Illinois General Assembly - Full Text of HB3739
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Full Text of HB3739  102nd General Assembly

HB3739ham001 102ND GENERAL ASSEMBLY

Rep. Lamont J. Robinson, Jr.

Filed: 4/20/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3739

2    AMENDMENT NO. ______. Amend House Bill 3739 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the Lead Service
5Line Replacement and Notification Act.
 
6    Section 5. The Department of Commerce and Economic
7Opportunity Law of the Civil Administrative Code of Illinois
8is amended by adding Section 605-870 as follows:
 
9    (20 ILCS 605/605-870 new)
10    Sec. 605-870. Low-income water assistance policy and
11program.
12    (a) The Department shall by rule establish a comprehensive
13low-income water assistance policy and program that
14incorporates financial assistance and includes, but is not
15limited to, water efficiency or water quality projects, such

 

 

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1as lead service line replacement, or other measures to ensure
2that residents have access to affordable and clean water. The
3policy and program shall not jeopardize the ability of public
4utilities, community water supplies, or other entities to
5receive just compensation for providing services. The
6resources applied in achieving the policy and program shall be
7coordinated and efficiently used through the integration of
8public programs and through the targeting of assistance. The
9rule or rules shall be adopted within 180 days after receiving
10an appropriation for the program.
11    (b) Any person who is a resident of the State and whose
12household income is not greater than an amount determined
13annually by the Department may apply for assistance under this
14Section in accordance with rules adopted by the Department. In
15setting the annual eligibility level, the Department shall
16consider the amount of available funding and may not set a
17limit higher than 150% of the poverty guidelines updated
18periodically in the Federal Register by the U.S. Department of
19Health and Human Services under the authority of 42 U.S.C.
209902(2).
21    (c) Applicants who qualify for assistance under subsection
22(b) shall, subject to appropriation from the General Assembly
23and availability of funds by the Department, receive
24assistance as provided under this Section. The Department,
25upon receipt of moneys authorized under this Section for
26assistance, shall commit funds for each qualified applicant in

 

 

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1an amount determined by the Department. In determining the
2amounts of assistance to be provided to or on behalf of a
3qualified applicant the Department shall ensure that the
4highest amounts of assistance go to households with the
5greatest water costs in relation to household income. The
6Department may consider factors such as water costs, household
7size, household income, and region of the State when
8determining individual household benefits. In adopting rules
9for the administration of this Section, the Department shall
10ensure that a minimum of one-third of the funds for the program
11are available for benefits to eligible households with the
12lowest incomes and that elderly households, households with
13persons with disabilities, and households with children under
146 years of age are offered a priority application period.
15    (d) Application materials for the program shall be made
16available in multiple languages.
 
17    Section 10. The State Finance Act is amended by adding
18Section 5.938 as follows:
 
19    (30 ILCS 105/5.938 new)
20    Sec. 5.938. The Lead Service Line Replacement Fund.
 
21    Section 15. The Environmental Protection Act is amended by
22adding Section 17.12 as follows:
 

 

 

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1    (415 ILCS 5/17.12 new)
2    Sec. 17.12. Lead service line replacement and
3notification.
4    (a) The purpose of this Act is to: (1) require the owners
5and operators of community water supplies to develop,
6implement, and maintain a comprehensive water service line
7material inventory and a comprehensive lead service line
8replacement plan, provide notice to occupants of potentially
9affected buildings before any construction or repair work on
10water mains or lead service lines, and request access to
11potentially affected buildings before replacing lead service
12lines; and (2) prohibit partial lead service line
13replacements, except as authorized within this Section.
14    (b) The General Assembly finds and declares that:
15        (1) There is no safe level of exposure to heavy metal
16    lead, as found by the United States Environmental
17    Protection Agency and the Centers for Disease Control and
18    Prevention.
19        (2) Lead-based plumbing and service lines can convey
20    this harmful substance to the drinking water supply.
21        (3) According to the Illinois Environmental Protection
22    Agency's 2018 Service Line Material Inventory, the State
23    of Illinois is estimated to have over 680,000 lead-based
24    service lines still in operation.
25        (4) The true number of lead service lines is not fully
26    known because Illinois lacks an adequate inventory of lead

 

 

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1    service lines.
2        (5) For the general health, safety and welfare of its
3    residents, all lead service lines in Illinois should be
4    disconnected from the drinking water supply, and the
5    State's drinking water supply.
6    (c) In this Section:
7    "Advisory Board" means the Lead Service Line Replacement
8Advisory Board created under subsection (y).
9    "Community water supply" has the meaning ascribed to it in
10Section 3.145 of this Act.
11    "Department" means the Department of Public Health.
12    "Emergency repair" means any unscheduled water main, water
13service, or water valve repair or replacement that results
14from failure or accident.
15    "Lead service line" means a service line made of lead or
16service line connected to a lead pigtail, lead gooseneck, or
17other lead fitting.
18    "Material inventory" means a water service line material
19inventory developed by a community water supply pursuant to
20this Act.
21    "Noncommunity water supply" has the meaning ascribed to it
22in Section 3.145 of the Environmental Protection Act.
23    "NSF/ANSI Standard" means a water treatment standard
24developed by NSF International.
25    "Partial lead service line replacement" means replacement
26of only a portion of a lead service line.

