Illinois General Assembly - Full Text of SB1523
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Full Text of SB1523  103rd General Assembly

SB1523 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1523

 

Introduced 2/8/2023, by Sen. Laura Ellman

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 500/1-10
30 ILCS 105/5.990 new

    Creates the Water Quality Assurance Act. Provides that new and existing health care facilities and buildings containing health care facilities shall develop and implement water management programs with specified elements to control the growth and spread of opportunistic waterborne pathogens. Requires specified persons to develop and implement a routine culture sampling plan for all building water systems. Requires health care facilities to perform remediation of identified opportunistic waterborne pathogens. Provides that the Department of Public Health or agent health departments may enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of the Act. Requires health care facilities to register with the Department all building water systems within 120 days of the Act's effective date and to provide specified information. Contains other provisions. Establishes the Water Quality Assurance Fund as a special fund in the State treasury and makes a conforming change in the State Finance Act. Provides that the Department of Public Health shall implement, administer, and enforce the Act and may adopt rules it deems necessary to do so. Amends the Illinois Procurement Code. Provides that the Code shall not apply to procurement expenditures necessary for the Department to respond to an infectious disease outbreak response or to procurement expenditures that are necessary for a State agency's facility to implement critical recommendations provided by the Department in response to an infectious disease outbreak. Effective January 1, 2024


LRB103 27299 CPF 53670 b

 

 

A BILL FOR

 

SB1523LRB103 27299 CPF 53670 b

1    AN ACT concerning health.
 
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
5Quality Assurance Act.
 
6    Section 5. Purpose. It has been established by scientific
7evidence that improper management of building water systems
8may cause or contribute to the proliferation of opportunistic
9waterborne pathogens and can result in adverse health effects
10and potentially lethal disease in at-risk populations. In
11order to safeguard the health and safety of the people of this
12State, the General Assembly finds it necessary to provide for
13the promulgation of requirements for water management and
14sampling programs in health care facilities and
15authoritatively establish the registration and certification
16of water quality professionals and contractors.
 
17    Section 10. Definitions. In this Act:
18    "Agent health department" means a certified local health
19department that the Department has designated as its agent for
20making inspections and investigations under Section 70.
21    "Building water system" means a potable or nonpotable
22water system in a building or on a building site, including,

 

 

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1but not limited to, a water supply system, decorative water
2feature, evaporative cooler or condenser, whirlpool spa,
3humidification system, and other aerosolizing water features.
4    "Control limit" means a maximum value, a minimum value, or
5a range of values of a chemical or physical parameter
6associated with a control measure that is monitored and
7maintained to reduce the occurrence of hazardous conditions.
8The Department may establish control limits by rule.
9    "Control measure" means disinfecting, heating, cooling,
10filtering, flushing, or other means, methods, or procedures
11used to maintain the physical, biological, or chemical
12conditions of water within an established control limit.
13"Control measure" includes treatment methods, technical and
14physical processes, and procedures and activities or actions
15that monitor or maintain physical, biological, or chemical
16conditions of water within control limits. Water management
17teams shall establish control limits as a maximum value,
18minimum value, or range of values for chemical, biological,
19and physical parameters.
20    "Department" means the Department of Public Health.
21    "Health care facility" means a facility organized under
22the University of Illinois Hospital Act or licensed under the
23Ambulatory Surgical Treatment Center Act, Hospital Licensing
24Act, Nursing Home Care Act, Assisted Living and Shared Housing
25Act, or Community Mental Health Act.
26    "Immediate control measure" means a preestablished action

 

 

