Rep. Sonya M. Harper

Filed: 1/9/2017

 

 


 

 


 
09900SB0550ham003LRB099 03301 MJP 52249 a

1
AMENDMENT TO SENATE BILL 550

2    AMENDMENT NO. ______. Amend Senate Bill 550, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Municipal Code is amended by
6adding Division 150.1 to Article 11 as follows:
 
7    (65 ILCS 5/Art. 11 Div. 150.1 heading new)
8
DIVISION 150.1. LEAD HAZARD COST RECOVERY FEE

 
9    (65 ILCS 5/11-150.1-1 new)
10    Sec. 11-150.1-1. Lead hazard cost recovery fee. The
11corporate authorities of any municipality that operates a
12waterworks system and that incurs reasonable costs to comply
13with Section 35.5 of the Illinois Plumbing License Law shall
14have the authority, by ordinance, to collect a fair and
15reasonable fee from users of the system in order to recover

 

 

09900SB0550ham003- 2 -LRB099 03301 MJP 52249 a

1those reasonable costs. Fees collected pursuant to this Section
2shall be used exclusively for the purpose of complying with
3Section 35.5 of the Illinois Plumbing License Law.
 
4    Section 10. The School Code is amended by changing Sections
517-2.11 and 17-2A as follows:
 
6    (105 ILCS 5/17-2.11)  (from Ch. 122, par. 17-2.11)
7    Sec. 17-2.11. School board power to levy a tax or to borrow
8money and issue bonds for fire prevention, safety, energy
9conservation, accessibility, school security, and specified
10repair purposes.
11    (a) Whenever, as a result of any lawful order of any
12agency, other than a school board, having authority to enforce
13any school building code applicable to any facility that houses
14students, or any law or regulation for the protection and
15safety of the environment, pursuant to the Environmental
16Protection Act, any school district having a population of less
17than 500,000 inhabitants is required to alter or reconstruct
18any school building or permanent, fixed equipment; the district
19may, by proper resolution, levy a tax for the purpose of making
20such alteration or reconstruction, based on a survey report by
21an architect or engineer licensed in this State, upon all of
22the taxable property of the district at the value as assessed
23by the Department of Revenue and at a rate not to exceed 0.05%
24per year for a period sufficient to finance such alteration or

 

 

09900SB0550ham003- 3 -LRB099 03301 MJP 52249 a

1reconstruction, upon the following conditions:
2        (1) When there are not sufficient funds available in
3    the operations and maintenance fund of the school district,
4    the school facility occupation tax fund of the district, or
5    the fire prevention and safety fund of the district, as
6    determined by the district on the basis of rules adopted by
7    the State Board of Education, to make such alteration or
8    reconstruction or to purchase and install such permanent,
9    fixed equipment so ordered or determined as necessary.
10    Appropriate school district records must be made available
11    to the State Superintendent of Education, upon request, to
12    confirm this insufficiency.
13        (2) When a certified estimate of an architect or
14    engineer licensed in this State stating the estimated
15    amount necessary to make the alteration or reconstruction
16    or to purchase and install the equipment so ordered has
17    been secured by the school district, and the estimate has
18    been approved by the regional superintendent of schools
19    having jurisdiction over the district and the State
20    Superintendent of Education. Approval must not be granted
21    for any work that has already started without the prior
22    express authorization of the State Superintendent of
23    Education. If the estimate is not approved or is denied
24    approval by the regional superintendent of schools within 3
25    months after the date on which it is submitted to him or
26    her, the school board of the district may submit the

 

 

09900SB0550ham003- 4 -LRB099 03301 MJP 52249 a

1    estimate directly to the State Superintendent of Education
2    for approval or denial.
3    In the case of an emergency situation, where the estimated
4cost to effectuate emergency repairs is less than the amount
5specified in Section 10-20.21 of this Code, the school district
6may proceed with such repairs prior to approval by the State
7Superintendent of Education, but shall comply with the
8provisions of subdivision (2) of this subsection (a) as soon
9thereafter as may be as well as Section 10-20.21 of this Code.
10If the estimated cost to effectuate emergency repairs is
11greater than the amount specified in Section 10-20.21 of this
12Code, then the school district shall proceed in conformity with
13Section 10-20.21 of this Code and with rules established by the
14State Board of Education to address such situations. The rules
15adopted by the State Board of Education to deal with these
16situations shall stipulate that emergency situations must be
17expedited and given priority consideration. For purposes of
18this paragraph, an emergency is a situation that presents an
19imminent and continuing threat to the health and safety of
20students or other occupants of a facility, requires complete or
21partial evacuation of a building or part of a building, or
22consumes one or more of the 5 emergency days built into the
23adopted calendar of the school or schools or would otherwise be
24expected to cause such school or schools to fall short of the
25minimum school calendar requirements.
26    (b) Whenever any such district determines that it is

 

 

09900SB0550ham003- 5 -LRB099 03301 MJP 52249 a

1necessary for energy conservation purposes that any school
2building or permanent, fixed equipment should be altered or
3reconstructed and that such alterations or reconstruction will
4be made with funds not necessary for the completion of approved
5and recommended projects contained in any safety survey report
6or amendments thereto authorized by Section 2-3.12 of this Act;
7the district may levy a tax or issue bonds as provided in
8subsection (a) of this Section.
9    (c) Whenever any such district determines that it is
10necessary for accessibility purposes and to comply with the
11school building code that any school building or equipment
12should be altered or reconstructed and that such alterations or
13reconstruction will be made with funds not necessary for the
14completion of approved and recommended projects contained in
15any safety survey report or amendments thereto authorized under
16Section 2-3.12 of this Act, the district may levy a tax or
17issue bonds as provided in subsection (a) of this Section.
18    (d) Whenever any such district determines that it is
19necessary for school security purposes and the related
20protection and safety of pupils and school personnel that any
21school building or property should be altered or reconstructed
22or that security systems and equipment (including but not
23limited to intercom, early detection and warning, access
24control and television monitoring systems) should be purchased
25and installed, and that such alterations, reconstruction or
26purchase and installation of equipment will be made with funds

