SB0550sam002 99TH GENERAL ASSEMBLY

Sen. Heather A. Steans

Filed: 5/20/2016

09900SB0550sam002 LRB099 03301 MJP 48902 a

AMENDMENT TO SENATE BILL 550

AMENDMENT NO. ______. Amend Senate Bill 550 by replacing everything after the enacting clause with the following:

"Section 5. The Child Care Act of 1969 is amended by adding Section 5.9 as follows:

(225 ILCS 10/5.9 new)

Sec. 5.9. Lead testing of water in licensed day care centers, licensed day care homes, and licensed group day care homes.

(a) For the purposes of this Section:

"First draw-tap sample" means one liter of water that has stood motionless in the plumbing system of the sampling site for at least 6 hours.

"Source of potable water" means the point at which non-bottled water exits any tap, faucet, drinking fountain, or similar point of use likely to be ingested by children or used for food preparation.

(b) Effective January 1, 2017, licensed day care centers, licensed day care homes, and licensed group day care homes shall have all sources of potable water at the facility tested for lead at least once every 3 years. All samples tested pursuant to this section must be first-draw tap samples.

(c) Effective January 1, 2017, as part of an initial application or application for renewal of a license for day care centers, day care homes, and group day care homes, the Department shall require proof that all sources of potable water at the facility have been tested for lead within the last 3 years.

(d) The results of the most recent test of each source of potable water at the facility shall be posted in the facility next to the license issued by the Department. Copies of the results shall be provided to parents or guardians upon request. The results shall be compiled into a single document and shall include, at a minimum, the date, source of potable water and lead concentration of each sample test result. Any test result of 15 parts per billion (15 micrograms per liter) or greater shall be highlighted.

(e) Included with the tests results referenced in subsection (d) shall be the following statement:

"Every parent or guardian is notified that this facility has performed tests for lead from this facility's potable water sources. Elevated levels of lead in drinking water can cause serious health problems, especially for young children. Specific risks include damage to brain and kidneys, and interference with production of red blood cells that carry oxygen to all parts of the body. Scientists have linked the effects of lead on the brain with lowered IQ in children. Lead is stored in bones and it can be released later in life. There is no safe level of lead in drinking water or safe level of lead to ingest. However, State and Federal Safe Drinking Water Standards establish 15 parts per billion (15 micrograms per liter) of lead in drinking water as the lead action level."

(f) Licensed day care centers, licensed day care homes, and licensed group day care homes shall promptly submit the results of all tests for lead in the sources of potable water at their facilities to the Department and the Illinois Environmental Protection Agency.

Section 10. The Environmental Protection Act is amended by adding Section 17.11 as follows:

(415 ILCS 5/17.11 new)

Sec. 17.11. Lead in drinking water prevention.

(a) For the purposes of this Section:

"Child care facility" has the meaning ascribed to it in Section 2 of the Lead Poisoning Prevention Act.

"Governmental entity" means a State agency, a county, a municipality, a township, a public educational institution, a special district, or any political subdivision thereof.

"Potentially affected residence" means both (1) a residences within 300 feet of any portion of a water main or water service line owned by a community water supply on which repair or replacement work is done, and (2) the residence or residences serviced by the lead service line or water meter that is repaired or replaced.

"School" means any school district or public, private, or nonpublic day or residential educational institution, including charter schools, that provides elementary or secondary education for grade 12 or under.

(b) The owner or operator of a community water supply shall sample for lead at all potable water sources likely to be consumed by children or used for food preparation in all schools in its distribution system at least once during every 3 year sampling period. The first 3 year school sampling period begins January 1, 2017. The owner or operator of a community water supply shall submit the sample results to the Agency and school or child care facility within 2 business days of receipt of the results by the community water supply. The Agency shall publish all sample results on its website within 14 days of receipt by the Agency. If any sample exceeds the lead action level of 15 parts per billion (15 micrograms per liter) the school shall promptly notify the parents or legal guardians of all potentially affected students of the location of the exceedance and direct them to the United States Environmental Protection Agency's website for information about lead in drinking water.

(c) Within 180 days of the effective date of this amendatory Act of the 99th General Assembly, the owner or operator of a community water supply shall develop and submit to the Agency a plan to compile a comprehensive inventory of all lead service lines within the community water supply distribution system including privately owned lead service lines. At a minimum, the plan shall:

(1) include a procedure for determining whether any water service lines exposed as a result of construction or excavation by the community water supply or any other public utility are made of lead; and

(2) include a procedure by which the owner or operator of the community water supply will update the information in its lead service line inventory on at least an annual basis.

The owner or operator of a community water supply shall implement the lead service line inventory development plan in accordance with its terms.

(d) On or before April 15 of each year, the owner or operator of a community water supply shall submit to the Agency an inventory of all known lead service lines within its community water supply distribution system including privately owned lead service lines current through at least the end of the previous calendar year. The lead service line inventory shall separately identify the lead service lines that were added to the inventory after the previous year's submission. The lead service line inventory shall also include a summary that provides:

(1) the total number of service lines within the community water supply distribution system;

(2) the percentage of service lines that are known to contain lead;

(3) the percentage of service lines that are known to be of a material other than lead;

(4) the percentage of service lines added to the inventory after the previous submission of the annual lead line inventory; and

(5) the location of lead service lines within the community water supply distribution system and their lengths, if known.

(e) On or before June 30 of each year, the Agency shall publish on its website each community water supply's annual lead service line inventory, including the information listed in paragraphs (1) through (5) in subsection (d).

(f) Prior to January 1, 2018, each governmental entity in the State shall compile a comprehensive inventory of the lead service lines servicing the structures of which it is the owner. The governmental entity shall submit that inventory to the Agency and each community water supply of whose distribution system any of its lead service lines are a part. The owner or operator of a community water supply shall incorporate information concerning government building lead service line inventories submitted to it by any governmental entities into its lead service line inventory as soon as practicable after it receives such information.

(g) The owner or operator of a community water supply shall promptly notify the owners and occupants of a residence where any individual tap sample exceeds 15 parts per billion (15 micrograms per liter). The notification shall include:

(1) appropriate consumer education materials informing the owners and occupants of the health hazards associated with the ingestion of lead and actions that may be taken to reduce or eliminate lead levels in drinking water; and

(2) contact information for one or more individuals at the local or state health department who will be able to provide additional information concerning the health hazards of elevated lead levels in drinking water.

(h) The owner or operator of a community water supply shall, 14 days prior to beginning planned work to repair or replace any water mains, lead service lines or water meters, notify the owners and occupants of all potentially affected residences of the planned work. The notification shall include:

(1) a warning that the work may result in sediment, possibly containing lead, in the residence's water supply; and

(2) information concerning best practices for preventing the consumption of any lead in drinking water, including a recommendation to flush water lines during and after the completion of the repair or replacement work and to clean faucet aerator screens.".