Full Text of HB3122 102nd General Assembly
HB3122 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3122 Introduced 2/19/2021, by Rep. Edgar Gonzalez, Jr. SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Plumbing License Law. Provides that each park district, municipal park and recreation agency, or special recreation agency shall test each source of potable water in a park that serves children under 6 years old for lead contamination. Provides requirements for testing and notification. Provides requirements for requests seeking waiver of testing. Provides that the owner or operator of a community water system may agree to pay for the cost of the laboratory analysis of the test samples.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Plumbing License Law is amended by | 5 | | changing Section 35.5 as follows: | 6 | | (225 ILCS 320/35.5) | 7 | | Sec. 35.5. Lead in drinking water prevention. | 8 | | (a) The General Assembly finds that lead has been detected | 9 | | in the drinking water of schools in this State. The General | 10 | | Assembly also finds that infants and young children may suffer | 11 | | adverse health effects and developmental delays as a result of | 12 | | exposure to even low levels of lead. The General Assembly | 13 | | further finds that it is in the best interests of the people of | 14 | | the State to require school districts or chief school | 15 | | administrators, or the designee of the school district or | 16 | | chief school administrator, to test for lead in drinking water | 17 | | in school buildings and provide written notification of the | 18 | | test results. | 19 | | The purpose of this Section is to require (i) school | 20 | | districts or chief school administrators, or the designees of | 21 | | the school districts or chief school administrators, to test | 22 | | for lead with the goal of providing school building occupants | 23 | | with an adequate supply of safe, potable water; and (ii) |
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| 1 | | school districts or chief school administrators, or the | 2 | | designees of the school districts or chief school | 3 | | administrators, to notify the parents and legal guardians of | 4 | | enrolled students of the sampling results from their | 5 | | respective school buildings. | 6 | | (b) For the purposes of this Section: | 7 | | "Community water system" has the meaning provided in 35 | 8 | | Ill. Adm. Code 611.101. | 9 | | "School building" means any facility or portion thereof | 10 | | that was constructed on or before January 1, 2000 and may be | 11 | | occupied by more than 10 children or students, | 12 | | pre-kindergarten through grade 5, under the control of (a) a | 13 | | school district or (b) a public, private, charter, or | 14 | | nonpublic day or residential educational institution. | 15 | | "Source of potable water" means the point at which | 16 | | non-bottled water that may be ingested by children or used for | 17 | | food preparation exits any tap, faucet, drinking fountain, | 18 | | wash basin in a classroom occupied by children or students | 19 | | under grade 1, or similar point of use; provided, however, | 20 | | that all (a) bathroom sinks and (b) wash basins used by | 21 | | janitorial staff are excluded from this definition. | 22 | | (c) Each school district or chief school administrator, or | 23 | | the designee of each school district or chief school | 24 | | administrator, shall test each source of potable water in a | 25 | | school building for lead contamination as required in this | 26 | | subsection. |
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| 1 | | (1) Each school district or chief school | 2 | | administrator, or the designee of each school district or | 3 | | chief school administrator, shall, at a minimum, (a) | 4 | | collect a first-draw 250 milliliter sample of water, (b) | 5 | | flush for 30 seconds, and (c) collect a second-draw 250 | 6 | | milliliter sample from each source of potable water | 7 | | located at each corresponding school building; provided, | 8 | | however, that to the extent that multiple sources of | 9 | | potable water utilize the same drain, (i) the foregoing | 10 | | collection protocol is required for one such source of | 11 | | potable water, and (ii) only a first-draw 250 milliliter | 12 | | sample of water is required from the remaining such | 13 | | sources of potable water. The water corresponding to the | 14 | | first-draw 250 milliliter sample from each source of | 15 | | potable water shall have been standing in the plumbing | 16 | | pipes for at least 8 hours, but not more than 18 hours, | 17 | | without any flushing of the source of potable water before | 18 | | sample collection. | 19 | | (2) Each school district or chief school | 20 | | administrator, or the designee of each school district or | 21 | | chief school administrator, shall arrange to have the | 22 | | samples it collects pursuant to subdivision (1) of this | 23 | | subsection submitted to a laboratory that is certified for | 24 | | the analysis of lead in drinking water in accordance with | 25 | | accreditation requirements developed by a national | 26 | | laboratory accreditation body, such as the National |