 

 

09900SB0550ham003- 6 -LRB099 03301 MJP 52249 a

1not necessary for the completion of approved and recommended
2projects contained in any safety survey report or amendment
3thereto authorized by Section 2-3.12 of this Act and will deter
4and prevent unauthorized entry or activities upon school
5property by unknown or dangerous persons, assure early
6detection and advance warning of any such actual or attempted
7unauthorized entry or activities and help assure the continued
8safety of pupils and school staff if any such unauthorized
9entry or activity is attempted or occurs; the district may levy
10a tax or issue bonds as provided in subsection (a) of this
11Section.
12    (e) If a school district does not need funds for other fire
13prevention and safety projects, including the completion of
14approved and recommended projects contained in any safety
15survey report or amendments thereto authorized by Section
162-3.12 of this Act, and it is determined after a public hearing
17(which is preceded by at least one published notice (i)
18occurring at least 7 days prior to the hearing in a newspaper
19of general circulation within the school district and (ii)
20setting forth the time, date, place, and general subject matter
21of the hearing) that there is a substantial, immediate, and
22otherwise unavoidable threat to the health, safety, or welfare
23of pupils due to disrepair of school sidewalks, playgrounds,
24parking lots, or school bus turnarounds and repairs must be
25made; then the district may levy a tax or issue bonds as
26provided in subsection (a) of this Section.

 

 

09900SB0550ham003- 7 -LRB099 03301 MJP 52249 a

1    (f) For purposes of this Section a school district may
2replace a school building or build additions to replace
3portions of a building when it is determined that the
4effectuation of the recommendations for the existing building
5will cost more than the replacement costs. Such determination
6shall be based on a comparison of estimated costs made by an
7architect or engineer licensed in the State of Illinois. The
8new building or addition shall be equivalent in area (square
9feet) and comparable in purpose and grades served and may be on
10the same site or another site. Such replacement may only be
11done upon order of the regional superintendent of schools and
12the approval of the State Superintendent of Education.
13    (g) The filing of a certified copy of the resolution
14levying the tax when accompanied by the certificates of the
15regional superintendent of schools and State Superintendent of
16Education shall be the authority of the county clerk to extend
17such tax.
18    (h) The county clerk of the county in which any school
19district levying a tax under the authority of this Section is
20located, in reducing raised levies, shall not consider any such
21tax as a part of the general levy for school purposes and shall
22not include the same in the limitation of any other tax rate
23which may be extended.
24    Such tax shall be levied and collected in like manner as
25all other taxes of school districts, subject to the provisions
26contained in this Section.

 

 

09900SB0550ham003- 8 -LRB099 03301 MJP 52249 a

1    (i) The tax rate limit specified in this Section may be
2increased to .10% upon the approval of a proposition to effect
3such increase by a majority of the electors voting on that
4proposition at a regular scheduled election. Such proposition
5may be initiated by resolution of the school board and shall be
6certified by the secretary to the proper election authorities
7for submission in accordance with the general election law.
8    (j) When taxes are levied by any school district for fire
9prevention, safety, energy conservation, and school security
10purposes as specified in this Section, and the purposes for
11which the taxes have been levied are accomplished and paid in
12full, and there remain funds on hand in the Fire Prevention and
13Safety Fund from the proceeds of the taxes levied, including
14interest earnings thereon, the school board by resolution shall
15use such excess and other board restricted funds, excluding
16bond proceeds and earnings from such proceeds, as follows:
17        (1) for other authorized fire prevention, safety,
18    energy conservation, required safety inspections, and
19    school security purposes, sampling for lead in drinking
20    water in schools, and for repair and mitigation due to lead
21    levels in the drinking water supply and for required safety
22    inspections; or
23        (2) for transfer to the Operations and Maintenance Fund
24    for the purpose of abating an equal amount of operations
25    and maintenance purposes taxes.
26Notwithstanding subdivision (2) of this subsection (j) and

 

 

09900SB0550ham003- 9 -LRB099 03301 MJP 52249 a

1subsection (k) of this Section, through June 30, 2019, the
2school board may, by proper resolution following a public
3hearing set by the school board or the president of the school
4board (that is preceded (i) by at least one published notice
5over the name of the clerk or secretary of the board, occurring
6at least 7 days and not more than 30 days prior to the hearing,
7in a newspaper of general circulation within the school
8district and (ii) by posted notice over the name of the clerk
9or secretary of the board, at least 48 hours before the
10hearing, at the principal office of the school board or at the
11building where the hearing is to be held if a principal office
12does not exist, with both notices setting forth the time, date,
13place, and subject matter of the hearing), transfer surplus
14life safety taxes and interest earnings thereon to the
15Operations and Maintenance Fund for building repair work.
16    (k) If any transfer is made to the Operation and
17Maintenance Fund, the secretary of the school board shall
18within 30 days notify the county clerk of the amount of that
19transfer and direct the clerk to abate the taxes to be extended
20for the purposes of operations and maintenance authorized under
21Section 17-2 of this Act by an amount equal to such transfer.
22    (l) If the proceeds from the tax levy authorized by this
23Section are insufficient to complete the work approved under
24this Section, the school board is authorized to sell bonds
25without referendum under the provisions of this Section in an
26amount that, when added to the proceeds of the tax levy

 

 

09900SB0550ham003- 10 -LRB099 03301 MJP 52249 a

1authorized by this Section, will allow completion of the
2approved work.
3    (m) Any bonds issued pursuant to this Section shall bear
4interest at a rate not to exceed the maximum rate authorized by
5law at the time of the making of the contract, shall mature
6within 20 years from date, and shall be signed by the president
7of the school board and the treasurer of the school district.
8    (n) In order to authorize and issue such bonds, the school
9board shall adopt a resolution fixing the amount of bonds, the
10date thereof, the maturities thereof, rates of interest
11thereof, place of payment and denomination, which shall be in
12denominations of not less than $100 and not more than $5,000,
13and provide for the levy and collection of a direct annual tax
14upon all the taxable property in the school district sufficient
15to pay the principal and interest on such bonds to maturity.
16Upon the filing in the office of the county clerk of the county
17in which the school district is located of a certified copy of
18the resolution, it is the duty of the county clerk to extend
19the tax therefor in addition to and in excess of all other
20taxes heretofore or hereafter authorized to be levied by such
21school district.
22    (o) After the time such bonds are issued as provided for by
23this Section, if additional alterations or reconstructions are
24required to be made because of surveys conducted by an
25architect or engineer licensed in the State of Illinois, the
26district may levy a tax at a rate not to exceed .05% per year