 

 

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1    "Potentially affected building" means any building that is
2provided water service through a service line that is either a
3lead service line or a suspected lead service line.
4    "Public water supply" has the meaning ascribed to it in
5Section 3.365 of this Act.
6    "Service line" means the piping, tubing, and necessary
7appurtenances acting as a conduit from the water main or
8source of potable water supply to the building plumbing at the
9first shut-off valve or 18 inches inside the building,
10whichever is shorter.
11    "Suspected lead service line" means a line that a
12community water supply finds more likely than not to be made of
13lead after completing the requirements under paragraphs (2)
14through (5) of subsection (h).
15    "Small system" means a community water supply that
16regularly serves water to 3,300 or fewer persons.
17    (d) An owner or operator of a community water supply
18shall:
19        (1) develop an initial material inventory by April 15,
20    2022 and electronically submit by April 15, 2023 an
21    updated material inventory electronically to the Agency;
22    and
23        (2) deliver a complete material inventory to the
24    Agency no later than April 15, 2024, or such time as
25    required by federal law, whichever is sooner. The complete
26    inventory shall report the composition of all service

 

 

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1    lines in the community water supply's distribution system.
2    (e) The Agency shall review and approve the final material
3inventory submitted to it under subsection (d).
4    (f) If a community water supply does not submit a complete
5inventory to the Agency by April 15, 2024 pursuant to
6paragraph (2) of subsection (d), the community water supply
7may apply for an extension to the Agency no less than 3 months
8prior to the due date. The Agency shall develop criteria for
9granting material inventory extensions. When considering
10requests for extension, the Agency shall, at a minimum,
11consider:
12        (1) the number of service connections in a water
13    supply; and
14        (2) the number of service lines of an unknown material
15    composition.
16    (g) A material inventory prepared for a community water
17supply under subsection (d) shall identify:
18        (1) the total number of service lines connected to the
19    community water supply's distribution system;
20        (2) the materials of construction of each service line
21    connected to the community water supply's distribution
22    system;
23        (3) the number of suspected lead service lines that
24    were newly identified in the material inventory for the
25    community water supply after the community water supply
26    last submitted a service line inventory to the Agency; and

 

 

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1        (4) the number of suspected or known lead service
2    lines that were replaced after the community water supply
3    last submitted a service line inventory to the Agency, and
4    the material of the service line that replaced each lead
5    service line.
6    When identifying the materials of construction under
7paragraph (2) of this subsection, the owner or operator of the
8community water supply shall identify the type of construction
9material used on the customer's side of the curb box, meter, or
10other line of demarcation and the community water supply's
11side of the curb box, meter, or other line of demarcation.
12    (h) In completing a material inventory under subsection
13(d), the owner or operator of a community water supply shall:
14        (1) prioritize inspections of high-risk areas
15    identified by the community water supply and inspections
16    of high-risk facilities, such as preschools, day care
17    centers, day care homes, group day care homes, parks,
18    playgrounds, hospitals, and clinics, and confirm service
19    line materials in those areas and at those facilities;
20        (2) review historical documentation, such as
21    construction logs or cards, as-built drawings, purchase
22    orders, and subdivision plans, to determine service line
23    material construction;
24        (3) when conducting distribution system maintenance,
25    visually inspect service lines and document materials of
26    construction;

 

 

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1        (4) identify any time period when the service lines
2    being connected to its distribution system were primarily
3    lead service lines, if such a time period is known or
4    suspected; and
5        (5) discuss service line repair and installation with
6    its employees, contractors, plumbers, other workers who
7    worked on service lines connected to its distribution
8    system, or all of the above.
9    (i) The owner or operator of each community water supply
10shall maintain records of persons who refuse to grant access
11to the interior of a building for purposes of identifying the
12materials of construction of a service line. If a community
13water supply has been denied access on the property or to the
14interior of a building for that reason, then the community
15water supply shall attempt to identify the service line as a
16suspected lead service line, unless documentation is provided
17showing otherwise.
18    (j) If a community water supply identifies a lead service
19line connected to a building, the owner or operator of the
20community water supply shall attempt to notify the owner of
21the building and all occupants of the building of the
22existence of the lead service line within 15 days after
23identifying the lead service line, or as soon as is reasonably
24possible thereafter. Individual written notice shall be given
25according to the provisions of subsection (ff).
26    (k) An owner or operator of a community water supply has no

