SB0550ham002 99TH GENERAL ASSEMBLY

Rep. Sonya M. Harper

Filed: 11/29/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 550

2    AMENDMENT NO. ______. Amend Senate Bill 550 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5adding Division heading 150.1 of Article 11 and Section
611-150.1-1 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
11corporate authorities of any municipality that operates a
12waterworks system and that incurs reasonable costs to comply
13with Section 17.11 of the Environmental Protection Act shall
14have the authority, by ordinance, to collect a fair and
15reasonable fee from users of the system in order to recover

 

 

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1those reasonable costs. Fees collected pursuant to this Section
2shall be used exclusively for the purpose of complying with
3Section 17.11 of the Environmental Protection Act.
 
4    Section 10. The School Code is amended by changing Section
517-2.11 as follows:
 
6    (105 ILCS 5/17-2.11)  (from Ch. 122, par. 17-2.11)
7    Sec. 17-2.11. School board power to levy a tax or to borrow
8money and issue bonds for fire prevention, safety, energy
9conservation, accessibility, school security, and specified
10repair purposes.
11    (a) Whenever, as a result of any lawful order of any
12agency, other than a school board, having authority to enforce
13any school building code applicable to any facility that houses
14students, or any law or regulation for the protection and
15safety of the environment, pursuant to the Environmental
16Protection Act, any school district having a population of less
17than 500,000 inhabitants is required to alter or reconstruct
18any school building or permanent, fixed equipment; the district
19may, by proper resolution, levy a tax for the purpose of making
20such alteration or reconstruction, based on a survey report by
21an architect or engineer licensed in this State, upon all of
22the taxable property of the district at the value as assessed
23by the Department of Revenue and at a rate not to exceed 0.05%
24per year for a period sufficient to finance such alteration or

 

 

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1reconstruction, upon the following conditions:
2        (1) When there are not sufficient funds available in
3    the operations and maintenance fund of the school district,
4    the school facility occupation tax fund of the district, or
5    the fire prevention and safety fund of the district, as
6    determined by the district on the basis of rules adopted by
7    the State Board of Education, to make such alteration or
8    reconstruction or to purchase and install such permanent,
9    fixed equipment so ordered or determined as necessary.
10    Appropriate school district records must be made available
11    to the State Superintendent of Education, upon request, to
12    confirm this insufficiency.
13        (2) When a certified estimate of an architect or
14    engineer licensed in this State stating the estimated
15    amount necessary to make the alteration or reconstruction
16    or to purchase and install the equipment so ordered has
17    been secured by the school district, and the estimate has
18    been approved by the regional superintendent of schools
19    having jurisdiction over the district and the State
20    Superintendent of Education. Approval must not be granted
21    for any work that has already started without the prior
22    express authorization of the State Superintendent of
23    Education. If the estimate is not approved or is denied
24    approval by the regional superintendent of schools within 3
25    months after the date on which it is submitted to him or
26    her, the school board of the district may submit the

 

 

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1    estimate directly to the State Superintendent of Education
2    for approval or denial.
3    In the case of an emergency situation, where the estimated
4cost to effectuate emergency repairs is less than the amount
5specified in Section 10-20.21 of this Code, the school district
6may proceed with such repairs prior to approval by the State
7Superintendent of Education, but shall comply with the
8provisions of subdivision (2) of this subsection (a) as soon
9thereafter as may be as well as Section 10-20.21 of this Code.
10If the estimated cost to effectuate emergency repairs is
11greater than the amount specified in Section 10-20.21 of this
12Code, then the school district shall proceed in conformity with
13Section 10-20.21 of this Code and with rules established by the
14State Board of Education to address such situations. The rules
15adopted by the State Board of Education to deal with these
16situations shall stipulate that emergency situations must be
17expedited and given priority consideration. For purposes of
18this paragraph, an emergency is a situation that presents an
19imminent and continuing threat to the health and safety of
20students or other occupants of a facility, requires complete or
21partial evacuation of a building or part of a building, or
22consumes one or more of the 5 emergency days built into the
23adopted calendar of the school or schools or would otherwise be
24expected to cause such school or schools to fall short of the
25minimum school calendar requirements.
26    (b) Whenever any such district determines that it is

 

 

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1necessary for energy conservation purposes that any school
2building or permanent, fixed equipment should be altered or
3reconstructed and that such alterations or reconstruction will
4be made with funds not necessary for the completion of approved
5and recommended projects contained in any safety survey report
6or amendments thereto authorized by Section 2-3.12 of this Act;
7the district may levy a tax or issue bonds as provided in
8subsection (a) of this Section.
9    (c) Whenever any such district determines that it is
10necessary for accessibility purposes and to comply with the
11school building code that any school building or equipment
12should be altered or reconstructed and that such alterations or
13reconstruction will be made with funds not necessary for the
14completion of approved and recommended projects contained in
15any safety survey report or amendments thereto authorized under
16Section 2-3.12 of this Act, the district may levy a tax or
17issue bonds as provided in subsection (a) of this Section.
18    (d) Whenever any such district determines that it is
19necessary for school security purposes and the related
20protection and safety of pupils and school personnel that any
21school building or property should be altered or reconstructed
22or that security systems and equipment (including but not
23limited to intercom, early detection and warning, access
24control and television monitoring systems) should be purchased
25and installed, and that such alterations, reconstruction or
26purchase and installation of equipment will be made with funds