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1within a water management program intended to reduce potential
2exposure to opportunistic waterborne pathogens to be
3implemented when a building water system is thought to be a
4source of opportunistic waterborne pathogen transmission.
5"Immediate control measure" includes, but is not limited to,
6restricting operations of building water systems, installing
7appropriate primary barriers to reduce the possibility of
8exposure, halting new admissions, or temporarily closing an
9affected building or area.
10    "Initial inspection" means an inspection conducted by the
11Department to determine compliance with this Act and rules
12adopted under this Act or to assess the operation of a water
13management program.
14    "Opportunistic waterborne pathogen" means an organism
15found in water that is capable of causing disease in an at-risk
16individual or population.
17    "Person" means any individual, group of individuals,
18association, trust, partnership, limited liability company,
19corporation, person doing business under an assumed name,
20county, municipality, the State of Illinois, or any political
21subdivision or department thereof, or any other entity.
22    "Subsequent inspection" means any inspection made by the
23Department or an agent health department for the purpose of
24responding to a substantiated complaint, complying with a
25request by a health care facility or the agent health
26department, or ensuring compliance with an order or request of

 

 

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1the Department. "Subsequent inspection" does not include
2initial inspections performed by the Department.
 
3    Section 15. Water Quality Assurance Fund. The Water
4Quality Assurance Fund is created as a special fund in the
5State treasury. All funds generated under this Act shall be
6deposited into the Fund and, subject to appropriation,
7available to the Department for the implementation,
8administration, and enforcement of this Act and any rules
9adopted by the Department under this Act.
 
10    Section 20. Administration; rules.
11    (a) The Department shall implement, administer, and
12enforce this Act and may adopt rules it deems necessary to do
13so. In case of conflict between the Illinois Administrative
14Procedure Act and this Act, the provisions of this Act shall
15control, except that Section 5-35 of the Illinois
16Administrative Procedure Act relating to procedures for
17rulemaking does not apply to the adoption of any rule required
18by federal law in connection with which the Department is
19precluded by law from exercising any discretion. In preparing
20rules under this Act, the Department may give consideration to
21nationally recognized standards and guidelines.
22    (b) The Department may establish rules that specify the
23laboratory method used to evaluate water for the presence of
24bacteria capable of causing opportunistic infections. The

 

 

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1Department shall provide through its laboratories or ensure
2through evaluation of commercially available providers the use
3of appropriate laboratory test methods suitable for testing
4samples for the presence of Legionella bacteria. The
5Department's laboratory may collect fees for tests performed,
6which shall be deposited into the Public Health Laboratory
7Services Revolving Fund.
 
8    Section 25. Water management programs.
9    (a) A health care facility, or the owner of a building
10containing a health care facility, shall develop and implement
11a water management program to control the growth and spread of
12opportunistic waterborne pathogens that, at a minimum,
13includes the following elements:
14        (1) Identification of persons on the water management
15    program team responsible for developing, updating,
16    implementing, and documenting actions designated by the
17    water management plan.
18        (2) Identification and description of all building
19    water systems within the building and on the building site
20    using text and process flow diagrams.
21        (3) A risk assessment identifying areas within
22    building water systems where conditions may promote the
23    growth and spread of opportunistic waterborne pathogens.
24        (4) Based on the risk assessment described in
25    paragraph (3), identification and description of control

 

 

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1    locations where control measures should be applied and
2    maintained, including identification of control limits and
3    procedures for routinely monitoring water quality
4    parameters such as temperature or residual disinfectant
5    control locations.
6        (5) A list of conditions requiring implementation of
7    preestablished corrective actions when control limits are
8    not met or contingency responses and time frames for
9    execution of such actions, including, but not limited to,
10    implementation of appropriate immediate control measures
11    in the event of:
12            (A) culture analysis results identifying the
13        presence of opportunistic waterborne pathogens within
14        a building water system; or
15            (B) a determination by the Department or an agent
16        health department that one or more cases of disease or
17        illness are, or may be, caused by an opportunistic
18        waterborne pathogen and may be associated with a
19        building water system in the building or on the
20        premises of the health care facility.
21        (6) Verification and validation procedures established
22    by the health care facility or the owner of a building
23    containing a health care facility to initially and
24    routinely confirm that the water management program is
25    being implemented as developed and is effective at
26    controlling the growth and spread of opportunistic

 

 

