Illinois General Assembly - Full Text of HB3739
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Full Text of HB3739  102nd General Assembly

HB3739enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3739 EnrolledLRB102 14540 CPF 19893 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Lead Service
5Line Replacement and Notification Act.
 
6    Section 5. The Department of Commerce and Economic
7Opportunity Law of the Civil Administrative Code of Illinois
8is amended by adding Section 605-870 as follows:
 
9    (20 ILCS 605/605-870 new)
10    Sec. 605-870. Low-income water assistance policy and
11program.
12    (a) The Department shall by rule establish a comprehensive
13low-income water assistance policy and program that
14incorporates financial assistance and includes, but is not
15limited to, water efficiency or water quality projects, such
16as lead service line replacement, or other measures to ensure
17that residents have access to affordable and clean water. The
18policy and program shall not jeopardize the ability of public
19utilities, community water supplies, or other entities to
20receive just compensation for providing services. The
21resources applied in achieving the policy and program shall be
22coordinated and efficiently used through the integration of

 

 

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1public programs and through the targeting of assistance. The
2rule or rules shall be adopted within 180 days after receiving
3an appropriation for the program.
4    (b) Any person who is a resident of the State and whose
5household income is not greater than an amount determined
6annually by the Department may apply for assistance under this
7Section in accordance with rules adopted by the Department. In
8setting the annual eligibility level, the Department shall
9consider the amount of available funding and may not set a
10limit higher than 150% of the poverty guidelines updated
11periodically in the Federal Register by the U.S. Department of
12Health and Human Services under the authority of 42 U.S.C.
139902(2).
14    (c) Applicants who qualify for assistance under subsection
15(b) shall, subject to appropriation from the General Assembly
16and availability of funds by the Department, receive
17assistance as provided under this Section. The Department,
18upon receipt of moneys authorized under this Section for
19assistance, shall commit funds for each qualified applicant in
20an amount determined by the Department. In determining the
21amounts of assistance to be provided to or on behalf of a
22qualified applicant the Department shall ensure that the
23highest amounts of assistance go to households with the
24greatest water costs in relation to household income. The
25Department may consider factors such as water costs, household
26size, household income, and region of the State when

 

 

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1determining individual household benefits. In adopting rules
2for the administration of this Section, the Department shall
3ensure that a minimum of one-third of the funds for the program
4are available for benefits to eligible households with the
5lowest incomes and that elderly households, households with
6persons with disabilities, and households with children under
76 years of age are offered a priority application period.
8    (d) Application materials for the program shall be made
9available in multiple languages.
 
10    Section 10. The State Finance Act is amended by adding
11Section 5.938 as follows:
 
12    (30 ILCS 105/5.938 new)
13    Sec. 5.938. The Lead Service Line Replacement Fund.
 
14    Section 15. The Environmental Protection Act is amended by
15adding Section 17.12 as follows:
 
16    (415 ILCS 5/17.12 new)
17    Sec. 17.12. Lead service line replacement and
18notification.
19    (a) The purpose of this Act is to: (1) require the owners
20and operators of community water supplies to develop,
21implement, and maintain a comprehensive water service line
22material inventory and a comprehensive lead service line

 

 

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1replacement plan, provide notice to occupants of potentially
2affected buildings before any construction or repair work on
3water mains or lead service lines, and request access to
4potentially affected buildings before replacing lead service
5lines; and (2) prohibit partial lead service line
6replacements, except as authorized within this Section.
7    (b) The General Assembly finds and declares that:
8        (1) There is no safe level of exposure to heavy metal
9    lead, as found by the United States Environmental
10    Protection Agency and the Centers for Disease Control and
11    Prevention.
12        (2) Lead service lines can convey this harmful
13    substance to the drinking water supply.
14        (3) According to the Illinois Environmental Protection
15    Agency's 2018 Service Line Material Inventory, the State
16    of Illinois is estimated to have over 680,000 lead-based
17    service lines still in operation.
18        (4) The true number of lead service lines is not fully
19    known because Illinois lacks an adequate inventory of lead
20    service lines.
21        (5) For the general health, safety and welfare of its
22    residents, all lead service lines in Illinois should be
23    disconnected from the drinking water supply, and the
24    State's drinking water supply.
25    (c) In this Section:
26    "Advisory Board" means the Lead Service Line Replacement

 

 

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1Advisory Board created under subsection (x).
2    "Community water supply" has the meaning ascribed to it in
3Section 3.145 of this Act.
4    "Department" means the Department of Public Health.
5    "Emergency repair" means any unscheduled water main, water
6service, or water valve repair or replacement that results
7from failure or accident.
8    "Fund" means the Lead Service Line Replacement Fund
9created under subsection (bb).
10    "Lead service line" means a service line made of lead or
11service line connected to a lead pigtail, lead gooseneck, or
12other lead fitting.
13    "Material inventory" means a water service line material
14inventory developed by a community water supply under this
15Act.
16    "Noncommunity water supply" has the meaning ascribed to it
17in Section 3.145 of the Environmental Protection Act.
18    "NSF/ANSI Standard" means a water treatment standard
19developed by NSF International.
20    "Partial lead service line replacement" means replacement
21of only a portion of a lead service line.
22    "Potentially affected building" means any building that is
23provided water service through a service line that is either a
24lead service line or a suspected lead service line.
25    "Public water supply" has the meaning ascribed to it in
26Section 3.365 of this Act.

