Full Text of SB1523 103rd General Assembly
SB1523 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1523 Introduced 2/8/2023, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: |
| New Act | | 30 ILCS 500/1-10 | | 30 ILCS 105/5.990 new | |
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Creates the Water Quality Assurance Act. Provides that new and existing health care facilities and buildings containing health care facilities shall develop and implement water management programs with specified elements to control the growth and spread of opportunistic waterborne pathogens. Requires specified persons to develop and implement a routine culture sampling plan for all building water systems. Requires health care facilities to perform remediation of identified opportunistic waterborne pathogens. Provides that the Department of Public Health or agent health departments may enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of the Act. Requires health care facilities to register with the Department all building water systems within 120 days of the Act's effective date and to provide specified information. Contains other provisions. Establishes the Water Quality Assurance Fund as a special fund in the State treasury and makes a conforming change in the State Finance Act. Provides that the Department of Public Health shall implement, administer, and enforce the Act and may adopt rules it deems necessary to do so. Amends the Illinois Procurement Code. Provides that the Code shall not apply to procurement expenditures necessary for the Department to respond to an infectious disease outbreak response or to procurement expenditures that are necessary for a State agency's facility to implement critical recommendations provided by the Department in response to an infectious disease outbreak. Effective January 1, 2024
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Water | 5 | | Quality Assurance Act. | 6 | | Section 5. Purpose. It has been established by scientific | 7 | | evidence that improper management of building water systems | 8 | | may cause or contribute to the proliferation of opportunistic | 9 | | waterborne pathogens and can result in adverse health effects | 10 | | and potentially lethal disease in at-risk populations. In | 11 | | order to safeguard the health and safety of the people of this | 12 | | State, the General Assembly finds it necessary to provide for | 13 | | the promulgation of requirements for water management and | 14 | | sampling programs in health care facilities and | 15 | | authoritatively establish the registration and certification | 16 | | of water quality professionals and contractors. | 17 | | Section 10. Definitions. In this Act: | 18 | | "Agent health department" means a certified local health | 19 | | department that the Department has designated as its agent for | 20 | | making inspections and investigations under Section 70. | 21 | | "Building water system" means a potable or nonpotable | 22 | | water system in a building or on a building site, including, |
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| 1 | | but not limited to, a water supply system, decorative water | 2 | | feature, evaporative cooler or condenser, whirlpool spa, | 3 | | humidification system, and other aerosolizing water features. | 4 | | "Control limit" means a maximum value, a minimum value, or | 5 | | a range of values of a chemical or physical parameter | 6 | | associated with a control measure that is monitored and | 7 | | maintained to reduce the occurrence of hazardous conditions. | 8 | | The Department may establish control limits by rule. | 9 | | "Control measure" means disinfecting, heating, cooling, | 10 | | filtering, flushing, or other means, methods, or procedures | 11 | | used to maintain the physical, biological, or chemical | 12 | | conditions of water within an established control limit. | 13 | | "Control measure" includes treatment methods, technical and | 14 | | physical processes, and procedures and activities or actions | 15 | | that monitor or maintain physical, biological, or chemical | 16 | | conditions of water within control limits. Water management | 17 | | teams shall establish control limits as a maximum value, | 18 | | minimum value, or range of values for chemical, biological, | 19 | | and physical parameters. | 20 | | "Department" means the Department of Public Health. | 21 | | "Health care facility" means a facility organized under | 22 | | the University of Illinois Hospital Act or licensed under the | 23 | | Ambulatory Surgical Treatment Center Act, Hospital Licensing | 24 | | Act, Nursing Home Care Act, Assisted Living and Shared Housing | 25 | | Act, or Community Mental Health Act. | 26 | | "Immediate control measure" means a preestablished action |
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| 1 | | within a water management program intended to reduce potential | 2 | | exposure to opportunistic waterborne pathogens to be | 3 | | implemented when a building water system is thought to be a | 4 | | source of opportunistic waterborne pathogen transmission. | 5 | | "Immediate control measure" includes, but is not limited to, | 6 | | restricting operations of building water systems, installing | 7 | | appropriate primary barriers to reduce the possibility of | 8 | | exposure, halting new admissions, or temporarily closing an | 9 | | affected building or area. | 10 | | "Initial inspection" means an inspection conducted by the | 11 | | Department to determine compliance with this Act and rules | 12 | | adopted under this Act or to assess the operation of a water | 13 | | management program. | 14 | | "Opportunistic waterborne pathogen" means an organism | 15 | | found in water that is capable of causing disease in an at-risk | 16 | | individual or population. | 17 | | "Person" means any individual, group of individuals, | 18 | | association, trust, partnership, limited liability company, | 19 | | corporation, person doing business under an assumed name, | 20 | | county, municipality, the State of Illinois, or any political | 21 | | subdivision or department thereof, or any other entity. | 22 | | "Subsequent inspection" means any inspection made by the | 23 | | Department or an agent health department for the purpose of | 24 | | responding to a substantiated complaint, complying with a | 25 | | request by a health care facility or the agent health | 26 | | department, or ensuring compliance with an order or request of |