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1    waterborne pathogens.
2        (7) Procedures identifying records of actions and
3    activities of the water management program and water
4    management team. Records may include, but are not limited
5    to, documentation of corrective actions, maintenance, logs
6    of water quality parameter monitoring or water management
7    activities, and laboratory results of sampling performed.
8    The records shall be maintained for at least 3 years and
9    shall be made available upon request by the Department or
10    an agent health department.
11    (b) In concert with the water management program, building
12owners, representatives of building owners, tenants, or their
13designees shall develop and implement a routine culture
14sampling plan for all building water systems. Routine culture
15sampling and analysis shall be conducted a minimum of once
16every 6 months. Culture sampling plans shall include, at a
17minimum, provisions for analysis of Legionella species by a
18United States Centers for Disease Control and Prevention
19Environmental Legionella Isolate Technique Evaluation (ELITE)
20member laboratory. In addition to the routine culture
21sampling, the Department may require a health care facility to
22conduct additional culture sampling and analysis of building
23water systems at locations, within a specified time frame,
24using sampling methods described by the Department in response
25to:
26        (1) notification from the Department or an agent

 

 

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1    health department that one or more cases of disease or
2    illness associated with opportunistic waterborne pathogens
3    are or may be associated with the health care facility; or
4        (2) any other conditions specified by the Department.
5    (c) If the Department determines that a water management
6program does not include appropriate immediate control
7measures or if a water management program's immediate control
8measures are deemed ineffective or inappropriate by the
9Department, the Department may direct the facility to
10immediately implement immediate control measures as
11appropriate to reduce the transmission of opportunistic
12waterborne pathogens.
13    (d) A health care facility shall develop communication
14plans to notify patients, residents, staff, and visitors of
15one or more cases of disease or illness associated with
16opportunistic waterborne pathogens. When notified by the
17Department or an agent health department that one or more
18cases of disease or illness are associated with the building
19or site of the building, the health care facility shall
20provide written notification within 48 hours to patients,
21residents, staff, and legal guardians. Written notification
22may include, but is not limited to, email, text, or other
23written communication consistent with the health care
24facility's communication practices. The written notification
25must include:
26        (1) notification of the disease and the number of

 

 

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1    cases associated with the health care facility;
2        (2) actions taken by the water management team in
3    response to each case of disease or illness;
4        (3) immediate control measures implemented by the
5    water management team to prevent further cases of disease
6    or illness;
7        (4) immediate appropriate disease surveillance efforts
8    to identify past or future cases of disease or illness;
9    and
10        (5) if a health care facility chooses, a statement
11    that the cases of disease or illness reported are from an
12    unknown source, when consistent with the Department or an
13    agent health department's investigation.
14    (e) After a health care facility has successfully
15completed any remediation necessary under Section 30, as
16demonstrated through environmental sampling, the Department or
17an agent health department has confirmed that there are no
18additional cases of disease or illness associated with an
19outbreak, and the Department or agent health department has
20concluded its investigation, the Department or agent health
21department shall provide the health care facility with a dated
22written certification that the health care facility is no
23longer under an active investigation associated with the cases
24of disease or illness referenced in subsection (d) and that
25remediation under Section 30 has been successfully completed.
26    (f) Following written certification under paragraph (e),

 

 

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1in cases where the Department or an agent health department
2makes a statement to the public identifying a health care
3facility as being associated with one or more cases of disease
4or illness from an opportunistic waterborne pathogen
5referenced in paragraph (d), a statement shall be made by the
6Department or the agent health department that the remediation
7referenced in Section 30 has been completed and the Department
8or agent health department is not aware of any additional
9cases of disease or illness associated with the health care
10facility.
 
11    Section 30. Remediation of identified opportunistic
12waterborne pathogens.
13    (a) When the presence of opportunistic waterborne
14pathogens is detected by culture sampling programs or through
15environmental investigations of disease or illness associated
16with opportunistic waterborne pathogens at a health care
17facility, the health care facility shall take actions to
18remediate possible environmental sources. The actions shall be
19documented and records shall be made available to the
20Department in accordance with this Act.
21    (b) When remediation activities include the use of
22supplemental disinfectants or another treatment that alters
23biological, physical, or chemical characteristics of water to
24control for opportunistic waterborne pathogens, then building
25owners, representatives of building owners, tenants, or their