 

 

HB3739 Enrolled- 6 -LRB102 14540 CPF 19893 b

1    "Service line" means the piping, tubing, and necessary
2appurtenances acting as a conduit from the water main or
3source of potable water supply to the building plumbing at the
4first shut-off valve or 18 inches inside the building,
5whichever is shorter.
6    "Suspected lead service line" means a service line that a
7community water supply finds more likely than not to be made of
8lead after completing the requirements under paragraphs (2)
9through (5) of subsection (h).
10    "Small system" means a community water supply that
11regularly serves water to 3,300 or fewer persons.
12    (d) An owner or operator of a community water supply
13shall:
14        (1) develop an initial material inventory by April 15,
15    2022 and electronically submit by April 15, 2023 an
16    updated material inventory electronically to the Agency;
17    and
18        (2) deliver a complete material inventory to the
19    Agency no later than April 15, 2024, or such time as
20    required by federal law, whichever is sooner. The complete
21    inventory shall report the composition of all service
22    lines in the community water supply's distribution system.
23    (e) The Agency shall review and approve the final material
24inventory submitted to it under subsection (d).
25    (f) If a community water supply does not submit a complete
26inventory to the Agency by April 15, 2024 under paragraph (2)

 

 

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1of subsection (d), the community water supply may apply for an
2extension to the Agency no less than 3 months prior to the due
3date. The Agency shall develop criteria for granting material
4inventory extensions. When considering requests for extension,
5the Agency shall, at a minimum, consider:
6        (1) the number of service connections in a water
7    supply; and
8        (2) the number of service lines of an unknown material
9    composition.
10    (g) A material inventory prepared for a community water
11supply under subsection (d) shall identify:
12        (1) the total number of service lines connected to the
13    community water supply's distribution system;
14        (2) the materials of construction of each service line
15    connected to the community water supply's distribution
16    system;
17        (3) the number of suspected lead service lines that
18    were newly identified in the material inventory for the
19    community water supply after the community water supply
20    last submitted a service line inventory to the Agency; and
21        (4) the number of suspected or known lead service
22    lines that were replaced after the community water supply
23    last submitted a service line inventory to the Agency, and
24    the material of the service line that replaced each lead
25    service line.
26    When identifying the materials of construction under

 

 

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1paragraph (2) of this subsection, the owner or operator of the
2community water supply shall to the best of the owner's or
3operator's ability identify the type of construction material
4used on the customer's side of the curb box, meter, or other
5line of demarcation and the community water supply's side of
6the curb box, meter, or other line of demarcation.
7    (h) In completing a material inventory under subsection
8(d), the owner or operator of a community water supply shall:
9        (1) prioritize inspections of high-risk areas
10    identified by the community water supply and inspections
11    of high-risk facilities, such as preschools, day care
12    centers, day care homes, group day care homes, parks,
13    playgrounds, hospitals, and clinics, and confirm service
14    line materials in those areas and at those facilities;
15        (2) review historical documentation, such as
16    construction logs or cards, as-built drawings, purchase
17    orders, and subdivision plans, to determine service line
18    material construction;
19        (3) when conducting distribution system maintenance,
20    visually inspect service lines and document materials of
21    construction;
22        (4) identify any time period when the service lines
23    being connected to its distribution system were primarily
24    lead service lines, if such a time period is known or
25    suspected; and
26        (5) discuss service line repair and installation with

 

 

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1    its employees, contractors, plumbers, other workers who
2    worked on service lines connected to its distribution
3    system, or all of the above.
4    (i) The owner or operator of each community water supply
5shall maintain records of persons who refuse to grant access
6to the interior of a building for purposes of identifying the
7materials of construction of a service line. If a community
8water supply has been denied access on the property or to the
9interior of a building for that reason, then the community
10water supply shall attempt to identify the service line as a
11suspected lead service line, unless documentation is provided
12showing otherwise.
13    (j) If a community water supply identifies a lead service
14line connected to a building, the owner or operator of the
15community water supply shall attempt to notify the owner of
16the building and all occupants of the building of the
17existence of the lead service line within 15 days after
18identifying the lead service line, or as soon as is reasonably
19possible thereafter. Individual written notice shall be given
20according to the provisions of subsection (jj).
21    (k) An owner or operator of a community water supply has no
22duty to include in the material inventory required under
23subsection (d) information about service lines that are
24physically disconnected from a water main in its distribution
25system.
26    (l) The owner or operator of each community water supply

