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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4752 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
| | | Amends the Environmental Protection Act. Allows the Illinois Environmental Protection Agency to grant a community water supply an initial extension of the lead service line replacement timeline for a period of a time that is equal to not more than 30% (rather than not more than 20%) of the original lead service line replacement timeline. |
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| | A BILL FOR |
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1 | | AN ACT concerning safety.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Environmental Protection Act is amended by |
5 | | changing Section 17.12 as follows:
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6 | | (415 ILCS 5/17.12) |
7 | | Sec. 17.12. Lead service line replacement and |
8 | | notification. |
9 | | (a) The purpose of this Act is to: (1) require the owners |
10 | | and operators of community water supplies to develop, |
11 | | implement, and maintain a comprehensive water service line |
12 | | material inventory and a comprehensive lead service line |
13 | | replacement plan, provide notice to occupants of potentially |
14 | | affected buildings before any construction or repair work on |
15 | | water mains or lead service lines, and request access to |
16 | | potentially affected buildings before replacing lead service |
17 | | lines; and (2) prohibit partial lead service line |
18 | | replacements, except as authorized within this Section. |
19 | | (b) The General Assembly finds and declares that: |
20 | | (1) There is no safe level of exposure to heavy metal |
21 | | lead, as found by the United States Environmental |
22 | | Protection Agency and the Centers for Disease Control and |
23 | | Prevention. |
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1 | | (2) Lead service lines can convey this harmful |
2 | | substance to the drinking water supply. |
3 | | (3) According to the Illinois Environmental Protection |
4 | | Agency's 2018 Service Line Material Inventory, the State |
5 | | of Illinois is estimated to have over 680,000 lead-based |
6 | | service lines still in operation. |
7 | | (4) The true number of lead service lines is not fully |
8 | | known because Illinois lacks an adequate inventory of lead |
9 | | service lines. |
10 | | (5) For the general health, safety , and welfare of its |
11 | | residents, all lead service lines in Illinois should be |
12 | | disconnected from the drinking water supply, and the |
13 | | State's drinking water supply. |
14 | | (c) In this Section: |
15 | | "Advisory Board" means the Lead Service Line Replacement |
16 | | Advisory Board created under subsection (x). |
17 | | "Community water supply" has the meaning ascribed to it in |
18 | | Section 3.145 of this Act. |
19 | | "Department" means the Department of Public Health. |
20 | | "Emergency repair" means any unscheduled water main, water |
21 | | service, or water valve repair or replacement that results |
22 | | from failure or accident. |
23 | | "Fund" means the Lead Service Line Replacement Fund |
24 | | created under subsection (bb). |
25 | | "Lead service line" means a service line made of lead or |
26 | | service line connected to a lead pigtail, lead gooseneck, or |
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1 | | other lead fitting. |
2 | | "Material inventory" means a water service line material |
3 | | inventory developed by a community water supply under this |
4 | | Act. |
5 | | "Non-community water supply" has the meaning ascribed to |
6 | | it in Section 3.145 of the Environmental Protection Act. |
7 | | "NSF/ANSI Standard" means a water treatment standard |
8 | | developed by NSF International. |
9 | | "Partial lead service line replacement" means replacement |
10 | | of only a portion of a lead service line. |
11 | | "Potentially affected building" means any building that is |
12 | | provided water service through a service line that is either a |
13 | | lead service line or a suspected lead service line. |
14 | | "Public water supply" has the meaning ascribed to it in |
15 | | Section 3.365 of this Act. |
16 | | "Service line" means the piping, tubing, and necessary |
17 | | appurtenances acting as a conduit from the water main or |
18 | | source of potable water supply to the building plumbing at the |
19 | | first shut-off valve or 18 inches inside the building, |
20 | | whichever is shorter. |
21 | | "Suspected lead service line" means a service line that a |
22 | | community water supply finds more likely than not to be made of |
23 | | lead after completing the requirements under paragraphs (2) |
24 | | through (5) of subsection (h). |
25 | | "Small system" means a community water supply that |
26 | | regularly serves water to 3,300 or fewer persons. |
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1 | | (d) An owner or operator of a community water supply |
2 | | shall: |
3 | | (1) develop an initial material inventory by April 15, |
4 | | 2022 and electronically submit by April 15, 2023 an |
5 | | updated material inventory electronically to the Agency; |
6 | | and |
7 | | (2) deliver a complete material inventory to the |
8 | | Agency no later than April 15, 2024, or such time as |
9 | | required by federal law, whichever is sooner. The complete |
10 | | inventory shall report the composition of all service |
11 | | lines in the community water supply's distribution system. |
12 | | (e) The Agency shall review and approve the final material |
13 | | inventory submitted to it under subsection (d). |
14 | | (f) If a community water supply does not submit a complete |
15 | | inventory to the Agency by April 15, 2024 under paragraph (2) |
16 | | of subsection (d), the community water supply may apply for an |
17 | | extension to the Agency no less than 3 months prior to the due |
18 | | date. The Agency shall develop criteria for granting material |
19 | | inventory extensions. When considering requests for extension, |
20 | | the Agency shall, at a minimum, consider: |
21 | | (1) the number of service connections in a water |
22 | | supply; and |
23 | | (2) the number of service lines of an unknown material |
24 | | composition. |
25 | | (g) A material inventory prepared for a community water |