 

 

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1designees shall comply with relevant provisions of the
2Environmental Protection Act, the Illinois Groundwater
3Protection Act, and any rules adopted under those Acts.
4    (c) A health care facility using disinfectants to provide
5supplemental disinfectant by temporary injection or other
6means that does not include the installation of equipment
7shall notify the Department via email at least 48 hours prior
8to the treatment in accordance with rules adopted under this
9Act. Upon notification, the Department may require the health
10care facility to establish and implement immediate measures
11prior to the disinfection event to protect patients during the
12remediation activities, including providing notification to
13building users of the disinfection event.
14    (d) Any supplemental disinfectant, equipment, or treatment
15used to remediate opportunistic waterborne pathogens shall be
16certified for its intended use and purpose by one or more
17approved agencies listed in rules adopted by the Department
18for efficacy in achieving its listed use and purpose.
 
19    Section 35. Inspections. Subject to constitutional
20limitations, the Department, by its representatives, or an
21agent health department, after proper identification, may
22enter at reasonable times upon private or public property for
23the purpose of inspecting and investigating conditions
24relating to the enforcement of this Act and rules adopted
25under this Act. Written notice of all violations shall be

 

 

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1given to each person against whom a violation is alleged.
 
2    Section 40. Access to premises. It shall be the duty of
3owners and operators of health care facilities and buildings
4containing health care facilities to give the Department and
5its authorized agents free access to those premises at all
6reasonable times for the purpose of inspection.
 
7    Section 45. Fee schedule. A fee schedule for fees assessed
8by the Department for a health care facility shall be
9established by rules adopted by the Department.
 
10    Section 50. Certification and registration of water
11management professionals and contractors.
12    (a) Any person who offers services relative to the
13development of water management programs, building water
14sampling programs, or supplemental treatment of building water
15systems for the control of opportunistic waterborne pathogens
16shall be registered and certified by the Department. Persons
17seeking registration and certification under this Section
18shall apply for certification pursuant to rules adopted by the
19Department. In preparing rules for certification, the
20Department may consider nationally recognized standards and
21guidelines.
22    (b) The Department may collect a reasonable fee to
23register and certify water management professionals and

 

 

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1contractors. The fee shall be deposited into the Water Quality
2Assurance Fund and used by the Department for the activities
3prescribed in this Act.
4    (c) The Department shall adopt rules relating to the
5issuance, renewal, or suspension of the certification of an
6individual, business, or organization.
 
7    Section 55. Registration of building water systems at
8health care facilities.
9    (a) A health care facility shall register with the
10Department all building water systems. The building water
11systems shall be initially registered within 120 days after
12the effective date of this Act. The registration shall be
13collected on forms developed by the Department and shall
14include, but not be limited to:
15        (1) the street address of the building in which the
16    building water system is located, with a building
17    identification number, if any;
18        (2) the latitude and longitude of the location of the
19    building water system;
20        (3) the name, address, telephone number, and email
21    address of the owner and operator of the building water
22    system;
23        (4) the name of the manufacturer of the building water
24    system;
25        (5) the model number, if applicable, of the building

 

 

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1    water system;
2        (6) the building water system volume, inclusive of all
3    piping, basins, and sumps;
4        (7) the intended use of the building water system;
5        (8) a description of whether the building water system
6    operates year-round or seasonally and, if seasonally, the
7    start and end date of operation;
8        (9) a description of whether building water system
9    disinfection is maintained manually, through timed
10    injection, or through continuous delivery;
11        (10) a description of whether maintenance is performed
12    by in-house personnel, by a contractor, or by a third
13    party; if by a contractor or third party, the name,
14    address, telephone number, and email address of the
15    contractor or third party;
16        (11) a description of whether any drift eliminators or
17    controls are installed and operated;
18        (12) the year the components of the building water
19    system were placed into service; and
20        (13) the type of disinfection.
21    (b) A health care facility shall register with the
22Department in writing within 7 days after ownership of the
23building water system changes.
24    (c) A health care facility shall report to the Department:
25        (1) the date of the last Legionella culture sample
26    collection, the analysis results, and the date of

 

 

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1    remediation actions taken under this Act;
2        (2) the date of removal or permanent discontinued use
3    of components of the building water system, if applicable;
4    and
5        (3) any other information required by the Department.
 
