Illinois General Assembly - Full Text of HB5854
Illinois General Assembly

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Full Text of HB5854  102nd General Assembly




State of Illinois
2021 and 2022


Introduced , by Rep. Denyse Wang Stoneback


New Act

    Creates the Water Reuse Task Force Act. Contains the General Assembly's findings. Creates the Water Reuse Task Force. Requires the Environmental Protection Agency to provide administrative and other support to the Task Force. Specifies voting and nonvoting members of the Task Force. Contains provisions regarding the Task Force's duties and reporting responsibilities. Requires the Task Force to recommend specified changes to administrative rules and to provide the recommendations to relevant State agencies. Provides that the Act is repealed on June 31, 2031. Contains other provisions. Effective June 1, 2023.

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HB5854LRB102 29435 CPF 41433 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 1. Short title. This Act may be cited as the Water
5Reuse Task Force Act.
6    Section 5. Findings. The General Assembly finds that:
7        (1) The Illinois Nutrient Loss Reduction Strategy
8    details methods to improve water quality in Illinois and
9    in areas downstream from Illinois to reduce the Gulf of
10    Mexico's hypoxic zone.
11        (2) The Illinois Nutrient Loss Reduction Strategy sets
12    a long-term goal of reducing nutrient loading of Illinois
13    waters by 45% from their baseline levels by slashing
14    nitrogen loading of those waters by 15% and phosphorus
15    loading of those waters by 25% by no later than 2025.
16        (3) The main contributors to elevated nutrient loading
17    of Illinois waters are agriculture, point sources, and
18    urban stormwater.
19        (4) Impacts stemming from increased greenhouse gas
20    emissions after the advent of the Anthropocene epoch have
21    led to severe and unpredictable weather in Illinois and
22    worldwide.
23        (5) These changes in climate and weather patterns have



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1    and will continue to increase the risk of droughts and
2    flooding in Illinois.
3        (6) If Illinois maintains the current status quo,
4    weather unpredictability will likely require greater
5    reliance on water being sourced from groundwater and Lake
6    Michigan.
7        (7) Despite Illinois' substantial water resources,
8    groundwater levels across Illinois have been dropping from
9    their historic norms, especially in Cook County, DuPage
10    County, Kane County, Kendall County, and Will County.
11        (8) Due to a partial exemption from the water
12    withdrawal limits set forth in the Great Lakes Compact,
13    the People of Illinois are limited to withdrawing 2.1
14    billion gallons of water per day from Lake Michigan,
15    without any potential for the rate of withdrawal to be
16    increased. In 2020, Illinois withdrew 1.5 billion gallons
17    of water from Lake Michigan per day, most of which was used
18    by public water supplies.
19        (9) A ban on withdrawing water from any water source
20    without justification by scientific analysis could result
21    in a substantial cost being borne by the People of
22    Illinois and could create an unnecessary risk to water
23    security in the State.
24    Section 10. Definitions. In this Act:
25    "Agency" means the Environmental Protection Agency.



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1    "Director" means the Director of the Agency.
2    "Task Force" means the Water Reuse Task Force created
3under subsection (a) of Section 15.
4    "Water reuse" means the use of treated wastewater as
5potable or nonpotable water, as indicated.
6    Section 15. Water Reuse Task Force; members.
7    (a) The Water Reuse Task Force is hereby created. The
8Agency shall provide administrative and other support to the
9Task Force.
10    (b) The Task Force shall be composed of voting and
11nonvoting members, who shall serve without compensation:
12        (1) the voting members shall be appointed as follows:
13            (A) one member representing the Agency, who shall
14        serve as the Chair of the Task Force, appointed by the
15        Director or the Director's designated representative;
16            (B) one member representing the Department of
17        Natural Resources, appointed by the Director or the
18        Director's designated representative;
19            (C) one member representing the Department of
20        Public Health, appointed by the Director or the
21        Director's designated representative;
22            (D) one member representing the Department of
23        Agriculture who has expertise in irrigation and
24        nonpoint source pollution, appointed by the Director
25        or the Director's designated representative;



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1            (E) one member representing the University of
2        Illinois Extension, appointed by the Director of the
3        University of Illinois Extension;
4            (F) one member representing the Metropolitan Water
5        Reclamation District of Greater Chicago, appointed by
6        the President of the Board of Commissioners of the
7        Metropolitan Water Reclamation District of Greater
8        Chicago or the President's designated representative;
9            (G) one member representing a national water reuse
10        nongovernmental organization, appointed by the
11        Governor;
12            (H) four members representing national
13        nongovernmental organizations whose purpose
14        necessitates knowledge of other states' water reuse
15        practices and how those states' water reuse rules were
16        adopted, one of whom shall be appointed by the Speaker
17        of the House of Representatives, one of whom shall be
18        appointed by the Minority Leader of the House of
19        Representatives, one of whom shall be appointed by the
20        President of the Senate, and one of whom shall be
21        appointed by the Minority Leader of the Senate;
22            (I) one member representing an Illinois
23        pipefitters' union, appointed by the Governor; and
24            (J) one member representing an Illinois plumbers'
25        union, appointed by the Governor; and
26        (2) the nonvoting members shall be appointed as



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1    follows:
2            (A) one member representing the State's largest
3        general farm organization, appointed by the Governor;
4            (B) one member who represents an Illinois county
5        with a population under 100,000 that participates in
6        the State's largest general farm organization,
7        appointed by the Governor;
8            (C) one member who represents an Illinois county
9        with a population of at least 100,000 and at most
10        500,000 that participates in the State's largest
11        general farm organization, appointed by the Governor;
12            (D) one member who represents an Illinois county
13        with a population over 500,000 that participates in
14        the State's largest general farm organization,
15        appointed by the Governor;
16            (E) one member representing an Illinois Soil and
17        Water Conservation District in an Illinois county with
18        a population under 100,000, appointed by the Governor;
19            (F) one member representing an Illinois Soil and
20        Water Conservation District in an Illinois county with
21        a population of at least 100,000 and at most 500,000,
22        appointed by the Governor; and
23            (G) one member representing an Illinois Soil and
24        Water Conservation District in an Illinois county with
25        a population over 500,000, appointed by the Governor.