 

 

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1not necessary for the completion of approved and recommended
2projects contained in any safety survey report or amendment
3thereto authorized by Section 2-3.12 of this Act and will deter
4and prevent unauthorized entry or activities upon school
5property by unknown or dangerous persons, assure early
6detection and advance warning of any such actual or attempted
7unauthorized entry or activities and help assure the continued
8safety of pupils and school staff if any such unauthorized
9entry or activity is attempted or occurs; the district may levy
10a tax or issue bonds as provided in subsection (a) of this
11Section.
12    (e) If a school district does not need funds for other fire
13prevention and safety projects, including the completion of
14approved and recommended projects contained in any safety
15survey report or amendments thereto authorized by Section
162-3.12 of this Act, and it is determined after a public hearing
17(which is preceded by at least one published notice (i)
18occurring at least 7 days prior to the hearing in a newspaper
19of general circulation within the school district and (ii)
20setting forth the time, date, place, and general subject matter
21of the hearing) that there is a substantial, immediate, and
22otherwise unavoidable threat to the health, safety, or welfare
23of pupils due to disrepair of school sidewalks, playgrounds,
24parking lots, or school bus turnarounds and repairs must be
25made; then the district may levy a tax or issue bonds as
26provided in subsection (a) of this Section.

 

 

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1    (f) For purposes of this Section a school district may
2replace a school building or build additions to replace
3portions of a building when it is determined that the
4effectuation of the recommendations for the existing building
5will cost more than the replacement costs. Such determination
6shall be based on a comparison of estimated costs made by an
7architect or engineer licensed in the State of Illinois. The
8new building or addition shall be equivalent in area (square
9feet) and comparable in purpose and grades served and may be on
10the same site or another site. Such replacement may only be
11done upon order of the regional superintendent of schools and
12the approval of the State Superintendent of Education.
13    (g) The filing of a certified copy of the resolution
14levying the tax when accompanied by the certificates of the
15regional superintendent of schools and State Superintendent of
16Education shall be the authority of the county clerk to extend
17such tax.
18    (h) The county clerk of the county in which any school
19district levying a tax under the authority of this Section is
20located, in reducing raised levies, shall not consider any such
21tax as a part of the general levy for school purposes and shall
22not include the same in the limitation of any other tax rate
23which may be extended.
24    Such tax shall be levied and collected in like manner as
25all other taxes of school districts, subject to the provisions
26contained in this Section.

 

 

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1    (i) The tax rate limit specified in this Section may be
2increased to .10% upon the approval of a proposition to effect
3such increase by a majority of the electors voting on that
4proposition at a regular scheduled election. Such proposition
5may be initiated by resolution of the school board and shall be
6certified by the secretary to the proper election authorities
7for submission in accordance with the general election law.
8    (j) When taxes are levied by any school district for fire
9prevention, safety, energy conservation, and school security
10purposes as specified in this Section, and the purposes for
11which the taxes have been levied are accomplished and paid in
12full, and there remain funds on hand in the Fire Prevention and
13Safety Fund from the proceeds of the taxes levied, including
14interest earnings thereon, the school board by resolution shall
15use such excess and other board restricted funds, excluding
16bond proceeds and earnings from such proceeds, as follows:
17        (1) for other authorized fire prevention, safety,
18    energy conservation, and school security purposes for
19    repair and mitigation due to lead levels in the drinking
20    water supply as described in Section 17.11 of the
21    Environmental Protection Act and for required safety
22    inspections; or
23        (2) for transfer to the Operations and Maintenance Fund
24    for the purpose of abating an equal amount of operations
25    and maintenance purposes taxes.
26Notwithstanding subdivision (2) of this subsection (j) and

 

 

