Full Text of SB0550 99th General Assembly
SB0550ham001 99TH GENERAL ASSEMBLY | Rep. Sonya M. Harper Filed: 11/28/2016
| | 09900SB0550ham001 | | LRB099 03301 MJP 51716 a |
|
| 1 | | AMENDMENT TO SENATE BILL 550
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 550 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | adding Division heading 150.1 of Article 11 and Section | 6 | | 11-150.1-1 as follows: | 7 | | (65 ILCS 5/Art. 11 Div. 150.1 heading new) | 8 | | DIVISION 150.1. LEAD HAZARD COST RECOVERY FEE | 9 | | (65 ILCS 5/11-150.1-1 new) | 10 | | Sec. 11-150.1-1. Lead hazard cost recovery fee. The | 11 | | corporate authorities of any municipality that operates a | 12 | | waterworks system and that incurs reasonable costs to comply | 13 | | with Section 17.11 of the Environmental Protection Act or rules | 14 | | adopted by the Department of Public Health under Section 35.5 | 15 | | of the Illinois Plumbing License Law shall have the authority, |
| | | 09900SB0550ham001 | - 2 - | LRB099 03301 MJP 51716 a |
|
| 1 | | by ordinance, to collect a fair and reasonable fee from users | 2 | | of the system in order to recover those reasonable costs. Fees | 3 | | collected pursuant to this Section shall be used exclusively | 4 | | for the purpose of complying with Section 17.11 of the | 5 | | Environmental Protection Act and rules adopted by the | 6 | | Department of Public Health under Section 35.5 of the Illinois | 7 | | Plumbing License Law. | 8 | | Section 10. The Public Utilities Act is amended by adding | 9 | | Section 9-246 as follows: | 10 | | (220 ILCS 5/9-246 new) | 11 | | Sec. 9-246. Rates; lead hazard cost recovery by | 12 | | investor-owned water utilities. In determining the rates for an | 13 | | investor-owned public utility engaged in providing water | 14 | | service, the Commission shall allow the utility to recover | 15 | | annually any reasonable costs incurred by the utility to comply | 16 | | with Section 17.11 of the Environmental Protection Act and any | 17 | | reasonable costs incurred by the utility to comply with rules | 18 | | adopted by the Department of Public Health under Section 35.5 | 19 | | of the Illinois Plumbing License Law. | 20 | | Section 15. The Illinois Plumbing License Law is amended by | 21 | | changing Section 8 and 19 and by adding Sections 29.6 and 35.5 | 22 | | as follows:
|
| | | 09900SB0550ham001 | - 3 - | LRB099 03301 MJP 51716 a |
|
| 1 | | (225 ILCS 320/8) (from Ch. 111, par. 1107)
| 2 | | Sec. 8. Powers of the Director. The Director shall:
| 3 | | (1) Prepare forms for application for examination for a | 4 | | plumber's license.
| 5 | | (2) Prepare and issue licenses as provided in this Act.
| 6 | | (3) With the aid of the Board prescribe rules and | 7 | | regulations for
examination of applicants for plumber's | 8 | | licenses.
| 9 | | (4) With the aid of the Board prepare and give uniform | 10 | | and comprehensive
examinations to applicants for a | 11 | | plumber's license which shall test
their knowledge and | 12 | | qualifications in the planning and design of plumbing
| 13 | | systems, their knowledge, qualifications, and manual | 14 | | skills in plumbing,
and their knowledge of the State's | 15 | | minimum code of standards relating to
fixtures, materials, | 16 | | design and installation methods of plumbing
systems, | 17 | | promulgated pursuant to this Act.
| 18 | | (5) Issue a plumber's license and license renewal to | 19 | | every applicant who
has passed the examination and who has | 20 | | paid the required license and renewal
fee.
| 21 | | (6) Prescribe rules for hearings to deny, suspend, | 22 | | revoke or reinstate
licenses as provided in this Act.
| 23 | | (7) Maintain a current record showing (a) the names and | 24 | | addresses of
registered plumbing contractors,
licensed
| 25 | | plumbers, licensed apprentice plumbers, and licensed | 26 | | retired
plumbers, (b) the dates of issuance of
licenses, |
| | | 09900SB0550ham001 | - 4 - | LRB099 03301 MJP 51716 a |
|
| 1 | | (c) the date and substance of the charges set forth in any | 2 | | hearing
for denial, suspension or revocation of any | 3 | | license, (d) the date and substance
of the final order | 4 | | issued upon each such hearing, and (e) the date and
| 5 | | substance
of all petitions for reinstatement of license and | 6 | | final orders on such
petitions.
| 7 | | (8) Prescribe, in consultation with the Board, uniform | 8 | | and reasonable
rules defining what constitutes an approved | 9 | | course of instruction in plumbing,
in colleges, | 10 | | universities, or
trade schools, and approve or disapprove | 11 | | the courses of instruction offered
by such colleges, | 12 | | universities, or trade schools by reference to their
| 13 | | compliance
or noncompliance with such rules. Such rules | 14 | | shall be designed to assure
that an approved course of | 15 | | instruction will adequately teach the design,
planning, | 16 | | installation, replacement, extension, alteration and | 17 | | repair of
plumbing.