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| 1 | | the Department. "Subsequent inspection" does not include | 2 | | initial inspections performed by the Department. | 3 | | Section 15. Water Quality Assurance Fund. The Water | 4 | | Quality Assurance Fund is created as a special fund in the | 5 | | State treasury. All funds generated under this Act shall be | 6 | | deposited into the Fund and, subject to appropriation, | 7 | | available to the Department for the implementation, | 8 | | administration, and enforcement of this Act and any rules | 9 | | adopted by the Department under this Act. | 10 | | Section 20. Administration; rules. | 11 | | (a) The Department shall implement, administer, and | 12 | | enforce this Act and may adopt rules it deems necessary to do | 13 | | so. In case of conflict between the Illinois Administrative | 14 | | Procedure Act and this Act, the provisions of this Act shall | 15 | | control, except that Section 5-35 of the Illinois | 16 | | Administrative Procedure Act relating to procedures for | 17 | | rulemaking does not apply to the adoption of any rule required | 18 | | by federal law in connection with which the Department is | 19 | | precluded by law from exercising any discretion. In preparing | 20 | | rules under this Act, the Department may give consideration to | 21 | | nationally recognized standards and guidelines. | 22 | | (b) The Department may establish rules that specify the | 23 | | laboratory method used to evaluate water for the presence of | 24 | | bacteria capable of causing opportunistic infections. The |
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| 1 | | Department shall provide through its laboratories or ensure | 2 | | through evaluation of commercially available providers the use | 3 | | of appropriate laboratory test methods suitable for testing | 4 | | samples for the presence of Legionella bacteria. The | 5 | | Department's laboratory may collect fees for tests performed, | 6 | | which shall be deposited into the Public Health Laboratory | 7 | | Services Revolving Fund. | 8 | | Section 25. Water management programs. | 9 | | (a) A health care facility, or the owner of a building | 10 | | containing a health care facility, shall develop and implement | 11 | | a water management program to control the growth and spread of | 12 | | opportunistic waterborne pathogens that, at a minimum, | 13 | | includes the following elements: | 14 | | (1) Identification of persons on the water management | 15 | | program team responsible for developing, updating, | 16 | | implementing, and documenting actions designated by the | 17 | | water management plan. | 18 | | (2) Identification and description of all building | 19 | | water systems within the building and on the building site | 20 | | using text and process flow diagrams. | 21 | | (3) A risk assessment identifying areas within | 22 | | building water systems where conditions may promote the | 23 | | growth and spread of opportunistic waterborne pathogens. | 24 | | (4) Based on the risk assessment described in | 25 | | paragraph (3), identification and description of control |
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| 1 | | locations where control measures should be applied and | 2 | | maintained, including identification of control limits and | 3 | | procedures for routinely monitoring water quality | 4 | | parameters such as temperature or residual disinfectant | 5 | | control locations. | 6 | | (5) A list of conditions requiring implementation of | 7 | | preestablished corrective actions when control limits are | 8 | | not met or contingency responses and time frames for | 9 | | execution of such actions, including, but not limited to, | 10 | | implementation of appropriate immediate control measures | 11 | | in the event of: | 12 | | (A) culture analysis results identifying the | 13 | | presence of opportunistic waterborne pathogens within | 14 | | a building water system; or | 15 | | (B) a determination by the Department or an agent | 16 | | health department that one or more cases of disease or | 17 | | illness are, or may be, caused by an opportunistic | 18 | | waterborne pathogen and may be associated with a | 19 | | building water system in the building or on the | 20 | | premises of the health care facility. | 21 | | (6) Verification and validation procedures established | 22 | | by the health care facility or the owner of a building | 23 | | containing a health care facility to initially and | 24 | | routinely confirm that the water management program is | 25 | | being implemented as developed and is effective at | 26 | | controlling the growth and spread of opportunistic |