26 | | supply under subsection (d) shall identify: |
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1 | | (1) the total number of service lines connected to the |
2 | | community water supply's distribution system; |
3 | | (2) the materials of construction of each service line |
4 | | connected to the community water supply's distribution |
5 | | system; |
6 | | (3) the number of suspected lead service lines that |
7 | | were newly identified in the material inventory for the |
8 | | community water supply after the community water supply |
9 | | last submitted a service line inventory to the Agency; and |
10 | | (4) the number of suspected or known lead service |
11 | | lines that were replaced after the community water supply |
12 | | last submitted a service line inventory to the Agency, and |
13 | | the material of the service line that replaced each lead |
14 | | service line. |
15 | | When identifying the materials of construction under |
16 | | paragraph (2) of this subsection, the owner or operator of the |
17 | | community water supply shall to the best of the owner's or |
18 | | operator's ability identify the type of construction material |
19 | | used on the customer's side of the curb box, meter, or other |
20 | | line of demarcation and the community water supply's side of |
21 | | the curb box, meter, or other line of demarcation. |
22 | | (h) In completing a material inventory under subsection |
23 | | (d), the owner or operator of a community water supply shall: |
24 | | (1) prioritize inspections of high-risk areas |
25 | | identified by the community water supply and inspections |
26 | | of high-risk facilities, such as preschools, day care |
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1 | | centers, day care homes, group day care homes, parks, |
2 | | playgrounds, hospitals, and clinics, and confirm service |
3 | | line materials in those areas and at those facilities; |
4 | | (2) review historical documentation, such as |
5 | | construction logs or cards, as-built drawings, purchase |
6 | | orders, and subdivision plans, to determine service line |
7 | | material construction; |
8 | | (3) when conducting distribution system maintenance, |
9 | | visually inspect service lines and document materials of |
10 | | construction; |
11 | | (4) identify any time period when the service lines |
12 | | being connected to its distribution system were primarily |
13 | | lead service lines, if such a time period is known or |
14 | | suspected; and |
15 | | (5) discuss service line repair and installation with |
16 | | its employees, contractors, plumbers, other workers who |
17 | | worked on service lines connected to its distribution |
18 | | system, or all of the above. |
19 | | (i) The owner or operator of each community water supply |
20 | | shall maintain records of persons who refuse to grant access |
21 | | to the interior of a building for purposes of identifying the |
22 | | materials of construction of a service line. If a community |
23 | | water supply has been denied access on the property or to the |
24 | | interior of a building for that reason, then the community |
25 | | water supply shall attempt to identify the service line as a |
26 | | suspected lead service line, unless documentation is provided |
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1 | | showing otherwise. |
2 | | (j) If a community water supply identifies a lead service |
3 | | line connected to a building, the owner or operator of the |
4 | | community water supply shall attempt to notify the owner of |
5 | | the building and all occupants of the building of the |
6 | | existence of the lead service line within 15 days after |
7 | | identifying the lead service line, or as soon as is reasonably |
8 | | possible thereafter. Individual written notice shall be given |
9 | | according to the provisions of subsection (jj). |
10 | | (k) An owner or operator of a community water supply has no |
11 | | duty to include in the material inventory required under |
12 | | subsection (d) information about service lines that are |
13 | | physically disconnected from a water main in its distribution |
14 | | system. |
15 | | (l) The owner or operator of each community water supply |
16 | | shall post on its website a copy of the most recently submitted |
17 | | material inventory or alternatively may request that the |
18 | | Agency post a copy of that material inventory on the Agency's |
19 | | website. |
20 | | (m) Nothing in this Section shall be construed to require |
21 | | service lines to be unearthed for the sole purpose of |
22 | | inventorying. |
23 | | (n) When an owner or operator of a community water supply |
24 | | awards a contract under this Section, the owner or operator |
25 | | shall make a good faith effort to use contractors and vendors |
26 | | owned by minority persons, women, and persons with a |
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1 | | disability, as those terms are defined in Section 2 of the |
2 | | Business Enterprise for Minorities, Women, and Persons with |
3 | | Disabilities Act, for not less than 20% of the total |
4 | | contracts, provided that: |
5 | | (1) contracts representing at least 11% of the total |
6 | | projects shall be awarded to minority-owned businesses, as |
7 | | defined in Section 2 of the Business Enterprise for |
8 | | Minorities, Women, and Persons with Disabilities Act; |
9 | | (2) contracts representing at least 7% of the total |
10 | | projects shall be awarded to women-owned businesses, as |
11 | | defined in Section 2 of the Business Enterprise for |
12 | | Minorities, Women, and Persons with Disabilities Act; and |
13 | | (3) contracts representing at least 2% of the total |
14 | | projects shall be awarded to businesses owned by persons |
15 | | with a disability. |
16 | | Owners or operators of a community water supply are |
17 | | encouraged to divide projects, whenever economically feasible, |
18 | | into contracts of smaller size that ensure small business |
19 | | contractors or vendors shall have the ability to qualify in |
20 | | the applicable bidding process, when determining the ability |
21 | | to deliver on a given contract based on scope and size, as a |
22 | | responsible and responsive bidder. |
23 | | When a contractor or vendor submits a bid or letter of |
24 | | intent in response to a request for proposal or other bid |