 

 

09900SB0550ham003- 11 -LRB099 03301 MJP 52249 a

1upon all the taxable property of the district or issue
2additional bonds, whichever action shall be the most feasible.
3    (p) This Section is cumulative and constitutes complete
4authority for the issuance of bonds as provided in this Section
5notwithstanding any other statute or law to the contrary.
6    (q) With respect to instruments for the payment of money
7issued under this Section either before, on, or after the
8effective date of Public Act 86-004 (June 6, 1989), it is, and
9always has been, the intention of the General Assembly (i) that
10the Omnibus Bond Acts are, and always have been, supplementary
11grants of power to issue instruments in accordance with the
12Omnibus Bond Acts, regardless of any provision of this Act that
13may appear to be or to have been more restrictive than those
14Acts, (ii) that the provisions of this Section are not a
15limitation on the supplementary authority granted by the
16Omnibus Bond Acts, and (iii) that instruments issued under this
17Section within the supplementary authority granted by the
18Omnibus Bond Acts are not invalid because of any provision of
19this Act that may appear to be or to have been more restrictive
20than those Acts.
21    (r) When the purposes for which the bonds are issued have
22been accomplished and paid for in full and there remain funds
23on hand from the proceeds of the bond sale and interest
24earnings therefrom, the board shall, by resolution, use such
25excess funds in accordance with the provisions of Section
2610-22.14 of this Act.

 

 

09900SB0550ham003- 12 -LRB099 03301 MJP 52249 a

1    (s) Whenever any tax is levied or bonds issued for fire
2prevention, safety, energy conservation, and school security
3purposes, such proceeds shall be deposited and accounted for
4separately within the Fire Prevention and Safety Fund.
5(Source: P.A. 98-26, eff. 6-21-13; 98-1066, eff. 8-26-14;
699-143, eff. 7-27-15; 99-713, eff. 8-5-16.)
 
7    (105 ILCS 5/17-2A)  (from Ch. 122, par. 17-2A)
8    Sec. 17-2A. Interfund transfers.
9    (a) The school board of any district having a population of
10less than 500,000 inhabitants may, by proper resolution
11following a public hearing set by the school board or the
12president of the school board (that is preceded (i) by at least
13one published notice over the name of the clerk or secretary of
14the board, occurring at least 7 days and not more than 30 days
15prior to the hearing, in a newspaper of general circulation
16within the school district and (ii) by posted notice over the
17name of the clerk or secretary of the board, at least 48 hours
18before the hearing, at the principal office of the school board
19or at the building where the hearing is to be held if a
20principal office does not exist, with both notices setting
21forth the time, date, place, and subject matter of the
22hearing), transfer money from (1) the Educational Fund to the
23Operations and Maintenance Fund or the Transportation Fund, (2)
24the Operations and Maintenance Fund to the Educational Fund or
25the Transportation Fund, or (3) the Transportation Fund to the

 

 

09900SB0550ham003- 13 -LRB099 03301 MJP 52249 a

1Educational Fund or the Operations and Maintenance Fund, or (4)
2the Tort Immunity Fund to the Operations and Maintenance Fund
3of said district, provided that, except during the period from
4July 1, 2003 through June 30, 2019, such transfer is made
5solely for the purpose of meeting one-time, non-recurring
6expenses. Except during the period from July 1, 2003 through
7June 30, 2019 and except as otherwise provided in subsection
8(b) of this Section, any other permanent interfund transfers
9authorized by any provision or judicial interpretation of this
10Code for which the transferee fund is not precisely and
11specifically set forth in the provision of this Code
12authorizing such transfer shall be made to the fund of the
13school district most in need of the funds being transferred, as
14determined by resolution of the school board.
15     (b) (Blank). Notwithstanding subsection (a) of this
16Section or any other provision of this Code to the contrary,
17the school board of any school district (i) that is subject to
18the Property Tax Extension Limitation Law, (ii) that has a
19population of less than 500,000 inhabitants, (iii) that is
20levying at its maximum tax rate, (iv) whose total equalized
21assessed valuation has declined 20% in the prior 2 years, (v)
22in which 80% or more of its students receive free or
23reduced-price lunch, and (vi) that had an equalized assessed
24valuation of less than $207 million but more than $203 million
25in the 2011 levy year may annually, until July 1, 2016,
26transfer money from any fund of the district, other than the

 

 

09900SB0550ham003- 14 -LRB099 03301 MJP 52249 a

1Illinois Municipal Retirement Fund and the Bonds and Interest
2Fund, to the educational fund, the operations and maintenance
3fund, or the transportation fund of the district by proper
4resolution following a public hearing set by the school board
5or the president of the school board, with notice as provided
6in subsection (a) of this Section, so long as the district
7meets the qualifications set forth in this subsection (b) on
8the effective date of this amendatory Act of the 98th General
9Assembly even if the district does not meet those
10qualifications at the time a given transfer is made.
11(Source: P.A. 98-26, eff. 6-21-13; 98-131, eff. 1-1-14; 99-713,
12eff. 8-5-16.)
 
13    Section 15. The Public Utilities Act is amended by adding
14Section 9-246 as follows:
 
15    (220 ILCS 5/9-246 new)
16    Sec. 9-246. Rates; lead hazard cost recovery by
17investor-owned water utilities. In determining the rates for an
18investor-owned public utility engaged in providing water
19service, the Commission shall allow the utility to recover
20annually any reasonable costs incurred by the utility to comply
21with Section 35.5 of the Illinois Plumbing License Law.
 
