointed by the Agency as
12    follows:
13            (A) one member representing a statewide
14        organization of municipalities as authorized by
15        Section 1-8-1 of the Illinois Municipal Code;
16            (B) two members who are mayors representing
17        municipalities located in any county south of the
18        southernmost county represented by one of the 10
19        largest municipalities in Illinois by population, or
20        their respective designees;
21            (C) two members who are representatives from
22        public health advocacy groups;
23            (D) two members who are representatives from
24        publicly-owned water utilities;
25            (E) one member who is a representative from a
26        public utility as defined under Section 3-105 of the

 

 

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1        Public Utilities Act that provides water service in
2        the State of Illinois;
3            (F) one member who is a research professional
4        employed at an Illinois academic institution and
5        specializing in water infrastructure research;
6            (G) two members who are representatives from
7        nonprofit civic organizations;
8            (H) one member who is a representative from a
9        statewide organization representing environmental
10        organizations;
11            (I) two members who are representatives from
12        organized labor; and
13            (J) one member representing an environmental
14        justice organization; and
15        (5) ten members who are the mayors of the 10 largest
16    municipalities in Illinois by population, or their
17    respective designees.
18    No less than 10 of the 28 voting members shall be persons
19of color, and no less than 3 shall represent communities
20defined or self-identified as environmental justice
21communities.
22    Advisory Board members shall serve without compensation,
23but may be reimbursed for necessary expenses incurred in the
24performance of their duties from funds appropriated for that
25purpose. The Agency shall provide administrative support to
26the Advisory Board.

 

 

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1    The Advisory Board shall meet no less than once every 6
2months.
3    (y) The Advisory Board shall have, at a minimum, the
4following duties:
5        (1) advising the Agency on best practices in lead
6    service line replacement;
7        (2) reviewing the progress of community water supplies
8    toward lead service line replacement goals;
9        (3) advising the Agency on other matters related to
10    the administration of the provisions of this Section;
11        (4) advising the Agency on the integration of existing
12    lead service line replacement plans with any statewide
13    plan; and
14        (5) providing technical support and practical
15    expertise in general.
16    (z) Within 18 months after January 1, 2022 (the effective
17date of Public Act 102-613), the Advisory Board shall deliver
18a report of its recommendations to the Governor and the
19General Assembly concerning opportunities for dedicated,
20long-term revenue options for funding lead service line
21replacement. In submitting recommendations, the Advisory Board
22shall consider, at a minimum, the following:
23        (1) the sufficiency of various revenue sources to
24    adequately fund replacement of all lead service lines in
25    Illinois;
26        (2) the financial burden, if any, on households

 

 

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1    falling below 150% of the federal poverty limit;
2        (3) revenue options that guarantee low-income
3    households are protected from rate increases;
4        (4) an assessment of the ability of community water
5    supplies to assess and collect revenue;
6        (5) variations in financial resources among individual
7    households within a service area; and
8        (6) the protection of low-income households from rate
9    increases.
10    (aa) Within 10 years after January 1, 2022 (the effective
11date of Public Act 102-613), the Advisory Board shall prepare
12and deliver a report to the Governor and General Assembly
13concerning the status of all lead service line replacement
14within the State.
15    (bb) The Lead Service Line Replacement Fund is created as
16a special fund in the State treasury to be used by the Agency
17for the purposes provided under this Section. The Fund shall
18be used exclusively to finance and administer programs and
19activities specified under this Section and listed under this
20subsection.
21    The objective of the Fund is to finance activities
22associated with identifying and replacing lead service lines,
23build Agency capacity to oversee the provisions of this
24Section, and provide related assistance for the activities
25listed under this subsection.
26    The Agency shall be responsible for the administration of

 

 

