Illinois General Assembly - Full Text of HB4295
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Full Text of HB4295  102nd General Assembly

HB4295 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4295

 

Introduced 1/5/2022, by Rep. Denyse Wang Stoneback - Lamont J. Robinson, Jr.

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/17.12

    Amends the Environmental Protection Act. In provisions regarding lead service line replacement and notification, provides that as lead service lines are replaced in accordance with the provisions, an owner or operator of a community water supply shall, when practicable, comply with specified provisions of the Illinois Plumbing Code. Provides that when doing so will create an undue hardship due to excessive structural or mechanical difficulty, or impracticability, the owner or operator of the community water supply shall automatically be granted a variance by the Department of Public Health and be exempt from the separation requirements of the specified provisions. Effective immediately.


LRB102 21457 CPF 30574 b

 

 

A BILL FOR

 

HB4295LRB102 21457 CPF 30574 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 5. The Environmental Protection Act is amended by
5changing Section 17.12 as follows:
 
6    (415 ILCS 5/17.12)
7    (This Section may contain text from a Public Act with a
8delayed effective date)
9    Sec. 17.12. Lead service line replacement and
10notification.
11    (a) The purpose of this Act is to: (1) require the owners
12and operators of community water supplies to develop,
13implement, and maintain a comprehensive water service line
14material inventory and a comprehensive lead service line
15replacement plan, provide notice to occupants of potentially
16affected buildings before any construction or repair work on
17water mains or lead service lines, and request access to
18potentially affected buildings before replacing lead service
19lines; and (2) prohibit partial lead service line
20replacements, except as authorized within this Section.
21    (b) The General Assembly finds and declares that:
22        (1) There is no safe level of exposure to heavy metal
23    lead, as found by the United States Environmental

 

 

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1    Protection Agency and the Centers for Disease Control and
2    Prevention.
3        (2) Lead service lines can convey this harmful
4    substance to the drinking water supply.
5        (3) According to the Illinois Environmental Protection
6    Agency's 2018 Service Line Material Inventory, the State
7    of Illinois is estimated to have over 680,000 lead-based
8    service lines still in operation.
9        (4) The true number of lead service lines is not fully
10    known because Illinois lacks an adequate inventory of lead
11    service lines.
12        (5) For the general health, safety and welfare of its
13    residents, all lead service lines in Illinois should be
14    disconnected from the drinking water supply, and the
15    State's drinking water supply.
16    (c) In this Section:
17    "Advisory Board" means the Lead Service Line Replacement
18Advisory Board created under subsection (x).
19    "Community water supply" has the meaning ascribed to it in
20Section 3.145 of this Act.
21    "Department" means the Department of Public Health.
22    "Emergency repair" means any unscheduled water main, water
23service, or water valve repair or replacement that results
24from failure or accident.
25    "Fund" means the Lead Service Line Replacement Fund
26created under subsection (bb).

 

 

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1    "Lead service line" means a service line made of lead or
2service line connected to a lead pigtail, lead gooseneck, or
3other lead fitting.
4    "Material inventory" means a water service line material
5inventory developed by a community water supply under this
6Act.
7    "Noncommunity water supply" has the meaning ascribed to it
8in Section 3.145 of the Environmental Protection Act.
9    "NSF/ANSI Standard" means a water treatment standard
10developed by NSF International.
11    "Partial lead service line replacement" means replacement
12of only a portion of a lead service line.
13    "Potentially affected building" means any building that is
14provided water service through a service line that is either a
15lead service line or a suspected lead service line.
16    "Public water supply" has the meaning ascribed to it in
17Section 3.365 of this Act.
18    "Service line" means the piping, tubing, and necessary
19appurtenances acting as a conduit from the water main or
20source of potable water supply to the building plumbing at the
21first shut-off valve or 18 inches inside the building,
22whichever is shorter.
23    "Suspected lead service line" means a service line that a
24community water supply finds more likely than not to be made of
25lead after completing the requirements under paragraphs (2)
26through (5) of subsection (h).