22    Section 20. The Child Care Act of 1969 is amended by adding
23Section 5.9 as follows:
 

 

 

09900SB0550ham003- 15 -LRB099 03301 MJP 52249 a

1    (225 ILCS 10/5.9 new)
2    Sec. 5.9. Lead testing of water in licensed day care
3centers, day care homes and group day care homes.
4    (a) On or before January 1, 2018, the Department, in
5consultation with the Department of Public Health, shall adopt
6rules that prescribe the procedures and standards to be used by
7the Department in assessing levels of lead in water in licensed
8day care centers, day care homes, and group day care homes
9constructed on or before January 1, 2000 that serve children
10under the age of 6. Such rules shall, at a minimum, include
11provisions regarding testing parameters, the notification of
12sampling results, training requirements for lead exposure and
13mitigation.
14    (b) After adoption of the rules required by subsection (a),
15and as part of an initial application or application for
16renewal of a license for day care centers, day care homes, and
17group day care homes, the Department shall require proof that
18the applicant has complied with all such rules.
 
19    Section 25. The Illinois Plumbing License Law is amended by
20adding Section 35.5 as follows:
 
21    (225 ILCS 320/35.5 new)
22    Sec. 35.5. Lead in drinking water prevention.
23    (a) The General Assembly finds that lead has been detected

 

 

09900SB0550ham003- 16 -LRB099 03301 MJP 52249 a

1in the drinking water of schools in this State. The General
2Assembly also finds that infants and young children may suffer
3adverse health effects and developmental delays as a result of
4exposure to even low levels of lead. The General Assembly
5further finds that it is in the best interests of the people of
6the State to require school districts or chief school
7administrators, or the designee of the school district or chief
8school administrator, to test for lead in drinking water in
9school buildings and provide written notification of the test
10results.
11    The purpose of this Section is to require (i) school
12districts or chief school administrators, or the designees of
13the school districts or chief school administrators, to test
14for lead with the goal of providing school building occupants
15with an adequate supply of safe, potable water; and (ii) school
16districts or chief school administrators, or the designees of
17the school districts or chief school administrators, to notify
18the parents and legal guardians of enrolled students of the
19sampling results from their respective school buildings.
20    (b) For the purposes of this Section:
21    "Community water system" has the meaning provided in 35
22Ill. Adm. Code 611.101.
23    "School building" means any facility or portion thereof
24that was constructed on or before January 1, 2000 and may be
25occupied by more than 10 children or students, pre-kindergarten
26through grade 5, under the control of (a) a school district or

 

 

09900SB0550ham003- 17 -LRB099 03301 MJP 52249 a

1(b) a public, private, charter, or nonpublic day or residential
2educational institution.
3    "Source of potable water" means the point at which
4non-bottled water that may be ingested by children or used for
5food preparation exits any tap, faucet, drinking fountain, wash
6basin in a classroom occupied by children or students under
7grade 1, or similar point of use; provided, however, that all
8(a) bathroom sinks and (b) wash basins used by janitorial staff
9are excluded from this definition.
10    (c) Each school district or chief school administrator, or
11the designee of each school district or chief school
12administrator, shall test each source of potable water in a
13school building for lead contamination as required in this
14subsection.
15        (1) Each school district or chief school
16    administrator, or the designee of each school district or
17    chief school administrator, shall (a) collect a first-draw
18    250 milliliter sample of water, (b) flush for 30 seconds,
19    and (c) collect a second draw 250 milliliter sample from
20    each source of potable water located at each corresponding
21    school building; provided, however, that to the extent that
22    multiple sources of potable water utilize the same drain,
23    (i) the foregoing collection protocol is required for one
24    such source of potable water, and (ii) only a first-draw
25    250 milliliter sample of water is required from the
26    remaining such sources of potable water. The water

 

 

09900SB0550ham003- 18 -LRB099 03301 MJP 52249 a

1    corresponding to the first-draw 250 milliliter sample from
2    each source of potable water shall have been standing in
3    the plumbing pipes for at least 8 hours, but not more than
4    18 hours, without any flushing of the source of potable
5    water before sample collection.
6        (2) Each school district or chief school
7    administrator, or the designee of each school district or
8    chief school administrator, shall submit or cause to be
9    submitted (A) the samples to an Illinois Environmental
10    Protection Agency-accredited laboratory for analysis for
11    lead in accordance with the instructions supplied by an
12    Illinois Environmental Protection Agency-accredited
13    laboratory and (B) the written sampling results to the
14    Department within 7 business days of receipt of the
15    results.
16        (3) If any of the samples taken in the school exceed 5
17    parts per billion, the school district or chief school
18    administrator, or the designee of the school district or
19    chief school administrator, shall promptly provide an
20    individual notification of the sampling results, via
21    written or electronic communication, to the parents or
22    legal guardians of all enrolled students and include the
23    following information: the corresponding sampling location
24    within the school building and the United States
25    Environmental Protection Agency's website for information
26    about lead in drinking water. If any of the samples taken

 

 

09900SB0550ham003- 19 -LRB099 03301 MJP 52249 a

1    at the school are at or below 5 parts per billion,
2    notification may be made as provided in this paragraph or
3    by posting on the school's website.
4        (4) Sampling and analysis required under this Section
5    shall be completed by the following applicable deadlines:
6    for school buildings constructed prior to January 1, 1987,
7    by December 31, 2017; and for school buildings constructed
8    between January 2, 1987 and January 1, 2000, by December
9    31, 2018.
10        (5) A school district or chief school administrator, or
11    the designee of the school district or chief school
12    administrator, may seek a waiver of the requirements of
13    this subsection from the Department, if (A) the school
14    district or chief school administrator, or the designee of
15    the school district or chief school administrator,
16    collected at least one 250 milliliter or greater sample of
17    water from each source of potable water that had been
18    standing in the plumbing pipes for at least 6 hours and
19    that was collected without flushing the source of potable
20    water before collection, (B) an Illinois Environmental
21    Protection Agency-accredited laboratory analyzed the
22    samples, (C) test results were obtained prior to the
23    effective date of this amendatory Act of the 99th General
24    Assembly, but after January 1, 2013, and (D) test results
25    were submitted to the Department within 120 days of the
26    effective date of this amendatory Act of the 99th General

