101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1270

 

Introduced 2/6/2019, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 320/35.5

    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.


LRB101 00245 LNS 45249 b

 

 

A BILL FOR

 

SB1270LRB101 00245 LNS 45249 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Plumbing License Law is amended by
5changing 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
9in the drinking water of schools in this State. The General
10Assembly also finds that infants and young children may suffer
11adverse health effects and developmental delays as a result of
12exposure to even low levels of lead. The General Assembly
13further finds that it is in the best interests of the people of
14the State to require school districts or chief school
15administrators, or the designee of the school district or chief
16school administrator, to test for lead in drinking water in
17school buildings and provide written notification of the test
18results.
19    The purpose of this Section is to require (i) school
20districts or chief school administrators, or the designees of
21the school districts or chief school administrators, to test
22for lead with the goal of providing school building occupants
23with an adequate supply of safe, potable water; and (ii) school

 

 

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1districts or chief school administrators, or the designees of
2the school districts or chief school administrators, to notify
3the parents and legal guardians of enrolled students of the
4sampling results from their respective school buildings.
5    (b) For the purposes of this Section:
6    "Community water system" has the meaning provided in 35
7Ill. Adm. Code 611.101.
8    "School building" means any facility or portion thereof
9that was constructed on or before January 1, 2000 and may be
10occupied by more than 10 children or students, pre-kindergarten
11through grade 5, under the control of (a) a school district or
12(b) a public, private, charter, or nonpublic day or residential
13educational institution.
14    "Source of potable water" means the point at which
15non-bottled water that may be ingested by children or used for
16food preparation exits any tap, faucet, drinking fountain, wash
17basin in a classroom occupied by children or students under
18grade 1, or similar point of use; provided, however, that all
19(a) bathroom sinks and (b) wash basins used by janitorial staff
20are excluded from this definition.
21    (c) Each school district or chief school administrator, or
22the designee of each school district or chief school
23administrator, shall test each source of potable water in a
24school building for lead contamination as required in this
25subsection.
26        (1) Each school district or chief school

 

 

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1    administrator, or the designee of each school district or
2    chief school administrator, shall, at a minimum, (a)
3    collect a first-draw 250 milliliter sample of water, (b)
4    flush for 30 seconds, and (c) collect a second-draw 250
5    milliliter sample from each source of potable water located
6    at each corresponding school building; provided, however,
7    that to the extent that multiple sources of potable water
8    utilize the same drain, (i) the foregoing collection
9    protocol is required for one such source of potable water,
10    and (ii) only a first-draw 250 milliliter sample of water
11    is required from the remaining such sources of potable
12    water. The water corresponding to the first-draw 250
13    milliliter sample from each source of potable water shall
14    have been standing in the plumbing pipes for at least 8
15    hours, but not more than 18 hours, without any flushing of
16    the source of potable water before sample collection.
17        (2) Each school district or chief school
18    administrator, or the designee of each school district or
19    chief school administrator, shall arrange to have the
20    samples it collects pursuant to subdivision (1) of this
21    subsection submitted to a laboratory that is certified for
22    the analysis of lead in drinking water in accordance with
23    accreditation requirements developed by a national
24    laboratory accreditation body, such as the National
25    Environmental Laboratory Accreditation Conference (NELAC)
26    Institute (TNI). Samples submitted to laboratories

 

 

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1    pursuant to this subdivision (2) shall be analyzed for lead
2    using one of the test methods for lead that is described in
3    40 CFR 141.23(k)(1). Within 7 days after receiving a final
4    analytical result concerning a sample collected pursuant
5    to subdivision (1) of this subsection, the school district
6    or chief school administrator, or a designee of the school
7    district or chief school administrator, that collected the
8    sample shall provide the final analytical result to the
9    Department.
10        (3) If any of the samples taken in the school exceed 5
11    parts per billion, the school district or chief school
12    administrator, or the designee of the school district or
13    chief school administrator, shall promptly provide an
14    individual notification of the sampling results, via
15    written or electronic communication, to the parents or
16    legal guardians of all enrolled students and include the
17    following information: the corresponding sampling location
18    within the school building and the United States
19    Environmental Protection Agency's website for information
20    about lead in drinking water. If any of the samples taken
21    at the school are at or below 5 parts per billion,
22    notification may be made as provided in this paragraph or
23    by posting on the school's website.
24        (4) Sampling and analysis required under this Section
25    shall be completed by the following applicable deadlines:
26    for school buildings constructed prior to January 1, 1987,

 

 

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1    by December 31, 2017; and for school buildings constructed
2    between January 2, 1987 and January 1, 2000, by December
3    31, 2018.
4        (5) A school district or chief school administrator, or
5    the designee of the school district or chief school
6    administrator, may seek a waiver of the requirements of
7    this subsection from the Department, if (A) the school
8    district or chief school administrator, or the designee of
9    the school district or chief school administrator,
10    collected at least one 250 milliliter or greater sample of
11    water from each source of potable water that had been
12    standing in the plumbing pipes for at least 6 hours and
13    that was collected without flushing the source of potable
14    water before collection, (B) a laboratory described in
15    subdivision (2) of this subsection analyzed the samples in
16    accordance with a test method described in that
17    subdivision, (C) test results were obtained prior to the
18    effective date of this amendatory Act of the 99th General
19    Assembly, but after January 1, 2013, and (D) test results
20    were submitted to the Department within 120 days of the
21    effective date of this amendatory Act of the 99th General
22    Assembly.
23        (6) The owner or operator of a community water system
24    may agree to pay for the cost of the laboratory analysis of
25    the samples required under this Section and may utilize the
26    lead hazard cost recovery fee under Section 11-150.1-1 of