 

 

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1    "Small system" means a community water supply that
2regularly serves water to 3,300 or fewer persons.
3    (d) An owner or operator of a community water supply
4shall:
5        (1) develop an initial material inventory by April 15,
6    2022 and electronically submit by April 15, 2023 an
7    updated material inventory electronically to the Agency;
8    and
9        (2) deliver a complete material inventory to the
10    Agency no later than April 15, 2024, or such time as
11    required by federal law, whichever is sooner. The complete
12    inventory shall report the composition of all service
13    lines in the community water supply's distribution system.
14    (e) The Agency shall review and approve the final material
15inventory submitted to it under subsection (d).
16    (f) If a community water supply does not submit a complete
17inventory to the Agency by April 15, 2024 under paragraph (2)
18of subsection (d), the community water supply may apply for an
19extension to the Agency no less than 3 months prior to the due
20date. The Agency shall develop criteria for granting material
21inventory extensions. When considering requests for extension,
22the Agency shall, at a minimum, consider:
23        (1) the number of service connections in a water
24    supply; and
25        (2) the number of service lines of an unknown material
26    composition.

 

 

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1    (g) A material inventory prepared for a community water
2supply under subsection (d) shall identify:
3        (1) the total number of service lines connected to the
4    community water supply's distribution system;
5        (2) the materials of construction of each service line
6    connected to the community water supply's distribution
7    system;
8        (3) the number of suspected lead service lines that
9    were newly identified in the material inventory for the
10    community water supply after the community water supply
11    last submitted a service line inventory to the Agency; and
12        (4) the number of suspected or known lead service
13    lines that were replaced after the community water supply
14    last submitted a service line inventory to the Agency, and
15    the material of the service line that replaced each lead
16    service line.
17    When identifying the materials of construction under
18paragraph (2) of this subsection, the owner or operator of the
19community water supply shall to the best of the owner's or
20operator's ability identify the type of construction material
21used on the customer's side of the curb box, meter, or other
22line of demarcation and the community water supply's side of
23the curb box, meter, or other line of demarcation.
24    (h) In completing a material inventory under subsection
25(d), the owner or operator of a community water supply shall:
26        (1) prioritize inspections of high-risk areas

 

 

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1    identified by the community water supply and inspections
2    of high-risk facilities, such as preschools, day care
3    centers, day care homes, group day care homes, parks,
4    playgrounds, hospitals, and clinics, and confirm service
5    line materials in those areas and at those facilities;
6        (2) review historical documentation, such as
7    construction logs or cards, as-built drawings, purchase
8    orders, and subdivision plans, to determine service line
9    material construction;
10        (3) when conducting distribution system maintenance,
11    visually inspect service lines and document materials of
12    construction;
13        (4) identify any time period when the service lines
14    being connected to its distribution system were primarily
15    lead service lines, if such a time period is known or
16    suspected; and
17        (5) discuss service line repair and installation with
18    its employees, contractors, plumbers, other workers who
19    worked on service lines connected to its distribution
20    system, or all of the above.
21    (i) The owner or operator of each community water supply
22shall maintain records of persons who refuse to grant access
23to the interior of a building for purposes of identifying the
24materials of construction of a service line. If a community
25water supply has been denied access on the property or to the
26interior of a building for that reason, then the community

 

 

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1water supply shall attempt to identify the service line as a
2suspected lead service line, unless documentation is provided
3showing otherwise.
4    (j) If a community water supply identifies a lead service
5line connected to a building, the owner or operator of the
6community water supply shall attempt to notify the owner of
7the building and all occupants of the building of the
8existence of the lead service line within 15 days after
9identifying the lead service line, or as soon as is reasonably
10possible thereafter. Individual written notice shall be given
11according to the provisions of subsection (jj).
12    (k) An owner or operator of a community water supply has no
13duty to include in the material inventory required under
14subsection (d) information about service lines that are
15physically disconnected from a water main in its distribution
16system.
17    (l) The owner or operator of each community water supply
18shall post on its website a copy of the most recently submitted
19material inventory or alternatively may request that the
20Agency post a copy of that material inventory on the Agency's
21website.
22    (m) Nothing in this Section shall be construed to require
23service lines to be unearthed for the sole purpose of
24inventorying.
25    (n) When an owner or operator of a community water supply
26awards a contract under this Section, the owner or operator