25 | | submission, the contractor or vendor shall include with its |
26 | | responsive documents a utilization plan that shall address how |
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1 | | compliance with applicable good faith requirements set forth |
2 | | in this subsection shall be addressed. |
3 | | Under this subsection, "good faith effort" means a |
4 | | community water supply has taken all necessary steps to comply |
5 | | with the goals of this subsection by complying with the |
6 | | following: |
7 | | (1) Soliciting through reasonable and available means |
8 | | the interest of a business, as defined in Section 2 of the |
9 | | Business Enterprise for Minorities, Women, and Persons |
10 | | with Disabilities Act, that have the capability to perform |
11 | | the work of the contract. The community water supply must |
12 | | solicit this interest within sufficient time to allow |
13 | | certified businesses to respond. |
14 | | (2) Providing interested certified businesses with |
15 | | adequate information about the plans, specifications, and |
16 | | requirements of the contract, including addenda, in a |
17 | | timely manner to assist them in responding to the |
18 | | solicitation. |
19 | | (3) Meeting in good faith with interested certified |
20 | | businesses that have submitted bids. |
21 | | (4) Effectively using the services of the State, |
22 | | minority or women community organizations, minority or |
23 | | women contractor groups, local, State, and federal |
24 | | minority or women business assistance offices, and other |
25 | | organizations to provide assistance in the recruitment and |
26 | | placement of certified businesses. |
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1 | | (5) Making efforts to use appropriate forums for |
2 | | purposes of advertising subcontracting opportunities |
3 | | suitable for certified businesses. |
4 | | The diversity goals defined in this subsection can be met |
5 | | through direct award to diverse contractors and through the |
6 | | use of diverse subcontractors and diverse vendors to |
7 | | contracts. |
8 | | (o) An owner or operator of a community water supply shall |
9 | | collect data necessary to ensure compliance with subsection |
10 | | (n) no less than semi-annually and shall include progress |
11 | | toward compliance of subsection (n) in the owner or operator's |
12 | | report required under subsection (t-5). The report must |
13 | | include data on vendor and employee diversity, including data |
14 | | on the owner's or operator's implementation of subsection (n). |
15 | | (p) Every owner or operator of a community water supply |
16 | | that has known or suspected lead service lines shall: |
17 | | (1) create a plan to: |
18 | | (A) replace each lead service line connected to |
19 | | its distribution system; and |
20 | | (B) replace each galvanized service line connected |
21 | | to its distribution system, if the galvanized service |
22 | | line is or was connected downstream to lead piping; |
23 | | and |
24 | | (2) electronically submit, by April 15, 2024 its |
25 | | initial lead service line replacement plan to the Agency; |
26 | | (3) electronically submit by April 15 of each year |
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1 | | after 2024 until April 15, 2027 an updated lead service |
2 | | line replacement plan to the Agency for review; the |
3 | | updated replacement plan shall account for changes in the |
4 | | number of lead service lines or unknown service lines in |
5 | | the material inventory described in subsection (d); |
6 | | (4) electronically submit by April 15, 2027 a complete |
7 | | and final replacement plan to the Agency for approval; the |
8 | | complete and final replacement plan shall account for all |
9 | | known and suspected lead service lines documented in the |
10 | | final material inventory described under paragraph (3) of |
11 | | subsection (d); and |
12 | | (5) post on its website a copy of the plan most |
13 | | recently submitted to the Agency or may request that the |
14 | | Agency post a copy of that plan on the Agency's website. |
15 | | (q) Each plan required under paragraph (1) of subsection |
16 | | (p) shall include the following: |
17 | | (1) the name and identification number of the |
18 | | community water supply; |
19 | | (2) the total number of service lines connected to the |
20 | | distribution system of the community water supply; |
21 | | (3) the total number of suspected lead service lines |
22 | | connected to the distribution system of the community |
23 | | water supply; |
24 | | (4) the total number of known lead service lines |
25 | | connected to the distribution system of the community |
26 | | water supply; |
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1 | | (5) the total number of lead service lines connected |
2 | | to the distribution system of the community water supply |
3 | | that have been replaced each year beginning in 2020; |
4 | | (6) a proposed lead service line replacement schedule |
5 | | that includes one-year, 5-year, 10-year, 15-year, 20-year, |
6 | | 25-year, and 30-year goals; |
7 | | (7) an analysis of costs and financing options for |
8 | | replacing the lead service lines connected to the |
9 | | community water supply's distribution system, which shall |
10 | | include, but shall not be limited to: |
11 | | (A) a detailed accounting of costs associated with |
12 | | replacing lead service lines and galvanized lines that |
13 | | are or were connected downstream to lead piping; |
14 | | (B) measures to address affordability and prevent |
15 | | service shut-offs for customers or ratepayers; and |
16 | | (C) consideration of different scenarios for |
17 | | structuring payments between the utility and its |
18 | | customers over time; and |
19 | | (8) a plan for prioritizing high-risk facilities, such |
20 | | as preschools, day care centers, day care homes, group day |
21 | | care homes, parks, playgrounds, hospitals, and clinics, as |
22 | | well as high-risk areas identified by the community water |
23 | | supply; |
24 | | (9) a map of the areas where lead service lines are |
25 | | expected to be found and the sequence with which those |
26 | | areas will be inventoried and lead service lines replaced; |
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1 | | (10) measures for how the community water supply will |
