Full Text of HB3739 102nd General Assembly
HB3739sam001 102ND GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 5/13/2021
| | 10200HB3739sam001 | | LRB102 14540 CPF 26510 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3739
| 2 | | AMENDMENT NO. ______. Amend House Bill 3739 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. This Act may be referred to as the Lead Service | 5 | | Line Replacement and Notification Act. | 6 | | Section 5. The Department of Commerce and Economic | 7 | | Opportunity Law of the
Civil Administrative Code of Illinois | 8 | | is 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 | 11 | | program. | 12 | | (a) The Department shall by rule establish a comprehensive | 13 | | low-income water assistance policy and program that | 14 | | incorporates financial assistance and includes, but is not | 15 | | limited to, water efficiency or water quality projects, such |
| | | 10200HB3739sam001 | - 2 - | LRB102 14540 CPF 26510 a |
|
| 1 | | as lead service line replacement, or other measures to ensure | 2 | | that residents have access to affordable and clean water. The | 3 | | policy and program shall not jeopardize the ability of public | 4 | | utilities, community water supplies, or other entities to | 5 | | receive just compensation for providing services. The | 6 | | resources applied in achieving the policy and program shall be | 7 | | coordinated and efficiently used through the integration of | 8 | | public programs and through the targeting of assistance. The | 9 | | rule or rules shall be adopted within 180 days after receiving | 10 | | an appropriation for the program. | 11 | | (b) Any person who is a resident of the State and whose | 12 | | household income is not greater than an amount determined | 13 | | annually by the Department may apply for assistance under this | 14 | | Section in accordance with rules adopted by the Department. In | 15 | | setting the annual eligibility level, the Department shall | 16 | | consider the amount of available funding and may not set a | 17 | | limit higher than 150% of the poverty guidelines updated | 18 | | periodically in the Federal Register by the U.S. Department of | 19 | | Health and Human Services under the authority of 42 U.S.C. | 20 | | 9902(2). | 21 | | (c) Applicants who qualify for assistance under subsection | 22 | | (b) shall, subject to appropriation from the General Assembly | 23 | | and availability of funds by the Department, receive | 24 | | assistance as provided under this Section. The Department, | 25 | | upon receipt of moneys authorized under this Section for | 26 | | assistance, shall commit funds for each qualified applicant in |
| | | 10200HB3739sam001 | - 3 - | LRB102 14540 CPF 26510 a |
|
| 1 | | an amount determined by the Department. In determining the | 2 | | amounts of assistance to be provided to or on behalf of a | 3 | | qualified applicant the Department shall ensure that the | 4 | | highest amounts of assistance go to households with the | 5 | | greatest water costs in relation to household income. The | 6 | | Department may consider factors such as water costs, household | 7 | | size, household income, and region of the State when | 8 | | determining individual household benefits. In adopting rules | 9 | | for the administration of this Section, the Department shall | 10 | | ensure that a minimum of one-third of the funds for the program | 11 | | are available for benefits to eligible households with the | 12 | | lowest incomes and that elderly households, households with | 13 | | persons with disabilities, and households with children under | 14 | | 6 years of age are offered a priority application period. | 15 | | (d) Application materials for the program shall be made | 16 | | available in multiple languages. | 17 | | Section 10. The State Finance Act is amended by adding | 18 | | Section 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 | 22 | | adding Section 17.12 as follows: |
| | | 10200HB3739sam001 | - 4 - | LRB102 14540 CPF 26510 a |
|
| 1 | | (415 ILCS 5/17.12 new) | 2 | | Sec. 17.12. Lead service line replacement and | 3 | | notification. | 4 | | (a) The purpose of this Act is to: (1) require the owners | 5 | | and operators of community water supplies to develop, | 6 | | implement, and maintain a comprehensive water service line | 7 | | material inventory and a comprehensive lead service line | 8 | | replacement plan, provide notice to occupants of potentially | 9 | | affected buildings before any construction or repair work on | 10 | | water mains or lead service lines, and request access to | 11 | | potentially affected buildings before replacing lead service | 12 | | lines; and (2) prohibit partial lead service line | 13 | | replacements, 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 service lines can convey this harmful | 20 | | 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 |
| | | 10200HB3739sam001 | - 5 - | LRB102 14540 CPF 26510 a |
|
| 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 | 8 | | Advisory Board created under subsection (x). | 9 | | "Community water supply" has the meaning ascribed to it in | 10 | | Section 3.145 of this Act. | 11 | | "Department" means the Department of Public Health. | 12 | | "Emergency repair" means any unscheduled water main, water | 13 | | service, or water valve repair or replacement that results | 14 | | from failure or accident. | 15 | | "Fund" means the Lead Service Line Replacement Fund | 16 | | created under subsection (bb). | 17 | | "Lead service line" means a service line made of lead or | 18 | | service line connected to a lead pigtail, lead gooseneck, or | 19 | | other lead fitting. | 20 | | "Material inventory" means a water service line material | 21 | | inventory developed by a community water supply under this | 22 | | Act. | 23 | | "Noncommunity water supply" has the meaning ascribed to it | 24 | | in Section 3.145 of the Environmental Protection Act. | 25 | | "NSF/ANSI Standard" means a water treatment standard | 26 | | developed by NSF International. |
| | | 10200HB3739sam001 | - 6 - | LRB102 14540 CPF 26510 a |
|
