SB0550sam001 99TH GENERAL ASSEMBLY

Sen. Heather A. Steans

Filed: 4/15/2016

09900SB0550sam001 LRB099 03301 MJP 47037 a

AMENDMENT TO SENATE BILL 550

AMENDMENT NO. ______. Amend Senate Bill 550 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Lead in Drinking Water Prevention Act.

Section 5. Definitions. In this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Community water supply" or "community water system" means a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

"High risk area" means a geographical location where there is an increased risk that the concentration of lead in drinking water supplied to residences is equal to or above the household action level. Such areas include, but are not limited to: neighborhoods where data shows residence at any time after 1996 by children less than 6 years old with elevated lead blood levels equal to or greater than 10 micrograms per deciliter; residences with known lead service lines or lead solder; residences built before 1986; day care centers and day care homes as defined in 89 Ill. Admin. Code 405.2; child care institutions as defined in 89 Ill. Admin. Code 404.2; and census tracts where at least 20% of residents are living in poverty as defined by the U.S. Census Bureau.

"Household action level" means the concentration of lead in water found in any single sample that determines the treatment requirements that a supplier must complete, which is 0.015 milligrams per liter. On and after the effective date of this Act, this definition of "household action level" supersedes the 90th percentile requirement set forth in 35 Ill. Adm. Code 611.350. This level shall be revised as needed to remain consistent with federal regulations in 40 CFR 141.80(c) and adopted in 35 Ill. Adm. Code 611.350(c).

"Non-community water system" means either a transient non-community water system or a non-transient non-community water system. "Non-community water system" does not include a community water system.

"Non-transient, non-community water system" means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year.

"Public water system" means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if the system: has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year; and is either a community water system or a non-community water system. "Public water system" includes: any collection, treatment, storage, and distribution facilities under the control of the operator of a public water system and used primarily in connection with a public water system; and any collection or pretreatment storage facilities not under the control of a public water system that are used primarily in connection with a public water system. "Public water system" does not include a special irrigation district.

"Supplier of water" or "supplier" means any person who owns or operates a public water system.

"Transient, non-community water system" means a non-community water system that does not regularly serve at least 25 of the same persons over 6 months of the year.

Section 10. Scope.

(a) This Act applies to community water systems, transient non-community water systems, and non-transient non-community water systems and their respective suppliers.

(b) Community water systems are regulated by the Agency under the Environmental Protection Act.

(c) Transient non-community water systems and non-transient non-community water systems are regulated by the Department of Public Health under 35 Ill. Adm. Code 611.

(d) The Agency and the Department of Public Health shall be responsible for enforcing the provisions of this Act for the respective water systems over which they have jurisdiction.

Section 15. Testing and reporting requirements.

(a) No public water system may supply water with a lead level in excess of the household action level. The Agency and the Department of Public Health, by rule, shall enforce this requirement, including the establishment and enforcement of fines for its violation, and shall develop practices required to enforce this requirement, including but not limited to, requiring any public water system to notify the local health department, and the Agency or the Department of Public Health, as appropriate, if lead levels in any single water sample exceed the federal action level threshold, as established in 40 CFR 141.80(c) and adopted in 35 Ill. Adm. Code 611.350(c). The public water system may investigate any samples in a timely manner, not to exceed 14 days, to eliminate sampling or analysis errors before being required to give notification of excessive lead levels, however, any such errors must be fully documented and explained in writing to the Agency or Department of Public Health, as appropriate.

(b) Public water systems shall implement regular monitoring in a manner that is representative of the distribution system. However, any monitoring under this subsection shall be in addition to the monitoring required under federal rules, and the public water system shall ensure that areas at higher risk of lead (including areas with known or suspected lead service lines) are emphasized in the monitoring program as required by federal rules. Additional monitoring sites beyond the high risk areas required to be monitored under federal rules must be evenly distributed throughout the geographic region covered by the public water system and testing sites must accurately represent the demographics of the region. Any determination as to whether the federal action level is exceeded shall be made in accordance with federal rules.

(c) All water sampling must be conducted in accordance with the Agency's current guidance on tap sampling. The Agency shall ensure that monitoring is conducted in a manner and using protocols most likely to find lead that may be present in tap water; methods that reduce the likelihood of finding lead, including, but not limited to, pre-flushing, removal of aerator screens, or use of small-necked sampling bottles shall not be used.