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1subsection (k) of this Section, through June 30, 2019, the
2school board may, by proper resolution following a public
3hearing set by the school board or the president of the school
4board (that is preceded (i) by at least one published notice
5over the name of the clerk or secretary of the board, occurring
6at least 7 days and not more than 30 days prior to the hearing,
7in a newspaper of general circulation within the school
8district and (ii) by posted notice over the name of the clerk
9or secretary of the board, at least 48 hours before the
10hearing, at the principal office of the school board or at the
11building where the hearing is to be held if a principal office
12does not exist, with both notices setting forth the time, date,
13place, and subject matter of the hearing), transfer surplus
14life safety taxes and interest earnings thereon to the
15Operations and Maintenance Fund for building repair work.
16    (k) If any transfer is made to the Operation and
17Maintenance Fund, the secretary of the school board shall
18within 30 days notify the county clerk of the amount of that
19transfer and direct the clerk to abate the taxes to be extended
20for the purposes of operations and maintenance authorized under
21Section 17-2 of this Act by an amount equal to such transfer.
22    (l) If the proceeds from the tax levy authorized by this
23Section are insufficient to complete the work approved under
24this Section, the school board is authorized to sell bonds
25without referendum under the provisions of this Section in an
26amount that, when added to the proceeds of the tax levy

 

 

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1authorized by this Section, will allow completion of the
2approved work.
3    (m) Any bonds issued pursuant to this Section shall bear
4interest at a rate not to exceed the maximum rate authorized by
5law at the time of the making of the contract, shall mature
6within 20 years from date, and shall be signed by the president
7of the school board and the treasurer of the school district.
8    (n) In order to authorize and issue such bonds, the school
9board shall adopt a resolution fixing the amount of bonds, the
10date thereof, the maturities thereof, rates of interest
11thereof, place of payment and denomination, which shall be in
12denominations of not less than $100 and not more than $5,000,
13and provide for the levy and collection of a direct annual tax
14upon all the taxable property in the school district sufficient
15to pay the principal and interest on such bonds to maturity.
16Upon the filing in the office of the county clerk of the county
17in which the school district is located of a certified copy of
18the resolution, it is the duty of the county clerk to extend
19the tax therefor in addition to and in excess of all other
20taxes heretofore or hereafter authorized to be levied by such
21school district.
22    (o) After the time such bonds are issued as provided for by
23this Section, if additional alterations or reconstructions are
24required to be made because of surveys conducted by an
25architect or engineer licensed in the State of Illinois, the
26district may levy a tax at a rate not to exceed .05% per year

 

 

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1upon all the taxable property of the district or issue
2additional bonds, whichever action shall be the most feasible.
3    (p) This Section is cumulative and constitutes complete
4authority for the issuance of bonds as provided in this Section
5notwithstanding any other statute or law to the contrary.
6    (q) With respect to instruments for the payment of money
7issued under this Section either before, on, or after the
8effective date of Public Act 86-004 (June 6, 1989), it is, and
9always has been, the intention of the General Assembly (i) that
10the Omnibus Bond Acts are, and always have been, supplementary
11grants of power to issue instruments in accordance with the
12Omnibus Bond Acts, regardless of any provision of this Act that
13may appear to be or to have been more restrictive than those
14Acts, (ii) that the provisions of this Section are not a
15limitation on the supplementary authority granted by the
16Omnibus Bond Acts, and (iii) that instruments issued under this
17Section within the supplementary authority granted by the
18Omnibus Bond Acts are not invalid because of any provision of
19this Act that may appear to be or to have been more restrictive
20than those Acts.
21    (r) When the purposes for which the bonds are issued have
22been accomplished and paid for in full and there remain funds
23on hand from the proceeds of the bond sale and interest
24earnings therefrom, the board shall, by resolution, use such
25excess funds in accordance with the provisions of Section
2610-22.14 of this Act.

 

 

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1    (s) Whenever any tax is levied or bonds issued for fire
2prevention, safety, energy conservation, and school security
3purposes, such proceeds shall be deposited and accounted for
4separately within the Fire Prevention and Safety Fund.
5(Source: P.A. 98-26, eff. 6-21-13; 98-1066, eff. 8-26-14;
699-143, eff. 7-27-15; 99-713, eff. 8-5-16.)
 
7    Section 15. The Public Utilities Act is amended by adding
8Section 9-246 as follows:
 
9    (220 ILCS 5/9-246 new)
10    Sec. 9-246. Rates; lead hazard cost recovery by
11investor-owned water utilities. In determining the rates for an
12investor-owned public utility engaged in providing water
13service, the Commission shall allow the utility to recover
14annually any reasonable costs incurred by the utility to comply
15with Section 17.11 of the Environmental Protection Act.
 
16    Section 20. The Child Care Act of 1969 is amended by adding
17Section 5.9 as follows:
 
18    (225 ILCS 10/5.9 new)
19    Sec. 5.9. Lead testing of water in licensed day care
20centers, day care homes and group day care homes.
21    (a) On or before January 1, 2018, the Department, in
22consultation with the Department of Public Health, shall adopt

 

 

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1rules that prescribe the procedures and standards to be used by
2the Department in assessing levels of lead in water in licensed
3day care centers, day care homes, and group day care homes
4constructed on or before January 1, 2000 that serve children
5under the age of 6. Such rules shall, at a minimum, include
6provisions regarding testing parameters, the notification of
7sampling results, training requirements for lead exposure and
8mitigation.
9    (b) After adoption of the rules required by subsection (a)
10of this Section 5.9, and as part of an initial application or
11application for renewal of a license for day care centers, day
12care homes, and group day care homes, the Department shall
13require proof that the applicant has complied with all such
14promulgated rules.
 