| 1 | | "Partial lead service line replacement" means replacement | 2 | | of only a portion of a lead service line. | 3 | | "Potentially affected building" means any building that is | 4 | | provided water service through a service line that is either a | 5 | | lead service line or a suspected lead service line. | 6 | | "Public water supply" has the meaning ascribed to it in | 7 | | Section 3.365 of this Act. | 8 | | "Service line" means the piping, tubing, and necessary | 9 | | appurtenances acting as a conduit from the water main or | 10 | | source of potable water supply to the building plumbing at the | 11 | | first shut-off valve or 18 inches inside the building, | 12 | | whichever is shorter. | 13 | | "Suspected lead service line" means a service line that a | 14 | | community water supply finds more likely than not to be made of | 15 | | lead after completing the requirements under paragraphs (2) | 16 | | through (5) of subsection (h). | 17 | | "Small system" means a community water supply that | 18 | | regularly serves water to 3,300 or fewer persons. | 19 | | (d) An owner or operator of a community water supply | 20 | | shall: | 21 | | (1) develop an initial material inventory by April 15, | 22 | | 2022 and electronically submit by April 15, 2023 an | 23 | | updated material inventory electronically to the Agency; | 24 | | and | 25 | | (2) deliver a complete material inventory to the | 26 | | Agency no later than April 15, 2024, or such time as |
| | | 10200HB3739sam001 | - 7 - | LRB102 14540 CPF 26510 a |
|
| 1 | | required by federal law, whichever is sooner. The complete | 2 | | inventory shall report the composition of all service | 3 | | lines in the community water supply's distribution system. | 4 | | (e) The Agency shall review and approve the final material | 5 | | inventory submitted to it under subsection (d). | 6 | | (f) If a community water supply does not submit a complete | 7 | | inventory to the Agency by April 15, 2024 under paragraph (2) | 8 | | of subsection (d), the community water supply may apply for an | 9 | | extension to the Agency no less than 3 months prior to the due | 10 | | date. The Agency shall develop criteria for granting material | 11 | | inventory extensions. When considering requests for extension, | 12 | | the Agency shall, at a minimum, consider: | 13 | | (1) the number of service connections in a water | 14 | | supply; and | 15 | | (2) the number of service lines of an unknown material | 16 | | composition. | 17 | | (g) A material inventory prepared for a community water | 18 | | supply under subsection (d) shall identify: | 19 | | (1) the total number of service lines connected to the | 20 | | community water supply's distribution system; | 21 | | (2) the materials of construction of each service line | 22 | | connected to the community water supply's distribution | 23 | | system; | 24 | | (3) the number of suspected lead service lines that | 25 | | were newly identified in the material inventory for the | 26 | | community water supply after the community water supply |
| | | 10200HB3739sam001 | - 8 - | LRB102 14540 CPF 26510 a |
|
| 1 | | last submitted a service line inventory to the Agency; and | 2 | | (4) the number of suspected or known lead service | 3 | | lines that were replaced after the community water supply | 4 | | last submitted a service line inventory to the Agency, and | 5 | | the material of the service line that replaced each lead | 6 | | service line. | 7 | | When identifying the materials of construction under | 8 | | paragraph (2) of this subsection, the owner or operator of the | 9 | | community water supply shall to the best of the owner's or | 10 | | operator's ability identify the type of construction material | 11 | | used on the customer's side of the curb box, meter, or other | 12 | | line of demarcation and the community water supply's side of | 13 | | the curb box, meter, or other line of demarcation. | 14 | | (h) In completing a material inventory under subsection | 15 | | (d), the owner or operator of a community water supply shall: | 16 | | (1) prioritize inspections of high-risk areas | 17 | | identified by the community water supply and inspections | 18 | | of high-risk facilities, such as preschools, day care | 19 | | centers, day care homes, group day care homes, parks, | 20 | | playgrounds, hospitals, and clinics, and confirm service | 21 | | line materials in those areas and at those facilities; | 22 | | (2) review historical documentation, such as | 23 | | construction logs or cards, as-built drawings, purchase | 24 | | orders, and subdivision plans, to determine service line | 25 | | material construction; | 26 | | (3) when conducting distribution system maintenance, |
| | | 10200HB3739sam001 | - 9 - | LRB102 14540 CPF 26510 a |
|
| 1 | | visually inspect service lines and document materials of | 2 | | construction; | 3 | | (4) identify any time period when the service lines | 4 | | being connected to its distribution system were primarily | 5 | | lead service lines, if such a time period is known or | 6 | | suspected; and | 7 | | (5) discuss service line repair and installation with | 8 | | its employees, contractors, plumbers, other workers who | 9 | | worked on service lines connected to its distribution | 10 | | system, or all of the above. | 11 | | (i) The owner or operator of each community water supply | 12 | | shall maintain records of persons who refuse to grant access | 13 | | to the interior of a building for purposes of identifying the | 14 | | materials of construction of a service line. If a community | 15 | | water supply has been denied access on the property or to the | 16 | | interior of a building for that reason, then the community | 17 | | water supply shall attempt to identify the service line as a | 18 | | suspected lead service line, unless documentation is provided | 19 | | showing otherwise. | 20 | | (j) If a community water supply identifies a lead service | 21 | | line connected to a building, the owner or operator of the | 22 | | community water supply shall attempt to notify the owner of | 23 | | the building and all occupants of the building of the | 24 | | existence of the lead service line within 15 days after | 25 | | identifying the lead service line, or as soon as is reasonably | 26 | | possible thereafter. Individual written notice shall be given |
| | | 10200HB3739sam001 | - 10 - | LRB102 14540 CPF 26510 a |
|