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| 1 | | Environmental Laboratory Accreditation Conference (NELAC) | 2 | | Institute (TNI). Samples submitted to laboratories | 3 | | pursuant to this subdivision (2) shall be analyzed for | 4 | | lead using one of the test methods for lead that is | 5 | | described in 40 CFR 141.23(k)(1). Within 7 days after | 6 | | receiving a final analytical result concerning a sample | 7 | | collected pursuant to subdivision (1) of this subsection, | 8 | | the school district or chief school administrator, or a | 9 | | designee of the school district or chief school | 10 | | administrator, that collected the sample shall provide the | 11 | | final analytical result to the Department. | 12 | | (3) If any of the samples taken in the school exceed 5 | 13 | | parts per billion, the school district or chief school | 14 | | administrator, or the designee of the school district or | 15 | | chief school administrator, shall promptly provide an | 16 | | individual notification of the sampling results, via | 17 | | written or electronic communication, to the parents or | 18 | | legal guardians of all enrolled students and include the | 19 | | following information: the corresponding sampling location | 20 | | within the school building and the United States | 21 | | Environmental Protection Agency's website for information | 22 | | about lead in drinking water. If any of the samples taken | 23 | | at the school are at or below 5 parts per billion, | 24 | | notification may be made as provided in this paragraph or | 25 | | by posting on the school's website. | 26 | | (4) Sampling and analysis required under this Section |
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| 1 | | shall be completed by the following applicable deadlines: | 2 | | for school buildings constructed prior to January 1, 1987, | 3 | | by December 31, 2017; and for school buildings constructed | 4 | | between January 2, 1987 and January 1, 2000, by December | 5 | | 31, 2018. | 6 | | (5) A school district or chief school administrator, | 7 | | or the designee of the school district or chief school | 8 | | administrator, may seek a waiver of the requirements of | 9 | | this subsection from the Department, if (A) the school | 10 | | district or chief school administrator, or the designee of | 11 | | the school district or chief school administrator, | 12 | | collected at least one 250 milliliter or greater sample of | 13 | | water from each source of potable water that had been | 14 | | standing in the plumbing pipes for at least 6 hours and | 15 | | that was collected without flushing the source of potable | 16 | | water before collection, (B) a laboratory described in | 17 | | subdivision (2) of this subsection analyzed the samples in | 18 | | accordance with a test method described in that | 19 | | subdivision, (C) test results were obtained prior to the | 20 | | effective date of this amendatory Act of the 99th General | 21 | | Assembly, but after January 1, 2013, and (D) test results | 22 | | were submitted to the Department within 120 days of the | 23 | | effective date of this amendatory Act of the 99th General | 24 | | Assembly. | 25 | | (6) The owner or operator of a community water system | 26 | | may agree to pay for the cost of the laboratory analysis of |
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| 1 | | the samples required under this Section and may utilize | 2 | | the lead hazard cost recovery fee under Section 11-150.1-1 | 3 | | of the Illinois Municipal Code or other available funds to | 4 | | defray said costs. | 5 | | (7) Lead sampling results obtained shall not be used | 6 | | for purposes of determining compliance with the Board's | 7 | | rules that implement the national primary drinking water | 8 | | regulations for lead and copper. | 9 | | (c-5) Each park district, municipal park and recreation | 10 | | agency, or special recreation agency, or its designee, shall | 11 | | test each source of potable water in each of its parks that | 12 | | serve children under 6 years old for lead contamination as | 13 | | required in this subsection according to the following | 14 | | requirements: | 15 | | (1) At a minimum, (i) collect a first-draw 250 | 16 | | milliliter sample of water, (ii) flush for 30 seconds, and | 17 | | (iii) collect a second-draw 250 milliliter sample from | 18 | | each source of potable water located at each corresponding | 19 | | park. However, to the extent that multiple sources of | 20 | | potable water utilize the same drain, the foregoing | 21 | | collection protocol is required for one such source of | 22 | | potable water, and only a first-draw 250 milliliter sample | 23 | | of water is required from the remaining such sources of | 24 | | potable water. The water corresponding to the first-draw | 25 | | 250 milliliter sample from each source of potable water | 26 | | shall have been standing in the plumbing pipes for at |