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| 1 | | waterborne pathogens. | 2 | | (7) Procedures identifying records of actions and | 3 | | activities of the water management program and water | 4 | | management team. Records may include, but are not limited | 5 | | to, documentation of corrective actions, maintenance, logs | 6 | | of water quality parameter monitoring or water management | 7 | | activities, and laboratory results of sampling performed. | 8 | | The records shall be maintained for at least 3 years and | 9 | | shall be made available upon request by the Department or | 10 | | an agent health department. | 11 | | (b) In concert with the water management program, building | 12 | | owners, representatives of building owners, tenants, or their | 13 | | designees shall develop and implement a routine culture | 14 | | sampling plan for all building water systems. Routine culture | 15 | | sampling and analysis shall be conducted a minimum of once | 16 | | every 6 months. Culture sampling plans shall include, at a | 17 | | minimum, provisions for analysis of Legionella species by a | 18 | | United States Centers for Disease Control and Prevention | 19 | | Environmental Legionella Isolate Technique Evaluation (ELITE) | 20 | | member laboratory. In addition to the routine culture | 21 | | sampling, the Department may require a health care facility to | 22 | | conduct additional culture sampling and analysis of building | 23 | | water systems at locations, within a specified time frame, | 24 | | using sampling methods described by the Department in response | 25 | | to: | 26 | | (1) notification from the Department or an agent |
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| 1 | | health department that one or more cases of disease or | 2 | | illness associated with opportunistic waterborne pathogens | 3 | | are or may be associated with the health care facility; or | 4 | | (2) any other conditions specified by the Department. | 5 | | (c) If the Department determines that a water management | 6 | | program does not include appropriate immediate control | 7 | | measures or if a water management program's immediate control | 8 | | measures are deemed ineffective or inappropriate by the | 9 | | Department, the Department may direct the facility to | 10 | | immediately implement immediate control measures as | 11 | | appropriate to reduce the transmission of opportunistic | 12 | | waterborne pathogens. | 13 | | (d) A health care facility shall develop communication | 14 | | plans to notify patients, residents, staff, and visitors of | 15 | | one or more cases of disease or illness associated with | 16 | | opportunistic waterborne pathogens. When notified by the | 17 | | Department or an agent health department that one or more | 18 | | cases of disease or illness are associated with the building | 19 | | or site of the building, the health care facility shall | 20 | | provide written notification within 48 hours to patients, | 21 | | residents, staff, and legal guardians. Written notification | 22 | | may include, but is not limited to, email, text, or other | 23 | | written communication consistent with the health care | 24 | | facility's communication practices. The written notification | 25 | | must include: | 26 | | (1) notification of the disease and the number of |
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| 1 | | cases associated with the health care facility; | 2 | | (2) actions taken by the water management team in | 3 | | response to each case of disease or illness; | 4 | | (3) immediate control measures implemented by the | 5 | | water management team to prevent further cases of disease | 6 | | or illness; | 7 | | (4) immediate appropriate disease surveillance efforts | 8 | | to identify past or future cases of disease or illness; | 9 | | and | 10 | | (5) if a health care facility chooses, a statement | 11 | | that the cases of disease or illness reported are from an | 12 | | unknown source, when consistent with the Department or an | 13 | | agent health department's investigation. | 14 | | (e) After a health care facility has successfully | 15 | | completed
any remediation necessary under Section 30, as | 16 | | demonstrated through environmental sampling, the Department or | 17 | | an agent health department has confirmed that there are no | 18 | | additional cases of disease or illness associated with an | 19 | | outbreak, and the Department or agent health department has | 20 | | concluded its investigation, the Department or agent health | 21 | | department shall provide the health care facility with a dated | 22 | | written certification that the health care facility is no | 23 | | longer under an active investigation associated with the cases | 24 | | of disease or illness referenced in subsection (d) and that | 25 | | remediation under Section 30 has been successfully completed. | 26 | | (f) Following written certification under paragraph (e), |
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| 1 | | in cases where the Department or an agent health department | 2 | | makes a statement to the public identifying a health care | 3 | | facility as being associated with one or more cases of disease | 4 | | or illness from an opportunistic waterborne pathogen | 5 | | referenced in paragraph (d), a statement shall be made by the | 6 | | Department or the agent health department that the remediation | 7 | | referenced in Section 30 has been completed and the Department | 8 | | or agent health department is not aware of any additional | 9 | | cases of disease or illness associated with the health care | 10 | | facility. | 11 | | Section 30. Remediation of identified opportunistic | 12 | | waterborne pathogens. | 13 | | (a) When the presence of opportunistic waterborne | 14 | | pathogens is detected by culture sampling programs or through | 15 | | environmental investigations of disease or illness associated | 16 | | with opportunistic waterborne pathogens at a health care | 17 | | facility, the health care facility shall take actions to | 18 | | remediate possible environmental sources. The actions shall be | 19 | | documented and records shall be made available to the | 20 | | Department in accordance with this Act. | 21 | | (b) When remediation activities include the use of | 22 | | supplemental disinfectants or another treatment that alters | 23 | | biological, physical, or chemical characteristics of water to | 24 | | control for opportunistic waterborne pathogens, then building | 25 | | owners, representatives of building owners, tenants, or their |