 

 

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1duty to include in the material inventory required under
2subsection (d) information about service lines that are
3physically disconnected from a water main in its distribution
4system.
5    (l) The owner or operator of each community water supply
6shall post on its website a copy of the most recently submitted
7material inventory or alternatively may request that the
8Agency post a copy of that material inventory on the Agency's
9website.
10    (m) Nothing in this Section shall be construed to require
11service lines to be unearthed for the sole purpose of
12inventorying.
13    (n) When an owner or operator of a community water supply
14awards a contract under this Section, the owner or operator
15shall make a good faith effort to use contractors and vendors
16owned by minority persons, women, and persons with a
17disability, as those terms are defined in Section 2 of the
18Business Enterprise for Minorities, Women, and Persons with
19Disabilities Act, for not less than 20% of the total
20contracts, provided that:
21        (1) contracts representing at least 11% of the total
22    annual premiums or fees shall be awarded to minority-owned
23    businesses, as defined in Section 2 of the Business
24    Enterprise for Minorities, Women, and Persons with
25    Disabilities Act;
26        (2) contracts representing at least 7% of the total

 

 

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1    annual premiums or fees shall be awarded to women-owned
2    businesses, as defined in Section 2 of the Business
3    Enterprise for Minorities, Women, and Persons with
4    Disabilities Act; and
5        (3) contracts representing at least 2% of the total
6    annual premiums or fees shall be awarded to businesses
7    owned by persons with a disability.
8    Owners or operators of a community water supply are
9encouraged to divide projects, whenever economically feasible,
10into contracts of smaller size that ensure small business
11contractors or vendors shall have the ability to qualify in
12the applicable bidding process, when determining the ability
13to deliver on a given contract based on scope and size, as a
14responsible and responsive bidder.
15    When a contractor or vendor submits a bid or letter of
16intent in response to a request for proposal or other bid
17submission, the contractor or vendor shall include with its
18responsive documents a utilization plan that shall address how
19compliance with applicable good faith requirements set forth
20in this subsection shall be addressed.
21    Under this subsection, "good faith effort" means a
22community water supply has taken all necessary steps to comply
23with the goals of this subsection by complying with the
24following:
25        (1) Soliciting through reasonable and available means
26    the interest of a business, as defined in Section 2 of the

 

 

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1    Business Enterprise for Minorities, Women, and Persons
2    with Disabilities Act, that have the capability to perform
3    the work of the contract. The community water supply must
4    solicit this interest within sufficient time to allow
5    certified businesses to respond.
6        (2) Providing interested certified businesses with
7    adequate information about the plans, specifications, and
8    requirements of the contract, including addenda, in a
9    timely manner to assist them in responding to the
10    solicitation.
11        (3) Meeting in good faith with interested certified
12    businesses that have submitted bids.
13        (4) Effectively using the services of the State,
14    minority or women community organizations, minority or
15    women contractor groups, local, State, and federal
16    minority or women business assistance offices, and other
17    organizations to provide assistance in the recruitment and
18    placement of certified businesses.
19        (5) Making efforts to use appropriate forums for
20    purposes of advertising subcontracting opportunities
21    suitable for certified businesses.
22    The diversity goals defined in this subsection can be met
23through direct award to diverse contractors and through the
24use of diverse subcontractors and diverse vendors to
25contracts.
26    (o) An owner or operator of a community water supply shall

 

 

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1collect data necessary to ensure compliance with subsection
2(n) no less than quarterly and shall include progress toward
3compliance of subsection (n) in the owner or operator's lead
4service line plan update required under subsection (g). The
5report must include data on vendor and employee diversity,
6including data on the owner's or operator's implementation of
7subsection (n).
8    (p) Every owner or operator of a community water supply
9that has known or suspected lead service lines shall:
10        (1) create a plan to:
11            (A) replace each lead service line connected to
12        its distribution system; and
13            (B) replace each galvanized service line connected
14        to its distribution system, if the galvanized service
15        line is or was connected downstream to lead piping;
16        and
17        (2) electronically submit, by April 15, 2024 its
18    initial lead service line replacement plan to the Agency;
19        (3) electronically submit by April 15 of each year
20    after 2024 until April 15, 2027 an updated lead service
21    line replacement plan to the Agency for review; the
22    updated replacement plan shall account for changes in the
23    number of lead service lines or unknown service lines in
24    the material inventory described in subsection (d);
25        (4) electronically submit by April 15, 2027 a complete
26    and final replacement plan to the Agency for approval; the

 

 