 

 

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1shall post on its website a copy of the most recently submitted
2material inventory or alternatively may request that the
3Agency post a copy of that material inventory on the Agency's
4website.
5    (m) Nothing in this Section shall be construed to require
6service lines to be unearthed for the sole purpose of
7inventorying.
8    (n) When an owner or operator of a community water supply
9awards a contract under this Section, the owner or operator
10shall make a good faith effort to use contractors and vendors
11owned by minority persons, women, and persons with a
12disability, as those terms are defined in Section 2 of the
13Business Enterprise for Minorities, Women, and Persons with
14Disabilities Act, for not less than 20% of the total
15contracts, provided that:
16        (1) contracts representing at least 11% of the total
17    projects shall be awarded to minority-owned businesses, as
18    defined in Section 2 of the Business Enterprise for
19    Minorities, Women, and Persons with Disabilities Act;
20        (2) contracts representing at least 7% of the total
21    projects shall be awarded to women-owned businesses, as
22    defined in Section 2 of the Business Enterprise for
23    Minorities, Women, and Persons with Disabilities Act; and
24        (3) contracts representing at least 2% of the total
25    projects shall be awarded to businesses owned by persons
26    with a disability.

 

 

HB3739 Enrolled- 11 -LRB102 14540 CPF 19893 b

1    Owners or operators of a community water supply are
2encouraged to divide projects, whenever economically feasible,
3into contracts of smaller size that ensure small business
4contractors or vendors shall have the ability to qualify in
5the applicable bidding process, when determining the ability
6to deliver on a given contract based on scope and size, as a
7responsible and responsive bidder.
8    When a contractor or vendor submits a bid or letter of
9intent in response to a request for proposal or other bid
10submission, the contractor or vendor shall include with its
11responsive documents a utilization plan that shall address how
12compliance with applicable good faith requirements set forth
13in this subsection shall be addressed.
14    Under this subsection, "good faith effort" means a
15community water supply has taken all necessary steps to comply
16with the goals of this subsection by complying with the
17following:
18        (1) Soliciting through reasonable and available means
19    the interest of a business, as defined in Section 2 of the
20    Business Enterprise for Minorities, Women, and Persons
21    with Disabilities Act, that have the capability to perform
22    the work of the contract. The community water supply must
23    solicit this interest within sufficient time to allow
24    certified businesses to respond.
25        (2) Providing interested certified businesses with
26    adequate information about the plans, specifications, and

 

 

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1    requirements of the contract, including addenda, in a
2    timely manner to assist them in responding to the
3    solicitation.
4        (3) Meeting in good faith with interested certified
5    businesses that have submitted bids.
6        (4) Effectively using the services of the State,
7    minority or women community organizations, minority or
8    women contractor groups, local, State, and federal
9    minority or women business assistance offices, and other
10    organizations to provide assistance in the recruitment and
11    placement of certified businesses.
12        (5) Making efforts to use appropriate forums for
13    purposes of advertising subcontracting opportunities
14    suitable for certified businesses.
15    The diversity goals defined in this subsection can be met
16through direct award to diverse contractors and through the
17use of diverse subcontractors and diverse vendors to
18contracts.
19    (o) An owner or operator of a community water supply shall
20collect data necessary to ensure compliance with subsection
21(n) no less than semi-annually and shall include progress
22toward compliance of subsection (n) in the owner or operator's
23report required under subsection (t-5). The report must
24include data on vendor and employee diversity, including data
25on the owner's or operator's implementation of subsection (n).
26    (p) Every owner or operator of a community water supply

 

 

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1that has known or suspected lead service lines shall:
2        (1) create a plan to:
3            (A) replace each lead service line connected to
4        its distribution system; and
5            (B) replace each galvanized service line connected
6        to its distribution system, if the galvanized service
7        line is or was connected downstream to lead piping;
8        and
9        (2) electronically submit, by April 15, 2024 its
10    initial lead service line replacement plan to the Agency;
11        (3) electronically submit by April 15 of each year
12    after 2024 until April 15, 2027 an updated lead service
13    line replacement plan to the Agency for review; the
14    updated replacement plan shall account for changes in the
15    number of lead service lines or unknown service lines in
16    the material inventory described in subsection (d);
17        (4) electronically submit by April 15, 2027 a complete
18    and final replacement plan to the Agency for approval; the
19    complete and final replacement plan shall account for all
20    known and suspected lead service lines documented in the
21    final material inventory described under paragraph (3) of
22    subsection (d); and
23        (5) post on its website a copy of the plan most
24    recently submitted to the Agency or may request that the
25    Agency post a copy of that plan on the Agency's website.
26    (q) Each plan required under paragraph (1) of subsection

 

 