 

 

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1    the Illinois Municipal Code or other available funds to
2    defray said costs.
3        (7) Lead sampling results obtained shall not be used
4    for purposes of determining compliance with the Board's
5    rules that implement the national primary drinking water
6    regulations for lead and copper.
7    (c-5) Each park district, municipal park and recreation
8agency, or special recreation agency, or its designee, shall
9test each source of potable water in each of its parks that
10serve children under 6 years old for lead contamination as
11required in this subsection according to the following
12requirements:
13        (1) At a minimum, (i) collect a first-draw 250
14    milliliter sample of water, (ii) flush for 30 seconds, and
15    (iii) collect a second-draw 250 milliliter sample from each
16    source of potable water located at each corresponding park.
17    However, to the extent that multiple sources of potable
18    water utilize the same drain, the foregoing collection
19    protocol is required for one such source of potable water,
20    and only a first-draw 250 milliliter sample of water is
21    required from the remaining such sources of potable water.
22    The water corresponding to the first-draw 250 milliliter
23    sample from each source of potable water shall have been
24    standing in the plumbing pipes for at least 8 hours, but
25    not more than 18 hours, without any flushing of the source
26    of potable water before sample collection.

 

 

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1        (2) Arrange to have the samples it collects under
2    paragraph (1) submitted to a laboratory that is certified
3    for the analysis of lead in drinking water in accordance
4    with accreditation requirements developed by a national
5    laboratory accreditation body, such as The National
6    Environmental Laboratory Accreditation Conference (NELAC)
7    Institute (TNI). Samples submitted to laboratories under
8    this paragraph (2) shall be analyzed for lead using one of
9    the test methods for lead that is described in 40 CFR
10    141.23(k)(1). Within 7 days after receiving a final
11    analytical result concerning a sample collected under
12    paragraph (1), the park district, municipal park and
13    recreation agency, or special recreation agency, or its
14    designee, that collected the sample shall provide the final
15    analytical result to the Department.
16        (3) If any of the samples taken under subsection (1)
17    exceed 5 parts per billion, the park district, municipal
18    park and recreation agency, or special recreation agency,
19    or its designee, shall promptly provide notification of the
20    sampling results, via a publication circulated in the
21    county where the park district, municipal park and
22    recreation agency, or special recreation agency is located
23    and, if applicable, on its website and include the
24    following information (i) the corresponding sampling
25    location within the park, and (ii) the United States
26    Environmental Protection Agency's website for information

 

 

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1    about lead in drinking water. If any of the samples taken
2    by the park district, municipal park and recreation agency,
3    or special recreation agency are at or below 5 parts per
4    billion, notification may be made by posting on its
5    website.
6        (4) Sampling and analysis required under this
7    subsection shall be completed by the following applicable
8    deadlines: for parks constructed prior to January 1, 1987,
9    by December 31, 2021; and for parks constructed between
10    January 2, 1987 and January 1, 2000, by December 31, 2022.
11        (5) A park district, municipal park and recreation
12    agency, or special recreation agency, or its designee, may
13    seek a waiver of the requirements of this subsection from
14    the Department, if: (i) the park district, municipal park
15    and recreation agency, or special recreation agency, or the
16    designee of the park district, municipal park and
17    recreation agency, or special recreation agency, collected
18    at least one 250 milliliter or greater sample of water from
19    each source of potable water that had been standing in the
20    plumbing pipes for at least 6 hours and that was collected
21    without flushing the source of potable water before
22    collection; (ii) a laboratory described in paragraph (2)
23    analyzed the samples in accordance with a test method
24    described in that paragraph; (iii) test results were
25    obtained prior to the effective date of this amendatory Act
26    of the 101st General Assembly, but after January 1, 2017;

 

 

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1    and (iv) test results were submitted to the Department
2    within 120 days after the effective date of this amendatory
3    Act of the 101st General Assembly.
4        (6) The owner or operator of a community water system
5    may agree to pay for the cost of the laboratory analysis of
6    the samples required under this subsection and may utilize
7    the lead hazard cost recovery fee under Section 11-150.1-1
8    of the Illinois Municipal Code or other available funds to
9    defray said costs.
10        (7) Lead sampling results obtained shall not be used
11    for determining compliance with the Board's rules
12    implementing the national primary drinking water
13    regulations for lead and copper (the Lead and Copper Rule,
14    40 C.F.R. Part 141, Subpart I).
15    (d) By no later than June 30, 2019, the Department shall
16determine whether it is necessary and appropriate to protect
17public health to require schools constructed in whole or in
18part after January 1, 2000 to conduct testing for lead from
19sources of potable water, taking into account, among other
20relevant information, the results of testing conducted
21pursuant to this Section.
22    (e) Within 90 days of the effective date of this amendatory
23Act of the 99th General Assembly, the Department shall post on
24its website guidance on mitigation actions for lead in drinking
25water, and ongoing water management practices, in schools. In
26preparing such guidance, the Department may, in part, reference

 

 

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1the United States Environmental Protection Agency's 3Ts for
2Reducing Lead in Drinking Water in Schools.
3(Source: P.A. 99-922, eff. 1-17-17; 100-103, eff. 8-11-17.)