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| 1 | | designees shall comply with relevant provisions of the | 2 | | Environmental Protection Act, the Illinois Groundwater | 3 | | Protection Act, and any rules adopted under those Acts. | 4 | | (c) A health care facility using disinfectants to provide | 5 | | supplemental disinfectant by temporary injection or other | 6 | | means that does not include the installation of equipment | 7 | | shall notify the Department via email at least 48 hours prior | 8 | | to the treatment in accordance with rules adopted under this | 9 | | Act. Upon notification, the Department may require the health | 10 | | care facility to establish and implement immediate measures | 11 | | prior to the disinfection event to protect patients during the | 12 | | remediation activities, including providing notification to | 13 | | building users of the disinfection event. | 14 | | (d) Any supplemental disinfectant, equipment, or treatment | 15 | | used to remediate opportunistic waterborne pathogens shall be | 16 | | certified for its intended use and purpose by one or more | 17 | | approved agencies listed in rules adopted by the Department | 18 | | for efficacy in achieving its listed use and purpose. | 19 | | Section 35. Inspections. Subject to constitutional | 20 | | limitations, the Department, by its representatives, or an | 21 | | agent health department, after proper identification, may | 22 | | enter at reasonable times upon private or public property for | 23 | | the purpose of inspecting and investigating conditions | 24 | | relating to the enforcement of this Act and rules adopted | 25 | | under this Act. Written notice of all violations shall be |
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| 1 | | given to each person against whom a violation is alleged. | 2 | | Section 40. Access to premises. It shall be the duty of | 3 | | owners and operators of health care facilities and buildings | 4 | | containing health care facilities to give the Department and | 5 | | its authorized agents free access to those premises at all | 6 | | reasonable times for the purpose of inspection. | 7 | | Section 45. Fee schedule. A fee schedule for fees assessed | 8 | | by the Department for a health care facility shall be | 9 | | established by rules adopted by the Department. | 10 | | Section 50. Certification and registration of water | 11 | | management professionals and contractors. | 12 | | (a) Any person who offers services relative to the | 13 | | development of water management programs, building water | 14 | | sampling programs, or supplemental treatment of building water | 15 | | systems for the control of opportunistic waterborne pathogens | 16 | | shall be registered and certified by the Department. Persons | 17 | | seeking registration and certification under this Section | 18 | | shall apply for certification pursuant to rules adopted by the | 19 | | Department. In preparing rules for certification, the | 20 | | Department may consider nationally recognized standards and | 21 | | guidelines. | 22 | | (b) The Department may collect a reasonable fee to | 23 | | register and certify water management professionals and |
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| 1 | | contractors. The fee shall be deposited into the Water Quality | 2 | | Assurance Fund and used by the Department for the activities | 3 | | prescribed in this Act. | 4 | | (c) The Department shall adopt rules relating to the | 5 | | issuance, renewal, or suspension of the certification of an | 6 | | individual, business, or organization. | 7 | | Section 55. Registration of building water systems at | 8 | | health care facilities. | 9 | | (a) A health care facility shall register with the | 10 | | Department all building water systems. The building water | 11 | | systems shall be initially registered within 120 days after | 12 | | the effective date of this Act. The registration shall be | 13 | | collected on forms developed by the Department and shall | 14 | | include, but not be limited to: | 15 | | (1) the street address of the building in which the | 16 | | building water system is located, with a building | 17 | | identification number, if any; | 18 | | (2) the latitude and longitude of the location of the | 19 | | building water system; | 20 | | (3) the name, address, telephone number, and email | 21 | | address of the owner and operator of the building water | 22 | | system; | 23 | | (4) the name of the manufacturer of the building water | 24 | | system; | 25 | | (5) the model number, if applicable, of the building |
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| 1 | | water system; | 2 | | (6) the building water system volume, inclusive of all | 3 | | piping, basins, and sumps; | 4 | | (7) the intended use of the building water system; | 5 | | (8) a description of whether the building water system | 6 | | operates year-round or seasonally and, if seasonally, the | 7 | | start and end date of operation; | 8 | | (9) a description of whether building water system | 9 | | disinfection is maintained manually, through timed | 10 | | injection, or through continuous delivery; | 11 | | (10) a description of whether maintenance is performed | 12 | | by in-house personnel, by a contractor, or by a third | 13 | | party; if by a contractor or third party, the name, | 14 | | address, telephone number, and email address of the | 15 | | contractor or third party; | 16 | | (11) a description of whether any drift eliminators or | 17 | | controls are installed and operated; | 18 | | (12) the year the components of the building water | 19 | | system were placed into service; and | 20 | | (13) the type of disinfection. | 21 | | (b) A health care facility shall register with the | 22 | | Department in writing within 7 days after ownership of the | 23 | | building water system changes. | 24 | | (c) A health care facility shall report to the Department: | 25 | | (1) the date of the last Legionella culture sample | 26 | | collection, the analysis results, and the date of |