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1the Fund and shall allocate moneys on the basis of priorities
2established by the Agency through administrative rule. On July
31, 2022 and on July 1 of each year thereafter, the Agency shall
4determine the available amount of resources in the Fund that
5can be allocated to the activities identified under this
6Section and shall allocate the moneys accordingly.
7    Notwithstanding any other law to the contrary, the Lead
8Service Line Replacement Fund is not subject to sweeps,
9administrative charge-backs, or any other fiscal maneuver that
10would in any way transfer any amounts from the Lead Service
11Line Replacement Fund into any other fund of the State.
12    (cc) Within one year after January 1, 2022 (the effective
13date of Public Act 102-613), the Agency shall design rules for
14a program for the purpose of administering lead service line
15replacement funds. The rules must, at minimum, contain:
16        (1) the process by which community water supplies may
17    apply for funding; and
18        (2) the criteria for determining unit of local
19    government eligibility and prioritization for funding,
20    including the prevalence of low-income households, as
21    measured by median household income, the prevalence of
22    lead service lines, and the prevalence of water samples
23    that demonstrate elevated levels of lead.
24    (dd) Funding under subsection (cc) shall be available for
25costs directly attributable to the planning, design, or
26construction directly related to the replacement of lead

 

 

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1service lines and restoration of property.
2    Funding shall not be used for the general operating
3expenses of a municipality or community water supply.
4    (ee) An owner or operator of any community water supply
5receiving grant funding under subsection (cc) shall bear the
6entire expense of full lead service line replacement for all
7lead service lines in the scope of the grant.
8    (ff) When replacing a lead service line, the owner or
9operator of the community water supply shall replace the
10service line in its entirety, including, but not limited to,
11any portion of the service line (i) running on private
12property and (ii) within the building's plumbing at the first
13shut-off valve. Partial lead service line replacements are
14expressly prohibited. Exceptions shall be made under the
15following circumstances:
16        (1) In the event of an emergency repair that affects a
17    lead service line or a suspected lead service line, a
18    community water supply must contact the building owner to
19    begin the process of replacing the entire service line. If
20    the building owner is not able to be contacted or the
21    building owner or occupant refuses to grant access and
22    permission to replace the entire service line at the time
23    of the emergency repair, then the community water supply
24    may perform a partial lead service line replacement. Where
25    an emergency repair on a service line constructed of lead
26    or galvanized steel pipe results in a partial service line

 

 

10300HB2776ham001- 24 -LRB103 28485 JDS 59088 a

1    replacement, the water supply responsible for commencing
2    the repair shall perform the following:
3            (A) Notify the building's owner or operator and
4        the resident or residents served by the lead service
5        line in writing that a repair has been completed. The
6        notification shall include, at a minimum:
7                (i) a warning that the work may result in
8            sediment, possibly containing lead, in the
9            buildings water supply system;
10                (ii) information concerning practices for
11            preventing the consumption of any lead in drinking
12            water, including a recommendation to flush water
13            distribution pipe during and after the completion
14            of the repair or replacement work and to clean
15            faucet aerator screens; and
16                (iii) information regarding the dangers of
17            lead to young children and pregnant women.
18            (B) Provide filters for at least one fixture
19        supplying potable water for consumption. The filter
20        must be certified by an accredited third-party
21        certification body to NSF/ANSI 53 and NSF/ANSI 42 for
22        the reduction of lead and particulate. The filter must
23        be provided until such time that the remaining
24        portions of the service line have been replaced with a
25        material approved by the Department or a waiver has
26        been issued under subsection (ii).

 

 

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1            (C) Replace the remaining portion of the lead
2        service line within 30 days of the repair, or 120 days
3        in the event of weather or other circumstances beyond
4        reasonable control that prohibits construction. If a
5        complete lead service line replacement cannot be made
6        within the required period, the community water supply
7        responsible for commencing the repair shall notify the
8        Department in writing, at a minimum, of the following
9        within 24 hours of the repair:
10                (i) an explanation of why it is not feasible
11            to replace the remaining portion of the lead
12            service line within the allotted time; and
13                (ii) a timeline for when the remaining portion
14            of the lead service line will be replaced.
15            (D) If complete repair of a lead service line
16        cannot be completed due to denial by the property
17        owner, the community water supply commencing the
18        repair shall request the affected property owner to
19        sign a waiver developed by the Department. If a
20        property owner of a nonresidential building or
21        residence operating as rental properties denies a
22        complete lead service line replacement, the property
23        owner shall be responsible for installing and
24        maintaining point-of-use filters certified by an
25        accredited third-party certification body to NSF/ANSI
26        53 and NSF/ANSI 42 for the reduction of lead and