15    Section 25. The Environmental Protection Act is amended by
16changing Sections 19.3 and 19.4 and by adding Section 17.11 as
17follows:
 
18    (415 ILCS 5/17.11 new)
19    Sec. 17.11. Lead in drinking water prevention.
20    (a) The General Assembly finds that lead has been detected
21in the drinking water of schools and residences in this State.
22The General Assembly also finds that infants and young children
23may suffer adverse health effects and developmental delays as a
24result of exposure to even low levels of lead. The General

 

 

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1Assembly further finds that it is in the best interests of the
2people of the State to require school districts or chief school
3administrators, or the designees of school districts or chief
4school administrators, and the owners and operators of
5community water systems to test for lead in drinking water in
6school buildings and provide written notification of the test
7results and for the owners and operators of community water
8systems to create a comprehensive lead service line inventory.
9    The purpose of this Section is to require (i) school
10districts or chief school administrators, or the designees of
11school districts or chief school administrators, and the owners
12and operators of community water systems to test for lead with
13the goal of providing school building occupants with an
14adequate supply of safe, potable water for consumption that is
15free of lead; (ii) school districts or chief school
16administrators, or the designees of school districts or chief
17school administrator, to notify the parents and legal guardians
18of enrolled students of the sampling results from their
19respective school buildings; (iii) the owners and operators of
20community water systems to notify occupants of residences and
21water bill recipients, if different from the occupants, of
22their individual tap sampling results; (iv) the owners and
23operators of community water systems to provide notice to
24occupants of potentially affected residences of construction
25or repair work on water mains, lead service lines, or water
26meters; and (v) owners and operators of community water systems

 

 

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1to create a comprehensive lead service line inventory.
2    (b) For the purposes of this Section:
3        "Community water system" has the meaning ascribed to
4    that term in 35 Ill. Adm. Code 611.101.
5        "Potentially affected residence" means any residence
6    where water service is or may be temporarily interrupted or
7    shut off by or on behalf of an owner or operator of a
8    community water system because construction or repair work
9    is to be performed by or on behalf of the owner or operator
10    of a community water system on or affecting a water main,
11    service line, or water meter.
12        "School building" means any facility or portion
13    thereof that was constructed on or before January 1, 2000
14    and may be occupied by more than 10 children or students,
15    pre-kindergarten through grade 5, within (a) a school
16    district or (b) a public, private, charter, or nonpublic
17    day or residential educational institution, that receives
18    water from a community water system.
19        "Source of potable water" means the point at which
20    non-bottled water that may be ingested by children or used
21    for food preparation exits any tap, faucet, drinking
22    fountain, wash basin in a classroom occupied by children or
23    students under grade 1, or similar point of use provided,
24    however, that all (a) bathroom sinks and (b) wash basins
25    used by janitorial staff are excluded from this definition.
26    (c) Each school district or chief school administrator, or

 

 

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1the designee of the school district or chief school
2administrator, and the corresponding owner and operator of a
3community water system shall test each source of potable water
4in a school building for lead contamination as required in this
5subsection.
6        (1) Each school district or chief school
7    administrator, or the designee of the school district or
8    chief school administrator, shall collect a minimum of
9    three 250 milliliter sequential samples of water from each
10    source of potable water located at each corresponding
11    school building; provided, however, that to the extent that
12    multiple sources of potable water utilize the same drain,
13    (a) a minimum of three 250 milliliter sequential samples of
14    water is required from one such source of potable water,
15    and (b) only one 250 milliliter sample of water is required
16    from the remaining such sources of potable water. The water
17    corresponding to the first 250 milliliter sample from each
18    source of potable water shall have been standing in the
19    plumbing pipes for at least 8 hours, but not more than 18
20    hours, without any flushing of the source of potable water
21    before sample collection. Samples shall be collected
22    pursuant to such other specifications as the Agency may
23    determine appropriate.
24        (2) Each school district or chief school
25    administrator, or the designee of the school district or
26    chief school administrator, shall submit (A) the samples to

 

 