(d) Any public water system that changes its original water supply to a new water supply must conduct a corrosivity test and implement any applicable corrosion control treatment requirements.

(e) Any public water system that finds lead levels in excess of the household action level must reassess the corrosivity of its water supply and implement applicable corrosion control treatments.

(f) Suppliers shall provide the opportunity for a consumer to self-test his or her water supply and provide testing results to the supplier. The results of consumer-initiated tests shall be reported to the local health department, and the Agency or the Department of Public Health, as appropriate, when results from a consumer-initiated test exceed the household action level. Suppliers shall compile all data received from consumer-initiated testing and use the results to assess the effectiveness of current corrosion control treatments. The Agency shall make State testing labs available to suppliers to conduct testing of consumer-initiated water samples.

(g) Suppliers shall conduct tap sampling in areas in which water mains, water pipes, or other plumbing fixtures have been replaced, repaired, or otherwise disturbed. Testing must be conducted monthly for a minimum of one year to ensure that lead levels do not exceed either the household action level or federal action level after any such disturbance of the water system.

(h) The Agency shall prioritize lead abatement and lead cleanup projects when allocating funds from the Water Revolving Fund created in Section 19.3 of the Environmental Protection Act.

Section 20. Public education and notice requirements.

(a) In addition to the public education requirements established in 35 Ill. Adm. Code 611.355, all suppliers shall provide supplemental public education programs and materials to residents of high-risk areas and vulnerable people, such as pregnant women and families with children. Suppliers must publish these supplemental public education programs and materials to the supplier's respective public website. The information set forth in paragraph (3) shall be included in each monthly bill sent from suppliers to customers residing in high risk areas. Such materials and programs shall include, but are not limited to, information on all of the following:

(1) The health effects of lead, including: that lead can cause serious health problems if too much enters your body from drinking water or other sources; that lead can cause damage to the brain and kidneys, and can interfere with the production of red blood cells that carry oxygen to all parts of your body; that the greatest risk of lead exposure is to infants, young children, and pregnant women; that scientists have linked the effects of lead on the brain with lowered IQ in children; that adults with kidney problems and high blood pressure can be affected by low levels of lead more than healthy adults; that lead is stored in the bones, and it can be released later in life; and that during pregnancy, the child receives lead from the mother's bones, which may affect brain development.

(2) The sources of lead including explaining what lead is; explaining possible sources of lead in drinking water and how lead enters drinking water; information on home and building plumbing materials and service lines that may contain lead; and other important sources of lead exposure in addition to drinking water (such as paint).

(3) Steps the consumer can take to reduce his or her exposure to lead in drinking water, including: encouraging running the drinking water to flush the lead out when lead has been found in his or her drinking water or when there is a risk of lead contamination in the water; explaining concerns with using hot water from the tap and specifically caution against the use of hot water for preparing baby formula when lead has been found in his or her drinking water or when there is a risk of lead contamination in the water; explaining that boiling water does not reduce lead levels; discussing other options consumers can take to reduce exposure to lead in drinking water, including use of water filters certified to remove lead; and suggesting that parents have their child's blood tested for lead.

(4) How consumers can have their water tested, including consumer-initiated testing and reporting methods.

(b) The Agency and the Department of Public Health shall annually compile a comprehensive report about the status of lead in drinking water supplies in Illinois including, but not limited to, information on current lead levels in the water supply, a comprehensive inventory of lead mains and lead service lines in the State, all efforts to reduce lead levels, and any necessary notices for high risk areas. The report shall be made accessible to the public on the websites of the Agency and the Department of Public Health.

(c) All water suppliers shall publish notices regarding lead in drinking water on their public websites and send physical and electronic mailings to all consumers including:

(1) the current status of lead in the drinking water;

(2) a summary of efforts being conducted by the supplier to reduce lead levels in drinking water;

(3) a list of high risk areas and other areas where lead levels exceed the State or federal action levels;

(4) measures consumers may take to reduce their exposure to lead in drinking water, including information set forth in paragraph (3) of subsection (a) of this Section; and

(5) an explanation of consumer-initiated testing procedures available to the consumer.

Section 25. Rulemaking. Within 6 months after the effective date of this Act, the Agency and the Department of Public Health shall adopt rules under the Illinois Administrative Procedure Act necessary to implement the provisions of this Act with respect to the water systems over which they have jurisdiction.".