2 | | inform the public of the plan and provide opportunity for |
3 | | public comment; and |
4 | | (11) measures to encourage diversity in hiring in the |
5 | | workforce required to implement the plan as identified |
6 | | under subsection (n). |
7 | | (r) The Agency shall review final plans submitted to it |
8 | | under subsection (p). The Agency shall approve a final plan if |
9 | | the final plan includes all of the elements set forth under |
10 | | subsection (q) and the Agency determines that: |
11 | | (1) the proposed lead service line replacement |
12 | | schedule set forth in the plan aligns with the timeline |
13 | | requirements set forth under subsection (v); |
14 | | (2) the plan prioritizes the replacement of lead |
15 | | service lines that provide water service to high-risk |
16 | | facilities, such as preschools, day care centers, day care |
17 | | homes, group day care homes, parks, playgrounds, |
18 | | hospitals, and clinics, and high-risk areas identified by |
19 | | the community water supply; |
20 | | (3) the plan includes analysis of cost and financing |
21 | | options; and |
22 | | (4) the plan provides documentation of public review. |
23 | | (s) An owner or operator of a community water supply has no |
24 | | duty to include in the plans required under subsection (p) |
25 | | information about service lines that are physically |
26 | | disconnected from a water main in its distribution system. |
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1 | | (t) If a community water supply does not deliver a |
2 | | complete plan to the Agency by April 15, 2027, the community |
3 | | water supply may apply to the Agency for an extension no less |
4 | | than 3 months prior to the due date. The Agency shall develop |
5 | | criteria for granting plan extensions. When considering |
6 | | requests for extension, the Agency shall, at a minimum, |
7 | | consider: |
8 | | (1) the number of service connections in a water |
9 | | supply; and |
10 | | (2) the number of service lines of an unknown material |
11 | | composition. |
12 | | (t-5) After the Agency has approved the final replacement |
13 | | plan described in subsection (p), the owner or operator of a |
14 | | community water supply shall submit a report detailing |
15 | | progress toward plan goals to the Agency for its review. The |
16 | | report shall be submitted annually for the first 10 years, and |
17 | | every 3 years thereafter until all lead service lines have |
18 | | been replaced. Reports under this subsection shall be |
19 | | published in the same manner described in subsection (l). The |
20 | | report shall include at least the following information as it |
21 | | pertains to the preceding reporting period: |
22 | | (1) The number of lead service lines replaced and the |
23 | | average cost of lead service line replacement. |
24 | | (2) Progress toward meeting hiring requirements as |
25 | | described in subsection (n) and subsection (o). |
26 | | (3) The percent of customers electing a waiver |
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1 | | offered, as described in subsections (ii) and (jj), among |
2 | | those customers receiving a request or notification to |
3 | | perform a lead service line replacement. |
4 | | (4) The method or methods used by the community water |
5 | | supply to finance lead service line replacement. |
6 | | (u) Notwithstanding any other provision of law, in order |
7 | | to provide for costs associated with lead service line |
8 | | remediation and replacement, the corporate authorities of a |
9 | | municipality may, by ordinance or resolution by the corporate |
10 | | authorities, exercise authority provided in Section 27-5 et |
11 | | seq. of the Property Tax Code and Sections 8-3-1, 8-11-1, |
12 | | 8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq., |
13 | | 11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes |
14 | | levied for this purpose shall be in addition to taxes for |
15 | | general purposes authorized under Section 8-3-1 of the |
16 | | Illinois Municipal Code and shall be included in the taxing |
17 | | district's aggregate extension for the purposes of Division 5 |
18 | | of Article 18 of the Property Tax Code. |
19 | | (v) Every owner or operator of a community water supply |
20 | | shall replace all known lead service lines, subject to the |
21 | | requirements of subsection (ff), according to the following |
22 | | replacement rates and timelines to be calculated from the date |
23 | | of submission of the final replacement plan to the Agency: |
24 | | (1) A community water supply reporting 1,200 or fewer |
25 | | lead service lines in its final inventory and replacement |
26 | | plan shall replace all lead service lines, at an annual |
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1 | | rate of no less than 7% of the amount described in the |
2 | | final inventory, with a timeline of up to 15 years for |
3 | | completion. |
4 | | (2) A community water supply reporting more than 1,200 |
5 | | but fewer than 5,000 lead service lines in its final |
6 | | inventory and replacement plan shall replace all lead |
7 | | service lines, at an annual rate of no less than 6% of the |
8 | | amount described in the final inventory, with a timeline |
9 | | of up to 17 years for completion. |
10 | | (3) A community water supply reporting more than 4,999 |
11 | | but fewer than 10,000 lead service lines in its final |
12 | | inventory and replacement plan shall replace all lead |
13 | | service lines, at an annual rate of no less than 5% of the |
14 | | amount described in the final inventory, with a timeline |
15 | | of up to 20 years for completion. |
16 | | (4) A community water supply reporting more than 9,999 |
17 | | but fewer than 99,999 lead service lines in its final |
18 | | inventory and replacement plan shall replace all lead |
19 | | service lines, at an annual rate of no less than 3% of the |
20 | | amount described in the final inventory, with a timeline |
21 | | of up to 34 years for completion. |
22 | | (5) A community water supply reporting more than |
23 | | 99,999 lead service lines in its final inventory and |
24 | | replacement plan shall replace all lead service lines, at |
25 | | an annual rate of no less than 2% of the amount described |
26 | | in the final inventory, with a timeline of up to 50 years |
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1 | | for completion. |