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1    an Agency-accredited laboratory for analysis for lead in
2    accordance with the instructions supplied by the owners and
3    operators of the community water system and (B) the written
4    sampling results to the Agency and the Department of Public
5    Health within 7 business days of receipt of the results.
6        (3) If any sample tests positive for lead, the school
7    district or chief school administrator, or the designee of
8    the school district or chief school administrator, shall
9    promptly provide an individual notification of the
10    sampling results, via written or electronic communication,
11    to the parents or legal guardians of all enrolled students
12    of the sampling results and include the following
13    information: the corresponding sampling location within
14    the school building and the United States Environmental
15    Protection Agency's website for information about lead in
16    drinking water.
17        (4) Sampling and analysis shall be completed by the
18    following applicable deadlines: for school buildings
19    constructed through January 1, 1987, by December 31, 2017;
20    and for school buildings constructed between January 2,
21    1987 and January 1, 2000, by December 31, 2018.
22        (5) The school district or chief school administrator,
23    or the designee of the school district or chief school
24    administrator, shall provide the corresponding owner and
25    operator of the community water supply with a written list
26    of all sources of potable water that are required to be

 

 

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1    sampled in each school building. Within 20 days of receipt
2    of the written list, the owner and operator of the
3    community water system shall (A) provide each
4    corresponding school district or chief school
5    administrator, or the designee of the school district or
6    chief school administrator, with the (i) sampling
7    instructions, (ii) equipment necessary to collect all
8    samples required under this subsection from the school
9    buildings of each such school district or chief school
10    administrator, or the designee of the school district or
11    chief school administrator, and (iii) instructions for
12    delivering the samples to an Agency-accredited laboratory;
13    and (B) pay for the total cost of the laboratory analysis
14    of all such required samples. The obligation of each owner
15    and operator of the community water system to pay the total
16    cost of the laboratory analysis expires if the
17    corresponding school district or chief school
18    administrator, or the designee of the school district or
19    chief school administrator, fails to submit the samples for
20    analysis prior to the applicable corresponding deadline in
21    subsection 4 of Section 17.11(c).
22        (6) The school district or chief school administrator,
23    or the designee of the school district or chief school
24    administrator, may provide written notice to the owner and
25    operator of the corresponding community water system that
26    it will undertake all responsibilities under this

 

 

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1    subsection. If the school district or chief school
2    administrator, or the designee of the school district or
3    chief school administrator, provides such written notice,
4    the owner and operator of the corresponding community water
5    system shall be exempt from the requirements of this
6    subsection.
7        (7) A school district or chief school administrator, or
8    the designee of the school district or chief school
9    administrator, may seek a waiver of the requirements of
10    this subsection from the Agency, in consultation with the
11    Department of Public Health, if (A) the school district or
12    chief school administrator, or the designee of the school
13    district or chief school administrator, collected at least
14    one 250 milliliter sample of water from each source of
15    potable water that had been standing in the plumbing pipes
16    for at least 6 hours and that was collected without
17    flushing the source of potable water before collection, (B)
18    an Agency-accredited laboratory analyzed the samples, (C)
19    test results were obtained prior to the effective date of
20    this amendatory Act of the 99th General Assembly, but after
21    January 1, 2013, and (D) test results were submitted to the
22    Agency and the Department of Public Health within 120 days
23    of the effective date of this amendatory Act of the 99th
24    General Assembly.
25        (8) Lead sampling results obtained shall not be used
26    for purposes of determining compliance with the Board's

 

 

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1    rules that implement the national primary drinking water
2    regulations for lead and copper.
3    (d) By no later than June 30, 2019, the Agency, in
4consultation with the Department of Public Health, shall
5determine whether it is necessary and appropriate to protect
6public health to require schools constructed in whole or in
7part after January 1, 2000 to conduct testing for lead from
8sources of potable water, taking into account, among other
9relevant information, the results of testing conducted
10pursuant to Section 17.11(c).
11    (e) The owner or operator of each community water system in
12the State shall develop a water distribution system material
13inventory that shall be submitted to the Agency and the
14Department of Public Health an annual basis commencing on April
1515, 2018 and continuing on each April 15 thereafter until the
16water distribution system material inventory is completed. In
17addition to meeting the requirements for water distribution
18system material inventories that are mandated by the United
19States Environmental Protection Agency, each water
20distribution system material inventory shall identify:
21provided, however, that, nothing in this subsection shall be
22construed to require that privately owned lead service lines be
23unearthed:
24        (1) all known lead service lines within or connected to
25    its community water system distribution system, including
26    privately owned lead service lines;

 

 

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1        (2) the lead service lines that were added to the
2    inventory after the previous year's submission;
3        (3) the total number of service lines within the
4    community water supply distribution system;
5        (4) the percentage of service lines that are known to
6    contain lead;
7        (5) the percentage of service lines that are known to
8    be of a material other than lead; and
9        (6) the percentage of service lines added to the
10    inventory after the previous submission of the annual lead
11    service line inventory.
12    (f) Beginning January 1, 2017, when conducting routine
13inspections of community water systems as required under this
14Act, the Agency may conduct a separate audit to identify
15progress that the community water system has made toward
16completing the water distribution system material inventories
17required under subsection (d) of this Section.
18    (g) The owner or operator of a community water system shall
19provide a notice of the individual tap sampling results to the
20persons served by the water system at the specific sampling
21site from which the sample was taken (e.g., the occupants of
22the residence where the tap was tested) and to the persons who
23receive the water bills for each residence. In preparing such
24notice and providing it to the persons required under this
25subsection, the owner or operator of a community water system
26shall comply with the requirements set forth in 35 Ill. Adm.