 

 

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1shall make a good faith effort to use contractors and vendors
2owned by minority persons, women, and persons with a
3disability, as those terms are defined in Section 2 of the
4Business Enterprise for Minorities, Women, and Persons with
5Disabilities Act, for not less than 20% of the total
6contracts, provided that:
7        (1) contracts representing at least 11% of the total
8    projects shall be awarded to minority-owned businesses, as
9    defined in Section 2 of the Business Enterprise for
10    Minorities, Women, and Persons with Disabilities Act;
11        (2) contracts representing at least 7% of the total
12    projects shall be awarded to women-owned businesses, as
13    defined in Section 2 of the Business Enterprise for
14    Minorities, Women, and Persons with Disabilities Act; and
15        (3) contracts representing at least 2% of the total
16    projects shall be awarded to businesses owned by persons
17    with a disability.
18    Owners or operators of a community water supply are
19encouraged to divide projects, whenever economically feasible,
20into contracts of smaller size that ensure small business
21contractors or vendors shall have the ability to qualify in
22the applicable bidding process, when determining the ability
23to deliver on a given contract based on scope and size, as a
24responsible and responsive bidder.
25    When a contractor or vendor submits a bid or letter of
26intent in response to a request for proposal or other bid

 

 

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1submission, the contractor or vendor shall include with its
2responsive documents a utilization plan that shall address how
3compliance with applicable good faith requirements set forth
4in this subsection shall be addressed.
5    Under this subsection, "good faith effort" means a
6community water supply has taken all necessary steps to comply
7with the goals of this subsection by complying with the
8following:
9        (1) Soliciting through reasonable and available means
10    the interest of a business, as defined in Section 2 of the
11    Business Enterprise for Minorities, Women, and Persons
12    with Disabilities Act, that have the capability to perform
13    the work of the contract. The community water supply must
14    solicit this interest within sufficient time to allow
15    certified businesses to respond.
16        (2) Providing interested certified businesses with
17    adequate information about the plans, specifications, and
18    requirements of the contract, including addenda, in a
19    timely manner to assist them in responding to the
20    solicitation.
21        (3) Meeting in good faith with interested certified
22    businesses that have submitted bids.
23        (4) Effectively using the services of the State,
24    minority or women community organizations, minority or
25    women contractor groups, local, State, and federal
26    minority or women business assistance offices, and other

 

 

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1    organizations to provide assistance in the recruitment and
2    placement of certified businesses.
3        (5) Making efforts to use appropriate forums for
4    purposes of advertising subcontracting opportunities
5    suitable for certified businesses.
6    The diversity goals defined in this subsection can be met
7through direct award to diverse contractors and through the
8use of diverse subcontractors and diverse vendors to
9contracts.
10    (o) An owner or operator of a community water supply shall
11collect data necessary to ensure compliance with subsection
12(n) no less than semi-annually and shall include progress
13toward compliance of subsection (n) in the owner or operator's
14report required under subsection (t-5). The report must
15include data on vendor and employee diversity, including data
16on the owner's or operator's implementation of subsection (n).
17    (p) Every owner or operator of a community water supply
18that has known or suspected lead service lines shall:
19        (1) create a plan to:
20            (A) replace each lead service line connected to
21        its distribution system; and
22            (B) replace each galvanized service line connected
23        to its distribution system, if the galvanized service
24        line is or was connected downstream to lead piping;
25        and
26        (2) electronically submit, by April 15, 2024 its

 

 

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

 

 