 

 

09900SB0550ham003- 20 -LRB099 03301 MJP 52249 a

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

 

 

09900SB0550ham003- 21 -LRB099 03301 MJP 52249 a

1    Section 30. The Environmental Protection Act is amended by
2changing Section 19.3 and by adding Section 17.11 as follows:
 
3    (415 ILCS 5/17.11 new)
4    Sec. 17.11. Lead in drinking water notifications and
5inventories.
6    (a) The purpose of this Section is to require the owners
7and operators of community water systems to (i) create a
8comprehensive lead service line inventory; and (ii) provide
9notice to occupants of potentially affected residences of
10construction or repair work on water mains, lead service lines,
11or water meters.
12    (b) For the purposes of this Section:
13        "Community water system" has the meaning provided in 35
14    Ill. Adm. Code 611.101.
15        "Potentially affected residence" means any residence
16    where water service is or may be temporarily interrupted or
17    shut off by or on behalf of an owner or operator of a
18    community water system because construction or repair work
19    is to be performed by or on behalf of the owner or operator
20    of a community water system on or affecting a water main,
21    service line, or water meter.
22        "Small system" has the meaning provided in 35 Ill. Adm.
23    Code 611.350.
24    (c) The owner or operator of each community water system in
25the State shall develop a water distribution system material

 

 

09900SB0550ham003- 22 -LRB099 03301 MJP 52249 a

1inventory that shall be submitted in written or electronic form
2to the Agency on an annual basis commencing on April 15, 2018
3and continuing on each April 15 thereafter until the water
4distribution system material inventory is completed. In
5addition to meeting the requirements for water distribution
6system material inventories that are mandated by the United
7States Environmental Protection Agency, each water
8distribution system material inventory shall identify:
9        (1) the total number of service lines within or
10    connected to the distribution system, including privately
11    owned service lines;
12        (2) the number of all known lead service lines within
13    or connected to the distribution system, including
14    privately owned lead service lines; and
15        (3) the number of the lead service lines that were
16    added to the inventory after the previous year's
17    submission.
18    Nothing in this subsection shall be construed to require
19that service lines be unearthed.
20    (d) Beginning on January 1, 2018, when conducting routine
21inspections of community water systems as required under this
22Act, the Agency may conduct a separate audit to identify
23progress that the community water system has made toward
24completing the water distribution system material inventories
25required under subsection (c) of this Section.
26    (e) The owner or operator of the community water system

 

 

09900SB0550ham003- 23 -LRB099 03301 MJP 52249 a

1shall provide notice of construction or repair work on a water
2main service line, or water meter in accordance with the
3following requirements:
4        (1) At least 14 days prior to beginning planned work to
5    repair or replace any water mains or lead service lines,
6    the owner or operator of a community water system shall
7    notify, through an individual written notice, each
8    potentially affected residence of the planned work. In
9    cases where a community water system must perform
10    construction or repair work on an emergency basis or where
11    such work is not scheduled at least 14 days prior to work
12    taking place, the community water system shall notify each
13    potentially affected residence as soon as reasonably
14    possible. When work is to repair or replace a water meter,
15    the notification shall be provided at the time the work is
16    initiated.
17        (2) Such notification shall include, at a minimum:
18            (A) a warning that the work may result in sediment,
19        possibly containing lead, in the residence's water
20        supply; and
21            (B) information concerning best practices for
22        preventing the consumption of any lead in drinking
23        water, including a recommendation to flush water lines
24        during and after the completion of the repair or
25        replacement work and to clean faucet aerator screens;
26        and

 

 

09900SB0550ham003- 24 -LRB099 03301 MJP 52249 a

1            (C) information regarding the dangers of lead in
2        young children.
3        (3) To the extent that the owner or operator of a
4    community water system serves a significant proportion of
5    non-English speaking consumers, the notification must
6    contain information in the appropriate languages regarding
7    the importance of the notice, and it must contain a
8    telephone number or address where a person served may
9    contact the owner or operator of the community water system
10    to obtain a translated copy of the notification or to
11    request assistance in the appropriate language.
12        (4) Notwithstanding anything to the contrary set forth
13    in this Section, to the extent that (a) notification is
14    required for the entire community served by a community
15    water system, (b) notification is required for
16    construction or repairs occurring on an emergency basis, or
17    (c) the community water system is a small system,
18    publication notification, through a local media, social
19    media or other similar means, may be utilized in lieu of an
20    individual written notification.
21        (5) If an owner or operator is required to provide an
22    individual written notification to a residence that is a
23    multidwelling building, posting a written notification on
24    the primary entrance way to the building shall be
25    sufficient.
26        (6) The notification requirements in this subsection

 

 

09900SB0550ham003- 25 -LRB099 03301 MJP 52249 a

1    (e) do not apply to work performed on water mains that are
2    used to transmit treated water between community water
3    systems and have no service connections.
4        (7) The owner or operator of a community water system
5    may seek a full or partial waiver of the requirements of
6    this subsection from the Agency if (i) the community water
7    system was originally constructed without lead, (ii) the
8    residential structures were constructed under local
9    building codes that categorically prohibited lead
10    construction materials or the owner or operator of a
11    community water system certifies that any residential
12    structures requiring notification were constructed without
13    lead, and (iii) no lead sediment is likely to be present
14    within the community water system or residential
15    structures. The owner or operator of a community water
16    system may seek a time-limited or permanent waiver.
17        (8) The owner and operator of a community water system
18    shall not be required to comply with this subsection (e) to
19    the extent that the corresponding water distribution
20    system material inventory has been completed that
21    demonstrates the water distribution system does not
22    contain any lead.
 