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1(p) shall include the following:
2        (1) the name and identification number of the
3    community water supply;
4        (2) the total number of service lines connected to the
5    distribution system of the community water supply;
6        (3) the total number of suspected lead service lines
7    connected to the distribution system of the community
8    water supply;
9        (4) the total number of known lead service lines
10    connected to the distribution system of the community
11    water supply;
12        (5) the total number of lead service lines connected
13    to the distribution system of the community water supply
14    that have been replaced each year beginning in 2020;
15        (6) a proposed lead service line replacement schedule
16    that includes one-year, 5-year, 10-year, 15-year, 20-year,
17    25-year, and 30-year goals;
18        (7) an analysis of costs and financing options for
19    replacing the lead service lines connected to the
20    community water supply's distribution system, which shall
21    include, but shall not be limited to:
22            (A) a detailed accounting of costs associated with
23        replacing lead service lines and galvanized lines that
24        are or were connected downstream to lead piping;
25            (B) measures to address affordability and prevent
26        service shut-offs for customers or ratepayers; and

 

 

HB3739 Enrolled- 15 -LRB102 14540 CPF 19893 b

1            (C) consideration of different scenarios for
2        structuring payments between the utility and its
3        customers over time; and
4        (8) a plan for prioritizing high-risk facilities, such
5    as preschools, day care centers, day care homes, group day
6    care homes, parks, playgrounds, hospitals, and clinics, as
7    well as high-risk areas identified by the community water
8    supply;
9        (9) a map of the areas where lead service lines are
10    expected to be found and the sequence with which those
11    areas will be inventoried and lead service lines replaced;
12        (10) measures for how the community water supply will
13    inform the public of the plan and provide opportunity for
14    public comment; and
15        (11) measures to encourage diversity in hiring in the
16    workforce required to implement the plan as identified
17    under subsection (n).
18    (r) The Agency shall review final plans submitted to it
19under subsection (p). The Agency shall approve a final plan if
20the final plan includes all of the elements set forth under
21subsection (q) and the Agency determines that:
22        (1) the proposed lead service line replacement
23    schedule set forth in the plan aligns with the timeline
24    requirements set forth under subsection (v);
25        (2) the plan prioritizes the replacement of lead
26    service lines that provide water service to high-risk

 

 

HB3739 Enrolled- 16 -LRB102 14540 CPF 19893 b

1    facilities, such as preschools, day care centers, day care
2    homes, group day care homes, parks, playgrounds,
3    hospitals, and clinics, and high-risk areas identified by
4    the community water supply;
5        (3) the plan includes analysis of cost and financing
6    options; and
7        (4) the plan provides documentation of public review.
8    (s) An owner or operator of a community water supply has no
9duty to include in the plans required under subsection (p)
10information about service lines that are physically
11disconnected from a water main in its distribution system.
12    (t) If a community water supply does not deliver a
13complete plan to the Agency by April 15, 2027, the community
14water supply may apply to the Agency for an extension no less
15than 3 months prior to the due date. The Agency shall develop
16criteria for granting plan extensions. When considering
17requests for extension, the Agency shall, at a minimum,
18consider:
19        (1) the number of service connections in a water
20    supply; and
21        (2) the number of service lines of an unknown material
22    composition.
23    (t-5) After the Agency has approved the final replacement
24plan described in subsection (p), the owner or operator of a
25community water supply shall submit a report detailing
26progress toward plan goals to the Agency for its review. The

 

 

HB3739 Enrolled- 17 -LRB102 14540 CPF 19893 b

1report shall be submitted annually for the first 10 years, and
2every 3 years thereafter until all lead service lines have
3been replaced. Reports under this subsection shall be
4published in the same manner described in subsection (l). The
5report shall include at least the following information as it
6pertains to the preceding reporting period:
7        (1) The number of lead service lines replaced and the
8    average cost of lead service line replacement.
9        (2) Progress toward meeting hiring requirements as
10    described in subsection (n) and subsection (o).
11        (3) The percent of customers electing a waiver
12    offered, as described in subsections (ii) and (jj), among
13    those customers receiving a request or notification to
14    perform a lead service line replacement.
15        (4) The method or methods used by the community water
16    supply to finance lead service line replacement.
17    (u) Notwithstanding any other provision of law, in order
18to provide for costs associated with lead service line
19remediation and replacement, the corporate authorities of a
20municipality may, by ordinance or resolution by the corporate
21authorities, exercise authority provided in Section 27-5 et
22seq. of the Property Tax Code and Sections 8-3-1, 8-11-1,
238-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq.,
2411-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes
25levied for this purpose shall be in addition to taxes for
26general purposes authorized under Section 8-3-1 of the

 

 