| 18 | | (9) Conduct hearings and impose civil penalties | 19 | | pursuant to this Act. | 20 | | Each instructor participating in a program of | 21 | | instruction in plumbing shall be: | 22 | | (a) an Illinois licensed plumber; | 23 | | (b) an individual who possesses a provisional | 24 | | career and technical educator endorsement on an | 25 | | educator license, issued by the State Board of | 26 | | Education pursuant to Section 21B-20 of the School Code |
| | | 09900SB0550ham001 | - 5 - | LRB099 03301 MJP 51716 a |
|
| 1 | | in a field related to plumbing, such as hydraulics, | 2 | | pneumatics, or water chemistry; or | 3 | | (c) a representative of an industry or a | 4 | | manufacturing business related to plumbing, including, | 5 | | but not limited to, the copper industry, plastic pipe | 6 | | industry, or cast iron industry. Courses that are | 7 | | taught by industry representatives shall be | 8 | | educational and shall not be sales oriented. Industry | 9 | | representatives shall be assisted by an Illinois | 10 | | licensed plumber during the presentation of a course of | 11 | | instruction. | 12 | | The instructor shall provide verification of the | 13 | | license or certificate. A copy of the instructor's educator | 14 | | license will establish verification. | 15 | | (Source: P.A. 99-504, eff. 1-1-17 .)
| 16 | | (225 ILCS 320/19) (from Ch. 111, par. 1118)
| 17 | | Sec. 19.
The Director, after notice and opportunity for | 18 | | hearing to the
applicant, license holder, or registrant, may | 19 | | deny, suspend, or
revoke a
license or registration in any case | 20 | | in which he or she finds that there has
been a
substantial | 21 | | failure to comply with the provisions of this Act or the
| 22 | | standards, rules, and regulations established under this Act.
| 23 | | The Director, after notice and opportunity for hearing, may | 24 | | assess civil penalties to any person for any violation of | 25 | | Section 35.5 of this Act or any rule adopted pursuant to |
| | | 09900SB0550ham001 | - 6 - | LRB099 03301 MJP 51716 a |
|
| 1 | | Section 35.5 of this Act. | 2 | | Notice shall be provided by certified mail or by personal | 3 | | service
setting forth the particular reasons for the proposed | 4 | | action and fixing a
date, not less than 20 days from the date | 5 | | of the mailing or service, within
which time the applicant or | 6 | | license holder must request in
writing a hearing. Failure to | 7 | | serve upon the Department a request for
hearing in writing | 8 | | within the time provided in the notice shall constitute
a | 9 | | waiver of the person's right to an administrative hearing.
| 10 | | The hearing shall be conducted by the Director or by an | 11 | | individual
designated in writing by the Director as a hearing | 12 | | officer to conduct the
hearing. The Director or hearing officer | 13 | | shall give written notice of the
time and place of the hearing, | 14 | | by certified mail or personal service, to
the applicant, | 15 | | license holder, or registrant at least 10 days prior
to the | 16 | | hearing. On
the basis of the hearing, or upon default of the | 17 | | applicant, license
holder, or registrant, the Director shall | 18 | | make a determination specifying
his or her
findings and | 19 | | conclusions. A copy of the determination shall be sent by
| 20 | | certified mail or served personally upon the applicant, license
| 21 | | holder, or registrant.
The decision of the Director shall be | 22 | | final on issues of fact and final in
all respects unless | 23 | | judicial review is sought as provided in this Act.
| 24 | | The procedure governing hearings authorized by this | 25 | | Section shall be in
accordance with rules promulgated by the | 26 | | Department. A full and complete
record shall be kept of all |
| | | 09900SB0550ham001 | - 7 - | LRB099 03301 MJP 51716 a |
|
| 1 | | proceedings, including the notice of hearing,
complaint, and | 2 | | all other documents in the nature of pleadings, written
motions | 3 | | filed in the proceedings, and the report and orders of the | 4 | | Director
and hearing officer.
| 5 | | The Department at its expense shall provide a court | 6 | | reporter to take
testimony. Technical error in the proceedings | 7 | | before the Department or
hearing officer or their failure to | 8 | | observe the technical rules of evidence
shall not be grounds | 9 | | for the reversal of any administrative decision unless
it | 10 | | appears to the Court that such error or failure materially | 11 | | affects the
rights of any party and results in substantial | 12 | | injustice to them.
| 13 | | The Department or hearing officer, or any parties in an | 14 | | investigation
or hearing before the Department, may cause the | 15 | | depositions of witnesses
within the State to be taken in the | 16 | | manner prescribed by law for
depositions in civil actions in | 17 | | courts of this State, and
compel the attendance of witnesses | 18 | | and the production of books, papers,
records, or memoranda.
| 19 | | The Department shall not be required to certify any record | 20 | | to the
Court or file any answer in Court or otherwise appear in | 21 | | any Court in a
judicial review proceeding, unless there is | 22 | | filed in the Court with the
complaint a receipt from the | 23 | | Department acknowledging payment of the costs
of furnishing and | 24 | | certifying the record. Such cost shall be paid by the
party | 25 | | requesting a copy of the record. Failure on the part of the | 26 | | person
requesting a copy of the record to pay the cost shall be |
| | | 09900SB0550ham001 | - 8 - | LRB099 03301 MJP 51716 a |
|
| 1 | | grounds for dismissal
of the action.
| 2 | | (Source: P.A. 91-678, eff. 1-26-00.)