23    (415 ILCS 5/19.3)  (from Ch. 111 1/2, par. 1019.3)
24    Sec. 19.3. Water Revolving Fund.
25    (a) There is hereby created within the State Treasury a

 

 

09900SB0550ham003- 26 -LRB099 03301 MJP 52249 a

1Water Revolving Fund, consisting of 3 interest-bearing special
2programs to be known as the Water Pollution Control Loan
3Program, the Public Water Supply Loan Program, and the Loan
4Support Program, which shall be used and administered by the
5Agency.
6    (b) The Water Pollution Control Loan Program shall be used
7and administered by the Agency to provide assistance for the
8following purposes:
9        (1) to accept and retain funds from grant awards,
10    appropriations, transfers, and payments of interest and
11    principal;
12        (2) to make direct loans at or below market interest
13    rates and to provide additional subsidization, including,
14    but not limited to, forgiveness of principal, negative
15    interest rates, and grants, to any eligible local
16    government unit to finance the construction of treatments
17    works, including storm water treatment systems that are
18    treatment works, and projects that fulfill federal State
19    Revolving Fund grant requirements for a green project
20    reserve;
21        (2.5) with respect to funds provided under the American
22    Recovery and Reinvestment Act of 2009:
23            (A) to make direct loans at or below market
24        interest rates to any eligible local government unit
25        and to provide additional subsidization to any
26        eligible local government unit, including, but not

 

 

09900SB0550ham003- 27 -LRB099 03301 MJP 52249 a

1        limited to, forgiveness of principal, negative
2        interest rates, and grants;
3            (B) to make direct loans at or below market
4        interest rates to any eligible local government unit to
5        buy or refinance debt obligations for treatment works
6        incurred on or after October 1, 2008; and
7            (C) to provide additional subsidization,
8        including, but not limited to, forgiveness of
9        principal, negative interest rates, and grants for
10        treatment works incurred on or after October 1, 2008;
11        (3) to make direct loans at or below market interest
12    rates and to provide additional subsidization, including,
13    but not limited to, forgiveness of principal, negative
14    interest rates, and grants, to any eligible local
15    government unit to buy or refinance debt obligations for
16    costs incurred after March 7, 1985, for the construction of
17    treatment works, including storm water treatment systems
18    that are treatment works, and projects that fulfill federal
19    State Revolving Fund grant requirements for a green project
20    reserve;
21        (3.5) to make loans, including, but not limited to,
22    loans through a linked deposit program, at or below market
23    interest rates for the implementation of a management
24    program established under Section 319 of the Federal Water
25    Pollution Control Act, as amended;
26        (4) to guarantee or purchase insurance for local

 

 

09900SB0550ham003- 28 -LRB099 03301 MJP 52249 a

1    obligations where such action would improve credit market
2    access or reduce interest rates;
3        (5) as a source of revenue or security for the payment
4    of principal and interest on revenue or general obligation
5    bonds issued by the State or any political subdivision or
6    instrumentality thereof, if the proceeds of such bonds will
7    be deposited in the Fund;
8        (6) to finance the reasonable costs incurred by the
9    Agency in the administration of the Fund;
10        (7) to transfer funds to the Public Water Supply Loan
11    Program; and
12        (8) notwithstanding any other provision of this
13    subsection (b), to provide, in accordance with rules
14    adopted under this Title, any other financial assistance
15    that may be provided under Section 603 of the Federal Water
16    Pollution Control Act for any other projects or activities
17    eligible for assistance under that Section or federal rules
18    adopted to implement that Section.
19    (c) The Loan Support Program shall be used and administered
20by the Agency for the following purposes:
21        (1) to accept and retain funds from grant awards and
22    appropriations;
23        (2) to finance the reasonable costs incurred by the
24    Agency in the administration of the Fund, including
25    activities under Title III of this Act, including the
26    administration of the State construction grant program;

 

 

09900SB0550ham003- 29 -LRB099 03301 MJP 52249 a

1        (3) to transfer funds to the Water Pollution Control
2    Loan Program and the Public Water Supply Loan Program;
3        (4) to accept and retain a portion of the loan
4    repayments;
5        (5) to finance the development of the low interest loan
6    programs for water pollution control and public water
7    supply projects;
8        (6) to finance the reasonable costs incurred by the
9    Agency to provide technical assistance for public water
10    supplies; and
11        (7) to finance the reasonable costs incurred by the
12    Agency for public water system supervision programs, to
13    administer or provide for technical assistance through
14    source water protection programs, to develop and implement
15    a capacity development strategy, to delineate and assess
16    source water protection areas, and for an operator
17    certification program in accordance with Section 1452 of
18    the federal Safe Drinking Water Act.
19    (d) The Public Water Supply Loan Program shall be used and
20administered by the Agency to provide assistance to local
21government units and privately owned community water supplies
22for public water supplies for the following public purposes:
23        (1) to accept and retain funds from grant awards,
24    appropriations, transfers, and payments of interest and
25    principal;
26        (2) to make direct loans at or below market interest

 

 

09900SB0550ham003- 30 -LRB099 03301 MJP 52249 a

1    rates and to provide additional subsidization, including,
2    but not limited to, forgiveness of principal, negative
3    interest rates, and grants, to any eligible local
4    government unit or to any eligible privately owned
5    community water supply to finance the construction of water
6    supplies and projects that fulfill federal State Revolving
7    Fund grant requirements for a green project reserve;
8        (2.5) with respect to funds provided under the American
9    Recovery and Reinvestment Act of 2009:
10            (A) to make direct loans at or below market
11        interest rates to any eligible local government unit or
12        to any eligible privately owned community water
13        supply, and to provide additional subsidization to any
14        eligible local government unit or to any eligible
15        privately owned community water supply, including, but
16        not limited to, forgiveness of principal, negative
17        interest rates, and grants;
18            (B) to buy or refinance the debt obligation of a
19        local government unit for costs incurred on or after
20        October 1, 2008; and
21            (C) to provide additional subsidization,
22        including, but not limited to, forgiveness of
23        principal, negative interest rates, and grants for a
24        local government unit for costs incurred on or after
25        October 1, 2008;
26        (3) to make direct loans at or below market interest