| 1 | | according to the provisions of subsection (jj). | 2 | | (k) An owner or operator of a community water supply has no | 3 | | duty to include in the material inventory required under | 4 | | subsection (d) information about service lines that are | 5 | | physically disconnected from a water main in its distribution | 6 | | system. | 7 | | (l) The owner or operator of each community water supply | 8 | | shall post on its website a copy of the most recently submitted | 9 | | material inventory or alternatively may request that the | 10 | | Agency post a copy of that material inventory on the Agency's | 11 | | website. | 12 | | (m) Nothing in this Section shall be construed to require | 13 | | service lines to be unearthed for the sole purpose of | 14 | | inventorying. | 15 | | (n) When an owner or operator of a community water supply | 16 | | awards a contract under this Section, the owner or operator | 17 | | shall make a good faith effort to use contractors and vendors | 18 | | owned by minority persons, women, and persons with a | 19 | | disability, as those terms are defined in Section 2 of the | 20 | | Business Enterprise for Minorities, Women, and Persons with | 21 | | Disabilities Act, for not less than 20% of the total | 22 | | contracts, provided that: | 23 | | (1) contracts representing at least 11% of the total | 24 | | projects shall be awarded to minority-owned businesses, as | 25 | | defined in Section 2 of the Business Enterprise for | 26 | | Minorities, Women, and Persons with Disabilities Act; |
| | | 10200HB3739sam001 | - 11 - | LRB102 14540 CPF 26510 a |
|
| 1 | | (2) contracts representing at least 7% of the total | 2 | | projects shall be awarded to women-owned businesses, as | 3 | | defined in Section 2 of the Business Enterprise for | 4 | | Minorities, Women, and Persons with Disabilities Act; and | 5 | | (3) contracts representing at least 2% of the total | 6 | | projects shall be awarded to businesses owned by persons | 7 | | with a disability. | 8 | | Owners or operators of a community water supply are | 9 | | encouraged to divide projects, whenever economically feasible, | 10 | | into contracts of smaller size that ensure small business | 11 | | contractors or vendors shall have the ability to qualify in | 12 | | the applicable bidding process, when determining the ability | 13 | | to deliver on a given contract based on scope and size, as a | 14 | | responsible and responsive bidder. | 15 | | When a contractor or vendor submits a bid or letter of | 16 | | intent in response to a request for proposal or other bid | 17 | | submission, the contractor or vendor shall include with its | 18 | | responsive documents a utilization plan that shall address how | 19 | | compliance with applicable good faith requirements set forth | 20 | | in this subsection shall be addressed. | 21 | | Under this subsection, "good faith effort" means
a | 22 | | community water supply has taken all necessary steps to comply | 23 | | with the goals of this subsection by complying with the | 24 | | following: | 25 | | (1) Soliciting through reasonable and available means | 26 | | the interest of a business, as defined in Section 2 of the |
| | | 10200HB3739sam001 | - 12 - | LRB102 14540 CPF 26510 a |
|
| 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 | 23 | | through direct award to diverse contractors and through the | 24 | | use of diverse subcontractors and diverse vendors to | 25 | | contracts. | 26 | | (o) An owner or operator of a community water supply shall |
| | | 10200HB3739sam001 | - 13 - | LRB102 14540 CPF 26510 a |
|
| 1 | | collect data necessary to ensure compliance with subsection | 2 | | (n) no less than semi-annually and shall include progress | 3 | | toward compliance of subsection (n) in the owner or operator's | 4 | | report required under subsection (t-5). The report must | 5 | | include data on vendor and employee diversity, including data | 6 | | on the owner's or operator's implementation of subsection (n). | 7 | | (p) Every owner or operator of a community water supply | 8 | | that has known or suspected lead service lines shall: | 9 | | (1) create a plan to: | 10 | | (A) replace each lead service line connected to | 11 | | its distribution system; and | 12 | | (B) replace each galvanized service line connected | 13 | | to its distribution system, if the galvanized service | 14 | | line is or was connected downstream to lead piping; | 15 | | and | 16 | | (2) electronically submit, by April 15, 2024 its | 17 | | initial lead service line replacement plan to the Agency; | 18 | | (3) electronically submit by April 15 of each year | 19 | | after 2024 until April 15, 2027 an updated lead service | 20 | | line replacement plan to the Agency for review; the | 21 | | updated replacement plan shall account for changes in the | 22 | | number of lead service lines or unknown service lines in | 23 | | the material inventory described in subsection (d); | 24 | | (4) electronically submit by April 15, 2027 a complete | 25 | | and final replacement plan to the Agency for approval; the | 26 | | complete and final replacement plan shall account for all |
| | | 10200HB3739sam001 | - 14 - | LRB102 14540 CPF 26510 a |
|
| 1 | | known and suspected lead service lines documented in the | 2 | | final material inventory described under paragraph (3) of | 3 | | subsection (d); and | 4 | | (5) post on its website a copy of the plan most | 5 | | recently submitted to the Agency or may request that the | 6 | | Agency post a copy of that plan on the Agency's website. | 7 | | (q) Each plan required under paragraph (1) of subsection | 8 | | (p) shall include the following: | 9 | | (1) the name and identification number of the | 10 | | community water supply; | 11 | | (2) the total number of service lines connected to the | 12 | | distribution system of the community water supply; | 13 | | (3) the total number of suspected lead service lines | 14 | | connected to the distribution system of the community | 15 | | water supply; | 16 | | (4) the total number of known lead service lines | 17 | | connected to the distribution system of the community | 18 | | water supply; | 19 | | (5) the total number of lead service lines connected | 20 | | to the distribution system of the community water supply | 21 | | that have been replaced each year beginning in 2020; | 22 | | (6) a proposed lead service line replacement schedule | 23 | | that includes one-year, 5-year, 10-year, 15-year, 20-year, | 24 | | 25-year, and 30-year goals; | 25 | | (7) an analysis of costs and financing options for | 26 | | replacing the lead service lines connected to the |
| | | 10200HB3739sam001 | - 15 - | LRB102 14540 CPF 26510 a |
|