 

 

09900SB0550ham002- 22 -LRB099 03301 MJP 51860 a

1Code 611.355(d)(2)-(4). The notification described in this
2subsection (f) is in addition to any other notification that
3may be required.
4    (h) The owner or operator of the community water system
5shall provide notice of construction or repair work on a water
6main service line, or water meter in accordance with the
7following requirements:
8        (1) Within 14 days prior to beginning planned work to
9    repair or replace any water mains or lead service lines,
10    the owner or operator of a community water system shall
11    notify, through an individual written notice, each
12    occupant of each potentially affected residence of the
13    planned work. In cases where a community water system must
14    perform construction or repair work on an emergency basis
15    or where such work is not scheduled at least 14 days prior
16    to work taking place, the community water system shall
17    notify each occupant of each potentially affected
18    residence as soon as reasonably possible. When work is to
19    repair or replace a water meter, the notification shall be
20    provided at the time the work is initiated.
21        (2) Such notification shall include, at a minimum:
22            (A) a warning that the work may result in sediment,
23        possibly containing lead, in the residence's water
24        supply; and
25            (B) information concerning best practices for
26        preventing the consumption of any lead in drinking

 

 

09900SB0550ham002- 23 -LRB099 03301 MJP 51860 a

1        water, including a recommendation to flush water lines
2        during and after the completion of the repair or
3        replacement work and to clean faucet aerator screens;
4        and
5            (C) information regarding the dangers of lead in
6        young children.
7        (3) To the extent that the owner or operator of a
8    community water system serves a significant proportion of
9    non-English speaking consumers, the notification must
10    contain information in the appropriate languages regarding
11    the importance of the notice, and it must contain a
12    telephone number or address where a person served may
13    contact the owner or operator of the community water system
14    to obtain a translated copy of the notification or to
15    request assistance in the appropriate language.
16        (4) Notwithstanding anything to the contrary set forth
17    in this section, to the extent that notification is
18    required for the entire community served by a community
19    water system, publication notification, through a local
20    newspaper, social media or other similar means, may be
21    utilized in lieu of an individual written notification.
22        (5) The notification requirements in this subsection
23    (g) do not apply to work performed on water mains that are
24    used to transmit treated water between community water
25    systems and have no service connections.
 

 

 

09900SB0550ham002- 24 -LRB099 03301 MJP 51860 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
4Water Revolving Fund, consisting of 3 interest-bearing special
5programs to be known as the Water Pollution Control Loan
6Program, the Public Water Supply Loan Program, and the Loan
7Support Program, which shall be used and administered by the
8Agency.
9    (b) The Water Pollution Control Loan Program shall be used
10and administered by the Agency to provide assistance for the
11following 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:
26            (A) to make direct loans at or below market

 

 

09900SB0550ham002- 25 -LRB099 03301 MJP 51860 a

1        interest rates to any eligible local government unit
2        and to provide additional subsidization to any
3        eligible local government unit, including, but not
4        limited to, forgiveness of principal, negative
5        interest rates, and grants;
6            (B) to make direct loans at or below market
7        interest rates to any eligible local government unit to
8        buy or refinance debt obligations for treatment works
9        incurred on or after October 1, 2008; and
10            (C) to provide additional subsidization,
11        including, but not limited to, forgiveness of
12        principal, negative interest rates, and grants for
13        treatment works incurred on or after October 1, 2008;
14        (3) to make direct loans at or below market interest
15    rates and to provide additional subsidization, including,
16    but not limited to, forgiveness of principal, negative
17    interest rates, and grants, to any eligible local
18    government unit to buy or refinance debt obligations for
19    costs incurred after March 7, 1985, for the construction of
20    treatment works, including storm water treatment systems
21    that are treatment works, and projects that fulfill federal
22    State Revolving Fund grant requirements for a green project
23    reserve;
24        (3.5) to make loans, including, but not limited to,
25    loans through a linked deposit program, at or below market
26    interest rates for the implementation of a management

 

 