2 | | (w) A community water supply may apply to the Agency for an |
3 | | extension to the replacement timelines described in paragraphs |
4 | | (1) through (5) of subsection (v). The Agency shall develop |
5 | | criteria for granting replacement timeline extensions. When |
6 | | considering requests for timeline extensions, the Agency |
7 | | shall, at a minimum, consider: |
8 | | (1) the number of service connections in a water |
9 | | supply; and |
10 | | (2) unusual circumstances creating hardship for a |
11 | | community. |
12 | | The Agency may grant one extension of additional time |
13 | | equal to not more than 30% 20% of the original replacement |
14 | | timeline, except in situations of extreme hardship in which |
15 | | the Agency may consider a second additional extension equal to |
16 | | not more than 10% of the original replacement timeline. |
17 | | Replacement rates and timelines shall be calculated from |
18 | | the date of submission of the final plan to the Agency. |
19 | | (x) The Lead Service Line Replacement Advisory Board is |
20 | | created within the Agency. The Advisory Board shall convene |
21 | | within 120 days after January 1, 2022 (the effective date of |
22 | | Public Act 102-613). |
23 | | The Advisory Board shall consist of at least 28 voting |
24 | | members, as follows: |
25 | | (1) the Director of the Agency, or his or her |
26 | | designee, who shall serve as chairperson; |
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1 | | (2) the Director of Revenue, or his or her designee; |
2 | | (3) the Director of Public Health, or his or her |
3 | | designee; |
4 | | (4) fifteen members appointed by the Agency as |
5 | | follows: |
6 | | (A) one member representing a statewide |
7 | | organization of municipalities as authorized by |
8 | | Section 1-8-1 of the Illinois Municipal Code; |
9 | | (B) two members who are mayors representing |
10 | | municipalities located in any county south of the |
11 | | southernmost county represented by one of the 10 |
12 | | largest municipalities in Illinois by population, or |
13 | | their respective designees; |
14 | | (C) two members who are representatives from |
15 | | public health advocacy groups; |
16 | | (D) two members who are representatives from |
17 | | publicly owned publicly-owned water utilities; |
18 | | (E) one member who is a representative from a |
19 | | public utility as defined under Section 3-105 of the |
20 | | Public Utilities Act that provides water service in |
21 | | the State of Illinois; |
22 | | (F) one member who is a research professional |
23 | | employed at an Illinois academic institution and |
24 | | specializing in water infrastructure research; |
25 | | (G) two members who are representatives from |
26 | | nonprofit civic organizations; |
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1 | | (H) one member who is a representative from a |
2 | | statewide organization representing environmental |
3 | | organizations; |
4 | | (I) two members who are representatives from |
5 | | organized labor; and |
6 | | (J) one member representing an environmental |
7 | | justice organization; and |
8 | | (5) ten members who are the mayors of the 10 largest |
9 | | municipalities in Illinois by population, or their |
10 | | respective designees. |
11 | | No less than 10 of the 28 voting members shall be persons |
12 | | of color, and no less than 3 shall represent communities |
13 | | defined or self-identified as environmental justice |
14 | | communities. |
15 | | Advisory Board members shall serve without compensation, |
16 | | but may be reimbursed for necessary expenses incurred in the |
17 | | performance of their duties from funds appropriated for that |
18 | | purpose. The Agency shall provide administrative support to |
19 | | the Advisory Board. |
20 | | The Advisory Board shall meet no less than once every 6 |
21 | | months. |
22 | | (y) The Advisory Board shall have, at a minimum, the |
23 | | following duties: |
24 | | (1) advising the Agency on best practices in lead |
25 | | service line replacement; |
26 | | (2) reviewing the progress of community water supplies |
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1 | | toward lead service line replacement goals; |
2 | | (3) advising the Agency on other matters related to |
3 | | the administration of the provisions of this Section; |
4 | | (4) advising the Agency on the integration of existing |
5 | | lead service line replacement plans with any statewide |
6 | | plan; and |
7 | | (5) providing technical support and practical |
8 | | expertise in general. |
9 | | (z) Within 18 months after January 1, 2022 (the effective |
10 | | date of Public Act 102-613), the Advisory Board shall deliver |
11 | | a report of its recommendations to the Governor and the |
12 | | General Assembly concerning opportunities for dedicated, |
13 | | long-term revenue options for funding lead service line |
14 | | replacement. In submitting recommendations, the Advisory Board |
15 | | shall consider, at a minimum, the following: |
16 | | (1) the sufficiency of various revenue sources to |
17 | | adequately fund replacement of all lead service lines in |
18 | | Illinois; |
19 | | (2) the financial burden, if any, on households |
20 | | falling below 150% of the federal poverty limit; |
21 | | (3) revenue options that guarantee low-income |
22 | | households are protected from rate increases; |
23 | | (4) an assessment of the ability of community water |
24 | | supplies to assess and collect revenue; |
25 | | (5) variations in financial resources among individual |
26 | | households within a service area; and |
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1 | | (6) the protection of low-income households from rate |
2 | | increases. |
3 | | (aa) Within 10 years after January 1, 2022 (the effective |
4 | | date of Public Act 102-613), the Advisory Board shall prepare |
5 | | and deliver a report to the Governor and General Assembly |
6 | | concerning the status of all lead service line replacement |
7 | | within the State. |
8 | | (bb) The Lead Service Line Replacement Fund is created as |
9 | | a special fund in the State treasury to be used by the Agency |
10 | | for the purposes provided under this Section. The Fund shall |
11 | | be used exclusively to finance and administer programs and |
12 | | activities specified under this Section and listed under this |
