SB0550sam002 99TH GENERAL ASSEMBLY

Sen. Heather A. Steans

Filed: 5/20/2016

 

 


 

 


 
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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 Child Care Act of 1969 is amended by adding
5Section 5.9 as follows:
 
6    (225 ILCS 10/5.9 new)
7    Sec. 5.9. Lead testing of water in licensed day care
8centers, licensed day care homes, and licensed group day care
9homes.
10    (a) For the purposes of this Section:
11    "First draw-tap sample" means one liter of water that has
12stood motionless in the plumbing system of the sampling site
13for at least 6 hours.
14    "Source of potable water" means the point at which
15non-bottled water exits any tap, faucet, drinking fountain, or
16similar point of use likely to be ingested by children or used

 

 

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1for food preparation.
2    (b) Effective January 1, 2017, licensed day care centers,
3licensed day care homes, and licensed group day care homes
4shall have all sources of potable water at the facility tested
5for lead at least once every 3 years. All samples tested
6pursuant to this section must be first-draw tap samples.
7    (c) Effective January 1, 2017, as part of an initial
8application or application for renewal of a license for day
9care centers, day care homes, and group day care homes, the
10Department shall require proof that all sources of potable
11water at the facility have been tested for lead within the last
123 years.
13    (d) The results of the most recent test of each source of
14potable water at the facility shall be posted in the facility
15next to the license issued by the Department. Copies of the
16results shall be provided to parents or guardians upon request.
17The results shall be compiled into a single document and shall
18include, at a minimum, the date, source of potable water and
19lead concentration of each sample test result. Any test result
20of 15 parts per billion (15 micrograms per liter) or greater
21shall be highlighted.
22    (e) Included with the tests results referenced in
23subsection (d) shall be the following statement:
24    "Every parent or guardian is notified that this facility
25has performed tests for lead from this facility's potable water
26sources. Elevated levels of lead in drinking water can cause

 

 

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1serious health problems, especially for young children.
2Specific risks include damage to brain and kidneys, and
3interference with production of red blood cells that carry
4oxygen to all parts of the body. Scientists have linked the
5effects of lead on the brain with lowered IQ in children. Lead
6is stored in bones and it can be released later in life. There
7is no safe level of lead in drinking water or safe level of
8lead to ingest. However, State and Federal Safe Drinking Water
9Standards establish 15 parts per billion (15 micrograms per
10liter) of lead in drinking water as the lead action level."
11    (f) Licensed day care centers, licensed day care homes, and
12licensed group day care homes shall promptly submit the results
13of all tests for lead in the sources of potable water at their
14facilities to the Department and the Illinois Environmental
15Protection Agency.
 
16    Section 10. The Environmental Protection Act is amended by
17adding Section 17.11 as follows:
 
18    (415 ILCS 5/17.11 new)
19    Sec. 17.11. Lead in drinking water prevention.
20    (a) For the purposes of this Section:
21    "Child care facility" has the meaning ascribed to it in
22Section 2 of the Lead Poisoning Prevention Act.
23    "Governmental entity" means a State agency, a county, a
24municipality, a township, a public educational institution, a

 

 

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1special district, or any political subdivision thereof.
2    "Potentially affected residence" means both (1) a
3residences within 300 feet of any portion of a water main or
4water service line owned by a community water supply on which
5repair or replacement work is done, and (2) the residence or
6residences serviced by the lead service line or water meter
7that is repaired or replaced.
8    "School" means any school district or public, private, or
9nonpublic day or residential educational institution,
10including charter schools, that provides elementary or
11secondary education for grade 12 or under.
12    (b) The owner or operator of a community water supply shall
13sample for lead at all potable water sources likely to be
14consumed by children or used for food preparation in all
15schools in its distribution system at least once during every 3
16year sampling period. The first 3 year school sampling period
17begins January 1, 2017. The owner or operator of a community
18water supply shall submit the sample results to the Agency and
19school or child care facility within 2 business days of receipt
20of the results by the community water supply. The Agency shall
21publish all sample results on its website within 14 days of
22receipt by the Agency. If any sample exceeds the lead action
23level of 15 parts per billion (15 micrograms per liter) the
24school shall promptly notify the parents or legal guardians of
25all potentially affected students of the location of the
26exceedance and direct them to the United States Environmental

 

 

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1Protection Agency's website for information about lead in
2drinking water.
3    (c) Within 180 days of the effective date of this
4amendatory Act of the 99th General Assembly, the owner or
5operator of a community water supply shall develop and submit
6to the Agency a plan to compile a comprehensive inventory of
7all lead service lines within the community water supply
8distribution system including privately owned lead service
9lines. At a minimum, the plan shall:
10        (1) include a procedure for determining whether any
11    water service lines exposed as a result of construction or
12    excavation by the community water supply or any other
13    public utility are made of lead; and
14        (2) include a procedure by which the owner or operator
15    of the community water supply will update the information
16    in its lead service line inventory on at least an annual
17    basis.
18    The owner or operator of a community water supply shall
19implement the lead service line inventory development plan in
20accordance with its terms.
21    (d) On or before April 15 of each year, the owner or
22operator of a community water supply shall submit to the Agency
23an inventory of all known lead service lines within its
24community water supply distribution system including privately
25owned lead service lines current through at least the end of
26the previous calendar year. The lead service line inventory

 

 

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1shall separately identify the lead service lines that were
2added to the inventory after the previous year's submission.
3The lead service line inventory shall also include a summary
4that provides:
5        (1) the total number of service lines within the
6    community water supply distribution system;
7        (2) the percentage of service lines that are known to
8    contain lead;
9        (3) the percentage of service lines that are known to
10    be of a material other than lead;
11        (4) the percentage of service lines added to the
12    inventory after the previous submission of the annual lead
13    line inventory; and
14        (5) the location of lead service lines within the
15    community water supply distribution system and their
16    lengths, if known.
17    (e) On or before June 30 of each year, the Agency shall
18publish on its website each community water supply's annual
19lead service line inventory, including the information listed
20in paragraphs (1) through (5) in subsection (d).
21    (f) Prior to January 1, 2018, each governmental entity in
22the State shall compile a comprehensive inventory of the lead
23service lines servicing the structures of which it is the
24owner. The governmental entity shall submit that inventory to
25the Agency and each community water supply of whose
26distribution system any of its lead service lines are a part.

 

 

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1The owner or operator of a community water supply shall
2incorporate information concerning government building lead
3service line inventories submitted to it by any governmental
4entities into its lead service line inventory as soon as
5practicable after it receives such information.
6    (g) The owner or operator of a community water supply shall
7promptly notify the owners and occupants of a residence where
8any individual tap sample exceeds 15 parts per billion (15
9micrograms per liter). The notification shall include:
10        (1) appropriate consumer education materials informing
11    the owners and occupants of the health hazards associated
12    with the ingestion of lead and actions that may be taken to
13    reduce or eliminate lead levels in drinking water; and
14        (2) contact information for one or more individuals at
15    the local or state health department who will be able to
16    provide additional information concerning the health
17    hazards of elevated lead levels in drinking water.
18    (h) The owner or operator of a community water supply
19shall, 14 days prior to beginning planned work to repair or
20replace any water mains, lead service lines or water meters,
21notify the owners and occupants of all potentially affected
22residences of the planned work. The notification shall include:
23        (1) a warning that the work may result in sediment,
24    possibly containing lead, in the residence's water supply;
25    and
26        (2) information concerning best practices for

 

 

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1    preventing the consumption of any lead in drinking water,
2    including a recommendation to flush water lines during and
3    after the completion of the repair or replacement work and
4    to clean faucet aerator screens.".