| 1 | | community water supply's distribution system, which shall | 2 | | include, but shall not be limited to: | 3 | | (A) a detailed accounting of costs associated with | 4 | | replacing lead service lines and galvanized lines that | 5 | | are or were connected downstream to lead piping; | 6 | | (B) measures to address affordability and prevent | 7 | | service shut-offs for customers or ratepayers; and | 8 | | (C) consideration of different scenarios for | 9 | | structuring payments between the utility and its | 10 | | customers over time; and | 11 | | (8) a plan for prioritizing high-risk facilities, such | 12 | | as preschools, day care centers, day care homes, group day | 13 | | care homes, parks, playgrounds, hospitals, and clinics, as | 14 | | well as high-risk areas identified by the community water | 15 | | supply; | 16 | | (9) a map of the areas where lead service lines are | 17 | | expected to be found and the sequence with which those | 18 | | areas will be inventoried and lead service lines replaced; | 19 | | (10) measures for how the community water supply will | 20 | | inform the public of the plan and provide opportunity for | 21 | | public comment; and | 22 | | (11) measures to encourage diversity in hiring in the | 23 | | workforce required to implement the plan as identified | 24 | | under subsection (n). | 25 | | (r) The Agency shall review final plans submitted to it | 26 | | under subsection (p). The Agency shall approve a final plan if |
| | | 10200HB3739sam001 | - 16 - | LRB102 14540 CPF 26510 a |
|
| 1 | | the final plan includes all of the elements set forth under | 2 | | subsection (q) and the Agency determines that: | 3 | | (1) the proposed lead service line replacement | 4 | | schedule set forth in the plan aligns with the timeline | 5 | | requirements set forth under subsection (v); | 6 | | (2) the plan prioritizes the replacement of lead | 7 | | service lines that provide water service to high-risk | 8 | | facilities, such as preschools, day care centers, day care | 9 | | homes, group day care homes, parks, playgrounds, | 10 | | hospitals, and clinics, and high-risk areas identified by | 11 | | the community water supply; | 12 | | (3) the plan includes analysis of cost and financing | 13 | | options; and | 14 | | (4) the plan provides documentation of public review. | 15 | | (s) An owner or operator of a community water supply has no | 16 | | duty to include in the plans required under subsection (p) | 17 | | information about service lines that are physically | 18 | | disconnected from a water main in its distribution system. | 19 | | (t) If a community water supply does not deliver a | 20 | | complete plan to the Agency by April 15, 2027, the community | 21 | | water supply may apply to the Agency for an extension no less | 22 | | than 3 months prior to the due date. The Agency shall develop | 23 | | criteria for granting plan extensions. When considering | 24 | | requests for extension, the Agency shall, at a minimum, | 25 | | consider: | 26 | | (1) the number of service connections in a water |
| | | 10200HB3739sam001 | - 17 - | LRB102 14540 CPF 26510 a |
|
| 1 | | supply; and | 2 | | (2) the number of service lines of an unknown material | 3 | | composition. | 4 | | (t-5) After the Agency has approved the final replacement | 5 | | plan described in subsection (p), the owner or operator of a | 6 | | community water supply shall submit a report detailing | 7 | | progress toward plan goals to the Agency for its review. The | 8 | | report shall be submitted annually for the first 10 years, and | 9 | | every 3 years thereafter until all lead service lines have | 10 | | been replaced. Reports under this subsection shall be | 11 | | published in the same manner described in subsection (l). The | 12 | | report shall include at least the following information as it | 13 | | pertains to the preceding reporting period: | 14 | | (1) The number of lead service lines replaced and the | 15 | | average cost of lead service line replacement. | 16 | | (2) Progress toward meeting hiring requirements as | 17 | | described in subsection (n) and subsection (o). | 18 | | (3) The percent of customers electing a waiver | 19 | | offered, as described in subsections (ii) and (jj), among | 20 | | those customers receiving a request or notification to | 21 | | perform a lead service line replacement. | 22 | | (4) The method or methods used by the community water | 23 | | supply to finance lead service line replacement. | 24 | | (u) Notwithstanding any other provision of law, in order | 25 | | to provide for costs associated with lead service line | 26 | | remediation and replacement, the corporate authorities of a |
| | | 10200HB3739sam001 | - 18 - | LRB102 14540 CPF 26510 a |
|
| 1 | | municipality may, by ordinance or resolution by the corporate | 2 | | authorities, exercise authority provided in Section 27-5 of | 3 | | the Property Tax Code and Sections 8-3-1, 8-11-1, 8-11-5, | 4 | | 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq., 11-131-1, | 5 | | and 11-150-1 of the Illinois Municipal Code. Taxes levied for | 6 | | this purpose shall be in addition to taxes for general | 7 | | purposes authorized under Section 8-3-1 of the Illinois | 8 | | Municipal Code and shall be included in the taxing district's | 9 | | aggregate extension for the purposes of Division 5 of Article | 10 | | 18 of the Property Tax Code. | 11 | | (v) Every owner or operator of a community water supply | 12 | | shall replace all known lead service lines, subject to the | 13 | | requirements of subsection (ff), according to the following | 14 | | replacement rates and timelines to be calculated from the date | 15 | | of submission of the final replacement plan to the Agency: | 16 | | (1) A community water supply reporting 1,200 or fewer | 17 | | lead service lines in its final inventory and replacement | 18 | | plan shall replace all lead service lines, at an annual | 19 | | rate of no less than 7% of the amount described in the | 20 | | final inventory, with a timeline of up to 15 years for | 21 | | completion. | 22 | | (2) A community water supply reporting more than 1,200 | 23 | | but fewer than 5,000 lead service lines in its final | 24 | | inventory and replacement plan shall replace all lead | 25 | | service lines, at an annual rate of no less than 6% of the | 26 | | amount described in the final inventory, with a timeline |
| | | 10200HB3739sam001 | - 19 - | LRB102 14540 CPF 26510 a |
|