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1Illinois Municipal Code and shall be included in the taxing
2district's aggregate extension for the purposes of Division 5
3of Article 18 of the Property Tax Code.
4    (v) Every owner or operator of a community water supply
5shall replace all known lead service lines, subject to the
6requirements of subsection (ff), according to the following
7replacement rates and timelines to be calculated from the date
8of submission of the final replacement plan to the Agency:
9        (1) A community water supply reporting 1,200 or fewer
10    lead service lines in its final inventory and replacement
11    plan shall replace all lead service lines, at an annual
12    rate of no less than 7% of the amount described in the
13    final inventory, with a timeline of up to 15 years for
14    completion.
15        (2) A community water supply reporting more than 1,200
16    but fewer than 5,000 lead service lines in its final
17    inventory and replacement plan shall replace all lead
18    service lines, at an annual rate of no less than 6% of the
19    amount described in the final inventory, with a timeline
20    of up to 17 years for completion.
21        (3) A community water supply reporting more than 4,999
22    but fewer than 10,000 lead service lines in its final
23    inventory and replacement plan shall replace all lead
24    service lines, at an annual rate of no less than 5% of the
25    amount described in the final inventory, with a timeline
26    of up to 20 years for completion.

 

 

HB3739 Enrolled- 19 -LRB102 14540 CPF 19893 b

1        (4) A community water supply reporting more than 9,999
2    but fewer than 99,999 lead service lines in its final
3    inventory and replacement plan shall replace all lead
4    service lines, at an annual rate of no less than 3% of the
5    amount described in the final inventory, with a timeline
6    of up to 34 years for completion.
7        (5) A community water supply reporting more than
8    99,999 lead service lines in its final inventory and
9    replacement plan shall replace all lead service lines, at
10    an annual rate of no less than 2% of the amount described
11    in the final inventory, with a timeline of up to 50 years
12    for completion.
13    (w) A community water supply may apply to the Agency for an
14extension to the replacement timelines described in paragraphs
15(1) through (5) of subsection (v). The Agency shall develop
16criteria for granting replacement timeline extensions. When
17considering requests for timeline extensions, the Agency
18shall, at a minimum, consider:
19        (1) the number of service connections in a water
20    supply; and
21        (2) unusual circumstances creating hardship for a
22    community.
23    The Agency may grant one extension of additional time
24equal to not more than 20% of the original replacement
25timeline, except in situations of extreme hardship in which
26the Agency may consider a second additional extension equal to

 

 

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1not more than 10% of the original replacement timeline.
2    Replacement rates and timelines shall be calculated from
3the date of submission of the final plan to the Agency.
4    (x) The Lead Service Line Replacement Advisory Board is
5created within the Agency. The Advisory Board shall convene
6within 120 days after the effective date of this amendatory
7Act of the 102nd General Assembly.
8    The Advisory Board shall consist of at least 28 voting
9members, as follows:
10        (1) the Director of the Agency, or his or her
11    designee, who shall serve as chairperson;
12        (2) the Director of Revenue, or his or her designee;
13        (3) the Director of Public Health, or his or her
14    designee;
15        (4) fifteen members appointed by the Agency as
16    follows:
17            (A) one member representing a statewide
18        organization of municipalities as authorized by
19        Section 1-8-1 of the Illinois Municipal Code;
20            (B) two members who are mayors representing
21        municipalities located in any county south of the
22        southernmost county represented by one of the 10
23        largest municipalities in Illinois by population, or
24        their respective designees;
25            (C) two members who are representatives from
26        public health advocacy groups;

 

 

HB3739 Enrolled- 21 -LRB102 14540 CPF 19893 b

1            (D) two members who are representatives from
2        publicly-owned water utilities;
3            (E) one member who is a representative from a
4        public utility as defined under Section 3-105 of the
5        Public Utilities Act that provides water service in
6        the State of Illinois;
7            (F) one member who is a research professional
8        employed at an Illinois academic institution and
9        specializing in water infrastructure research;
10            (G) two members who are representatives from
11        nonprofit civic organizations;
12            (H) one member who is a representative from a
13        statewide organization representing environmental
14        organizations;
15            (I) two members who are representatives from
16        organized labor; and
17            (J) one member representing an environmental
18        justice organization; and
19        (5) ten members who are the mayors of the 10 largest
20    municipalities in Illinois by population, or their
21    respective designees.
22    No less than 10 of the 28 voting members shall be persons
23of color, and no less than 3 shall represent communities
24defined or self-identified as environmental justice
25communities.
26    Advisory Board members shall serve without compensation,

 

 