| 3 | | (225 ILCS 320/29.6 new) | 4 | | Sec. 29.6. Civil penalties for violations. Any person who | 5 | | violates any provision of Section 35.5 of this Act or any rule | 6 | | adopted pursuant to Section 35.5 of this Act shall, in addition | 7 | | to any other penalty provided in this Act, be subject to a | 8 | | civil penalty of $100 per day per violation. Civil penalties | 9 | | collected pursuant to this Section shall be deposited into the | 10 | | Plumbing Licensure and Program Fund. | 11 | | (225 ILCS 320/35.5 new) | 12 | | Sec. 35.5. Identification of lead hazards at high-risk | 13 | | facilities. | 14 | | (a) For the purposes of this Section: | 15 | | "Day care center" means any day care center as defined in | 16 | | Section 2.09 of the Child Care Act of 1969. | 17 | | "Day care homes" means any day care home as defined in | 18 | | Section 2.18 of the Child Care Act of 1969. | 19 | | "Group day care home" means any group day care home as | 20 | | defined in Section 2.20 of the Child Care Act of 1969. | 21 | | "High-risk facility" means (i) any day care center, day | 22 | | care home and group day care home that was constructed in whole | 23 | | or part before January 1, 1987, and (ii) any school that was | 24 | | constructed in whole or part before January 1, 1987. |
| | | 09900SB0550ham001 | - 9 - | LRB099 03301 MJP 51716 a |
|
| 1 | | "Lead hazard" has the meaning ascribed to that term in | 2 | | Section 2 of the Lead Poisoning Prevention Act. | 3 | | "School" means any public, private, charter, or nonpublic | 4 | | day or residential educational institution that provides | 5 | | education from pre-kindergarten through grade 5. | 6 | | (b) To protect children and other members of the public | 7 | | from any threat to public health that might be posed by lead in | 8 | | a school or child care facility's plumbing, the Department | 9 | | shall, as soon as practicable after the effective date of this | 10 | | amendatory Act of the 99th General Assembly but no later than | 11 | | June 30, 2018, adopt rules that: | 12 | | (1) establish a program to identify, in each high-risk | 13 | | facility in the State, plumbing that is a lead hazard; | 14 | | (2) require the water distribution system material | 15 | | inventories that are developed under subsection (c) of | 16 | | Section 17.11 of the Environmental Protection Act to be | 17 | | made publicly accessible; and | 18 | | (3) require the operator of each high-risk facility to | 19 | | develop a water quality management plan that, at a minimum, | 20 | | does the following: | 21 | | (A) describes comprehensively the facilities' | 22 | | potable water systems; | 23 | | (B) sets forth a detailed set of procedures and | 24 | | practices to identify lead hazards and minimize lead | 25 | | levels in the facility's potable water system, taking | 26 | | into account, among other things, the results of |
| | | 09900SB0550ham001 | - 10 - | LRB099 03301 MJP 51716 a |
|
| 1 | | testing conducted pursuant to Section 17.11 of the | 2 | | Environmental Protection Act; and | 3 | | (C) requires the operator of each high-risk | 4 | | facility to promptly provide an individual | 5 | | notification, via written or electronic communication, | 6 | | to the parents or legal guardians of all enrolled | 7 | | students at the facility, as well as all occupants of | 8 | | the facility, of the laboratory analysis of any water | 9 | | sampling conducted for lead in the facility. | 10 | | (4) require licensed day care centers, day care homes | 11 | | and group day care homes that serve children under the age | 12 | | of 6 to assess levels of lead in such centers and homes. | 13 | | Such rules shall, at a minimum, include provisions | 14 | | regarding testing parameters, the notification of sampling | 15 | | results, and training requirements for lead exposure. | 16 | | Section 20. The Child Care Act of 1969 is amended by adding | 17 | | Section 5.9 as follows: | 18 | | (225 ILCS 10/5.9 new) | 19 | | Sec. 5.9. Lead testing of water in licensed day care | 20 | | centers, day care homes and group day care homes. The | 21 | | Department shall require that all rules that the Department of | 22 | | Public Health adopts pursuant to paragraph (4) of subsection | 23 | | (b) of Section 35.5 of the Illinois Plumbing License Law be met | 24 | | through the licensing process for day care centers, day care |
| | | 09900SB0550ham001 | - 11 - | LRB099 03301 MJP 51716 a |
|
| 1 | | homes, and group day care homes. | 2 | | Section 25. The Environmental Protection Act is amended by | 3 | | changing Sections 19.3 and 19.4 and by adding Section 17.11 as | 4 | | follows: | 5 | | (415 ILCS 5/17.11 new) | 6 | | Sec. 17.11. Lead in drinking water prevention. | 7 | | (a) The General Assembly finds that lead has been detected | 8 | | in the drinking water of schools and residences in this State. | 9 | | The General Assembly also finds that infants and young children | 10 | | may suffer adverse health effects and developmental delays as a | 11 | | result of exposure to even low levels of lead. The General | 12 | | Assembly further finds that it is in the best interests of the | 13 | | people of the State to require school districts
or chief school | 14 | | administrators, or the designees of school districts
or chief | 15 | | school administrators, and the owners and operators of | 16 | | community water systems to test for lead in drinking water in | 17 | | school buildings and provide written notification of the test | 18 | | results and for the owners and operators of community water | 19 | | systems to create a comprehensive lead service line inventory. | 20 | | The purpose of this Section is to require (i) school | 21 | | districts
or chief school administrators, or the designees of | 22 | | school districts
or chief school administrators, and the owners | 23 | | and operators of community water systems to test for lead with | 24 | | the goal of providing school building occupants with an |
| | | 09900SB0550ham001 | - 12 - | LRB099 03301 MJP 51716 a |
|
| 1 | | adequate supply of safe, potable water for consumption that is | 2 | | free of lead; (ii) school districts
or chief school | 3 | | administrators, or the designees of school districts