6    Section 60. Civil enforcement. The Department may impose
7administrative civil penalties for violations of this Act and
8rules adopted under this Act. The State's Attorney of the
9county in which the violation occurred, or the Attorney
10General, shall bring actions for collection of penalties
11imposed under this Section in the name of the People of the
12State of Illinois. The State's Attorney or Attorney General
13may, in addition to other remedies provided in this Act, bring
14an action (i) for an injunction to restrain the violation,
15(ii) to impose civil penalties if no penalty has been imposed
16by the Department, or (iii) to enjoin the operation of any such
17person or health care facility.
 
18    Section 65. Civil penalties. Any person who violates any
19provision of this Act or any rule adopted under this Act shall,
20in addition to any other penalty provided in this Act, be
21subject to a civil penalty of $100 per day per violation.
 
22    Section 70. Agents of the Department. The Department may
23designate a certified local health department as its agent for

 

 

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1purposes of carrying out this Act. An agent so designated may
2charge fees for costs associated with enforcing this Act. If
3the agent determines that it cannot perform an inspection
4under this Act, the Department shall perform the inspection
5and any applicable fees shall be payable to the Department and
6not to the agent. In no case shall fees be assessed by both the
7Department and an agent for the same service or activity.
 
8    Section 75. The Illinois Procurement Code is amended by
9changing Section 1-10 as follows:
 
10    (30 ILCS 500/1-10)
11    Sec. 1-10. Application.
12    (a) This Code applies only to procurements for which
13bidders, offerors, potential contractors, or contractors were
14first solicited on or after July 1, 1998. This Code shall not
15be construed to affect or impair any contract, or any
16provision of a contract, entered into based on a solicitation
17prior to the implementation date of this Code as described in
18Article 99, including, but not limited to, any covenant
19entered into with respect to any revenue bonds or similar
20instruments. All procurements for which contracts are
21solicited between the effective date of Articles 50 and 99 and
22July 1, 1998 shall be substantially in accordance with this
23Code and its intent.
24    (b) This Code shall apply regardless of the source of the

 

 

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1funds with which the contracts are paid, including federal
2assistance moneys. This Code shall not apply to:
3        (1) Contracts between the State and its political
4    subdivisions or other governments, or between State
5    governmental bodies, except as specifically provided in
6    this Code.
7        (2) Grants, except for the filing requirements of
8    Section 20-80.
9        (3) Purchase of care, except as provided in Section
10    5-30.6 of the Illinois Public Aid Code and this Section.
11        (4) Hiring of an individual as an employee and not as
12    an independent contractor, whether pursuant to an
13    employment code or policy or by contract directly with
14    that individual.
15        (5) Collective bargaining contracts.
16        (6) Purchase of real estate, except that notice of
17    this type of contract with a value of more than $25,000
18    must be published in the Procurement Bulletin within 10
19    calendar days after the deed is recorded in the county of
20    jurisdiction. The notice shall identify the real estate
21    purchased, the names of all parties to the contract, the
22    value of the contract, and the effective date of the
23    contract.
24        (7) Contracts necessary to prepare for anticipated
25    litigation, enforcement actions, or investigations,
26    provided that the chief legal counsel to the Governor

 

 

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1    shall give his or her prior approval when the procuring
2    agency is one subject to the jurisdiction of the Governor,
3    and provided that the chief legal counsel of any other
4    procuring entity subject to this Code shall give his or
5    her prior approval when the procuring entity is not one
6    subject to the jurisdiction of the Governor.
7        (8) (Blank).
8        (9) Procurement expenditures by the Illinois
9    Conservation Foundation when only private funds are used.
10        (10) (Blank).
11        (11) Public-private agreements entered into according
12    to the procurement requirements of Section 20 of the
13    Public-Private Partnerships for Transportation Act and
14    design-build agreements entered into according to the
15    procurement requirements of Section 25 of the
16    Public-Private Partnerships for Transportation Act.
17        (12) (A) Contracts for legal, financial, and other
18    professional and artistic services entered into by the
19    Illinois Finance Authority in which the State of Illinois
20    is not obligated. Such contracts shall be awarded through
21    a competitive process authorized by the members of the
22    Illinois Finance Authority and are subject to Sections
23    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
24    as well as the final approval by the members of the
25    Illinois Finance Authority of the terms of the contract.
26        (B) Contracts for legal and financial services entered