| 1 | | of up to 17 years for completion. | 2 | | (3) A community water supply reporting more than 4,999 | 3 | | but fewer than 10,000 lead service lines in its final | 4 | | inventory and replacement plan shall replace all lead | 5 | | service lines, at an annual rate of no less than 5% of the | 6 | | amount described in the final inventory, with a timeline | 7 | | of up to 20 years for completion. | 8 | | (4) A community water supply reporting more than 9,999 | 9 | | but fewer than 99,999 lead service lines in its final | 10 | | inventory and replacement plan shall replace all lead | 11 | | service lines, at an annual rate of no less than 3% of the | 12 | | amount described in the final inventory, with a timeline | 13 | | of up to 34 years for completion. | 14 | | (5) A community water supply reporting more than | 15 | | 99,999 lead service lines in its final inventory and | 16 | | replacement plan shall replace all lead service lines, at | 17 | | an annual rate of no less than 2% of the amount described | 18 | | in the final inventory, with a timeline of up to 50 years | 19 | | for completion. | 20 | | (w) A community water supply may apply to the Agency for an | 21 | | extension to the replacement timelines described in paragraphs | 22 | | (1) through (5) of subsection (v). The Agency shall develop | 23 | | criteria for granting replacement timeline extensions. When | 24 | | considering requests for timeline extensions, the Agency | 25 | | shall, at a minimum, consider: | 26 | | (1) the number of service connections in a water |
| | | 10200HB3739sam001 | - 20 - | LRB102 14540 CPF 26510 a |
|
| 1 | | supply; and | 2 | | (2) unusual circumstances creating hardship for a | 3 | | community. | 4 | | The Agency may grant one extension of additional time | 5 | | equal to not more than 20% of the original replacement | 6 | | timeline, except in situations of extreme hardship in which | 7 | | the Agency may consider a second additional extension equal to | 8 | | not more than 10% of the original replacement timeline. | 9 | | Replacement rates and timelines shall be calculated from | 10 | | the date of submission of the final plan to the Agency. | 11 | | (x) The Lead Service Line Replacement Advisory Board is | 12 | | created within the Agency. The Advisory Board shall convene | 13 | | within 120 days after the effective date of this amendatory | 14 | | Act of the 102nd General Assembly. | 15 | | The Advisory Board shall consist of at least 28 voting | 16 | | members, as follows: | 17 | | (1) the Director of the Agency, or his or her | 18 | | designee, who shall serve as chairperson; | 19 | | (2) the Director of Revenue, or his or her designee; | 20 | | (3) the Director of Public Health, or his or her | 21 | | designee; | 22 | | (4) fifteen members appointed by the Agency as | 23 | | follows: | 24 | | (A) one member representing a statewide | 25 | | organization of municipalities as authorized by | 26 | | Section 1-8-1 of the Illinois Municipal Code; |
| | | 10200HB3739sam001 | - 21 - | LRB102 14540 CPF 26510 a |
|
| 1 | | (B) two members who are mayors representing | 2 | | municipalities located in any county south of the | 3 | | southernmost county represented by one of the 10 | 4 | | largest municipalities in Illinois by population, or | 5 | | their respective designees; | 6 | | (C) two members who are representatives from | 7 | | public health advocacy groups; | 8 | | (D) two members who are representatives from | 9 | | publicly-owned water utilities; | 10 | | (E) one member who is a representative from a | 11 | | public utility as defined under Section 3-105 of the | 12 | | Public Utilities Act that provides water service in | 13 | | the State of Illinois; | 14 | | (F) one member who is a research professional | 15 | | employed at an Illinois academic institution and | 16 | | specializing in water infrastructure research; | 17 | | (G) two members who are representatives from | 18 | | nonprofit civic organizations; | 19 | | (H) one member who is a representative from a | 20 | | statewide organization representing environmental | 21 | | organizations; | 22 | | (I) two members who are representatives from | 23 | | organized labor; and | 24 | | (J) one member representing an environmental | 25 | | justice organization; and | 26 | | (5) ten members who are the mayors of the 10 largest |
| | | 10200HB3739sam001 | - 22 - | LRB102 14540 CPF 26510 a |
|
| 1 | | municipalities in Illinois by population, or their | 2 | | respective designees. | 3 | | No less than 10 of the 28 voting members shall be persons | 4 | | of color, and no less than 3 shall represent communities | 5 | | defined or self-identified as environmental justice | 6 | | communities. | 7 | | Advisory Board members shall serve without compensation, | 8 | | but may be reimbursed for necessary expenses incurred in the | 9 | | performance of their duties from funds appropriated for that | 10 | | purpose. The Agency shall provide administrative support to | 11 | | the Advisory Board. | 12 | | The Advisory Board shall meet no less than once every 6 | 13 | | months. | 14 | | (y) The Advisory Board shall have, at a minimum, the | 15 | | following duties: | 16 | | (1) advising the Agency on best practices in lead | 17 | | service line replacement; | 18 | | (2) reviewing the progress of community water supplies | 19 | | toward lead service line replacement goals; | 20 | | (3) advising the Agency on other matters related to | 21 | | the administration of the provisions of this Section; | 22 | | (4) advising the Agency on the integration of existing | 23 | | lead service line replacement plans with any statewide | 24 | | plan; and | 25 | | (5) providing technical support and practical | 26 | | expertise in general. |
| | | 10200HB3739sam001 | - 23 - | LRB102 14540 CPF 26510 a |
|
| 1 | | (z) Within 18 months after the effective date of this | 2 | | amendatory Act of the 102nd General Assembly, the Advisory | 3 | | Board shall deliver a report of its recommendations to the | 4 | | Governor and the General Assembly concerning opportunities for | 5 | | dedicated, long-term revenue options for funding lead service | 6 | | line replacement. In submitting recommendations, the Advisory | 7 | | Board shall consider, at a minimum, the following: | 8 | | (1) the sufficiency of various revenue sources to | 9 | | adequately fund replacement of all lead service lines in | 10 | | Illinois; | 11 | | (2) the financial burden, if any, on households | 12 | | falling below 150% of the federal poverty limit; | 13 | | (3) revenue options that guarantee low-income | 14 | | households are protected from rate increases; | 15 | | (4) an assessment of the ability of community water | 16 | | supplies to assess and collect revenue; | 17 | | (5) variations in financial resources among individual | 18 | | households within a service area; and | 19 | | (6) the protection of low-income households from rate | 20 | | increases. | 21 | | (aa) Within 10 years after the effective date of this | 22 | | amendatory Act of the 102nd General Assembly, the Advisory | 23 | | Board shall prepare and deliver a report to the Governor and | 24 | | General Assembly concerning the status of all lead service | 25 | | line replacement within the State. | 26 | | (bb) The Lead Service Line Replacement Fund is created as |