or chief | 4 | | school administrator, to notify the parents and legal guardians | 5 | | of enrolled students of the sampling results from their | 6 | | respective school buildings; (iii) the owners and operators of | 7 | | community water systems to notify occupants of residences and | 8 | | water bill recipients, if different from the occupants, of | 9 | | their individual tap sampling results; (iv) the owners and | 10 | | operators of community water systems to provide notice to | 11 | | occupants of potentially affected residences of construction | 12 | | or repair work on water mains, lead service lines, or water | 13 | | meters; and (v) owners and operators of community water systems | 14 | | to create a comprehensive lead service line inventory. | 15 | | (b) For the purposes of this Section: | 16 | | "Community water system" has the meaning ascribed to | 17 | | that term in 35 Ill. Adm. Code 611.101. | 18 | | "Potentially affected residence" means any residence | 19 | | where water service is or may be temporarily interrupted or | 20 | | shut off by or on behalf of an owner or operator of a | 21 | | community water system because construction or repair work | 22 | | is to be performed by or on behalf of the owner or operator | 23 | | of a community water system on or affecting a water main, | 24 | | service line, or water meter. | 25 | | "School building" means any facility or portion | 26 | | thereof that may be occupied by more than 10 children or |
| | | 09900SB0550ham001 | - 13 - | LRB099 03301 MJP 51716 a |
|
| 1 | | students, pre-kindergarten through grade 5, within (a) a | 2 | | school district or (b) a public, private, charter, or | 3 | | nonpublic day or residential educational institution, that | 4 | | receives water from a community water system. | 5 | | "Source of potable water" means the point at which | 6 | | non-bottled water that may be ingested by children or used | 7 | | for food preparation exits any tap, faucet, drinking | 8 | | fountain, wash basin in a classroom occupied by children or | 9 | | students under grade 1, or similar point of use provided, | 10 | | however, that all (a) bathroom sinks and (b) wash basins | 11 | | used by janitorial staff are excluded from this definition. | 12 | | (c) Each school district
or chief school administrator, or | 13 | | the designee of the school district
or chief school | 14 | | administrator, and the corresponding owner and operator of a | 15 | | community water system shall test each source of potable water | 16 | | in a school building for lead contamination as required in this | 17 | | subsection. | 18 | | (1) Each school district
or chief school | 19 | | administrator, or the designee of the school district
or | 20 | | chief school administrator, shall collect a minimum of | 21 | | three 250 milliliter sequential samples of water from each | 22 | | source of potable water located at each corresponding | 23 | | school building. The water corresponding to the first 250 | 24 | | milliliter sample from each source of potable water shall | 25 | | have been standing in the plumbing pipes for at least 8 | 26 | | hours, but not more than 18 hours, without any flushing of |
| | | 09900SB0550ham001 | - 14 - | LRB099 03301 MJP 51716 a |
|
| 1 | | the source of potable water before sample collection. | 2 | | Samples shall be collected pursuant to such other | 3 | | specifications as the Agency may determine appropriate. | 4 | | (2) Each school district
or chief school | 5 | | administrator, or the designee of the school district
or | 6 | | chief school administrator, shall submit (A) the samples to | 7 | | an Agency-accredited laboratory for analysis for lead in | 8 | | accordance with the instructions supplied by the owners and | 9 | | operators of the community water system and (B) the written | 10 | | sampling results to the Agency and the Department of Public | 11 | | Health within 7 business days of receipt of the results. | 12 | | (3) If any sample tests positive for lead, the school | 13 | | district
or chief school administrator, or the designee of | 14 | | the school district
or chief school administrator, shall | 15 | | promptly provide an individual notification of the | 16 | | sampling results, via written or electronic communication, | 17 | | to the parents or legal guardians of all enrolled students | 18 | | of the sampling results and include the following | 19 | | information: the corresponding sampling location within | 20 | | the school building and the United States Environmental | 21 | | Protection Agency's website for information about lead in | 22 | | drinking water. | 23 | | (4) Sampling and analysis shall be completed by the | 24 | | following applicable deadlines: for school buildings | 25 | | constructed prior to January 1, 1987, by December 31, 2017; | 26 | | and for school buildings constructed on and after January |
| | | 09900SB0550ham001 | - 15 - | LRB099 03301 MJP 51716 a |
|
| 1 | | 1, 1987, by December 31, 2018. | 2 | | (5) The owner and operator of the community water | 3 | | system shall (A) provide each corresponding school | 4 | | district
or chief school administrator, or the designee of | 5 | | the school district
or chief school administrator, with the | 6 | | (i) sampling instructions, (ii) equipment necessary to | 7 | | collect all samples required under this subsection from the | 8 | | school buildings of each such school district
or chief | 9 | | school administrator, or the designee of the school | 10 | | district
or chief school administrator, and (iii) | 11 | | instructions for delivering the samples to an | 12 | | Agency-accredited laboratory; and (B) pay for the total | 13 | | cost of the laboratory analysis of all such required | 14 | | samples. | 15 | | (6) The school district
or chief school administrator, | 16 | | or the designee of the school district
or chief school | 17 | | administrator, may provide written notice to the owner and | 18 | | operator of the corresponding community water system that | 19 | | it will undertake all responsibilities under this | 20 | | subsection. If the school district
or chief school | 21 | | administrator, or the designee of the school district
or | 22 | | chief school administrator, provides such written notice, | 23 | | the owner and operator of the corresponding community water | 24 | | system shall be exempt from the requirements of this | 25 | | subsection. | 26 | | (7) A school district
or chief school administrator, or |
| | | 09900SB0550ham001 | - 16 - | LRB099 03301 MJP 51716 a |
|