 

 

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1    into by the Illinois Housing Development Authority in
2    connection with the issuance of bonds in which the State
3    of Illinois is not obligated. Such contracts shall be
4    awarded through a competitive process authorized by the
5    members of the Illinois Housing Development Authority and
6    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
7    and 50-37 of this Code, as well as the final approval by
8    the members of the Illinois Housing Development Authority
9    of the terms of the contract.
10        (13) Contracts for services, commodities, and
11    equipment to support the delivery of timely forensic
12    science services in consultation with and subject to the
13    approval of the Chief Procurement Officer as provided in
14    subsection (d) of Section 5-4-3a of the Unified Code of
15    Corrections, except for the requirements of Sections
16    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
17    Code; however, the Chief Procurement Officer may, in
18    writing with justification, waive any certification
19    required under Article 50 of this Code. For any contracts
20    for services which are currently provided by members of a
21    collective bargaining agreement, the applicable terms of
22    the collective bargaining agreement concerning
23    subcontracting shall be followed.
24        On and after January 1, 2019, this paragraph (13),
25    except for this sentence, is inoperative.
26        (14) Contracts for participation expenditures required

 

 

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1    by a domestic or international trade show or exhibition of
2    an exhibitor, member, or sponsor.
3        (15) Contracts with a railroad or utility that
4    requires the State to reimburse the railroad or utilities
5    for the relocation of utilities for construction or other
6    public purpose. Contracts included within this paragraph
7    (15) shall include, but not be limited to, those
8    associated with: relocations, crossings, installations,
9    and maintenance. For the purposes of this paragraph (15),
10    "railroad" means any form of non-highway ground
11    transportation that runs on rails or electromagnetic
12    guideways and "utility" means: (1) public utilities as
13    defined in Section 3-105 of the Public Utilities Act, (2)
14    telecommunications carriers as defined in Section 13-202
15    of the Public Utilities Act, (3) electric cooperatives as
16    defined in Section 3.4 of the Electric Supplier Act, (4)
17    telephone or telecommunications cooperatives as defined in
18    Section 13-212 of the Public Utilities Act, (5) rural
19    water or waste water systems with 10,000 connections or
20    less, (6) a holder as defined in Section 21-201 of the
21    Public Utilities Act, and (7) municipalities owning or
22    operating utility systems consisting of public utilities
23    as that term is defined in Section 11-117-2 of the
24    Illinois Municipal Code.
25        (16) Procurement expenditures necessary for the
26    Department of Public Health to provide the delivery of

 

 

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1    timely newborn screening services in accordance with the
2    Newborn Metabolic Screening Act.
3        (17) Procurement expenditures necessary for the
4    Department of Agriculture, the Department of Financial and
5    Professional Regulation, the Department of Human Services,
6    and the Department of Public Health to implement the
7    Compassionate Use of Medical Cannabis Program and Opioid
8    Alternative Pilot Program requirements and ensure access
9    to medical cannabis for patients with debilitating medical
10    conditions in accordance with the Compassionate Use of
11    Medical Cannabis Program Act.
12        (18) This Code does not apply to any procurements
13    necessary for the Department of Agriculture, the
14    Department of Financial and Professional Regulation, the
15    Department of Human Services, the Department of Commerce
16    and Economic Opportunity, and the Department of Public
17    Health to implement the Cannabis Regulation and Tax Act if
18    the applicable agency has made a good faith determination
19    that it is necessary and appropriate for the expenditure
20    to fall within this exemption and if the process is
21    conducted in a manner substantially in accordance with the
22    requirements of Sections 20-160, 25-60, 30-22, 50-5,
23    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
24    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
25    Section 50-35, compliance applies only to contracts or
26    subcontracts over $100,000. Notice of each contract