| | | 10200HB3739sam001 | - 24 - | LRB102 14540 CPF 26510 a |
|
| 1 | | a special fund in the State treasury to be used by the Agency | 2 | | for the purposes provided under this Section. The Fund shall | 3 | | be used exclusively to finance and administer programs and | 4 | | activities specified under this Section and listed under this | 5 | | subsection. | 6 | | The objective of the Fund is to finance activities | 7 | | associated with identifying and replacing lead service lines, | 8 | | build Agency capacity to oversee the provisions of this | 9 | | Section, and provide related assistance for the activities | 10 | | listed under this subsection. | 11 | | The Agency shall be responsible for the administration of | 12 | | the Fund and shall allocate moneys on the basis of priorities | 13 | | established by the Agency through administrative rule. On July | 14 | | 1, 2022 and on July 1 of each year thereafter, the Agency shall | 15 | | determine the available amount of resources in the Fund that | 16 | | can be allocated to the activities identified under this | 17 | | Section and shall allocate the moneys accordingly. | 18 | | Notwithstanding any other law to the contrary, the Lead | 19 | | Service Line Replacement Fund is not subject to sweeps, | 20 | | administrative charge-backs, or any other fiscal maneuver that | 21 | | would in any way transfer any amounts from the Lead Service | 22 | | Line Replacement Fund into any other fund of the State. | 23 | | (cc)_Within one year after the effective date of this | 24 | | amendatory Act of the 102 General Assembly, the Agency shall | 25 | | design rules for a program for the purpose of administering | 26 | | lead service line replacement funds. The rules must, at |
| | | 10200HB3739sam001 | - 25 - | LRB102 14540 CPF 26510 a |
|
| 1 | | minimum, contain: | 2 | | (1) the process by which community water supplies may | 3 | | apply for funding; and | 4 | | (2) the criteria for determining unit of local | 5 | | government eligibility and prioritization for funding, | 6 | | including the prevalence of low-income households, as | 7 | | measured by median household income, the prevalence of | 8 | | lead service lines, and the prevalence of water samples | 9 | | that demonstrate elevated levels of lead. | 10 | | (dd) Funding under subsection (cc) shall be available for | 11 | | costs directly attributable to the planning, design, or | 12 | | construction directly related to the replacement of lead | 13 | | service lines and restoration of property. | 14 | | Funding shall not be used for the general operating | 15 | | expenses of a municipality or community water supply. | 16 | | (ee) An owner or operator of any community water supply | 17 | | receiving grant funding under subsection (cc) shall bear the | 18 | | entire expense of full lead service line replacement for all | 19 | | lead service lines in the scope of the grant. | 20 | | (ff) When replacing a lead service line, the owner or | 21 | | operator of the community water supply shall replace the | 22 | | service line in its entirety, including, but not limited to, | 23 | | any portion of the service line (i) running on private | 24 | | property and (ii) within the building's plumbing at the first | 25 | | shut-off valve. Partial lead service line replacements are | 26 | | expressly prohibited. Exceptions shall be made under the |
| | | 10200HB3739sam001 | - 26 - | LRB102 14540 CPF 26510 a |
|
| 1 | | following circumstances: | 2 | | (1) In the event of an emergency repair that affects a | 3 | | lead service line or a suspected lead service line, a | 4 | | community water supply must contact the building owner to | 5 | | begin the process of replacing the entire service line. If | 6 | | the building owner is not able to be contacted or the | 7 | | building owner or occupant refuses to grant access and | 8 | | permission to replace the entire service line at the time | 9 | | of the emergency repair, then the community water supply | 10 | | may perform a partial lead service line replacement. Where | 11 | | an emergency repair on a service line constructed of lead | 12 | | or galvanized steel pipe results in a partial service line | 13 | | replacement, the water supply responsible for commencing | 14 | | the repair shall perform the following: | 15 | | (A) Notify the building's owner or operator and | 16 | | the resident or residents served by the lead service | 17 | | line in writing that a repair has been completed. The | 18 | | notification shall include, at a minimum: | 19 | | (i) a warning that the work may result in | 20 | | sediment, possibly containing lead, in the | 21 | | buildings water supply system; | 22 | | (ii) information concerning practices for | 23 | | preventing the consumption of any lead in drinking | 24 | | water, including a recommendation to flush water | 25 | | distribution pipe during and after the completion | 26 | | of the repair or replacement work and to clean |
| | | 10200HB3739sam001 | - 27 - | LRB102 14540 CPF 26510 a |
|
| 1 | | faucet aerator screens; and | 2 | | (iii) information regarding the dangers of | 3 | | lead to young children and pregnant women. | 4 | | (B) Provide filters for at least one fixture | 5 | | supplying potable water for consumption. The filter | 6 | | must be certified by an accredited third-party | 7 | | certification body to NSF/ANSI 53 and NSF/ANSI 42 for | 8 | | the reduction of lead and particulate. The filter must | 9 | | be provided until such time that the remaining | 10 | | portions of the service line have been replaced with a | 11 | | material approved by the Department or a waiver has | 12 | | been issued under subsection (ii). | 13 | | (C) Replace the remaining portion of the lead | 14 | | service line within 30 days of the repair, or 120 days | 15 | | in the event of weather or other circumstances beyond | 16 | | reasonable control that prohibits construction. If a | 17 | | complete lead service line replacement cannot be made | 18 | | within the required period, the community water supply | 19 | | responsible for commencing the repair shall notify the | 20 | | Department in writing, at a minimum, of the following | 21 | | within 24 hours of the repair: | 22 | | (i) an explanation of why it is not feasible | 23 | | to replace the remaining portion of the lead | 24 | | service line within the allotted time; and | 25 | | (ii) a timeline for when the remaining portion | 26 | | of the lead service line will be replaced. |