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1    connected to the distribution system of the community
2    water supply;
3        (5) the total number of lead service lines connected
4    to the distribution system of the community water supply
5    that have been replaced each year beginning in 2020;
6        (6) a proposed lead service line replacement schedule
7    that includes one-year, 5-year, 10-year, 15-year, 20-year,
8    25-year, and 30-year goals;
9        (7) an analysis of costs and financing options for
10    replacing the lead service lines connected to the
11    community water supply's distribution system, which shall
12    include, but shall not be limited to:
13            (A) a detailed accounting of costs associated with
14        replacing lead service lines and galvanized lines that
15        are or were connected downstream to lead piping;
16            (B) measures to address affordability and prevent
17        service shut-offs for customers or ratepayers; and
18            (C) consideration of different scenarios for
19        structuring payments between the utility and its
20        customers over time; and
21        (8) a plan for prioritizing high-risk facilities, such
22    as preschools, day care centers, day care homes, group day
23    care homes, parks, playgrounds, hospitals, and clinics, as
24    well as high-risk areas identified by the community water
25    supply;
26        (9) a map of the areas where lead service lines are

 

 

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1    expected to be found and the sequence with which those
2    areas will be inventoried and lead service lines replaced;
3        (10) measures for how the community water supply will
4    inform the public of the plan and provide opportunity for
5    public comment; and
6        (11) measures to encourage diversity in hiring in the
7    workforce required to implement the plan as identified
8    under subsection (n).
9    (r) The Agency shall review final plans submitted to it
10under subsection (p). The Agency shall approve a final plan if
11the final plan includes all of the elements set forth under
12subsection (q) and the Agency determines that:
13        (1) the proposed lead service line replacement
14    schedule set forth in the plan aligns with the timeline
15    requirements set forth under subsection (v);
16        (2) the plan prioritizes the replacement of lead
17    service lines that provide water service to high-risk
18    facilities, such as preschools, day care centers, day care
19    homes, group day care homes, parks, playgrounds,
20    hospitals, and clinics, and high-risk areas identified by
21    the community water supply;
22        (3) the plan includes analysis of cost and financing
23    options; and
24        (4) the plan provides documentation of public review.
25    (s) An owner or operator of a community water supply has no
26duty to include in the plans required under subsection (p)

 

 

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1information about service lines that are physically
2disconnected from a water main in its distribution system.
3    (t) If a community water supply does not deliver a
4complete plan to the Agency by April 15, 2027, the community
5water supply may apply to the Agency for an extension no less
6than 3 months prior to the due date. The Agency shall develop
7criteria for granting plan extensions. When considering
8requests for extension, the Agency shall, at a minimum,
9consider:
10        (1) the number of service connections in a water
11    supply; and
12        (2) the number of service lines of an unknown material
13    composition.
14    (t-5) After the Agency has approved the final replacement
15plan described in subsection (p), the owner or operator of a
16community water supply shall submit a report detailing
17progress toward plan goals to the Agency for its review. The
18report shall be submitted annually for the first 10 years, and
19every 3 years thereafter until all lead service lines have
20been replaced. Reports under this subsection shall be
21published in the same manner described in subsection (l). The
22report shall include at least the following information as it
23pertains to the preceding reporting period:
24        (1) The number of lead service lines replaced and the
25    average cost of lead service line replacement.
26        (2) Progress toward meeting hiring requirements as

 

 

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1    described in subsection (n) and subsection (o).
2        (3) The percent of customers electing a waiver
3    offered, as described in subsections (ii) and (jj), among
4    those customers receiving a request or notification to
5    perform a lead service line replacement.
6        (4) The method or methods used by the community water
7    supply to finance lead service line replacement.
8    (u) Notwithstanding any other provision of law, in order
9to provide for costs associated with lead service line
10remediation and replacement, the corporate authorities of a
11municipality may, by ordinance or resolution by the corporate
12authorities, exercise authority provided in Section 27-5 et
13seq. of the Property Tax Code and Sections 8-3-1, 8-11-1,
148-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq.,
1511-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes
16levied for this purpose shall be in addition to taxes for
17general purposes authorized under Section 8-3-1 of the
18Illinois Municipal Code and shall be included in the taxing
19district's aggregate extension for the purposes of Division 5
20of Article 18 of the Property Tax Code.
21    (v) Every owner or operator of a community water supply
22shall replace all known lead service lines, subject to the
23requirements of subsection (ff), according to the following
24replacement rates and timelines to be calculated from the date
25of submission of the final replacement plan to the Agency:
26        (1) A community water supply reporting 1,200 or fewer

 

 