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1    complete and final replacement plan shall account for all
2    known and suspected lead service lines documented in the
3    final material inventory described under paragraph (3) of
4    subsection (d); and
5        (5) post on its website a copy of the plan most
6    recently submitted to the Agency or may request that the
7    Agency post a copy of that plan on the Agency's website.
8    (q) Each plan required under paragraph (1) of subsection
9(p) shall include the following:
10        (1) the name and identification number of the
11    community water supply;
12        (2) the total number of service lines connected to the
13    distribution system of the community water supply;
14        (3) the total number of suspected lead service lines
15    connected to the distribution system of the community
16    water supply;
17        (4) the total number of known lead service lines
18    connected to the distribution system of the community
19    water supply;
20        (5) the total number of lead service lines connected
21    to the distribution system of the community water supply
22    that have been replaced each year beginning in 2020;
23        (6) a proposed lead service line replacement schedule
24    that includes one-year, 5-year, 15-year, 20-year, 25-year,
25    and 30-year goals;
26        (7) an analysis of costs and financing options for

 

 

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1    replacing the lead service lines connected to the
2    community water supply's distribution system, which shall
3    include, but shall not be limited to:
4            (A) a detailed accounting of costs associated with
5        replacing lead service lines and galvanized lines that
6        are or were connected downstream to lead piping;
7            (B) measures to address affordability and prevent
8        service shut-offs for customers or ratepayers; and
9            (C) consideration of different scenarios for
10        structuring payments between the utility and its
11        customers over time; and
12        (8) a plan for prioritizing high-risk facilities, such
13    as preschools, day care centers, day care homes, group day
14    care homes, parks, playgrounds, hospitals, and clinics, as
15    well as high-risk areas identified by the community water
16    supply;
17        (9) a map of the areas where lead service lines are
18    expected to be found and the sequence with which those
19    areas will be inventoried and lead service lines replaced;
20        (10) measures for how the community water supply will
21    inform the public of the plan and provide opportunity for
22    public comment; and
23        (11) measures to encourage diversity in hiring in the
24    workforce required to implement the plan as identified
25    under subsection (n).
26    (r) The Agency shall review final plans submitted to it

 

 

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1under subsection (p). The Agency shall approve a final plan if
2the final plan includes all of the elements set forth under
3subsection (q) and the Agency determines that:
4        (1) the proposed lead service line replacement
5    schedule set forth in the plan aligns with the timeline
6    requirements set forth under subsection (v);
7        (2) the plan prioritizes the replacement of lead
8    service lines that provide water service to high-risk
9    facilities, such as preschools, day care centers, day care
10    homes, group day care homes, parks, playgrounds,
11    hospitals, and clinics, and high-risk areas identified by
12    the community water supply;
13        (3) the plan includes analysis of cost and financing
14    options; and
15        (4) the plan provides documentation of public review.
16    (s) An owner or operator of a community water supply has no
17duty to include in the plans required under subsection (p)
18information about service lines that are physically
19disconnected from a water main in its distribution system.
20    (t) If a community water supply does not deliver a
21complete plan to the Agency by April 15, 2027, the community
22water supply may apply to the Agency for an extension no less
23than 3 months prior to the due date. The Agency shall develop
24criteria for granting plan extensions. When considering
25requests for extension, the Agency shall, at a minimum,
26consider:

 

 

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1        (1) the number of service connections in a water
2    supply; and
3        (2) the number of service lines of an unknown material
4    composition.
5    (u) Notwithstanding any other provision of law, the
6corporate authorities of a municipality may impose a tax, fee,
7surcharge, charge, assessment, or other amount payable or
8imposed as deemed necessary, by ordinance or resolution by the
9corporate authorities, to be used solely for costs incurred by
10the municipality associated with lead service line
11remediation.
12    (v) Every owner or operator of a community water supply
13shall replace all known lead service lines, subject to the
14requirements of subsection (ff), according to the following
15replacement rates and timelines to be calculated from the date
16of submission of the final replacement plan to the Agency:
17        (1) A community water supply reporting 1,200 or fewer
18    lead service lines in its final inventory and replacement
19    plan shall replace all lead service lines, at an annual
20    rate of no less than 7% of the amount described in the
21    final inventory, with a timeline of up to 15 years for
22    completion.
23        (2) A community water supply reporting more than 1,200
24    but fewer than 5,000 lead service lines in its final
25    inventory and replacement plan shall replace all lead
26    service lines, at an annual rate of no less than 6% of the

 

 

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1    amount described in the final inventory, with a timeline
2    of up to 17 years for completion.
3        (3) A community water supply reporting more than 4,999
4    but fewer than 10,000 lead service lines in its final
5    inventory and replacement plan shall replace all lead
6    service lines, at an annual rate of no less than 5% of the
7    amount described in the final inventory, with a timeline
8    of up to 20 years for completion.
9        (4) A community water supply reporting more than 9,999
10    lead service lines in its final inventory and replacement
11    plan shall replace all lead service lines, at an annual
12    rate of no less than 3% of the amount described in the
13    final inventory, with a timeline of up to 34 years for
14    completion.
15    (w) A community water supply may apply to the Agency for an
16extension to the replacement timelines described in paragraphs
17(1) through (3) of subsection (v). The Agency shall develop
18criteria for granting replacement timeline extensions. When
19considering requests for timeline extensions, the Agency
20shall, at a minimum, consider:
21        (1) the number of service connections in a water
22    supply; and
23        (2) unusual circumstances creating hardship for a
24    community.
25    Replacement rates and timelines shall be calculated from
26the date of submission of the final plan to the Agency.