| | | 10200HB3739sam001 | - 28 - | LRB102 14540 CPF 26510 a |
|
| 1 | | (D) If complete repair of a lead service line | 2 | | cannot be completed due to denial by the property | 3 | | owner, the community water supply commencing the | 4 | | repair shall request the affected property owner to | 5 | | sign a waiver developed by the Department. If a | 6 | | property owner of a nonresidential building or | 7 | | residence operating as rental properties denies a | 8 | | complete lead service line replacement, the property | 9 | | owner shall be responsible for installing and | 10 | | maintaining point-of-use filters certified by an | 11 | | accredited third-party certification body to NSF/ANSI | 12 | | 53 and NSF/ANSI 42 for the reduction of lead and | 13 | | particulate at all fixtures intended to supply water | 14 | | for the purposes of drinking, food preparation, or | 15 | | making baby formula. The filters shall continue to be | 16 | | supplied by the property owner until such time that | 17 | | the property owner has affected the remaining portions | 18 | | of the lead service line to be replaced. | 19 | | (E) Document any remaining lead service line, | 20 | | including a portion on the private side of the | 21 | | property, in the community water supply's distribution | 22 | | system materials inventory required under subsection | 23 | | (d). | 24 | | For the purposes of this paragraph (1), written notice | 25 | | shall be provided in the method and according to the | 26 | | provisions of subsection (jj). |
| | | 10200HB3739sam001 | - 29 - | LRB102 14540 CPF 26510 a |
|
| 1 | | (2) Lead service lines that are physically | 2 | | disconnected from the distribution system are exempt from | 3 | | this subsection. | 4 | | (gg) Except as provided in subsection (hh), on and after | 5 | | January 1, 2022, when the owner or operator of a community | 6 | | water supply replaces a water main, the community water supply | 7 | | shall identify all lead service lines connected to the water | 8 | | main and shall replace the lead service lines by: | 9 | | (1) identifying the material or materials of each lead | 10 | | service line connected to the water main, including, but | 11 | | not limited to, any portion of the service line (i) | 12 | | running on private property and (ii) within the building | 13 | | plumbing at the first shut-off valve or 18 inches inside | 14 | | the building, whichever is shorter; | 15 | | (2) in conjunction with replacement of the water main, | 16 | | replacing any and all portions of each lead service line | 17 | | connected to the water main that are composed of lead; and | 18 | | (3) if a property owner or customer refuses to grant | 19 | | access to the property, following prescribed notice | 20 | | provisions as outlined in subsection (ff). | 21 | | If an owner of a potentially affected building intends to | 22 | | replace a portion of a lead service line or a galvanized | 23 | | service line and the galvanized service line is or was | 24 | | connected downstream to lead piping, then the owner of the | 25 | | potentially affected building shall provide the owner or | 26 | | operator of the community water supply with notice at least 45 |
| | | 10200HB3739sam001 | - 30 - | LRB102 14540 CPF 26510 a |
|
| 1 | | days before commencing the work. In the case of an emergency | 2 | | repair, the owner of the potentially affected building must | 3 | | provide filters for each kitchen area that are certified by an | 4 | | accredited third-party certification body to NSF/ANSI 53 and | 5 | | NSF/ANSI 42 for the reduction of lead and particulate. If the | 6 | | owner of the potentially affected building notifies the owner | 7 | | or operator of the community water supply that replacement of | 8 | | a portion of the lead service line after the emergency repair | 9 | | is completed, then the owner or operator of the community | 10 | | water supply shall replace the remainder of the lead service | 11 | | line within 30 days after completion of the emergency repair. | 12 | | A community water supply may take up to 120 days if necessary | 13 | | due to weather conditions. If a replacement takes longer than | 14 | | 30 days, filters provided by the owner of the potentially | 15 | | affected building must be replaced in accordance with the | 16 | | manufacturer's recommendations. Partial lead service line | 17 | | replacements by the owners of potentially affected buildings | 18 | | are otherwise prohibited. | 19 | | (hh) For municipalities with a population in excess of | 20 | | 1,000,000 inhabitants, the requirements of subsection (gg) | 21 | | shall commence on January 1, 2023. | 22 | | (ii) At least 45 days before conducting planned lead | 23 | | service line replacement, the owner or operator of a community | 24 | | water supply shall, by mail, attempt to contact the owner of | 25 | | the potentially affected building serviced by the lead service | 26 | | line to request access to the building and permission to |
| | | 10200HB3739sam001 | - 31 - | LRB102 14540 CPF 26510 a |
|
| 1 | | replace the lead service line in accordance with the lead | 2 | | service line replacement plan. If the owner of the potentially | 3 | | affected building does not respond to the request within 15 | 4 | | days after the request is sent, the owner or operator of the | 5 | | community water supply shall attempt to post the request on | 6 | | the entrance of the potentially affected building. | 7 | | If the owner or operator of a community water supply is | 8 | | unable to obtain approval to access and replace a lead service | 9 | | line, the owner or operator of the community water supply | 10 | | shall request that the owner of the potentially affected | 11 | | building sign a waiver. The waiver shall be developed by the | 12 | | Department and should be made available in the owner's | 13 | | language. If the owner of the potentially affected building | 14 | | refuses to sign the waiver or fails to respond to the community | 15 | | water supply after the community water supply has complied | 16 | | with this subsection, then the community water supply shall | 17 | | notify the Department in writing within 15 working days. | 18 | | (jj) When replacing a lead service line or repairing or | 19 | | replacing water mains with lead service lines or partial lead | 20 | | service lines attached to them, the owner or operator of a | 21 | | community water supply shall provide the owner of each | 22 | | potentially affected building that is serviced by the affected | 23 | | lead service lines or partial lead service lines, as well as | 24 | | the occupants of those buildings, with an individual written | 25 | | notice. The notice shall be delivered by mail or posted at the | 26 | | primary entranceway of the building. The notice may, in |