| 1 | | the designee of the school district
or chief school | 2 | | administrator, may seek a waiver of the requirements of | 3 | | this subsection from the Agency, in consultation with the | 4 | | Department of Public Health, if (A) the school district
or | 5 | | chief school administrator, or the designee of the school | 6 | | district
or chief school administrator, collected at least | 7 | | one 250 milliliter sample of water from each source of | 8 | | potable water that had been standing in the plumbing pipes | 9 | | for at least 6 hours and that was collected without | 10 | | flushing the source of potable water before collection, (B) | 11 | | an Agency-accredited laboratory analyzed the samples, (C) | 12 | | test results were obtained prior to the effective date of | 13 | | this amendatory Act of the 99th General Assembly, but after | 14 | | January 1, 2013, and (D) test results were submitted to the | 15 | | Agency and the Department of Public Health within 120 days | 16 | | of the effective date of this amendatory Act of the 99th | 17 | | General Assembly. | 18 | | (8) Lead sampling results obtained shall not be used | 19 | | for purposes of determining compliance with the Board's | 20 | | rules that implement the national primary drinking water | 21 | | regulations for lead and copper. | 22 | | (d) The owner or operator of each community water system in | 23 | | the State shall develop a water distribution system material | 24 | | inventory that shall be submitted to the Agency and the | 25 | | Department of Public Health on or before April 15 of each year. | 26 | | In addition to meeting the requirements for water distribution |
| | | 09900SB0550ham001 | - 17 - | LRB099 03301 MJP 51716 a |
|
| 1 | | system material inventories that are mandated by the United | 2 | | States Environmental Protection Agency, each water | 3 | | distribution system material inventory shall identify: | 4 | | (1) all known lead service lines within or connected to | 5 | | its community water system distribution system, including | 6 | | privately owned lead service lines; | 7 | | (2) the lead service lines that were added to the | 8 | | inventory after the previous year's submission; | 9 | | (3) the total number of service lines within the | 10 | | community water supply distribution system; | 11 | | (4) the percentage of service lines that are known to | 12 | | contain lead; | 13 | | (5) the percentage of service lines that are known to | 14 | | be of a material other than lead; and | 15 | | (6) the percentage of service lines added to the | 16 | | inventory after the previous submission of the annual lead | 17 | | service line inventory. | 18 | | (e) Beginning January 1, 2017, when conducting routine | 19 | | inspections of community water systems as required under this | 20 | | Act, the Agency may conduct a separate audit to identify | 21 | | progress that the community water system has made toward | 22 | | completing the water distribution system material inventories | 23 | | required under subsection (d) of this Section. | 24 | | (f) The owner or operator of a community water system shall | 25 | | provide a notice of the individual tap sampling results to the | 26 | | persons served by the water system at the specific sampling |
| | | 09900SB0550ham001 | - 18 - | LRB099 03301 MJP 51716 a |
|
| 1 | | site from which the sample was taken (e.g., the occupants of | 2 | | the residence where the tap was tested) and to the persons who | 3 | | receive the water bills for each residence. In preparing such | 4 | | notice and providing it to the persons required under this | 5 | | subsection, the owner or operator of a community water system | 6 | | shall comply with the requirements set forth in 35 Ill. Adm. | 7 | | Code 611.355(d)(2)-(4). The notification described in this | 8 | | subsection (f) is in addition to any other notification that | 9 | | may be required. | 10 | | (g) The owner or operator of the community water system | 11 | | shall provide notice of construction or repair work on a water | 12 | | main service line, or water meter in accordance with the | 13 | | following requirements: | 14 | | (1) Within 14 days prior to beginning planned work to | 15 | | repair or replace any water mains or lead service lines, | 16 | | the owner or operator of a community water system shall | 17 | | notify, through an individual notice, each occupant of each | 18 | | potentially affected residence of the planned work. In | 19 | | cases where a community water system must perform | 20 | | construction or repair work on an emergency basis or where | 21 | | such work is not scheduled at least 14 days prior to work | 22 | | taking place, the community water system shall notify each | 23 | | occupant of each potentially affected residence as soon as | 24 | | reasonably possible. When work is to repair or replace a | 25 | | water meter, the notification shall be provided at the time | 26 | | the work is initiated. |
| | | 09900SB0550ham001 | - 19 - | LRB099 03301 MJP 51716 a |
|
| 1 | | (2) Such written notification shall include, at a | 2 | | minimum: | 3 | | (A) a warning that the work may result in sediment, | 4 | | possibly containing lead, in the residence's water | 5 | | supply; and | 6 | | (B) information concerning best practices for | 7 | | preventing the consumption of any lead in drinking | 8 | | water, including a recommendation to flush water lines | 9 | | during and after the completion of the repair or | 10 | | replacement work and to clean faucet aerator screens; | 11 | | and | 12 | | (C) information regarding the dangers of lead in | 13 | | young children. | 14 | | (3) To the extent that the owner or operator of a | 15 | | community water system serves non-English speaking | 16 | | consumers, the notification must contain information in | 17 | | the appropriate languages regarding the importance of the | 18 | | notice, and it must contain a telephone number or address | 19 | | where a person served may contact the owner or operator of | 20 | | the community water system to obtain a translated copy of | 21 | | the notification or to request assistance in the | 22 | | appropriate language. | 23 | | (4) The notification requirements in this subsection | 24 | | (g) do not apply to work performed on water mains that are | 25 | | used to transmit treated water between community water | 26 | | systems and have no service connections.