 

 

10200HB3739ham001- 19 -LRB102 14540 LNS 25646 a

1    (x) The Lead Service Line Replacement Advisory Board is
2created within the Agency. The Advisory Board shall convene
3within 120 days after the effective date of this amendatory
4Act of the 102nd General Assembly.
5    The Advisory Board shall consist of at least 28 voting
6members, as follows:
7        (1) the Director of the Agency, or his or her
8    designee, who shall serve as chairperson;
9        (2) the Director of Revenue, or his or her designee;
10        (3) the Director of Public Health, or his or her
11    designee;
12        (4) fifteen members appointed by the Agency as
13    follows:
14            (A) one member representing a statewide
15        organization of municipalities as authorized by
16        Section 1-8-1 of the Illinois Municipal Code;
17            (B) two members who are mayors representing
18        municipalities located in any county south of the
19        southernmost county represented by one of the 10
20        largest municipalities in Illinois by population, or
21        their respective designees;
22            (C) two members who are representatives from
23        public health advocacy groups;
24            (D) two members who are representatives from
25        publicly-owned water utilities;
26            (E) one member who is a representative from a

 

 

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1        public utility as defined under Section 3-105 of the
2        Public Utilities Act that provides water service in
3        the State of Illinois;
4            (F) one member who is a research professional
5        employed at an Illinois academic institution and
6        specializing in water infrastructure research;
7            (G) two members who are representatives from
8        nonprofit civic organizations;
9            (H) one member who is a representative from a
10        statewide organization representing environmental
11        organizations;
12            (I) two members who are representatives from
13        organized labor; and
14            (J) one member representing an environmental
15        justice organization; and
16        (5) ten members who are the mayors of the 10 largest
17    municipalities in Illinois by population, or their
18    respective designees.
19    No less than 10 of the 28 voting members shall be persons
20of color, and no less than 3 shall represent communities
21defined or self-identified as environmental justice
22communities.
23    Advisory Board members shall serve without compensation,
24but may be reimbursed for necessary expenses incurred in the
25performance of their duties from funds appropriated for that
26purpose. The Agency shall provide administrative support to

 

 

10200HB3739ham001- 21 -LRB102 14540 LNS 25646 a

1the Advisory Board.
2    The Advisory Board shall meet no less than once every 6
3months.
4    (y) The Advisory Board shall have, at a minimum, the
5following duties:
6        (1) advising the Agency on best practices in lead
7    service line replacement;
8        (2) reviewing the performance of the Agency and
9    community water supplies in their progress toward lead
10    service line replacement goals;
11        (3) advising the Agency on other matters related to
12    the administration of the provisions of this Section;
13        (4) advising the Agency on the integration of existing
14    lead service line replacement plans with any statewide
15    plan; and
16        (5) providing technical support and practical
17    expertise in general.
18    (z) Within 18 months after the effective date of this
19amendatory Act of the 102nd General Assembly, the Advisory
20Board shall deliver a report of its recommendations to the
21Governor and the General Assembly concerning opportunities for
22dedicated, long-term revenue options for funding lead service
23line replacement. In submitting recommendations, the Advisory
24Board shall consider, at a minimum, the following:
25        (1) the sufficiency of various revenue sources to
26    adequately fund replacement of all lead service lines in

 

 

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1    Illinois;
2        (2) the financial burden, if any, on households
3    falling below 150% of the federal poverty limit;
4        (3) revenue options that guarantee low-income
5    households are protected from rate increases;
6        (4) an assessment of the ability of community water
7    supplies to assess and collect revenue;
8        (5) variations in financial resources among individual
9    households within a service area; and
10        (6) the protection of low-income households from rate
11    increases.
12    (aa) Within 10 years after the effective date of this
13amendatory Act of the 102nd General Assembly, the Advisory
14Board shall prepare and deliver a report to the Governor and
15General Assembly concerning the status of all lead service
16line replacement within the State.
17    (bb) The Lead Service Line Replacement Fund is created as
18a special fund in the State treasury to be used by the Agency
19for the purposes provided under this Section. The Fund shall
20be used exclusively to finance and administer programs and
21activities specified under this Section and listed under this
22subsection.
23    The objective of the Fund is to finance activities
24associated with identifying and replacing lead service lines,
25build Agency capacity to oversee the provisions of this
26Section, and provide related assistance for the activities