 

 

09900SB0550ham003- 31 -LRB099 03301 MJP 52249 a

1    rates and to provide additional subsidization, including,
2    but not limited to, forgiveness of principal, negative
3    interest rates, and grants, to any eligible local
4    government unit or to any eligible privately owned
5    community water supply to buy or refinance debt obligations
6    for costs incurred on or after July 17, 1997, for the
7    construction of water supplies and projects that fulfill
8    federal State Revolving Fund requirements for a green
9    project reserve;
10        (4) to guarantee local obligations where such action
11    would improve credit market access or reduce interest
12    rates;
13        (5) as a source of revenue or security for the payment
14    of principal and interest on revenue or general obligation
15    bonds issued by the State or any political subdivision or
16    instrumentality thereof, if the proceeds of such bonds will
17    be deposited into the Fund; and
18        (6) to transfer funds to the Water Pollution Control
19    Loan Program; and .
20        (7) notwithstanding any other provision of this
21    subsection (d), to provide to local government units and
22    privately owned community water supplies any other
23    financial assistance that may be provided under Section
24    1452 of the federal Safe Drinking Water Act for any
25    expenditures eligible for assistance under that Section or
26    federal rules adopted to implement that Section.

 

 

09900SB0550ham003- 32 -LRB099 03301 MJP 52249 a

1    (e) The Agency is designated as the administering agency of
2the Fund. The Agency shall submit to the Regional Administrator
3of the United States Environmental Protection Agency an
4intended use plan which outlines the proposed use of funds
5available to the State. The Agency shall take all actions
6necessary to secure to the State the benefits of the federal
7Water Pollution Control Act and the federal Safe Drinking Water
8Act, as now or hereafter amended.
9    (f) The Agency shall have the power to enter into
10intergovernmental agreements with the federal government or
11the State, or any instrumentality thereof, for purposes of
12capitalizing the Water Revolving Fund. Moneys on deposit in the
13Water Revolving Fund may be used for the creation of reserve
14funds or pledged funds that secure the obligations of repayment
15of loans made pursuant to this Section. For the purpose of
16obtaining capital for deposit into the Water Revolving Fund,
17the Agency may also enter into agreements with financial
18institutions and other persons for the purpose of selling loans
19and developing a secondary market for such loans. The Agency
20shall have the power to create and establish such reserve funds
21and accounts as may be necessary or desirable to accomplish its
22purposes under this subsection and to allocate its available
23moneys into such funds and accounts. Investment earnings on
24moneys held in the Water Revolving Fund, including any reserve
25fund or pledged fund, shall be deposited into the Water
26Revolving Fund.

 

 

09900SB0550ham003- 33 -LRB099 03301 MJP 52249 a

1(Source: P.A. 98-782, eff. 7-23-14; 99-187, eff. 7-29-15.)
 
2    Section 35. The Local Governmental and Governmental
3Employees Tort Immunity Act is amended by changing Section
49-107 as follows:
 
5    (745 ILCS 10/9-107)  (from Ch. 85, par. 9-107)
6    Sec. 9-107. Policy; tax levy.
7    (a) The General Assembly finds that the purpose of this
8Section is to provide an extraordinary tax for funding expenses
9relating to (i) tort liability, (ii) liability relating to
10actions brought under the federal Comprehensive Environmental
11Response, Compensation, and Liability Act of 1980 or the
12Environmental Protection Act, but only until December 31, 2010,
13(iii) insurance, and (iv) risk management programs. Thus, the
14tax has been excluded from various limitations otherwise
15applicable to tax levies. Notwithstanding the extraordinary
16nature of the tax authorized by this Section, however, it has
17become apparent that some units of local government are using
18the tax revenue to fund expenses more properly paid from
19general operating funds. These uses of the revenue are
20inconsistent with the limited purpose of the tax authorization.
21    Therefore, the General Assembly declares, as a matter of
22policy, that (i) the use of the tax revenue authorized by this
23Section for purposes not expressly authorized under this Act is
24improper and (ii) the provisions of this Section shall be

 

 

09900SB0550ham003- 34 -LRB099 03301 MJP 52249 a

1strictly construed consistent with this declaration and the
2Act's express purposes.
3    (b) A local public entity may annually levy or have levied
4on its behalf taxes upon all taxable property within its
5territory at a rate that will produce a sum that will be
6sufficient to: (i) pay the cost of insurance, individual or
7joint self-insurance (including reserves thereon), including
8all operating and administrative costs and expenses directly
9associated therewith, claims services and risk management
10directly attributable to loss prevention and loss reduction,
11legal services directly attributable to the insurance,
12self-insurance, or joint self-insurance program, and
13educational, inspectional, and supervisory services directly
14relating to loss prevention and loss reduction, participation
15in a reciprocal insurer as provided in Sections 72, 76, and 81
16of the Illinois Insurance Code, or participation in a
17reciprocal insurer, all as provided in settlements or judgments
18under Section 9-102, including all costs and reserves directly
19attributable to being a member of an insurance pool, under
20Section 9-103; (ii) pay the costs of and principal and interest
21on bonds issued under Section 9-105; (iii) pay judgments and
22settlements under Section 9-104 of this Act; (iv) discharge
23obligations under Section 34-18.1 of the School Code or make
24transfers under Section 17-2A of the School Code; (v) pay
25judgments and settlements under the federal Comprehensive
26Environmental Response, Compensation, and Liability Act of

 

 