|
| | | 09900SB0550ham001 | - 20 - | LRB099 03301 MJP 51716 a |
|
| 1 | | (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
| 2 | | Sec. 19.3. Water Revolving Fund.
| 3 | | (a) There is hereby created within the State Treasury a | 4 | | Water Revolving
Fund, consisting of 3 interest-bearing special | 5 | | programs to be known as the
Water Pollution Control Loan | 6 | | Program, the Public Water Supply Loan Program, and
the Loan | 7 | | Support Program, which shall be used and administered by the | 8 | | Agency.
| 9 | | (b) The Water Pollution Control Loan Program shall be used | 10 | | and administered
by the Agency to provide assistance for the | 11 | | following purposes:
| 12 | | (1) to accept and retain funds from grant awards, | 13 | | appropriations,
transfers, and payments of interest and | 14 | | principal;
| 15 | | (2) to make direct loans at or below market interest | 16 | | rates and to provide additional subsidization, including, | 17 | | but not limited to, forgiveness of principal, negative | 18 | | interest rates, and grants, to any
eligible local | 19 | | government unit to finance the construction of
treatments | 20 | | works, including storm water treatment systems that are | 21 | | treatment works, and projects that fulfill federal State | 22 | | Revolving Fund grant requirements for a green project | 23 | | reserve;
| 24 | | (2.5) with respect to funds provided under the American | 25 | | Recovery and Reinvestment Act of 2009: |
| | | 09900SB0550ham001 | - 21 - | LRB099 03301 MJP 51716 a |
|
| 1 | | (A) to make direct loans at or below market | 2 | | interest rates to any eligible local government unit | 3 | | and to provide additional subsidization to any | 4 | | eligible local government unit, including, but not | 5 | | limited to, forgiveness of principal, negative | 6 | | interest rates, and grants; | 7 | | (B) to make direct loans at or below market | 8 | | interest rates to any eligible local government unit to | 9 | | buy or refinance debt obligations for treatment works | 10 | | incurred on or after October 1, 2008; and | 11 | | (C) to provide additional subsidization, | 12 | | including, but not limited to, forgiveness of | 13 | | principal, negative interest rates, and grants for | 14 | | treatment works incurred on or after October 1, 2008; | 15 | | (3) to make direct loans at or below market interest | 16 | | rates and to provide additional subsidization, including, | 17 | | but not limited to, forgiveness of principal, negative | 18 | | interest rates, and grants, to any
eligible local | 19 | | government unit to buy or refinance debt obligations for | 20 | | costs
incurred after March 7, 1985, for the construction of | 21 | | treatment works, including storm water treatment systems | 22 | | that are treatment works, and projects that fulfill federal | 23 | | State Revolving Fund grant requirements for a green project | 24 | | reserve;
| 25 | | (3.5) to make loans, including, but not limited to, | 26 | | loans through a linked deposit program, at or below market |
| | | 09900SB0550ham001 | - 22 - | LRB099 03301 MJP 51716 a |
|
| 1 | | interest rates for the
implementation of a management | 2 | | program established under Section 319 of the
Federal Water | 3 | | Pollution Control Act, as amended;
| 4 | | (4) to guarantee or purchase insurance for local | 5 | | obligations
where such action would improve credit market | 6 | | access or reduce interest rates;
| 7 | | (5) as a source of revenue or security for the payment | 8 | | of principal and
interest on revenue or general obligation | 9 | | bonds issued by the State or any
political subdivision or | 10 | | instrumentality thereof, if the proceeds of such
bonds will | 11 | | be deposited in the Fund;
| 12 | | (6) to finance the reasonable costs incurred by the | 13 | | Agency in the
administration of the Fund;
| 14 | | (7) to transfer funds to the Public Water Supply Loan | 15 | | Program; and
| 16 | | (8) notwithstanding any other provision of this | 17 | | subsection (b), to provide, in accordance with rules | 18 | | adopted under this Title, any other financial assistance | 19 | | that may be provided under Section 603 of the Federal Water | 20 | | Pollution Control Act for any other projects or activities | 21 | | eligible for assistance under that Section or federal rules | 22 | | adopted to implement that Section. | 23 | | (c) The Loan Support Program shall be used and administered | 24 | | by the Agency
for the following purposes:
| 25 | | (1) to accept and retain funds from grant awards and | 26 | | appropriations;
|
| | | 09900SB0550ham001 | - 23 - | LRB099 03301 MJP 51716 a |
|
| 1 | | (2) to finance the reasonable costs incurred by the | 2 | | Agency in the
administration of the Fund, including | 3 | | activities under Title III of this
Act, including the | 4 | | administration of the State
construction grant program;
| 5 | | (3) to transfer funds to the Water Pollution Control | 6 | | Loan
Program and the Public Water Supply Loan Program;
| 7 | | (4) to accept and retain a portion of the loan | 8 | | repayments;
| 9 | | (5) to finance the development of the low interest loan
| 10 | | programs for water pollution control and public water | 11 | | supply projects;
| 12 | | (6) to finance the reasonable costs incurred by the | 13 | | Agency to provide
technical assistance for public water | 14 | | supplies; and
| 15 | | (7) to finance the reasonable costs incurred by the | 16 | | Agency for
public water system supervision programs, to | 17 | | administer or provide for
technical assistance through | 18 | | source water protection programs, to develop and
implement | 19 | | a capacity development strategy, to delineate and assess | 20 | | source water
protection areas, and for an operator | 21 | | certification program in accordance with
Section 1452 of | 22 | | the federal Safe Drinking Water Act.