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| 1 | | remediation actions taken under this Act; | 2 | | (2) the date of removal or permanent discontinued use | 3 | | of components of the building water system, if applicable; | 4 | | and | 5 | | (3) any other information required by the Department. | 6 | | Section 60. Civil enforcement. The Department may impose | 7 | | administrative civil penalties for violations of this Act and | 8 | | rules adopted under this Act. The State's Attorney of the | 9 | | county in which the violation occurred, or the Attorney | 10 | | General, shall bring actions for collection of penalties | 11 | | imposed under this Section in the name of the People of the | 12 | | State of Illinois. The State's Attorney or Attorney General | 13 | | may, in addition to other remedies provided in this Act, bring | 14 | | an action (i) for an injunction to restrain the violation, | 15 | | (ii) to impose civil penalties if no penalty has been imposed | 16 | | by the Department, or (iii) to enjoin the operation of any such | 17 | | person or health care facility. | 18 | | Section 65. Civil penalties. Any person who violates any | 19 | | provision of this Act or any rule adopted under this Act shall, | 20 | | in addition to any other penalty provided in this Act, be | 21 | | subject to a civil penalty of $100 per day per violation. | 22 | | Section 70. Agents of the Department. The Department may | 23 | | designate a certified local health department as its agent for |
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| 1 | | purposes of carrying out this Act. An agent so designated may | 2 | | charge fees for costs associated with enforcing this Act. If | 3 | | the agent determines that it cannot perform an inspection | 4 | | under this Act, the Department shall perform the inspection | 5 | | and any applicable fees shall be payable to the Department and | 6 | | not to the agent. In no case shall fees be assessed by both the | 7 | | Department and an agent for the same service or activity. | 8 | | Section 75. The Illinois Procurement Code is amended by | 9 | | changing Section 1-10 as follows:
| 10 | | (30 ILCS 500/1-10)
| 11 | | Sec. 1-10. Application.
| 12 | | (a) This Code applies only to procurements for which | 13 | | bidders, offerors, potential contractors, or contractors were | 14 | | first
solicited on or after July 1, 1998. This Code shall not | 15 | | be construed to affect
or impair any contract, or any | 16 | | provision of a contract, entered into based on a
solicitation | 17 | | prior to the implementation date of this Code as described in
| 18 | | Article 99, including, but not limited to, any covenant | 19 | | entered into with respect
to any revenue bonds or similar | 20 | | instruments.
All procurements for which contracts are | 21 | | solicited between the effective date
of Articles 50 and 99 and | 22 | | July 1, 1998 shall be substantially in accordance
with this | 23 | | Code and its intent.
| 24 | | (b) This Code shall apply regardless of the source of the |
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| 1 | | funds with which
the contracts are paid, including federal | 2 | | assistance moneys. This
Code shall
not apply to:
| 3 | | (1) Contracts between the State and its political | 4 | | subdivisions or other
governments, or between State | 5 | | governmental bodies, except as specifically provided in | 6 | | this Code.
| 7 | | (2) Grants, except for the filing requirements of | 8 | | Section 20-80.
| 9 | | (3) Purchase of care, except as provided in Section | 10 | | 5-30.6 of the Illinois Public Aid
Code and this Section.
| 11 | | (4) Hiring of an individual as an employee and not as | 12 | | an independent
contractor, whether pursuant to an | 13 | | employment code or policy or by contract
directly with | 14 | | that individual.
| 15 | | (5) Collective bargaining contracts.
| 16 | | (6) Purchase of real estate, except that notice of | 17 | | this type of contract with a value of more than $25,000 | 18 | | must be published in the Procurement Bulletin within 10 | 19 | | calendar days after the deed is recorded in the county of | 20 | | jurisdiction. The notice shall identify the real estate | 21 | | purchased, the names of all parties to the contract, the | 22 | | value of the contract, and the effective date of the | 23 | | contract.
| 24 | | (7) Contracts necessary to prepare for anticipated | 25 | | litigation, enforcement
actions, or investigations, | 26 | | provided
that the chief legal counsel to the Governor |
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| 1 | | shall give his or her prior
approval when the procuring | 2 | | agency is one subject to the jurisdiction of the
Governor, | 3 | | and provided that the chief legal counsel of any other | 4 | | procuring
entity
subject to this Code shall give his or | 5 | | her prior approval when the procuring
entity is not one | 6 | | subject to the jurisdiction of the Governor.
| 7 | | (8) (Blank).
| 8 | | (9) Procurement expenditures by the Illinois | 9 | | Conservation Foundation
when only private funds are used.