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1    Section 20. Task Force duties; reporting requirements.
2    (a) The Task Force shall:
3        (1) explore the most effective means, best practices,
4    and incentives that may be used to achieve greater water
5    reuse in Illinois;
6        (2) collaborate, as necessary, with the following
7    entities:
8            (A) the Department of Natural Resources' State
9        Water Plan Task Force;
10            (B) the following working groups that participate
11        in the implementation of the Illinois Nutrient Loss
12        Reduction Strategy:
13                (i) the Illinois Nutrient Loss Reduction
14            Strategy Steering Committee;
15                (ii) the Policy Working Group;
16                (iii) the Agriculture Water Quality
17            Partnership Forum;
18                (iv) the Urban Stormwater Working Group;
19                (v) the Nutrient Monitoring Council;
20                (vi) the Performance Benchmark Committee; and
21                (vii) the Communication Subgroup; and
22            (C) similar entities in this State or other states
23        or in the federal government; and
24        (3) develop a policy framework to:
25            (A) better meet the Illinois Nutrient Loss
26        Reduction Strategy's objective of improving water



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1        quality in Illinois and in areas downstream from
2        Illinois to reduce the Gulf of Mexico's hypoxic zone;
3            (B) address ways that the State can meet the
4        Illinois Nutrient Loss Reduction Strategy's long-term
5        goal of reducing the total loading of phosphorus and
6        nitrogen in Illinois waters by 45% and the
7        intermediate goals of reducing the total loading of
8        nitrogen in Illinois waters by 15% and the total
9        loading of phosphorus in Illinois waters by 25% by
10        2025;
11            (C) advance water reuse as a drought-proof,
12        cost-stable alternative water source to build climate
13        resilience for Illinois industries through a technical
14        assistance program offering advocacy, education, and
15        training, a sustainability certification or award
16        program, or tax incentives, such as tax increment
17        financing; and
18            (D) assess the impact of water reuse on the
19        affordability of water and on water resources by
20        reserving groundwater for use as potable water and
21        advancing potable water reuse.
22    (b) The Task Force shall present, in a manner determined
23by the Task Force, its findings on the following topics to the
24General Assembly during each calendar year indicated:
25        (1) for calendar year 2024, the Task Force shall
26    report its findings regarding nonpotable water reuse for



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1    industrial and residential purposes;
2        (2) for calendar year 2025, the Task Force shall
3    report its findings regarding nonpotable water reuse for
4    irrigation purposes and potable water reuse for recharging
5    aquifers and surface water source blending;
6        (3) for calendar year 2026, the Task Force shall
7    report its findings regarding potable water reuse for
8    direct human consumption; and
9        (4) for each calendar year of 2027 through 2030, the
10    Task Force shall prepare a summary report of actions taken
11    by the Task Force and any recommendations of the Task
12    Force.
13    Section 25. Recommended revisions of administrative rules.
14    (a) The Task Force shall compile a report that includes:
15        (1) recommended revisions to the Illinois
16    Administrative Code, including, but not limited to, 35
17    Ill. Adm. Code 604.200, 35 Ill. Adm. Code 611.231, and the
18    Plumbing Code, to remove ambiguity regarding whether
19    wastewater can be used for water reuse;
20        (2) recommended revisions to the Illinois
21    Administrative Code and an evaluation of water projects
22    regarding groundwater depletion, climate resilience, and
23    nutrient pollution reduction;
24        (3) recommended rules to be adopted by relevant State
25    agencies to increase the following within the timeframe



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1    indicated:
2            (A) nonpotable water reuse for irrigation within 3
3        years after publication of the report;
4            (B) nonpotable water reuse for industrial purposes
5        within 2 years after publication of the report;
6            (C) nonpotable water reuse for residential
7        purposes within 2 years after publication of the
8        report;
9            (D) potable water reuse for recharging aquifers
10        within 3 years after publication of the report;
11            (E) potable water reuse for surface water source
12        blending within 3 years after publication of the
13        report; and
14            (F) direct potable water reuse for human
15        consumption within 4 years after publication of the
16        report; and
17        (4) recommended revisions to administrative rules
18    recommended by the Task Force to clarify that any
19    determination of a best source for water must be based on
20    measurable qualities of water.
21    Once completed, the Task Force shall provide the report
22described in this subsection to the Agency, the Pollution
23Control Board, the Department of Public Health, and any other
24State agency recommended by the Task Force to revise
25administrative rules under paragraph (1), (2), (3), or (4).
26    (b) A State agency that receives the report under



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1subsection (a) shall review the report and may implement any
2recommended revisions to administrative rules.
3    Section 30. Recommended programs. Subject to
4appropriation, and for the purpose of showing compliance with
5federal laws, rules, and regulations regarding lead and copper
6that may become necessary, the Task Force shall compile a list
7of programs recommended by the Task Force, including, but not
8limited to, source water studies and corrosion control
9demonstrations relating to water reuse. The Task Force shall
10provide the list to any person or entity upon request.
11    Section 90. Repeal. This Act is repealed on June 31, 2031.
12    Section 99. Effective date. This Act takes effect June 1,