 

 

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1        particulate at all fixtures intended to supply water
2        for the purposes of drinking, food preparation, or
3        making baby formula. The filters shall continue to be
4        supplied by the property owner until such time that
5        the property owner has affected the remaining portions
6        of the lead service line to be replaced.
7            (E) Document any remaining lead service line,
8        including a portion on the private side of the
9        property, in the community water supply's distribution
10        system materials inventory required under subsection
11        (d).
12        For the purposes of this paragraph (1), written notice
13    shall be provided in the method and according to the
14    provisions of subsection (jj).
15        (2) Lead service lines that are physically
16    disconnected from the distribution system are exempt from
17    this subsection.
18    (gg) Except as provided in subsection (hh), on and after
19January 1, 2022, when the owner or operator of a community
20water supply replaces a water main, the community water supply
21shall identify all lead service lines connected to the water
22main and shall replace the lead service lines by:
23        (1) identifying the material or materials of each lead
24    service line connected to the water main, including, but
25    not limited to, any portion of the service line (i)
26    running on private property and (ii) within the building

 

 

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1    plumbing at the first shut-off valve or 18 inches inside
2    the building, whichever is shorter;
3        (2) in conjunction with replacement of the water main,
4    replacing any and all portions of each lead service line
5    connected to the water main that are composed of lead; and
6        (3) if a property owner or customer refuses to grant
7    access to the property, following prescribed notice
8    provisions as outlined in subsection (ff).
9    If an owner of a potentially affected building intends to
10replace a portion of a lead service line or a galvanized
11service line and the galvanized service line is or was
12connected downstream to lead piping, then the owner of the
13potentially affected building shall provide the owner or
14operator of the community water supply with notice at least 45
15days before commencing the work. In the case of an emergency
16repair, the owner of the potentially affected building must
17provide filters for each kitchen area that are certified by an
18accredited third-party certification body to NSF/ANSI 53 and
19NSF/ANSI 42 for the reduction of lead and particulate. If the
20owner of the potentially affected building notifies the owner
21or operator of the community water supply that replacement of
22a portion of the lead service line after the emergency repair
23is completed, then the owner or operator of the community
24water supply shall replace the remainder of the lead service
25line within 30 days after completion of the emergency repair.
26A community water supply may take up to 120 days if necessary

 

 

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1due to weather conditions. If a replacement takes longer than
230 days, filters provided by the owner of the potentially
3affected building must be replaced in accordance with the
4manufacturer's recommendations. Partial lead service line
5replacements by the owners of potentially affected buildings
6are otherwise prohibited.
7    (hh) For municipalities with a population in excess of
81,000,000 inhabitants, the requirements of subsection (gg)
9shall commence on January 1, 2023.
10    (ii) At least 45 days before conducting planned lead
11service line replacement, the owner or operator of a community
12water supply shall, by mail, attempt to contact the owner of
13the potentially affected building serviced by the lead service
14line to request access to the building and permission to
15replace the lead service line in accordance with the lead
16service line replacement plan. If the owner of the potentially
17affected building does not respond to the request within 15
18days after the request is sent, the owner or operator of the
19community water supply shall attempt to post the request on
20the entrance of the potentially affected building.
21    If the owner or operator of a community water supply is
22unable to obtain approval to access and replace a lead service
23line, the owner or operator of the community water supply
24shall request that the owner of the potentially affected
25building sign a waiver. The waiver shall be developed by the
26Department and should be made available in the owner's

 

 

10300HB2776ham001- 29 -LRB103 28485 JDS 59088 a

1language. If the owner of the potentially affected building
2refuses to sign the waiver or fails to respond to the community
3water supply after the community water supply has complied
4with this subsection, then the community water supply shall
5notify the Department in writing within 15 working days.
6    (jj) When replacing a lead service line or repairing or
7replacing water mains with lead service lines or partial lead
8service lines attached to them, the owner or operator of a
9community water supply shall provide the owner of each
10potentially affected building that is serviced by the affected
11lead service lines or partial lead service lines, as well as
12the occupants of those buildings, with an individual written
13notice. The notice shall be delivered by mail or posted at the
14primary entranceway of the building. The notice must may, in
15addition, be electronically mailed where an electronic mailing
16address is known or can be reasonably obtained. Written notice
17shall include, at a minimum, the following:
18        (1) a warning that the work may result in sediment,
19    possibly containing lead from the service line, in the
20    building's water;
21        (2) information concerning the best practices for
22    preventing exposure to or risk of consumption of lead in
23    drinking water, including a recommendation to flush water
24    lines during and after the completion of the repair or
25    replacement work and to clean faucet aerator screens; and
26        (3) information regarding the dangers of lead exposure