13 | | subsection. |
14 | | The objective of the Fund is to finance activities |
15 | | associated with identifying and replacing lead service lines, |
16 | | build Agency capacity to oversee the provisions of this |
17 | | Section, and provide related assistance for the activities |
18 | | listed under this subsection. |
19 | | The Agency shall be responsible for the administration of |
20 | | the Fund and shall allocate moneys on the basis of priorities |
21 | | established by the Agency through administrative rule. On July |
22 | | 1, 2022 and on July 1 of each year thereafter, the Agency shall |
23 | | determine the available amount of resources in the Fund that |
24 | | can be allocated to the activities identified under this |
25 | | Section and shall allocate the moneys accordingly. |
26 | | Notwithstanding any other law to the contrary, the Lead |
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1 | | Service Line Replacement Fund is not subject to sweeps, |
2 | | administrative charge-backs, or any other fiscal maneuver that |
3 | | would in any way transfer any amounts from the Lead Service |
4 | | Line Replacement Fund into any other fund of the State. |
5 | | (cc) Within one year after January 1, 2022 (the effective |
6 | | date of Public Act 102-613), the Agency shall design rules for |
7 | | a program for the purpose of administering lead service line |
8 | | replacement funds. The rules must, at minimum, contain: |
9 | | (1) the process by which community water supplies may |
10 | | apply for funding; and |
11 | | (2) the criteria for determining unit of local |
12 | | government eligibility and prioritization for funding, |
13 | | including the prevalence of low-income households, as |
14 | | measured by median household income, the prevalence of |
15 | | lead service lines, and the prevalence of water samples |
16 | | that demonstrate elevated levels of lead. |
17 | | (dd) Funding under subsection (cc) shall be available for |
18 | | costs directly attributable to the planning, design, or |
19 | | construction directly related to the replacement of lead |
20 | | service lines and restoration of property. |
21 | | Funding shall not be used for the general operating |
22 | | expenses of a municipality or community water supply. |
23 | | (ee) An owner or operator of any community water supply |
24 | | receiving grant funding under subsection (cc) shall bear the |
25 | | entire expense of full lead service line replacement for all |
26 | | lead service lines in the scope of the grant. |
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1 | | (ff) When replacing a lead service line, the owner or |
2 | | operator of the community water supply shall replace the |
3 | | service line in its entirety, including, but not limited to, |
4 | | any portion of the service line (i) running on private |
5 | | property and (ii) within the building's plumbing at the first |
6 | | shut-off valve. Partial lead service line replacements are |
7 | | expressly prohibited. Exceptions shall be made under the |
8 | | following circumstances: |
9 | | (1) In the event of an emergency repair that affects a |
10 | | lead service line or a suspected lead service line, a |
11 | | community water supply must contact the building owner to |
12 | | begin the process of replacing the entire service line. If |
13 | | the building owner is not able to be contacted or the |
14 | | building owner or occupant refuses to grant access and |
15 | | permission to replace the entire service line at the time |
16 | | of the emergency repair, then the community water supply |
17 | | may perform a partial lead service line replacement. Where |
18 | | an emergency repair on a service line constructed of lead |
19 | | or galvanized steel pipe results in a partial service line |
20 | | replacement, the water supply responsible for commencing |
21 | | the repair shall perform the following: |
22 | | (A) Notify the building's owner or operator and |
23 | | the resident or residents served by the lead service |
24 | | line in writing that a repair has been completed. The |
25 | | notification shall include, at a minimum: |
26 | | (i) a warning that the work may result in |
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1 | | sediment, possibly containing lead, in the |
2 | | building's buildings water supply system; |
3 | | (ii) information concerning practices for |
4 | | preventing the consumption of any lead in drinking |
5 | | water, including a recommendation to flush water |
6 | | distribution pipe during and after the completion |
7 | | of the repair or replacement work and to clean |
8 | | faucet aerator screens; and |
9 | | (iii) information regarding the dangers of |
10 | | lead to young children and pregnant women. |
11 | | (B) Provide filters for at least one fixture |
12 | | supplying potable water for consumption. The filter |
13 | | must be certified by an accredited third-party |
14 | | certification body to NSF/ANSI 53 and NSF/ANSI 42 for |
15 | | the reduction of lead and particulate. The filter must |
16 | | be provided until such time that the remaining |
17 | | portions of the service line have been replaced with a |
18 | | material approved by the Department or a waiver has |
19 | | been issued under subsection (ii). |
20 | | (C) Replace the remaining portion of the lead |
21 | | service line within 30 days of the repair, or 120 days |
22 | | in the event of weather or other circumstances beyond |
23 | | reasonable control that prohibits construction. If a |
24 | | complete lead service line replacement cannot be made |
25 | | within the required period, the community water supply |
26 | | responsible for commencing the repair shall notify the |
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1 | | Department in writing, at a minimum, of the following |
2 | | within 24 hours of the repair: |
3 | | (i) an explanation of why it is not feasible |
4 | | to replace the remaining portion of the lead |
5 | | service line within the allotted time; and |
6 | | (ii) a timeline for when the remaining portion |
7 | | of the lead service line will be replaced. |
8 | | (D) If complete repair of a lead service line |
9 | | cannot be completed due to denial by the property |
10 | | owner, the community water supply commencing the |
11 | | repair shall request the affected property owner to |
12 | | sign a waiver developed by the Department. If a |