| 10 | | (10) (Blank). | 11 | | (11) Public-private agreements entered into according | 12 | | to the procurement requirements of Section 20 of the | 13 | | Public-Private Partnerships for Transportation Act and | 14 | | design-build agreements entered into according to the | 15 | | procurement requirements of Section 25 of the | 16 | | Public-Private Partnerships for Transportation Act. | 17 | | (12) (A) Contracts for legal, financial, and other | 18 | | professional and artistic services entered into by the | 19 | | Illinois Finance Authority in which the State of Illinois | 20 | | is not obligated. Such contracts shall be awarded through | 21 | | a competitive process authorized by the members of the | 22 | | Illinois Finance Authority and are subject to Sections | 23 | | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | 24 | | as well as the final approval by the members of the | 25 | | Illinois Finance Authority of the terms of the contract. | 26 | | (B) Contracts for legal and financial services entered |
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| 1 | | into by the Illinois Housing Development Authority in | 2 | | connection with the issuance of bonds in which the State | 3 | | of Illinois is not obligated. Such contracts shall be | 4 | | awarded through a competitive process authorized by the | 5 | | members of the Illinois Housing Development Authority and | 6 | | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | 7 | | and 50-37 of this Code, as well as the final approval by | 8 | | the members of the Illinois Housing Development Authority | 9 | | of the terms of the contract. | 10 | | (13) Contracts for services, commodities, and | 11 | | equipment to support the delivery of timely forensic | 12 | | science services in consultation with and subject to the | 13 | | approval of the Chief Procurement Officer as provided in | 14 | | subsection (d) of Section 5-4-3a of the Unified Code of | 15 | | Corrections, except for the requirements of Sections | 16 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | 17 | | Code; however, the Chief Procurement Officer may, in | 18 | | writing with justification, waive any certification | 19 | | required under Article 50 of this Code. For any contracts | 20 | | for services which are currently provided by members of a | 21 | | collective bargaining agreement, the applicable terms of | 22 | | the collective bargaining agreement concerning | 23 | | subcontracting shall be followed. | 24 | | On and after January 1, 2019, this paragraph (13), | 25 | | except for this sentence, is inoperative. | 26 | | (14) Contracts for participation expenditures required |
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| 1 | | by a domestic or international trade show or exhibition of | 2 | | an exhibitor, member, or sponsor. | 3 | | (15) Contracts with a railroad or utility that | 4 | | requires the State to reimburse the railroad or utilities | 5 | | for the relocation of utilities for construction or other | 6 | | public purpose. Contracts included within this paragraph | 7 | | (15) shall include, but not be limited to, those | 8 | | associated with: relocations, crossings, installations, | 9 | | and maintenance. For the purposes of this paragraph (15), | 10 | | "railroad" means any form of non-highway ground | 11 | | transportation that runs on rails or electromagnetic | 12 | | guideways and "utility" means: (1) public utilities as | 13 | | defined in Section 3-105 of the Public Utilities Act, (2) | 14 | | telecommunications carriers as defined in Section 13-202 | 15 | | of the Public Utilities Act, (3) electric cooperatives as | 16 | | defined in Section 3.4 of the Electric Supplier Act, (4) | 17 | | telephone or telecommunications cooperatives as defined in | 18 | | Section 13-212 of the Public Utilities Act, (5) rural | 19 | | water or waste water systems with 10,000 connections or | 20 | | less, (6) a holder as defined in Section 21-201 of the | 21 | | Public Utilities Act, and (7) municipalities owning or | 22 | | operating utility systems consisting of public utilities | 23 | | as that term is defined in Section 11-117-2 of the | 24 | | Illinois Municipal Code. | 25 | | (16) Procurement expenditures necessary for the | 26 | | Department of Public Health to provide the delivery of |
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| 1 | | timely newborn screening services in accordance with the | 2 | | Newborn Metabolic Screening Act. | 3 | | (17) Procurement expenditures necessary for the | 4 | | Department of Agriculture, the Department of Financial and | 5 | | Professional Regulation, the Department of Human Services, | 6 | | and the Department of Public Health to implement the | 7 | | Compassionate Use of Medical Cannabis Program and Opioid | 8 | | Alternative Pilot Program requirements and ensure access | 9 | | to medical cannabis for patients with debilitating medical | 10 | | conditions in accordance with the Compassionate Use of | 11 | | Medical Cannabis Program Act. | 12 | | (18) This Code does not apply to any procurements | 13 | | necessary for the Department of Agriculture, the | 14 | | Department of Financial and Professional Regulation, the | 15 | | Department of Human Services, the Department of Commerce | 16 | | and Economic Opportunity, and the Department of Public | 17 | | Health to implement the Cannabis Regulation and Tax Act if | 18 | | the applicable agency has made a good faith determination | 19 | | that it is necessary and appropriate for the expenditure | 20 | | to fall within this exemption and if the process is | 21 | | conducted in a manner substantially in accordance with the | 22 | | requirements of Sections 20-160, 25-60, 30-22, 50-5, | 23 | | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | 24 | | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | 25 | | Section 50-35, compliance applies only to contracts or | 26 | | subcontracts over $100,000. Notice of each contract |