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1but may be reimbursed for necessary expenses incurred in the
2performance of their duties from funds appropriated for that
3purpose. The Agency shall provide administrative support to
4the Advisory Board.
5    The Advisory Board shall meet no less than once every 6
6months.
7    (y) The Advisory Board shall have, at a minimum, the
8following duties:
9        (1) advising the Agency on best practices in lead
10    service line replacement;
11        (2) reviewing the progress of community water supplies
12    toward lead service line replacement goals;
13        (3) advising the Agency on other matters related to
14    the administration of the provisions of this Section;
15        (4) advising the Agency on the integration of existing
16    lead service line replacement plans with any statewide
17    plan; and
18        (5) providing technical support and practical
19    expertise in general.
20    (z) Within 18 months after the effective date of this
21amendatory Act of the 102nd General Assembly, the Advisory
22Board shall deliver a report of its recommendations to the
23Governor and the General Assembly concerning opportunities for
24dedicated, long-term revenue options for funding lead service
25line replacement. In submitting recommendations, the Advisory
26Board shall consider, at a minimum, the following:

 

 

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1        (1) the sufficiency of various revenue sources to
2    adequately fund replacement of all lead service lines in
3    Illinois;
4        (2) the financial burden, if any, on households
5    falling below 150% of the federal poverty limit;
6        (3) revenue options that guarantee low-income
7    households are protected from rate increases;
8        (4) an assessment of the ability of community water
9    supplies to assess and collect revenue;
10        (5) variations in financial resources among individual
11    households within a service area; and
12        (6) the protection of low-income households from rate
13    increases.
14    (aa) Within 10 years after the effective date of this
15amendatory Act of the 102nd General Assembly, the Advisory
16Board shall prepare and deliver a report to the Governor and
17General Assembly concerning the status of all lead service
18line replacement within the State.
19    (bb) The Lead Service Line Replacement Fund is created as
20a special fund in the State treasury to be used by the Agency
21for the purposes provided under this Section. The Fund shall
22be used exclusively to finance and administer programs and
23activities specified under this Section and listed under this
24subsection.
25    The objective of the Fund is to finance activities
26associated with identifying and replacing lead service lines,

 

 

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1build Agency capacity to oversee the provisions of this
2Section, and provide related assistance for the activities
3listed under this subsection.
4    The Agency shall be responsible for the administration of
5the Fund and shall allocate moneys on the basis of priorities
6established by the Agency through administrative rule. On July
71, 2022 and on July 1 of each year thereafter, the Agency shall
8determine the available amount of resources in the Fund that
9can be allocated to the activities identified under this
10Section and shall allocate the moneys accordingly.
11    Notwithstanding any other law to the contrary, the Lead
12Service Line Replacement Fund is not subject to sweeps,
13administrative charge-backs, or any other fiscal maneuver that
14would in any way transfer any amounts from the Lead Service
15Line Replacement Fund into any other fund of the State.
16    (cc) Within one year after the effective date of this
17amendatory Act of the 102 General Assembly, the Agency shall
18design rules for a program for the purpose of administering
19lead service line replacement funds. The rules must, at
20minimum, contain:
21        (1) the process by which community water supplies may
22    apply for funding; and
23        (2) the criteria for determining unit of local
24    government eligibility and prioritization for funding,
25    including the prevalence of low-income households, as
26    measured by median household income, the prevalence of

 

 

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1    lead service lines, and the prevalence of water samples
2    that demonstrate elevated levels of lead.
3    (dd) Funding under subsection (cc) shall be available for
4costs directly attributable to the planning, design, or
5construction directly related to the replacement of lead
6service lines and restoration of property.
7    Funding shall not be used for the general operating
8expenses of a municipality or community water supply.
9    (ee) An owner or operator of any community water supply
10receiving grant funding under subsection (cc) shall bear the
11entire expense of full lead service line replacement for all
12lead service lines in the scope of the grant.
13    (ff) When replacing a lead service line, the owner or
14operator of the community water supply shall replace the
15service line in its entirety, including, but not limited to,
16any portion of the service line (i) running on private
17property and (ii) within the building's plumbing at the first
18shut-off valve. Partial lead service line replacements are
19expressly prohibited. Exceptions shall be made under the
20following circumstances:
21        (1) In the event of an emergency repair that affects a
22    lead service line or a suspected lead service line, a
23    community water supply must contact the building owner to
24    begin the process of replacing the entire service line. If
25    the building owner is not able to be contacted or the
26    building owner or occupant refuses to grant access and

 

 

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1    permission to replace the entire service line at the time
2    of the emergency repair, then the community water supply
3    may perform a partial lead service line replacement. Where
4    an emergency repair on a service line constructed of lead
5    or galvanized steel pipe results in a partial service line
6    replacement, the water supply responsible for commencing
7    the repair shall perform the following:
8            (A) Notify the building's owner or operator and
9        the resident or residents served by the lead service
10        line in writing that a repair has been completed. The
11        notification shall include, at a minimum:
12                (i) a warning that the work may result in
13            sediment, possibly containing lead, in the
14            buildings water supply system;
15                (ii) information concerning practices for
16            preventing the consumption of any lead in drinking
17            water, including a recommendation to flush water
18            distribution pipe during and after the completion
19            of the repair or replacement work and to clean
20            faucet aerator screens; and
21                (iii) information regarding the dangers of
22            lead to young children and pregnant women.
23            (B) Provide filters for at least one fixture
24        supplying potable water for consumption. The filter
25        must be certified by an accredited third-party
26        certification body to NSF/ANSI 53 and NSF/ANSI 42 for