13 | | property owner of a nonresidential building or |
14 | | residence operating as rental properties denies a |
15 | | complete lead service line replacement, the property |
16 | | owner shall be responsible for installing and |
17 | | maintaining point-of-use filters certified by an |
18 | | accredited third-party certification body to NSF/ANSI |
19 | | 53 and NSF/ANSI 42 for the reduction of lead and |
20 | | particulate at all fixtures intended to supply water |
21 | | for the purposes of drinking, food preparation, or |
22 | | making baby formula. The filters shall continue to be |
23 | | supplied by the property owner until such time that |
24 | | the property owner has affected the remaining portions |
25 | | of the lead service line to be replaced. |
26 | | (E) Document any remaining lead service line, |
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1 | | including a portion on the private side of the |
2 | | property, in the community water supply's distribution |
3 | | system materials inventory required under subsection |
4 | | (d). |
5 | | For the purposes of this paragraph (1), written notice |
6 | | shall be provided in the method and according to the |
7 | | provisions of subsection (jj). |
8 | | (2) Lead service lines that are physically |
9 | | disconnected from the distribution system are exempt from |
10 | | this subsection. |
11 | | (gg) Except as provided in subsection (hh), on and after |
12 | | January 1, 2022, when the owner or operator of a community |
13 | | water supply replaces a water main, the community water supply |
14 | | shall identify all lead service lines connected to the water |
15 | | main and shall replace the lead service lines by: |
16 | | (1) identifying the material or materials of each lead |
17 | | service line connected to the water main, including, but |
18 | | not limited to, any portion of the service line (i) |
19 | | running on private property and (ii) within the building |
20 | | plumbing at the first shut-off valve or 18 inches inside |
21 | | the building, whichever is shorter; |
22 | | (2) in conjunction with replacement of the water main, |
23 | | replacing any and all portions of each lead service line |
24 | | connected to the water main that are composed of lead; and |
25 | | (3) if a property owner or customer refuses to grant |
26 | | access to the property, following prescribed notice |
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1 | | provisions as outlined in subsection (ff). |
2 | | If an owner of a potentially affected building intends to |
3 | | replace a portion of a lead service line or a galvanized |
4 | | service line and the galvanized service line is or was |
5 | | connected downstream to lead piping, then the owner of the |
6 | | potentially affected building shall provide the owner or |
7 | | operator of the community water supply with notice at least 45 |
8 | | days before commencing the work. In the case of an emergency |
9 | | repair, the owner of the potentially affected building must |
10 | | provide filters for each kitchen area that are certified by an |
11 | | accredited third-party certification body to NSF/ANSI 53 and |
12 | | NSF/ANSI 42 for the reduction of lead and particulate. If the |
13 | | owner of the potentially affected building notifies the owner |
14 | | or operator of the community water supply that replacement of |
15 | | a portion of the lead service line after the emergency repair |
16 | | is completed, then the owner or operator of the community |
17 | | water supply shall replace the remainder of the lead service |
18 | | line within 30 days after completion of the emergency repair. |
19 | | A community water supply may take up to 120 days if necessary |
20 | | due to weather conditions. If a replacement takes longer than |
21 | | 30 days, filters provided by the owner of the potentially |
22 | | affected building must be replaced in accordance with the |
23 | | manufacturer's recommendations. Partial lead service line |
24 | | replacements by the owners of potentially affected buildings |
25 | | are otherwise prohibited. |
26 | | (hh) For municipalities with a population in excess of |
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1 | | 1,000,000 inhabitants, the requirements of subsection (gg) |
2 | | shall commence on January 1, 2023. |
3 | | (ii) At least 45 days before conducting planned lead |
4 | | service line replacement, the owner or operator of a community |
5 | | water supply shall, by mail, attempt to contact the owner of |
6 | | the potentially affected building serviced by the lead service |
7 | | line to request access to the building and permission to |
8 | | replace the lead service line in accordance with the lead |
9 | | service line replacement plan. If the owner of the potentially |
10 | | affected building does not respond to the request within 15 |
11 | | days after the request is sent, the owner or operator of the |
12 | | community water supply shall attempt to post the request on |
13 | | the entrance of the potentially affected building. |
14 | | If the owner or operator of a community water supply is |
15 | | unable to obtain approval to access and replace a lead service |
16 | | line, the owner or operator of the community water supply |
17 | | shall request that the owner of the potentially affected |
18 | | building sign a waiver. The waiver shall be developed by the |
19 | | Department and should be made available in the owner's |
20 | | language. If the owner of the potentially affected building |
21 | | refuses to sign the waiver or fails to respond to the community |
22 | | water supply after the community water supply has complied |
23 | | with this subsection, then the community water supply shall |
24 | | notify the Department in writing within 15 working days. |
25 | | (jj) When replacing a lead service line or repairing or |
26 | | replacing water mains with lead service lines or partial lead |
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1 | | service lines attached to them, the owner or operator of a |
2 | | community water supply shall provide the owner of each |
3 | | potentially affected building that is serviced by the affected |
4 | | lead service lines or partial lead service lines, as well as |
5 | | the occupants of those buildings, with an individual written |
6 | | notice. The notice shall be delivered by mail or posted at the |