| 23 | | (d) The Public Water Supply Loan Program shall be used and | 24 | | administered by
the Agency to provide assistance to local | 25 | | government units and privately owned
community water supplies | 26 | | for public water systems as defined in 40 CFR 141.2 and 40 CFR |
| | | 09900SB0550ham001 | - 24 - | LRB099 03301 MJP 51716 a |
|
| 1 | | 35.3505
supplies for the following public purposes:
| 2 | | (1) to accept and retain funds from grant awards, | 3 | | appropriations,
transfers, and payments of interest and | 4 | | principal;
| 5 | | (2) to make direct loans at or below market interest | 6 | | rates and to provide additional subsidization, including, | 7 | | but not limited to, forgiveness of principal, negative | 8 | | interest rates, and grants, to any eligible
local | 9 | | government unit or to any eligible privately owned | 10 | | community water supply
to finance the construction of water | 11 | | supplies and projects that fulfill federal State Revolving | 12 | | Fund grant requirements for a green project reserve;
| 13 | | (2.5) with respect to funds provided under the American | 14 | | Recovery and Reinvestment Act of 2009: | 15 | | (A) to make direct loans at or below market | 16 | | interest rates to any eligible local government unit or | 17 | | to any eligible privately owned community water | 18 | | supply, and to provide additional subsidization to any | 19 | | eligible local government unit or to any eligible | 20 | | privately owned community water supply, including, but | 21 | | not limited to, forgiveness of principal, negative | 22 | | interest rates, and grants; | 23 | | (B) to buy or refinance the debt obligation of a | 24 | | local government unit for costs incurred on or after | 25 | | October 1, 2008; and
| 26 | | (C) to provide additional subsidization, |
| | | 09900SB0550ham001 | - 25 - | LRB099 03301 MJP 51716 a |
|
| 1 | | including, but not limited to, forgiveness of | 2 | | principal, negative interest rates, and grants for a | 3 | | local government unit for costs incurred on or after | 4 | | October 1, 2008; | 5 | | (3) to make direct loans at or below market interest | 6 | | rates and to provide additional subsidization, including, | 7 | | but not limited to, forgiveness of principal, negative | 8 | | interest rates, and grants, to any eligible local | 9 | | government unit or to any eligible privately owned | 10 | | community water supply to buy or refinance debt obligations | 11 | | for
costs incurred on or after July 17, 1997, for the | 12 | | construction of water supplies and projects that fulfill | 13 | | federal State Revolving Fund requirements for a green | 14 | | project reserve;
| 15 | | (4) to guarantee local obligations where such action | 16 | | would improve credit
market access or reduce interest | 17 | | rates;
| 18 | | (5) as a source of revenue or security for the payment | 19 | | of principal and
interest on revenue or general obligation | 20 | | bonds issued by the State or any
political subdivision or | 21 | | instrumentality thereof, if the proceeds of such
bonds will | 22 | | be deposited into the Fund; and
| 23 | | (6) to transfer funds to the Water Pollution Control | 24 | | Loan Program ; and .
| 25 | | (7) notwithstanding any other provision of this | 26 | | subsection (d), to provide any other financial assistance |
| | | 09900SB0550ham001 | - 26 - | LRB099 03301 MJP 51716 a |
|
| 1 | | that may be provided under Section 1452 of the federal Safe | 2 | | Drinking Water Act for any expenditures eligible for | 3 | | assistance under that Section or federal rules adopted to | 4 | | implement that Section. | 5 | | (e) The Agency is designated as the administering agency of | 6 | | the Fund.
The Agency shall submit to the Regional Administrator | 7 | | of the United States
Environmental Protection Agency an | 8 | | intended use plan which outlines the
proposed use of funds | 9 | | available to the State. The Agency shall take all
actions | 10 | | necessary to secure to the State the benefits of the federal
| 11 | | Water Pollution Control Act and the federal Safe Drinking Water | 12 | | Act, as now
or hereafter amended.
| 13 | | (f) The Agency shall have the power to enter into | 14 | | intergovernmental
agreements with the federal government or | 15 | | the State, or any instrumentality
thereof, for purposes of | 16 | | capitalizing the Water Revolving Fund.