 

 

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1        the reduction of lead and particulate. The filter must
2        be provided until such time that the remaining
3        portions of the service line have been replaced with a
4        material approved by the Department or a waiver has
5        been issued under subsection (ii).
6            (C) Replace the remaining portion of the lead
7        service line within 30 days of the repair, or 120 days
8        in the event of weather or other circumstances beyond
9        reasonable control that prohibits construction. If a
10        complete lead service line replacement cannot be made
11        within the required period, the community water supply
12        responsible for commencing the repair shall notify the
13        Department in writing, at a minimum, of the following
14        within 24 hours of the repair:
15                (i) an explanation of why it is not feasible
16            to replace the remaining portion of the lead
17            service line within the allotted time; and
18                (ii) a timeline for when the remaining portion
19            of the lead service line will be replaced.
20            (D) If complete repair of a lead service line
21        cannot be completed due to denial by the property
22        owner, the community water supply commencing the
23        repair shall request the affected property owner to
24        sign a waiver developed by the Department. If a
25        property owner of a nonresidential building or
26        residence operating as rental properties denies a

 

 

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1        complete lead service line replacement, the property
2        owner shall be responsible for installing and
3        maintaining point-of-use filters certified by an
4        accredited third-party certification body to NSF/ANSI
5        53 and NSF/ANSI 42 for the reduction of lead and
6        particulate at all fixtures intended to supply water
7        for the purposes of drinking, food preparation, or
8        making baby formula. The filters shall continue to be
9        supplied by the property owner until such time that
10        the property owner has affected the remaining portions
11        of the lead service line to be replaced.
12            (E) Document any remaining lead service line,
13        including a portion on the private side of the
14        property, in the community water supply's distribution
15        system materials inventory required under subsection
16        (d).
17        For the purposes of this paragraph (1), written notice
18    shall be provided in the method and according to the
19    provisions of subsection (jj).
20        (2) Lead service lines that are physically
21    disconnected from the distribution system are exempt from
22    this subsection.
23    (gg) Except as provided in subsection (hh), on and after
24January 1, 2022, when the owner or operator of a community
25water supply replaces a water main, the community water supply
26shall identify all lead service lines connected to the water

 

 

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1main and shall replace the lead service lines by:
2        (1) identifying the material or materials of each lead
3    service line connected to the water main, including, but
4    not limited to, any portion of the service line (i)
5    running on private property and (ii) within the building
6    plumbing at the first shut-off valve or 18 inches inside
7    the building, whichever is shorter;
8        (2) in conjunction with replacement of the water main,
9    replacing any and all portions of each lead service line
10    connected to the water main that are composed of lead; and
11        (3) if a property owner or customer refuses to grant
12    access to the property, following prescribed notice
13    provisions as outlined in subsection (ff).
14    If an owner of a potentially affected building intends to
15replace a portion of a lead service line or a galvanized
16service line and the galvanized service line is or was
17connected downstream to lead piping, then the owner of the
18potentially affected building shall provide the owner or
19operator of the community water supply with notice at least 45
20days before commencing the work. In the case of an emergency
21repair, the owner of the potentially affected building must
22provide filters for each kitchen area that are certified by an
23accredited third-party certification body to NSF/ANSI 53 and
24NSF/ANSI 42 for the reduction of lead and particulate. If the
25owner of the potentially affected building notifies the owner
26or operator of the community water supply that replacement of

 

 

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1a portion of the lead service line after the emergency repair
2is completed, then the owner or operator of the community
3water supply shall replace the remainder of the lead service
4line within 30 days after completion of the emergency repair.
5A community water supply may take up to 120 days if necessary
6due to weather conditions. If a replacement takes longer than
730 days, filters provided by the owner of the potentially
8affected building must be replaced in accordance with the
9manufacturer's recommendations. Partial lead service line
10replacements by the owners of potentially affected buildings
11are otherwise prohibited.
12    (hh) For municipalities with a population in excess of
131,000,000 inhabitants, the requirements of subsection (gg)
14shall commence on January 1, 2023.
15    (ii) At least 45 days before conducting planned lead
16service line replacement, the owner or operator of a community
17water supply shall, by mail, attempt to contact the owner of
18the potentially affected building serviced by the lead service
19line to request access to the building and permission to
20replace the lead service line in accordance with the lead
21service line replacement plan. If the owner of the potentially
22affected building does not respond to the request within 15
23days after the request is sent, the owner or operator of the
24community water supply shall attempt to post the request on
25the entrance of the potentially affected building.
26    If the owner or operator of a community water supply is

 

 