 

 

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1    entered into under this paragraph (18) that is related to
2    the procurement of goods and services identified in
3    paragraph (1) through (9) of this subsection shall be
4    published in the Procurement Bulletin within 14 calendar
5    days after contract execution. The Chief Procurement
6    Officer shall prescribe the form and content of the
7    notice. Each agency shall provide the Chief Procurement
8    Officer, on a monthly basis, in the form and content
9    prescribed by the Chief Procurement Officer, a report of
10    contracts that are related to the procurement of goods and
11    services identified in this subsection. At a minimum, this
12    report shall include the name of the contractor, a
13    description of the supply or service provided, the total
14    amount of the contract, the term of the contract, and the
15    exception to this Code utilized. A copy of any or all of
16    these contracts shall be made available to the Chief
17    Procurement Officer immediately upon request. The Chief
18    Procurement Officer shall submit a report to the Governor
19    and General Assembly no later than November 1 of each year
20    that includes, at a minimum, an annual summary of the
21    monthly information reported to the Chief Procurement
22    Officer. This exemption becomes inoperative 5 years after
23    June 25, 2019 (the effective date of Public Act 101-27).
24        (19) Acquisition of modifications or adjustments,
25    limited to assistive technology devices and assistive
26    technology services, adaptive equipment, repairs, and

 

 

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1    replacement parts to provide reasonable accommodations (i)
2    that enable a qualified applicant with a disability to
3    complete the job application process and be considered for
4    the position such qualified applicant desires, (ii) that
5    modify or adjust the work environment to enable a
6    qualified current employee with a disability to perform
7    the essential functions of the position held by that
8    employee, (iii) to enable a qualified current employee
9    with a disability to enjoy equal benefits and privileges
10    of employment as are enjoyed by other similarly situated
11    employees without disabilities, and (iv) that allow a
12    customer, client, claimant, or member of the public
13    seeking State services full use and enjoyment of and
14    access to its programs, services, or benefits.
15        (20) Procurement expenditures necessary for the
16    Department of Public Health to respond to an infectious
17    disease outbreak, including, but not limited to,
18    laboratory testing and environmental health investigation
19    supplies.
20        (21) Procurement expenditures necessary for a State
21    agency's facility to implement control recommendations
22    provided by the Department of Public Health in response to
23    an infectious disease outbreak, including, but not limited
24    to, plumbing, construction, or consultants to mitigate
25    environmental health hazards.
26        For purposes of this paragraph (19):

 

 

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1        "Assistive technology devices" means any item, piece
2    of equipment, or product system, whether acquired
3    commercially off the shelf, modified, or customized, that
4    is used to increase, maintain, or improve functional
5    capabilities of individuals with disabilities.
6        "Assistive technology services" means any service that
7    directly assists an individual with a disability in
8    selection, acquisition, or use of an assistive technology
9    device.
10        "Qualified" has the same meaning and use as provided
11    under the federal Americans with Disabilities Act when
12    describing an individual with a disability.
13        (20) Procurement expenditures necessary for the
14    Illinois Commerce Commission to hire third-party
15    facilitators pursuant to Sections 16-105.17 and 16-108.18
16    of the Public Utilities Act or an ombudsman pursuant to
17    Section 16-107.5 of the Public Utilities Act, a
18    facilitator pursuant to Section 16-105.17 of the Public
19    Utilities Act, or a grid auditor pursuant to Section
20    16-105.10 of the Public Utilities Act.
21        (21) Procurement expenditures for the purchase,
22    renewal, and expansion of software, software licenses, or
23    software maintenance agreements that support the efforts
24    of the Illinois State Police to enforce, regulate, and
25    administer the Firearm Owners Identification Card Act, the
26    Firearm Concealed Carry Act, the Firearms Restraining

 

 