 

 

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1    to young children and pregnant women.
2    When the individual written notice described in the first
3paragraph of this subsection is required as a result of
4planned work other than the repair or replacement of a water
5meter, the owner or operator of the community water supply
6shall provide the notice not less than 14 days before work
7begins. When the individual written notice described in the
8first paragraph of this subsection is required as a result of
9emergency repairs other than the repair or replacement of a
10water meter, the owner or operator of the community water
11supply shall provide the notice at the time the work is
12initiated. When the individual written notice described in the
13first paragraph of this subsection is required as a result of
14the repair or replacement of a water meter, the owner or
15operator of the community water supply shall provide the
16notice at the time the work is initiated.
17    The notifications required under this subsection must
18contain the following statement in Spanish, Polish, Chinese,
19Tagalog, Arabic, Korean, German, Urdu, and Gujarati: "This
20notice contains important information about your water service
21and may affect your rights. We encourage you to have this
22notice translated in full into a language you understand and
23before you make any decisions that may be required under this
24notice."
25    An owner or operator of a community water supply that is
26required under this subsection to provide an individual

 

 

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1written notice to the owner and occupant of a potentially
2affected building that is a multi-dwelling building may
3satisfy that requirement and the requirements of this
4subsection regarding notification to non-English speaking
5customers by posting the required notice on the primary
6entranceway of the building and at the location where the
7occupant's mail is delivered as reasonably as possible.
8    When this subsection would require the owner or operator
9of a community water supply to provide an individual written
10notice to the entire community served by the community water
11supply or would require the owner or operator of a community
12water supply to provide individual written notices as a result
13of emergency repairs or when the community water supply that
14is required to comply with this subsection is a small system,
15the owner or operator of the community water supply may
16provide the required notice through local media outlets,
17social media, or other similar means in lieu of providing the
18individual written notices otherwise required under this
19subsection.
20    No notifications are required under this subsection for
21work performed on water mains that are used to transmit
22treated water between community water supplies and properties
23that have no service connections.
24    (kk) No community water supply that sells water to any
25wholesale or retail consecutive community water supply may
26pass on any costs associated with compliance with this Section

 

 

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1to consecutive systems.
2    (ll) To the extent allowed by law, when a community water
3supply replaces or installs a lead service line in a public
4right-of-way or enters into an agreement with a private
5contractor for replacement or installation of a lead service
6line, the community water supply shall be held harmless for
7all damage to property when replacing or installing the lead
8service line. If dangers are encountered that prevent the
9replacement of the lead service line, the community water
10supply shall notify the Department within 15 working days of
11why the replacement of the lead service line could not be
12accomplished.
13    (mm) The Agency may propose to the Board, and the Board may
14adopt, any rules necessary to implement and administer this
15Section. The Department may adopt rules necessary to address
16lead service lines attached to non-community water supplies.
17    (nn) Notwithstanding any other provision in this Section,
18no requirement in this Section shall be construed as being
19less stringent than existing applicable federal requirements.
20    (oo) All lead service line replacements financed in whole
21or in part with funds obtained under this Section shall be
22considered public works for purposes of the Prevailing Wage
23Act.
24    (pp) A municipality with a population of more than
251,000,000 inhabitants shall publicly post on its website or
26arrange with the Agency to have posted on the Agency's website

 

 

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1data describing progress the municipality has made toward
2replacing lead service lines within the municipality. The data
3reported under this subsection (pp) shall be based on the
4number of lead service lines replaced and not observed changes
5in the concentration of lead in drinking water samples
6collected.".
7(Source: P.A. 102-613, eff. 1-1-22; 102-813, eff. 5-13-22.)".