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| 1 | | entered into under this paragraph (18) that is related to | 2 | | the procurement of goods and services identified in | 3 | | paragraph (1) through (9) of this subsection shall be | 4 | | published in the Procurement Bulletin within 14 calendar | 5 | | days after contract execution. The Chief Procurement | 6 | | Officer shall prescribe the form and content of the | 7 | | notice. Each agency shall provide the Chief Procurement | 8 | | Officer, on a monthly basis, in the form and content | 9 | | prescribed by the Chief Procurement Officer, a report of | 10 | | contracts that are related to the procurement of goods and | 11 | | services identified in this subsection. At a minimum, this | 12 | | report shall include the name of the contractor, a | 13 | | description of the supply or service provided, the total | 14 | | amount of the contract, the term of the contract, and the | 15 | | exception to this Code utilized. A copy of any or all of | 16 | | these contracts shall be made available to the Chief | 17 | | Procurement Officer immediately upon request. The Chief | 18 | | Procurement Officer shall submit a report to the Governor | 19 | | and General Assembly no later than November 1 of each year | 20 | | that includes, at a minimum, an annual summary of the | 21 | | monthly information reported to the Chief Procurement | 22 | | Officer. This exemption becomes inoperative 5 years after | 23 | | June 25, 2019 (the effective date of Public Act 101-27). | 24 | | (19) Acquisition of modifications or adjustments, | 25 | | limited to assistive technology devices and assistive | 26 | | technology services, adaptive equipment, repairs, and |
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| 1 | | replacement parts to provide reasonable accommodations (i) | 2 | | that enable a qualified applicant with a disability to | 3 | | complete the job application process and be considered for | 4 | | the position such qualified applicant desires, (ii) that | 5 | | modify or adjust the work environment to enable a | 6 | | qualified current employee with a disability to perform | 7 | | the essential functions of the position held by that | 8 | | employee, (iii) to enable a qualified current employee | 9 | | with a disability to enjoy equal benefits and privileges | 10 | | of employment as are enjoyed by other similarly situated | 11 | | employees without disabilities, and (iv) that allow a | 12 | | customer, client, claimant, or member of the public | 13 | | seeking State services full use and enjoyment of and | 14 | | access to its programs, services, or benefits. | 15 | | (20) Procurement expenditures necessary for the | 16 | | Department of Public Health to respond to an infectious | 17 | | disease outbreak, including, but not limited to, | 18 | | laboratory testing and environmental health investigation | 19 | | supplies. | 20 | | (21) Procurement expenditures necessary for a State | 21 | | agency's facility to implement control recommendations | 22 | | provided by the Department of Public Health in response to | 23 | | an infectious disease outbreak, including, but not limited | 24 | | to, plumbing, construction, or consultants to mitigate | 25 | | environmental health hazards. | 26 | | For purposes of this paragraph (19): |
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| 1 | | "Assistive technology devices" means any item, piece | 2 | | of equipment, or product system, whether acquired | 3 | | commercially off the shelf, modified, or customized, that | 4 | | is used to increase, maintain, or improve functional | 5 | | capabilities of individuals with disabilities. | 6 | | "Assistive technology services" means any service that | 7 | | directly assists an individual with a disability in | 8 | | selection, acquisition, or use of an assistive technology | 9 | | device. | 10 | | "Qualified" has the same meaning and use as provided | 11 | | under the federal Americans with Disabilities Act when | 12 | | describing an individual with a disability. | 13 | | (20) Procurement expenditures necessary for the
| 14 | | Illinois Commerce Commission to hire third-party
| 15 | | facilitators pursuant to Sections 16-105.17 and
16-108.18 | 16 | | of the Public Utilities Act or an ombudsman pursuant to | 17 | | Section 16-107.5 of the Public Utilities Act, a | 18 | | facilitator pursuant to Section 16-105.17 of the Public | 19 | | Utilities Act, or a grid auditor pursuant to Section | 20 | | 16-105.10 of the Public Utilities Act. | 21 | | (21) Procurement expenditures for the purchase, | 22 | | renewal, and expansion of software, software licenses, or | 23 | | software maintenance agreements that support the efforts | 24 | | of the Illinois State Police to enforce, regulate, and | 25 | | administer the Firearm Owners Identification Card Act, the | 26 | | Firearm Concealed Carry Act, the Firearms Restraining |