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1    Order Act, the Firearm Dealer License Certification Act,
2    the Law Enforcement Agencies Data System (LEADS), the
3    Uniform Crime Reporting Act, the Criminal Identification
4    Act, the Uniform Conviction Information Act, and the Gun
5    Trafficking Information Act, or establish or maintain
6    record management systems necessary to conduct human
7    trafficking investigations or gun trafficking or other
8    stolen firearm investigations. This paragraph (21) applies
9    to contracts entered into on or after the effective date
10    of this amendatory Act of the 102nd General Assembly and
11    the renewal of contracts that are in effect on the
12    effective date of this amendatory Act of the 102nd General
13    Assembly.
14    Notwithstanding any other provision of law, for contracts
15with an annual value of more than $100,000 entered into on or
16after October 1, 2017 under an exemption provided in any
17paragraph of this subsection (b), except paragraph (1), (2),
18or (5), each State agency shall post to the appropriate
19procurement bulletin the name of the contractor, a description
20of the supply or service provided, the total amount of the
21contract, the term of the contract, and the exception to the
22Code utilized. The chief procurement officer shall submit a
23report to the Governor and General Assembly no later than
24November 1 of each year that shall include, at a minimum, an
25annual summary of the monthly information reported to the
26chief procurement officer.

 

 

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1    (c) This Code does not apply to the electric power
2procurement process provided for under Section 1-75 of the
3Illinois Power Agency Act and Section 16-111.5 of the Public
4Utilities Act.
5    (d) Except for Section 20-160 and Article 50 of this Code,
6and as expressly required by Section 9.1 of the Illinois
7Lottery Law, the provisions of this Code do not apply to the
8procurement process provided for under Section 9.1 of the
9Illinois Lottery Law.
10    (e) This Code does not apply to the process used by the
11Capital Development Board to retain a person or entity to
12assist the Capital Development Board with its duties related
13to the determination of costs of a clean coal SNG brownfield
14facility, as defined by Section 1-10 of the Illinois Power
15Agency Act, as required in subsection (h-3) of Section 9-220
16of the Public Utilities Act, including calculating the range
17of capital costs, the range of operating and maintenance
18costs, or the sequestration costs or monitoring the
19construction of clean coal SNG brownfield facility for the
20full duration of construction.
21    (f) (Blank).
22    (g) (Blank).
23    (h) This Code does not apply to the process to procure or
24contracts entered into in accordance with Sections 11-5.2 and
2511-5.3 of the Illinois Public Aid Code.
26    (i) Each chief procurement officer may access records

 

 

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1necessary to review whether a contract, purchase, or other
2expenditure is or is not subject to the provisions of this
3Code, unless such records would be subject to attorney-client
4privilege.
5    (j) This Code does not apply to the process used by the
6Capital Development Board to retain an artist or work or works
7of art as required in Section 14 of the Capital Development
8Board Act.
9    (k) This Code does not apply to the process to procure
10contracts, or contracts entered into, by the State Board of
11Elections or the State Electoral Board for hearing officers
12appointed pursuant to the Election Code.
13    (l) This Code does not apply to the processes used by the
14Illinois Student Assistance Commission to procure supplies and
15services paid for from the private funds of the Illinois
16Prepaid Tuition Fund. As used in this subsection (l), "private
17funds" means funds derived from deposits paid into the
18Illinois Prepaid Tuition Trust Fund and the earnings thereon.
19    (m) This Code shall apply regardless of the source of
20funds with which contracts are paid, including federal
21assistance moneys. Except as specifically provided in this
22Code, this Code shall not apply to procurement expenditures
23necessary for the Department of Public Health to conduct the
24Healthy Illinois Survey in accordance with Section 2310-431 of
25the Department of Public Health Powers and Duties Law of the
26Civil Administrative Code of Illinois.

 

 

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1(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
2101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
31-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
4eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
5102-1116, eff. 1-10-23.)
 
6    Section 80. The State Finance Act is amended by adding
7Section 5.990 as follows:
 
8    (30 ILCS 105/5.990 new)
9    Sec. 5.990. The Water Quality Assurance Fund.
 
10    Section 99. Effective date. This Act takes effect January
111, 2024.