7 | | primary entranceway of the building. The notice must, in |
8 | | addition, be electronically mailed where an electronic mailing |
9 | | address is known or can be reasonably obtained. Written notice |
10 | | shall include, at a minimum, the following: |
11 | | (1) a warning that the work may result in sediment, |
12 | | possibly containing lead from the service line, in the |
13 | | building's water; |
14 | | (2) information concerning the best practices for |
15 | | preventing exposure to or risk of consumption of lead in |
16 | | drinking water, including a recommendation to flush water |
17 | | lines during and after the completion of the repair or |
18 | | replacement work and to clean faucet aerator screens; and |
19 | | (3) information regarding the dangers of lead exposure |
20 | | to young children and pregnant women. |
21 | | When the individual written notice described in the first |
22 | | paragraph of this subsection is required as a result of |
23 | | planned work other than the repair or replacement of a water |
24 | | meter, the owner or operator of the community water supply |
25 | | shall provide the notice not less than 14 days before work |
26 | | begins. When the individual written notice described in the |
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1 | | first paragraph of this subsection is required as a result of |
2 | | emergency repairs other than the repair or replacement of a |
3 | | water meter, the owner or operator of the community water |
4 | | supply shall provide the notice at the time the work is |
5 | | initiated. When the individual written notice described in the |
6 | | first paragraph of this subsection is required as a result of |
7 | | the repair or replacement of a water meter, the owner or |
8 | | operator of the community water supply shall provide the |
9 | | notice at the time the work is initiated. |
10 | | The notifications required under this subsection must |
11 | | contain the following statement in Spanish, Polish, Chinese, |
12 | | Tagalog, Arabic, Korean, German, Urdu, and Gujarati: "This |
13 | | notice contains important information about your water service |
14 | | and may affect your rights. We encourage you to have this |
15 | | notice translated in full into a language you understand and |
16 | | before you make any decisions that may be required under this |
17 | | notice." |
18 | | An owner or operator of a community water supply that is |
19 | | required under this subsection to provide an individual |
20 | | written notice to the owner and occupant of a potentially |
21 | | affected building that is a multi-dwelling building may |
22 | | satisfy that requirement and the requirements of this |
23 | | subsection regarding notification to non-English speaking |
24 | | customers by posting the required notice on the primary |
25 | | entranceway of the building and at the location where the |
26 | | occupant's mail is delivered as reasonably as possible. |
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1 | | When this subsection would require the owner or operator |
2 | | of a community water supply to provide an individual written |
3 | | notice to the entire community served by the community water |
4 | | supply or would require the owner or operator of a community |
5 | | water supply to provide individual written notices as a result |
6 | | of emergency repairs or when the community water supply that |
7 | | is required to comply with this subsection is a small system, |
8 | | the owner or operator of the community water supply may |
9 | | provide the required notice through local media outlets, |
10 | | social media, or other similar means in lieu of providing the |
11 | | individual written notices otherwise required under this |
12 | | subsection. |
13 | | No notifications are required under this subsection for |
14 | | work performed on water mains that are used to transmit |
15 | | treated water between community water supplies and properties |
16 | | that have no service connections. |
17 | | (kk) No community water supply that sells water to any |
18 | | wholesale or retail consecutive community water supply may |
19 | | pass on any costs associated with compliance with this Section |
20 | | to consecutive systems. |
21 | | (ll) To the extent allowed by law, when a community water |
22 | | supply replaces or installs a lead service line in a public |
23 | | right-of-way or enters into an agreement with a private |
24 | | contractor for replacement or installation of a lead service |
25 | | line, the community water supply shall be held harmless for |
26 | | all damage to property when replacing or installing the lead |
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1 | | service line. If dangers are encountered that prevent the |
2 | | replacement of the lead service line, the community water |
3 | | supply shall notify the Department within 15 working days of |
4 | | why the replacement of the lead service line could not be |
5 | | accomplished. |
6 | | (mm) The Agency may propose to the Board, and the Board may |
7 | | adopt, any rules necessary to implement and administer this |
8 | | Section. The Department may adopt rules necessary to address |
9 | | lead service lines attached to non-community water supplies. |
10 | | (nn) Notwithstanding any other provision in this Section, |
11 | | no requirement in this Section shall be construed as being |
12 | | less stringent than existing applicable federal requirements. |
13 | | (oo) All lead service line replacements financed in whole |
14 | | or in part with funds obtained under this Section shall be |
15 | | considered public works for purposes of the Prevailing Wage |
16 | | Act. |
17 | | (pp) Beginning in 2023, each municipality with a |
18 | | population of more than 1,000,000 inhabitants shall publicly |
19 | | post on its website data describing progress the municipality |
20 | | has made toward replacing lead service lines within the |
21 | | municipality. The data required to be posted under this |
22 | | subsection shall be the same information required to be |
23 | | reported under paragraphs (1) through (4) of subsection (t-5) |
24 | | of this Section. Beginning in 2024, each municipality that is |
25 | | subject to this subsection shall annually update the data |
26 | | posted on its website under this subsection. A municipality's |