09900SB0550ham002- 26 -LRB099 03301 MJP 51860 a

1    program established under Section 319 of the Federal Water
2    Pollution Control Act, as amended;
3        (4) to guarantee or purchase insurance for local
4    obligations where such action would improve credit market
5    access or reduce interest rates;
6        (5) as a source of revenue or security for the payment
7    of principal and interest on revenue or general obligation
8    bonds issued by the State or any political subdivision or
9    instrumentality thereof, if the proceeds of such bonds will
10    be deposited in the Fund;
11        (6) to finance the reasonable costs incurred by the
12    Agency in the administration of the Fund;
13        (7) to transfer funds to the Public Water Supply Loan
14    Program; and
15        (8) notwithstanding any other provision of this
16    subsection (b), to provide, in accordance with rules
17    adopted under this Title, any other financial assistance
18    that may be provided under Section 603 of the Federal Water
19    Pollution Control Act for any other projects or activities
20    eligible for assistance under that Section or federal rules
21    adopted to implement that Section.
22    (c) The Loan Support Program shall be used and administered
23by the Agency for the following purposes:
24        (1) to accept and retain funds from grant awards and
25    appropriations;
26        (2) to finance the reasonable costs incurred by the

 

 

09900SB0550ham002- 27 -LRB099 03301 MJP 51860 a

1    Agency in the administration of the Fund, including
2    activities under Title III of this Act, including the
3    administration of the State construction grant program;
4        (3) to transfer funds to the Water Pollution Control
5    Loan Program and the Public Water Supply Loan Program;
6        (4) to accept and retain a portion of the loan
7    repayments;
8        (5) to finance the development of the low interest loan
9    programs for water pollution control and public water
10    supply projects;
11        (6) to finance the reasonable costs incurred by the
12    Agency to provide technical assistance for public water
13    supplies; and
14        (7) to finance the reasonable costs incurred by the
15    Agency for public water system supervision programs, to
16    administer or provide for technical assistance through
17    source water protection programs, to develop and implement
18    a capacity development strategy, to delineate and assess
19    source water protection areas, and for an operator
20    certification program in accordance with Section 1452 of
21    the federal Safe Drinking Water Act.
22    (d) The Public Water Supply Loan Program shall be used and
23administered by the Agency to provide assistance to local
24government units and privately owned community water supplies
25for public water systems as defined in 40 CFR 141.2 and 40 CFR
2635.3505 supplies for the following public purposes:

 

 

09900SB0550ham002- 28 -LRB099 03301 MJP 51860 a

1        (1) to accept and retain funds from grant awards,
2    appropriations, transfers, and payments of interest and
3    principal;
4        (2) to make direct loans at or below market interest
5    rates and to provide additional subsidization, including,
6    but not limited to, forgiveness of principal, negative
7    interest rates, and grants, to any eligible local
8    government unit or to any eligible privately owned
9    community water supply to finance the construction of water
10    supplies and projects that fulfill federal State Revolving
11    Fund grant requirements for a green project reserve;
12        (2.5) with respect to funds provided under the American
13    Recovery and Reinvestment Act of 2009:
14            (A) to make direct loans at or below market
15        interest rates to any eligible local government unit or
16        to any eligible privately owned community water
17        supply, and to provide additional subsidization to any
18        eligible local government unit or to any eligible
19        privately owned community water supply, including, but
20        not limited to, forgiveness of principal, negative
21        interest rates, and grants;
22            (B) to buy or refinance the debt obligation of a
23        local government unit for costs incurred on or after
24        October 1, 2008; and
25            (C) to provide additional subsidization,
26        including, but not limited to, forgiveness of

 

 

09900SB0550ham002- 29 -LRB099 03301 MJP 51860 a

1        principal, negative interest rates, and grants for a
2        local government unit for costs incurred on or after
3        October 1, 2008;
4        (3) to make direct loans at or below market interest
5    rates and to provide additional subsidization, including,
6    but not limited to, forgiveness of principal, negative
7    interest rates, and grants, to any eligible local
8    government unit or to any eligible privately owned
9    community water supply to buy or refinance debt obligations
10    for costs incurred on or after July 17, 1997, for the
11    construction of water supplies and projects that fulfill
12    federal State Revolving Fund requirements for a green
13    project reserve;
14        (4) to guarantee local obligations where such action
15    would improve credit market access or reduce interest
16    rates;
17        (5) as a source of revenue or security for the payment
18    of principal and interest on revenue or general obligation
19    bonds issued by the State or any political subdivision or
20    instrumentality thereof, if the proceeds of such bonds will
21    be deposited into the Fund; and
22        (6) to transfer funds to the Water Pollution Control
23    Loan Program; and .
24        (7) notwithstanding any other provision of this
25    subsection (d), to provide any other financial assistance
26    that may be provided under Section 1452 of the federal Safe

 

 