Moneys on deposit in the | 17 | | Water Revolving Fund may be used for the
creation of reserve | 18 | | funds or pledged funds that secure the obligations
of repayment | 19 | | of loans made pursuant to this Section. For the purpose
of | 20 | | obtaining capital for deposit into the Water Revolving Fund, | 21 | | the
Agency may also enter into agreements with financial | 22 | | institutions and other
persons for the purpose of selling loans | 23 | | and developing a secondary market
for such loans. The Agency | 24 | | shall have the power to create and establish such
reserve funds | 25 | | and accounts as may be necessary or desirable to accomplish its
| 26 | | purposes under this subsection and to allocate its available |
| | | 09900SB0550ham001 | - 27 - | LRB099 03301 MJP 51716 a |
|
| 1 | | moneys into such
funds and accounts. Investment earnings on | 2 | | moneys held in the Water Revolving
Fund, including any reserve | 3 | | fund or pledged fund, shall be deposited into the
Water | 4 | | Revolving Fund.
| 5 | | (Source: P.A. 98-782, eff. 7-23-14; 99-187, eff. 7-29-15.)
| 6 | | (415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4)
| 7 | | Sec. 19.4. Regulations; priorities.
| 8 | | (a) The Agency shall have the authority to promulgate
| 9 | | regulations for the administration of this Title, including, | 10 | | but not limited to, rules setting forth procedures and criteria | 11 | | concerning loan
applications and the issuance of loans. For | 12 | | loans to units of local government, the regulations shall
| 13 | | include, but need not be limited to, the following elements:
| 14 | | (1) loan application requirements;
| 15 | | (2) determination of credit worthiness of the loan | 16 | | applicant;
| 17 | | (3) special loan terms, as necessary, for securing the | 18 | | repayment of the
loan;
| 19 | | (4) assurance of payment;
| 20 | | (5) interest rates;
| 21 | | (6) loan support rates;
| 22 | | (7) impact on user charges;
| 23 | | (8) eligibility of proposed construction;
| 24 | | (9) priority of needs;
| 25 | | (10) special loan terms for disadvantaged communities;
|
| | | 09900SB0550ham001 | - 28 - | LRB099 03301 MJP 51716 a |
|
| 1 | | (11) maximum limits on annual distributions of funds to | 2 | | applicants
or groups of applicants;
| 3 | | (12) penalties for noncompliance with loan | 4 | | requirements and conditions,
including stop-work orders, | 5 | | termination, and recovery of loan funds; and
| 6 | | (13) indemnification of the State of Illinois and the | 7 | | Agency by the loan
recipient.
| 8 | | (b) The Agency shall have the authority to promulgate | 9 | | regulations to set
forth procedures and criteria concerning | 10 | | loan applications for loan recipients
other than units of local | 11 | | government. In addition to all of the elements
required for | 12 | | units of local government under subsection (a), the regulations
| 13 | | shall include, but need not be limited to, the following | 14 | | elements:
| 15 | | (1) types of security required for the loan;
| 16 | | (2) types of collateral, as necessary, that can be | 17 | | pledged for the loan;
and
| 18 | | (3) staged access to fund privately owned community | 19 | | water supplies.
| 20 | | (c) Rules adopted under this Title shall also include, but | 21 | | shall not be limited to, criteria for prioritizing the issuance | 22 | | of loans under this Title according to applicant need.
Priority | 23 | | in making loans from the Public Water Supply Loan Program must | 24 | | first
be given to local government units and privately owned | 25 | | community water supplies
that need to make capital improvements | 26 | | to
protect human health and to achieve compliance with the |
| | | 09900SB0550ham001 | - 29 - | LRB099 03301 MJP 51716 a |
|
| 1 | | State and federal
primary drinking water standards adopted | 2 | | pursuant to this Act and the federal
Safe Drinking Water Act, | 3 | | as now and hereafter amended. Rules for prioritizing loans from | 4 | | the Water Pollution Control Loan Program may include, but shall | 5 | | not be limited to, criteria designed to encourage green | 6 | | infrastructure, water efficiency, environmentally innovative | 7 | | projects, and nutrient pollution removal. | 8 | | (d) The Agency shall have the authority to promulgate | 9 | | regulations to set forth procedures and criteria concerning | 10 | | loan applications for funds provided under the American | 11 | | Recovery and Reinvestment Act of 2009. In addition, due to time | 12 | | constraints in the American Recovery and Reinvestment Act of | 13 | | 2009, the Agency shall adopt emergency rules as necessary to | 14 | | allow the timely administration of funds provided under the | 15 | | American Recovery and Reinvestment Act of 2009. Emergency rules | 16 | | adopted under this subsection (d) shall be adopted in | 17 | | accordance with Section 5-45 of the Illinois Administrative | 18 | | Procedure Act. | 19 | | (e) The Agency may adopt rules to create a linked deposit | 20 | | loan program through which loans made pursuant to paragraph | 21 | | (3.5) of subsection (b) of Section 19.3 may be made through | 22 | | private lenders. Rules adopted under this subsection (e) shall | 23 | | include, but shall not be limited to, provisions requiring | 24 | | private lenders, prior to disbursing loan proceeds through the | 25 | | linked deposit loan program, to verify that the loan recipients | 26 | | have been approved by the Agency for financing under paragraph |
| | | 09900SB0550ham001 | - 30 - | LRB099 03301 MJP 51716 a |
|
| 1 | | (3.5) of subsection (b) of Section 19.3. | 2 | | (Source: P.A. 98-782, eff. 7-23-14.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
|
|