 

 

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1listed under this subsection.
2    The Agency shall be responsible for the administration of
3the Fund and shall allocate moneys on the basis of priorities
4established by the Agency through administrative rule. Each
5year, the Agency shall determine the available amount of
6resources in the Fund that can be allocated to the activities
7identified under this Section and shall allocate the moneys
8accordingly. The moneys shall be used for the following
9purposes and in the following amounts:
10        (1) Not less than 95% of available moneys in the Fund
11    shall be used for costs related to replacing lead service
12    lines in communities eligible to receive grants from the
13    Lead Service Line Replacement Grant Program under
14    subsection (cc).
15        (2) No more than 5% of the funds shall be used for
16    personnel costs within the Agency associated with
17    administering the provisions of this Section.
18    Notwithstanding any other law to the contrary, the Lead
19Service Line Replacement Fund is not subject to sweeps,
20administrative charge-backs, or any other fiscal maneuver that
21would in any way transfer any amounts from the Lead Service
22Line Replacement Fund into any other fund of the State.
23    (cc)_Within one year after the effective date of this
24amendatory Act of the 102 General Assembly, the Agency shall
25design a program for the purpose of administering lead service
26line replacement funds. In designing the program, the Agency

 

 

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1shall consider, at a minimum:
2        (1) the process by which community water supplies may
3    apply for funding;
4        (2) the amount of grant funding to be made available
5    for each lead service line replacement; and
6        (3) criteria for determining community eligibility for
7    funding. In determining eligibility, the Agency shall
8    consider, at a minimum, the following:
9            (A) The appropriate geography, whether census
10        tract, municipality, service area, or some other
11        geographic designation, for eligibility.
12            (B) The prevalence of low-income households within
13        communities, as measured by median household income,
14        the percent of residents living below 150% of the
15        federal poverty level, and other characteristics the
16        Agency may deem appropriate.
17            (C) The prevalence of lead service lines within
18        communities, including the total number of lead
19        service lines within the communities and the total
20        percentage of service lines made of lead.
21            (D) The affordability of water service within
22        communities, including the percentage of households
23        paying more than 1.5% of their monthly income on
24        drinking water service.
25            (E) The prevalence of water samples that
26        demonstrate elevated levels of lead.

 

 

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1    (dd) Funding under subsection (cc) shall be available for
2the following activities to the extent that they relate to
3lead service line replacement, subject to Agency approval:
4        (1) Costs associated with planning and inventory.
5        (2) Material costs, including the cost of pipes and
6    fittings.
7        (3) Labor and construction costs incidental to lead
8    service line replacement.
9        (4) Costs borne by a community water supply related to
10    administration of lead service line replacement.
11    Funding shall not be used for the general operating
12expenses of a municipality or community water supply.
13    (ee) An owner or operator of any community water supply
14receiving grant funding under subsection (cc) shall bear the
15entire expense of full lead service line replacement for all
16lead service lines in the scope of the grant.
17    (ff) When replacing a lead service line, the owner or
18operator of the community water supply shall replace the
19service line in its entirety, including, but not limited to,
20any portion of the service line (i) running on private
21property and (ii) within the building's plumbing at the first
22shut-off valve. Partial lead service line replacements are
23expressly prohibited. Exceptions shall be made under the
24following circumstances:
25        (1) In the event of an emergency repair that affects a
26    lead service line or a suspected lead service line, a

 

 

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1    community water supply must contact the building owner to
2    begin the process of replacing the entire service line. If
3    the building owner is not able to be contacted or the
4    building owner or occupant refuses to grant access and
5    permission to replace the entire service line at the time
6    of the emergency repair, then the community water supply
7    may perform a partial lead service line replacement. Where
8    an emergency repair on a service line constructed of lead
9    or galvanized steel pipe results in a partial service line
10    replacement, the water supply responsible for commencing
11    the repair shall perform the following:
12            (A) Notify the building's owner or operator and
13        the resident or residents served by the lead service
14        line in writing that a repair has been completed. The
15        notification shall include, at a minimum:
16                (i) a warning that the work may result in
17            sediment, possibly containing lead, in the
18            buildings water supply system;
19                (ii) information concerning practices for
20            preventing the consumption of any lead in drinking
21            water, including a recommendation to flush water
22            distribution pipe during and after the completion
23            of the repair or replacement work and to clean
24            faucet aerator screens; and
25                (iii) information regarding the dangers of
26            lead to young children and pregnant women.