HB3739 Enrolled- 31 -LRB102 14540 CPF 19893 b

1unable to obtain approval to access and replace a lead service
2line, the owner or operator of the community water supply
3shall request that the owner of the potentially affected
4building sign a waiver. The waiver shall be developed by the
5Department and should be made available in the owner's
6language. If the owner of the potentially affected building
7refuses to sign the waiver or fails to respond to the community
8water supply after the community water supply has complied
9with this subsection, then the community water supply shall
10notify the Department in writing within 15 working days.
11    (jj) When replacing a lead service line or repairing or
12replacing water mains with lead service lines or partial lead
13service lines attached to them, the owner or operator of a
14community water supply shall provide the owner of each
15potentially affected building that is serviced by the affected
16lead service lines or partial lead service lines, as well as
17the occupants of those buildings, with an individual written
18notice. The notice shall be delivered by mail or posted at the
19primary entranceway of the building. The notice may, in
20addition, be electronically mailed. Written notice shall
21include, at a minimum, the following:
22        (1) a warning that the work may result in sediment,
23    possibly containing lead from the service line, in the
24    building's water;
25        (2) information concerning the best practices for
26    preventing exposure to or risk of consumption of lead in

 

 

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1    drinking water, including a recommendation to flush water
2    lines during and after the completion of the repair or
3    replacement work and to clean faucet aerator screens; and
4        (3) information regarding the dangers of lead exposure
5    to young children and pregnant women.
6    When the individual written notice described in the first
7paragraph of this subsection is required as a result of
8planned work other than the repair or replacement of a water
9meter, the owner or operator of the community water supply
10shall provide the notice not less than 14 days before work
11begins. When the individual written notice described in the
12first paragraph of this subsection is required as a result of
13emergency repairs other than the repair or replacement of a
14water meter, the owner or operator of the community water
15supply shall provide the notice at the time the work is
16initiated. When the individual written notice described in the
17first paragraph of this subsection is required as a result of
18the repair or replacement of a water meter, the owner or
19operator of the community water supply shall provide the
20notice at the time the work is initiated.
21    The notifications required under this subsection must
22contain the following statement in the Spanish, Polish,
23Chinese, Tagalog, Arabic, Korean, German, Urdu, and Gujarati:
24"This notice contains important information about your water
25service and may affect your rights. We encourage you to have
26this notice translated in full into a language you understand

 

 

HB3739 Enrolled- 33 -LRB102 14540 CPF 19893 b

1and before you make any decisions that may be required under
2this notice."
3    An owner or operator of a community water supply that is
4required under this subsection to provide an individual
5written notice to the owner and occupant of a potentially
6affected building that is a multi-dwelling building may
7satisfy that requirement and the requirements of this
8subsection regarding notification to non-English speaking
9customers by posting the required notice on the primary
10entranceway of the building and at the location where the
11occupant's mail is delivered as reasonably as possible.
12    When this subsection would require the owner or operator
13of a community water supply to provide an individual written
14notice to the entire community served by the community water
15supply or would require the owner or operator of a community
16water supply to provide individual written notices as a result
17of emergency repairs or when the community water supply that
18is required to comply with this subsection is a small system,
19the owner or operator of the community water supply may
20provide the required notice through local media outlets,
21social media, or other similar means in lieu of providing the
22individual written notices otherwise required under this
23subsection.
24    No notifications are required under this subsection for
25work performed on water mains that are used to transmit
26treated water between community water supplies and properties

 

 

HB3739 Enrolled- 34 -LRB102 14540 CPF 19893 b

1that have no service connections.
2    (kk) No community water supply that sells water to any
3wholesale or retail consecutive community water supply may
4pass on any costs associated with compliance with this Section
5to consecutive systems.
6    (ll) To the extent allowed by law, when a community water
7supply replaces or installs a lead service line in a public
8right-of-way or enters into an agreement with a private
9contractor for replacement or installation of a lead service
10line, the community water supply shall be held harmless for
11all damage to property when replacing or installing the lead
12service line. If dangers are encountered that prevent the
13replacement of the lead service line, the community water
14supply shall notify the Department within 15 working days of
15why the replacement of the lead service line could not be
16accomplished.
17    (mm) The Agency may propose to the Board, and the Board may
18adopt, any rules necessary to implement and administer this
19Section. The Department may adopt rules necessary to address
20lead service lines attached to noncommunity water supplies.
21    (nn) Notwithstanding any other provision in this Section,
22no requirement in this Section shall be construed as being
23less stringent than existing applicable federal requirements.
24    (oo) All lead service line replacements financed in whole
25or in part with funds obtained under this Section shall be
26considered public works for purposes of the Prevailing Wage

 

 

HB3739 Enrolled- 35 -LRB102 14540 CPF 19893 b

1Act.
 
2    (415 ILCS 5/17.11 rep.)
3    Section 20. The Environmental Protection Act is amended by
4repealing Section 17.11.