09900SB0550ham003- 35 -LRB099 03301 MJP 52249 a

11980 and the Environmental Protection Act, but only until
2December 31, 2010; (vi) pay the costs authorized by the
3Metro-East Sanitary District Act of 1974 as provided in
4subsection (a) of Section 5-1 of that Act (70 ILCS 2905/5-1);
5and (vii) pay the cost of risk management programs. Provided it
6complies with any other applicable statutory requirements, the
7local public entity may self-insure and establish reserves for
8expected losses for any property damage or for any liability or
9loss for which the local public entity is authorized to levy or
10have levied on its behalf taxes for the purchase of insurance
11or the payment of judgments or settlements under this Section.
12The decision of the board to establish a reserve shall be based
13on reasonable actuarial or insurance underwriting evidence and
14subject to the limits and reporting provisions in Section
159-103.
16    If a school district was a member of a
17joint-self-health-insurance cooperative that had more
18liability in outstanding claims than revenue to pay those
19claims, the school board of that district may by resolution
20make a one-time transfer from any fund in which tort immunity
21moneys are maintained to the fund or funds from which payments
22to a joint-self-health-insurance cooperative can be or have
23been made of an amount not to exceed the amount of the
24liability claim that the school district owes to the
25joint-self-health-insurance cooperative or that the school
26district paid within the 2 years immediately preceding the

 

 

09900SB0550ham003- 36 -LRB099 03301 MJP 52249 a

1effective date of this amendatory Act of the 92nd General
2Assembly.
3    Funds raised pursuant to this Section shall, unless
4lawfully transferred as provided in Section 17-2A of the School
5Code, only be used for the purposes specified in this Act,
6including protection against and reduction of any liability or
7loss described hereinabove and under Federal or State common or
8statutory law, the Workers' Compensation Act, the Workers'
9Occupational Diseases Act and the Unemployment Insurance Act.
10Funds raised pursuant to this Section may be invested in any
11manner in which other funds of local public entities may be
12invested under Section 2 of the Public Funds Investment Act.
13Interest on such funds shall be used only for purposes for
14which the funds can be used or, if surplus, must be used for
15abatement of property taxes levied by the local taxing entity.
16    A local public entity may enter into intergovernmental
17contracts with a term of not to exceed 12 years for the
18provision of joint self-insurance which contracts may include
19an obligation to pay a proportional share of a general
20obligation or revenue bond or other debt instrument issued by a
21local public entity which is a party to the intergovernmental
22contract and is authorized by the terms of the contract to
23issue the bond or other debt instrument. Funds due under such
24contracts shall not be considered debt under any constitutional
25or statutory limitation and the local public entity may levy or
26have levied on its behalf taxes to pay for its proportional

 

 

09900SB0550ham003- 37 -LRB099 03301 MJP 52249 a

1share under the contract. Funds raised pursuant to
2intergovernmental contracts for the provision of joint
3self-insurance may only be used for the payment of any cost,
4liability or loss against which a local public entity may
5protect itself or self-insure pursuant to Section 9-103 or for
6the payment of which such entity may levy a tax pursuant to
7this Section, including tort judgments or settlements, costs
8associated with the issuance, retirement or refinancing of the
9bonds or other debt instruments, the repayment of the principal
10or interest of the bonds or other debt instruments, the costs
11of the administration of the joint self-insurance fund,
12consultant, and risk care management programs or the costs of
13insurance. Any surplus returned to the local public entity
14under the terms of the intergovernmental contract shall be used
15only for purposes set forth in subsection (a) of Section 9-103
16and Section 9-107 or for abatement of property taxes levied by
17the local taxing entity.
18    Any tax levied under this Section shall be levied and
19collected in like manner with the general taxes of the entity
20and shall be exclusive of and in addition to the amount of tax
21that entity is now or may hereafter be authorized to levy for
22general purposes under any statute which may limit the amount
23of tax which that entity may levy for general purposes. The
24county clerk of the county in which any part of the territory
25of the local taxing entity is located, in reducing tax levies
26under the provisions of any Act concerning the levy and

 

 

09900SB0550ham003- 38 -LRB099 03301 MJP 52249 a

1extension of taxes, shall not consider any tax provided for by
2this Section as a part of the general tax levy for the purposes
3of the entity nor include such tax within any limitation of the
4percent of the assessed valuation upon which taxes are required
5to be extended for such entity.
6    With respect to taxes levied under this Section, either
7before, on, or after the effective date of this amendatory Act
8of 1994:
9        (1) Those taxes are excepted from and shall not be
10    included within the rate limitation imposed by law on taxes
11    levied for general corporate purposes by the local public
12    entity authorized to levy a tax under this Section.
13        (2) Those taxes that a local public entity has levied
14    in reliance on this Section and that are excepted under
15    paragraph (1) from the rate limitation imposed by law on
16    taxes levied for general corporate purposes by the local
17    public entity are not invalid because of any provision of
18    the law authorizing the local public entity's tax levy for
19    general corporate purposes that may be construed or may
20    have been construed to restrict or limit those taxes
21    levied, and those taxes are hereby validated. This
22    validation of taxes levied applies to all cases pending on
23    or after the effective date of this amendatory Act of 1994.
24        (3) Paragraphs (1) and (2) do not apply to a hospital
25    organized under Article 170 or 175 of the Township Code,
26    under the Town Hospital Act, or under the Township

 

 

09900SB0550ham003- 39 -LRB099 03301 MJP 52249 a

1    Non-Sectarian Hospital Act and do not give any authority to
2    levy taxes on behalf of such a hospital in excess of the
3    rate limitation imposed by law on taxes levied for general
4    corporate purposes. A hospital organized under Article 170
5    or 175 of the Township Code, under the Town Hospital Act,
6    or under the Township Non-Sectarian Hospital Act is not
7    prohibited from levying taxes in support of tort liability
8    bonds if the taxes do not cause the hospital's aggregate
9    tax rate from exceeding the rate limitation imposed by law
10    on taxes levied for general corporate purposes.
11    Revenues derived from such tax shall be paid to the
12treasurer of the local taxing entity as collected and used for
13the purposes of this Section and of Section 9-102, 9-103, 9-104
14or 9-105, as the case may be. If payments on account of such
15taxes are insufficient during any year to meet such purposes,
16the entity may issue tax anticipation warrants against the
17current tax levy in the manner provided by statute.
18(Source: P.A. 95-244, eff. 8-17-07; 95-723, eff. 6-23-08.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".