| | | 10200HB3739sam001 | - 32 - | LRB102 14540 CPF 26510 a |
|
| 1 | | addition, be electronically mailed. Written notice shall | 2 | | include, at a minimum, the following: | 3 | | (1) a warning that the work may result in sediment, | 4 | | possibly containing lead from the service line, in the | 5 | | building's water; | 6 | | (2) information concerning the best practices for | 7 | | preventing exposure to or risk of consumption of lead in | 8 | | drinking water, including a recommendation to flush water | 9 | | lines during and after the completion of the repair or | 10 | | replacement work and to clean faucet aerator screens; and | 11 | | (3) information regarding the dangers of lead exposure | 12 | | to young children and pregnant women. | 13 | | When the individual written notice described in the first | 14 | | paragraph of this subsection is required as a result of | 15 | | planned work other than the repair or replacement of a water | 16 | | meter, the owner or operator of the community water supply | 17 | | shall provide the notice not less than 14 days before work | 18 | | begins. When the individual written notice described in the | 19 | | first paragraph of this subsection is required as a result of | 20 | | emergency repairs other than the repair or replacement of a | 21 | | water meter, the owner or operator of the community water | 22 | | supply shall provide the notice at the time the work is | 23 | | initiated. When the individual written notice described in the | 24 | | first paragraph of this subsection is required as a result of | 25 | | the repair or replacement of a water meter, the owner or | 26 | | operator of the community water supply shall provide the |
| | | 10200HB3739sam001 | - 33 - | LRB102 14540 CPF 26510 a |
|
| 1 | | notice at the time the work is initiated. | 2 | | The notifications required under this subsection must | 3 | | contain the following
statement in the Spanish, Polish, | 4 | | Chinese, Tagalog, Arabic, Korean, German, Urdu, and
Gujarati:
| 5 | | "This notice contains important information about your water | 6 | | service and may affect your
rights. We encourage you to have | 7 | | this notice translated in full into a language you
understand | 8 | | and before you make any decisions that may be required under | 9 | | this notice." | 10 | | An owner or operator of a community water supply that is | 11 | | required under this subsection to provide an individual | 12 | | written notice to the owner and occupant of a potentially | 13 | | affected building that is a multi-dwelling building may | 14 | | satisfy that requirement and the requirements of this | 15 | | subsection regarding notification to non-English speaking | 16 | | customers by posting the required notice on the primary | 17 | | entranceway of the building and at the location where the | 18 | | occupant's mail is delivered as reasonably as possible. | 19 | | When this subsection would require the owner or operator | 20 | | of a community water supply to provide an individual written | 21 | | notice to the entire community served by the community water | 22 | | supply or would require the owner or operator of a community | 23 | | water supply to provide individual written notices as a result | 24 | | of emergency repairs or when the community water supply that | 25 | | is required to comply with this subsection is a small system, | 26 | | the owner or operator of the community water supply may |
| | | 10200HB3739sam001 | - 34 - | LRB102 14540 CPF 26510 a |
|
| 1 | | provide the required notice through local media outlets, | 2 | | social media, or other similar means in lieu of providing the | 3 | | individual written notices otherwise required under this | 4 | | subsection. | 5 | | No notifications are required under this subsection for | 6 | | work performed on water mains that are used to transmit | 7 | | treated water between community water supplies and properties | 8 | | that have no service connections. | 9 | | (kk) No community water supply that sells water to any | 10 | | wholesale or retail consecutive community water supply may | 11 | | pass on any costs associated with compliance with this Section | 12 | | to consecutive systems. | 13 | | (ll) To the extent allowed by law, when a community water | 14 | | supply replaces or installs a lead service line in a public | 15 | | right-of-way or enters into an agreement with a private | 16 | | contractor for replacement or installation of a lead service | 17 | | line, the community water supply shall be held harmless for | 18 | | all damage to property when replacing or installing the lead | 19 | | service line. If dangers are encountered that prevent the | 20 | | replacement of the lead service line, the community water | 21 | | supply shall notify the Department within 15 working days of | 22 | | why the replacement of the lead service line could not be | 23 | | accomplished. | 24 | | (mm) The Agency may propose to the Board, and the Board may | 25 | | adopt, any rules necessary to implement and administer this | 26 | | Section. The Department may adopt rules necessary to address |
| | | 10200HB3739sam001 | - 35 - | LRB102 14540 CPF 26510 a |
|
| 1 | | lead service lines attached to noncommunity water supplies. | 2 | | (nn) Notwithstanding any other provision in this Section, | 3 | | no requirement in this Section shall be construed as being | 4 | | less stringent than existing applicable federal requirements. | 5 | | (oo) All lead service line replacements financed in whole | 6 | | or in part with funds obtained under this Section shall be | 7 | | considered public works for purposes of the Prevailing Wage | 8 | | Act. | 9 | | (415 ILCS 5/17.11 rep.) | 10 | | Section 20. The Environmental Protection Act is amended by | 11 | | repealing Section 17.11.".
|
|