09900SB0550ham002- 30 -LRB099 03301 MJP 51860 a

1    Drinking Water Act for any expenditures eligible for
2    assistance under that Section or federal rules adopted to
3    implement that Section.
4    (e) The Agency is designated as the administering agency of
5the Fund. The Agency shall submit to the Regional Administrator
6of the United States Environmental Protection Agency an
7intended use plan which outlines the proposed use of funds
8available to the State. The Agency shall take all actions
9necessary to secure to the State the benefits of the federal
10Water Pollution Control Act and the federal Safe Drinking Water
11Act, as now or hereafter amended.
12    (f) The Agency shall have the power to enter into
13intergovernmental agreements with the federal government or
14the State, or any instrumentality thereof, for purposes of
15capitalizing the Water Revolving Fund. Moneys on deposit in the
16Water Revolving Fund may be used for the creation of reserve
17funds or pledged funds that secure the obligations of repayment
18of loans made pursuant to this Section. For the purpose of
19obtaining capital for deposit into the Water Revolving Fund,
20the Agency may also enter into agreements with financial
21institutions and other persons for the purpose of selling loans
22and developing a secondary market for such loans. The Agency
23shall have the power to create and establish such reserve funds
24and accounts as may be necessary or desirable to accomplish its
25purposes under this subsection and to allocate its available
26moneys into such funds and accounts. Investment earnings on

 

 

09900SB0550ham002- 31 -LRB099 03301 MJP 51860 a

1moneys held in the Water Revolving Fund, including any reserve
2fund or pledged fund, shall be deposited into the Water
3Revolving Fund.
4(Source: P.A. 98-782, eff. 7-23-14; 99-187, eff. 7-29-15.)
 
5    (415 ILCS 5/19.4)  (from Ch. 111 1/2, par. 1019.4)
6    Sec. 19.4. Regulations; priorities.
7    (a) The Agency shall have the authority to promulgate
8regulations for the administration of this Title, including,
9but not limited to, rules setting forth procedures and criteria
10concerning loan applications and the issuance of loans. For
11loans to units of local government, the regulations shall
12include, but need not be limited to, the following elements:
13        (1) loan application requirements;
14        (2) determination of credit worthiness of the loan
15    applicant;
16        (3) special loan terms, as necessary, for securing the
17    repayment of the loan;
18        (4) assurance of payment;
19        (5) interest rates;
20        (6) loan support rates;
21        (7) impact on user charges;
22        (8) eligibility of proposed construction;
23        (9) priority of needs;
24        (10) special loan terms for disadvantaged communities;
25        (11) maximum limits on annual distributions of funds to

 

 

09900SB0550ham002- 32 -LRB099 03301 MJP 51860 a

1    applicants or groups of applicants;
2        (12) penalties for noncompliance with loan
3    requirements and conditions, including stop-work orders,
4    termination, and recovery of loan funds; and
5        (13) indemnification of the State of Illinois and the
6    Agency by the loan recipient.
7    (b) The Agency shall have the authority to promulgate
8regulations to set forth procedures and criteria concerning
9loan applications for loan recipients other than units of local
10government. In addition to all of the elements required for
11units of local government under subsection (a), the regulations
12shall include, but need not be limited to, the following
13elements:
14        (1) types of security required for the loan;
15        (2) types of collateral, as necessary, that can be
16    pledged for the loan; and
17        (3) staged access to fund privately owned community
18    water supplies.
19    (c) Rules adopted under this Title shall also include, but
20shall not be limited to, criteria for prioritizing the issuance
21of loans under this Title according to applicant need. Priority
22in making loans from the Public Water Supply Loan Program must
23first be given to local government units and privately owned
24community water supplies that need to make capital improvements
25to protect human health and to achieve compliance with the
26State and federal primary drinking water standards adopted

 

 

09900SB0550ham002- 33 -LRB099 03301 MJP 51860 a

1pursuant to this Act and the federal Safe Drinking Water Act,
2as now and hereafter amended. Rules for prioritizing loans from
3the Water Pollution Control Loan Program may include, but shall
4not be limited to, criteria designed to encourage green
5infrastructure, water efficiency, environmentally innovative
6projects, and nutrient pollution removal.
7    (d) The Agency shall have the authority to promulgate
8regulations to set forth procedures and criteria concerning
9loan applications for funds provided under the American
10Recovery and Reinvestment Act of 2009. In addition, due to time
11constraints in the American Recovery and Reinvestment Act of
122009, the Agency shall adopt emergency rules as necessary to
13allow the timely administration of funds provided under the
14American Recovery and Reinvestment Act of 2009. Emergency rules
15adopted under this subsection (d) shall be adopted in
16accordance with Section 5-45 of the Illinois Administrative
17Procedure Act.
18    (e) The Agency may adopt rules to create a linked deposit
19loan program through which loans made pursuant to paragraph
20(3.5) of subsection (b) of Section 19.3 may be made through
21private lenders. Rules adopted under this subsection (e) shall
22include, but shall not be limited to, provisions requiring
23private lenders, prior to disbursing loan proceeds through the
24linked deposit loan program, to verify that the loan recipients
25have been approved by the Agency for financing under paragraph
26(3.5) of subsection (b) of Section 19.3.

 

 

09900SB0550ham002- 34 -LRB099 03301 MJP 51860 a

1(Source: P.A. 98-782, eff. 7-23-14.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".