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| 1 | | Order Act, the Firearm Dealer License Certification Act, | 2 | | the Law Enforcement Agencies Data System (LEADS), the | 3 | | Uniform Crime Reporting Act, the Criminal Identification | 4 | | Act, the Uniform Conviction Information Act, and the Gun | 5 | | Trafficking Information Act, or establish or maintain | 6 | | record management systems necessary to conduct human | 7 | | trafficking investigations or gun trafficking or other | 8 | | stolen firearm investigations. This paragraph (21) applies | 9 | | to contracts entered into on or after the effective date | 10 | | of this amendatory Act of the 102nd General Assembly and | 11 | | the renewal of contracts that are in effect on the | 12 | | effective date of this amendatory Act of the 102nd General | 13 | | Assembly. | 14 | | Notwithstanding any other provision of law, for contracts | 15 | | with an annual value of more than $100,000 entered into on or | 16 | | after October 1, 2017 under an exemption provided in any | 17 | | paragraph of this subsection (b), except paragraph (1), (2), | 18 | | or (5), each State agency shall post to the appropriate | 19 | | procurement bulletin the name of the contractor, a description | 20 | | of the supply or service provided, the total amount of the | 21 | | contract, the term of the contract, and the exception to the | 22 | | Code utilized. The chief procurement officer shall submit a | 23 | | report to the Governor and General Assembly no later than | 24 | | November 1 of each year that shall include, at a minimum, an | 25 | | annual summary of the monthly information reported to the | 26 | | chief procurement officer. |
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| 1 | | (c) This Code does not apply to the electric power | 2 | | procurement process provided for under Section 1-75 of the | 3 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 4 | | Utilities Act. | 5 | | (d) Except for Section 20-160 and Article 50 of this Code, | 6 | | and as expressly required by Section 9.1 of the Illinois | 7 | | Lottery Law, the provisions of this Code do not apply to the | 8 | | procurement process provided for under Section 9.1 of the | 9 | | Illinois Lottery Law. | 10 | | (e) This Code does not apply to the process used by the | 11 | | Capital Development Board to retain a person or entity to | 12 | | assist the Capital Development Board with its duties related | 13 | | to the determination of costs of a clean coal SNG brownfield | 14 | | facility, as defined by Section 1-10 of the Illinois Power | 15 | | Agency Act, as required in subsection (h-3) of Section 9-220 | 16 | | of the Public Utilities Act, including calculating the range | 17 | | of capital costs, the range of operating and maintenance | 18 | | costs, or the sequestration costs or monitoring the | 19 | | construction of clean coal SNG brownfield facility for the | 20 | | full duration of construction. | 21 | | (f) (Blank). | 22 | | (g) (Blank). | 23 | | (h) This Code does not apply to the process to procure or | 24 | | contracts entered into in accordance with Sections 11-5.2 and | 25 | | 11-5.3 of the Illinois Public Aid Code. | 26 | | (i) Each chief procurement officer may access records |
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| 1 | | necessary to review whether a contract, purchase, or other | 2 | | expenditure is or is not subject to the provisions of this | 3 | | Code, unless such records would be subject to attorney-client | 4 | | privilege. | 5 | | (j) This Code does not apply to the process used by the | 6 | | Capital Development Board to retain an artist or work or works | 7 | | of art as required in Section 14 of the Capital Development | 8 | | Board Act. | 9 | | (k) This Code does not apply to the process to procure | 10 | | contracts, or contracts entered into, by the State Board of | 11 | | Elections or the State Electoral Board for hearing officers | 12 | | appointed pursuant to the Election Code. | 13 | | (l) This Code does not apply to the processes used by the | 14 | | Illinois Student Assistance Commission to procure supplies and | 15 | | services paid for from the private funds of the Illinois | 16 | | Prepaid Tuition Fund. As used in this subsection (l), "private | 17 | | funds" means funds derived from deposits paid into the | 18 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | 19 | | (m) This Code shall apply regardless of the source of | 20 | | funds with which contracts are paid, including federal | 21 | | assistance moneys. Except as specifically provided in this | 22 | | Code, this Code shall not apply to procurement expenditures | 23 | | necessary for the Department of Public Health to conduct the | 24 | | Healthy Illinois Survey in accordance with Section 2310-431 of | 25 | | the Department of Public Health Powers and Duties Law of the | 26 | | Civil Administrative Code of Illinois. |
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| 1 | | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | 2 | | 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff | 3 | | 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, | 4 | | eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; | 5 | | 102-1116, eff. 1-10-23.)
| 6 | | Section 80. The State Finance Act is amended by adding | 7 | | Section 5.990 as follows: | 8 | | (30 ILCS 105/5.990 new) | 9 | | Sec. 5.990. The Water Quality Assurance Fund.
| 10 | | Section 99. Effective date. This Act takes effect January | 11 | | 1, 2024.
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