 

 

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1            (B) Provide filters for at least one fixture
2        supplying potable water for consumption. The filter
3        must be compliant with NSF/ANSI Standards 53 and 42.
4        The filter must be provided until such time that the
5        remaining portions of the service line have been
6        replaced with a material approved by the Department or
7        a waiver has been issued under subsection (hh).
8            (C) Replace the remaining portion of the lead
9        service line within 30 days of the repair, or 120 days
10        in the event of weather or other circumstances beyond
11        reasonable control that prohibits construction. If a
12        complete lead service line replacement cannot be made
13        within the required period, the community water supply
14        responsible for commencing the repair shall notify the
15        Department in writing, at a minimum, of the following
16        within 24 hours of the repair:
17                (i) an explanation of why it is not feasible
18            to replace the remaining portion of the lead
19            service line within the allotted time; and
20                (ii) a timeline for when the remaining portion
21            of the lead service line will be replaced.
22            (D) If complete repair of a lead service line
23        cannot be completed due to denial by the property
24        owner, the community water supply commencing the
25        repair shall request the affected property owner to
26        sign a waiver developed by the Department. If a

 

 

10200HB3739ham001- 28 -LRB102 14540 LNS 25646 a

1        property owner of a nonresidential building or
2        residence operating as rental properties denies a
3        complete lead service line replacement, the property
4        owner shall be responsible for installing and
5        maintaining point-of-use filters compliant with
6        NSF/ANSI Standards 53 and 42 at all fixtures intended
7        to supply water for the purposes of drinking, food
8        preparation, or making baby formula. The filters shall
9        continue to be supplied by the property owner until
10        such time that the property owner has affected the
11        remaining portions of the lead service line to be
12        replaced.
13            (E) Document any remaining lead service line,
14        including a portion on the private side of the
15        property, in the community water supply's distribution
16        system materials inventory required under subsection
17        (d).
18        For the purposes of this paragraph (1), written notice
19    shall be provided in the method and according to the
20    provisions of subsection (ii).
21        (2) Lead service lines that are physically
22    disconnected from the distribution system are exempt from
23    this subsection.
24    (gg) On and after January 1, 2022, when the owner or
25operator of a community water supply replaces a water main,
26the community water supply shall identify all lead service

 

 

10200HB3739ham001- 29 -LRB102 14540 LNS 25646 a

1lines connected to the water main and shall replace, in
2accordance with its lead service line replacement plan, the
3lead service lines by:
4        (1) identifying the material or materials of each lead
5    service line connected to the water main, including, but
6    not limited to, any portion of the service line (i)
7    running on private property and (ii) within the building
8    plumbing at the first shut-off valve or 18 inches inside
9    the building, whichever is shorter;
10        (2) in conjunction with replacement of the water main,
11    replacing any and all portions of each lead service line
12    connected to the water main that are composed of lead; and
13        (3) if a property owner or customer refuses to grant
14    access to the property, following prescribed notice
15    provisions as outlined in subsection (ee).
16    If an owner of a potentially affected building intends to
17replace a portion of a lead service line or a galvanized
18service line and the galvanized service line is or was
19connected downstream to lead piping, then the owner of the
20potentially affected building shall provide the owner or
21operator of the community water supply with notice at least 45
22days before commencing the work. In the case of an emergency
23repair, the owner of the potentially affected building must
24provide filters for each kitchen area that are certified to
25meet the requirements of NSF/ANSI Standards 42 and 53. If the
26owner of the potentially affected building notifies the owner

 

 

10200HB3739ham001- 30 -LRB102 14540 LNS 25646 a

1or operator of the community water supply that replacement of
2a portion of the lead service line after the emergency repair
3is completed, then the owner or operator of the community
4water supply shall replace the remainder of the lead service
5line within 30 days after completion of the emergency repair.
6A community water supply may take up to 120 days if necessary
7due to weather conditions. If a replacement takes longer than
830 days, filters provided by the owner of the potentially
9affected building must be replaced in accordance with the
10manufacturer's recommendations. Partial lead service line
11replacements by the owners of potentially affected buildings
12are otherwise prohibited.
13    (hh) At least 45 days before conducting planned lead
14service line replacement, the owner or operator of a community
15water supply shall, by mail, attempt to contact the owner of
16the potentially affected building serviced by the lead service
17line to request access to the building and permission to
18replace the lead service line in accordance with the lead
19service line replacement plan. If the owner of the potentially
20affected building does not respond to the request within 2
21weeks after the request is sent, the owner or operator of the
22community water supply shall attempt to post the request on
23the entrance of the potentially affected building.
24    If the owner or operator of a community water supply is
25unable to obtain approval to access and replace a lead service
26line, the owner or operator of the community water supply

 

 