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| 1 | | least 8 hours, but not more than 18 hours, without any | 2 | | flushing of the source of potable water before sample | 3 | | collection. | 4 | | (2) Arrange to have the samples it collects under | 5 | | paragraph (1) submitted to a laboratory that is certified | 6 | | for the analysis of lead in drinking water in accordance | 7 | | with accreditation requirements developed by a national | 8 | | laboratory accreditation body, such as The National | 9 | | Environmental Laboratory Accreditation Conference (NELAC) | 10 | | Institute (TNI). Samples submitted to laboratories under | 11 | | this paragraph (2) shall be analyzed for lead using one of | 12 | | the test methods for lead that is described in 40 CFR | 13 | | 141.23(k)(1). Within 7 days after receiving a final | 14 | | analytical result concerning a sample collected under | 15 | | paragraph (1), the park district, municipal park and | 16 | | recreation agency, or special recreation agency, or its | 17 | | designee, that collected the sample shall provide the | 18 | | final analytical result to the Department. | 19 | | (3) If any of the samples taken under subsection (1) | 20 | | exceed 5 parts per billion, the park district, municipal | 21 | | park and recreation agency, or special recreation agency, | 22 | | or its designee, shall promptly provide notification of | 23 | | the sampling results, via a publication circulated in the | 24 | | county where the park district, municipal park and | 25 | | recreation agency, or special recreation agency is located | 26 | | and, if applicable, on its website and include the |
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| 1 | | following information (i) the corresponding sampling | 2 | | location within the park, and (ii) the United States | 3 | | Environmental Protection Agency's website for information | 4 | | about lead in drinking water. If any of the samples taken | 5 | | by the park district, municipal park and recreation | 6 | | agency, or special recreation agency are at or below 5 | 7 | | parts per billion, notification may be made by posting on | 8 | | its website. | 9 | | (4) Sampling and analysis required under this | 10 | | subsection shall be completed by the following applicable | 11 | | deadlines: for parks constructed prior to January 1, 1987, | 12 | | by December 31, 2023; and for parks constructed between | 13 | | January 2, 1987 and January 1, 2000, by December 31, 2024. | 14 | | (5) A park district, municipal park and recreation | 15 | | agency, or special recreation agency, or its designee, may | 16 | | seek a waiver of the requirements of this subsection from | 17 | | the Department, if: (i) the park district, municipal park | 18 | | and recreation agency, or special recreation agency, or | 19 | | the designee of the park district, municipal park and | 20 | | recreation agency, or special recreation agency, collected | 21 | | at least one 250 milliliter or greater sample of water | 22 | | from each source of potable water that had been standing | 23 | | in the plumbing pipes for at least 6 hours and that was | 24 | | collected without flushing the source of potable water | 25 | | before collection; (ii) a laboratory described in | 26 | | paragraph (2) analyzed the samples in accordance with a |
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| 1 | | test method described in that paragraph; (iii) test | 2 | | results were obtained prior to the effective date of this | 3 | | amendatory Act of the 102nd General Assembly, but after | 4 | | January 1, 2019; and (iv) test results were submitted to | 5 | | the Department within 120 days after the effective date of | 6 | | this amendatory Act of the 102nd General Assembly. | 7 | | (6) The owner or operator of a community water system | 8 | | may agree to pay for the cost of the laboratory analysis of | 9 | | the samples required under this subsection and may utilize | 10 | | the lead hazard cost recovery fee under Section 11-150.1-1 | 11 | | of the Illinois Municipal Code or other available funds to | 12 | | defray said costs. | 13 | | (7) Lead sampling results obtained shall not be used | 14 | | for determining compliance with the Board's rules | 15 | | implementing the national primary drinking water | 16 | | regulations for lead and copper (the Lead and Copper Rule, | 17 | | 40 CFR Part 141, Subpart I). | 18 | | (d) By no later than June 30, 2019, the Department shall | 19 | | determine whether it is necessary and appropriate to protect | 20 | | public health to require schools constructed in whole or in | 21 | | part after January 1, 2000 to conduct testing for lead from | 22 | | sources of potable water, taking into account, among other | 23 | | relevant information, the results of testing conducted | 24 | | pursuant to this Section. | 25 | | (e) Within 90 days of the effective date of this | 26 | | amendatory Act of the 99th General Assembly, the Department |
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| 1 | | shall post on its website guidance on mitigation actions for | 2 | | lead in drinking water, and ongoing water management | 3 | | practices, in schools. In preparing such guidance, the | 4 | | Department may, in part, reference the United States | 5 | | Environmental Protection Agency's 3Ts for Reducing Lead in | 6 | | Drinking Water in Schools.
| 7 | | (Source: P.A. 99-922, eff. 1-17-17; 100-103, eff. 8-11-17.)
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