10200HB3739ham001- 31 -LRB102 14540 LNS 25646 a

1shall request that the owner of the potentially affected
2building sign a waiver. The waiver shall be developed by the
3Department and should be made available in the owner's
4language. If the owner of the potentially affected building
5refuses to sign the waiver or fails to respond to the community
6water supply after the community water supply has complied
7with this subsection, then the community water supply shall
8notify the Department in writing within 15 working days.
9    (ii) When replacing a lead service line or repairing or
10replacing water mains with lead service lines or partial lead
11service lines attached to them, the owner or operator of a
12community water supply shall provide the owner of each
13potentially affected building that is serviced by the affected
14lead service lines or partial lead service lines, as well as
15the occupants of those buildings, with an individual written
16notice. The notice shall be delivered by mail or posted at the
17primary entranceway of the building. The notice may, in
18addition, be electronically mailed. Written notice shall
19include, at a minimum, the following:
20        (1) a warning that the work may result in sediment,
21    possibly containing lead from the service line, in the
22    building's water;
23        (2) information concerning the best practices for
24    preventing exposure to or risk of consumption of lead in
25    drinking water, including a recommendation to flush water
26    lines during and after the completion of the repair or

 

 

10200HB3739ham001- 32 -LRB102 14540 LNS 25646 a

1    replacement work and to clean faucet aerator screens; and
2        (3) information regarding the dangers of lead exposure
3    to young children and pregnant women.
4    When the individual written notice described in the first
5paragraph of this subsection is required as a result of
6planned work other than the repair or replacement of a water
7meter, the owner or operator of the community water supply
8shall provide the notice not less than 14 days before work
9begins. When the individual written notice described in the
10first paragraph of this subsection is required as a result of
11emergency repairs other than the repair or replacement of a
12water meter, the owner or operator of the community water
13supply shall provide the notice at the time the work is
14initiated. When the individual written notice described in the
15first paragraph of this subsection is required as a result of
16the repair or replacement of a water meter, the owner or
17operator of the community water supply shall provide the
18notice at the time the work is initiated.
19    If a community water supply serves a significant
20proportion of non-English speaking consumers, the
21notifications required under this subsection must contain the
22following statement in the Spanish, Polish, Chinese, Tagalog,
23Arabic, Korean, German, Urdu, and Gujarati: "This notice
24contains important information about your water service and
25may affect your rights. We encourage you to have this notice
26translated in full into a language you understand and before

 

 

10200HB3739ham001- 33 -LRB102 14540 LNS 25646 a

1you make any decisions that may be required under this
2notice."
3    An owner or operator of a community water supply that is
4required under this subsection to provide an individual
5written notice to the owner and occupant of a potentially
6affected building that is a multi-dwelling building may
7satisfy that requirement and the requirements of this
8subsection regarding notification to non-English speaking
9customers by posting the required notice on the primary
10entranceway of the building and at the location where the
11occupant's mail is delivered as reasonably as possible.
12    When this subsection would require the owner or operator
13of a community water supply to provide an individual written
14notice to the entire community served by the community water
15supply or would require the owner or operator of a community
16water supply to provide individual written notices as a result
17of emergency repairs or when the community water supply that
18is required to comply with this subsection is a small system,
19the owner or operator of the community water supply may
20provide the required notice through local media outlets,
21social media, or other similar means in lieu of providing the
22individual written notices otherwise required under this
23subsection.
24    No notifications are required under this subsection for
25work performed on water mains that are used to transmit
26treated water between community water supplies and properties

 

 

10200HB3739ham001- 34 -LRB102 14540 LNS 25646 a

1that have no service connections.
2    (jj) The owner or operator of each community water supply
3shall include the following information in the annual consumer
4confidence report required under the United States
5Environmental Protection Agency's National Primary Drinking
6Water Regulations:
7        (1) an estimate of the number of known or suspected
8    lead service lines connected to its distribution system;
9    and
10        (2) a statement describing progress that has been made
11    toward replacing lead service lines connected to its
12    distribution system.
13    (kk) No community water supply that sells water to any
14wholesale or retail consecutive community water supply may
15pass on any costs associated with compliance with this Section
16to consecutive systems.
17    (ll) To the extent allowed by law, when a community water
18supply enters into an agreement with a private contractor for
19replacement or installation of water service lines, the
20community water supply shall be held harmless for damage to
21property when replacing or installing water service lines. If
22dangers are encountered that prevent the replacement of the
23lead service line, the community water supply shall notify the
24Department within 15 working days of why the replacement of
25the lead service line could not be accomplished.
26    (mm) The Agency may propose to the Board, and the Board may

 

 

10200HB3739ham001- 35 -LRB102 14540 LNS 25646 a

1adopt, any rules necessary to implement and administer this
2Section. The Department may adopt rules necessary to address
3lead service lines attached to noncommunity water supplies.
4    (nn) Notwithstanding any other provision in this Section,
5no requirement in this Section shall be construed as being
6less stringent than existing applicable federal requirements.
7    (oo) All lead service line replacements financed in whole
8or in part with funds obtained under this Section shall be
9considered public works for purposes of the Prevailing Wage
10Act.
 
11    (415 ILCS 5/17.11 rep.)
12    Section 20. The Environmental Protection Act is amended by
13repealing Section 17.11.".