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1    lead service lines in its final inventory and replacement
2    plan shall replace all lead service lines, at an annual
3    rate of no less than 7% of the amount described in the
4    final inventory, with a timeline of up to 15 years for
5    completion.
6        (2) A community water supply reporting more than 1,200
7    but fewer than 5,000 lead service lines in its final
8    inventory and replacement plan shall replace all lead
9    service lines, at an annual rate of no less than 6% of the
10    amount described in the final inventory, with a timeline
11    of up to 17 years for completion.
12        (3) A community water supply reporting more than 4,999
13    but fewer than 10,000 lead service lines in its final
14    inventory and replacement plan shall replace all lead
15    service lines, at an annual rate of no less than 5% of the
16    amount described in the final inventory, with a timeline
17    of up to 20 years for completion.
18        (4) A community water supply reporting more than 9,999
19    but fewer than 99,999 lead service lines in its final
20    inventory and replacement plan shall replace all lead
21    service lines, at an annual rate of no less than 3% of the
22    amount described in the final inventory, with a timeline
23    of up to 34 years for completion.
24        (5) A community water supply reporting more than
25    99,999 lead service lines in its final inventory and
26    replacement plan shall replace all lead service lines, at

 

 

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1    an annual rate of no less than 2% of the amount described
2    in the final inventory, with a timeline of up to 50 years
3    for completion.
4    (w) A community water supply may apply to the Agency for an
5extension to the replacement timelines described in paragraphs
6(1) through (5) of subsection (v). The Agency shall develop
7criteria for granting replacement timeline extensions. When
8considering requests for timeline extensions, the Agency
9shall, at a minimum, consider:
10        (1) the number of service connections in a water
11    supply; and
12        (2) unusual circumstances creating hardship for a
13    community.
14    The Agency may grant one extension of additional time
15equal to not more than 20% of the original replacement
16timeline, except in situations of extreme hardship in which
17the Agency may consider a second additional extension equal to
18not more than 10% of the original replacement timeline.
19    Replacement rates and timelines shall be calculated from
20the date of submission of the final plan to the Agency.
21    (x) The Lead Service Line Replacement Advisory Board is
22created within the Agency. The Advisory Board shall convene
23within 120 days after the effective date of this amendatory
24Act of the 102nd General Assembly.
25    The Advisory Board shall consist of at least 28 voting
26members, as follows:

 

 

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1        (1) the Director of the Agency, or his or her
2    designee, who shall serve as chairperson;
3        (2) the Director of Revenue, or his or her designee;
4        (3) the Director of Public Health, or his or her
5    designee;
6        (4) fifteen members appointed by the Agency as
7    follows:
8            (A) one member representing a statewide
9        organization of municipalities as authorized by
10        Section 1-8-1 of the Illinois Municipal Code;
11            (B) two members who are mayors representing
12        municipalities located in any county south of the
13        southernmost county represented by one of the 10
14        largest municipalities in Illinois by population, or
15        their respective designees;
16            (C) two members who are representatives from
17        public health advocacy groups;
18            (D) two members who are representatives from
19        publicly-owned water utilities;
20            (E) one member who is a representative from a
21        public utility as defined under Section 3-105 of the
22        Public Utilities Act that provides water service in
23        the State of Illinois;
24            (F) one member who is a research professional
25        employed at an Illinois academic institution and
26        specializing in water infrastructure research;

 

 

HB4295- 19 -LRB102 21457 CPF 30574 b

1            (G) two members who are representatives from
2        nonprofit civic organizations;
3            (H) one member who is a representative from a
4        statewide organization representing environmental
5        organizations;
6            (I) two members who are representatives from
7        organized labor; and
8            (J) one member representing an environmental
9        justice organization; and
10        (5) ten members who are the mayors of the 10 largest
11    municipalities in Illinois by population, or their
12    respective designees.
13    No less than 10 of the 28 voting members shall be persons
14of color, and no less than 3 shall represent communities
15defined or self-identified as environmental justice
16communities.
17    Advisory Board members shall serve without compensation,
18but may be reimbursed for necessary expenses incurred in the
19performance of their duties from funds appropriated for that
20purpose. The Agency shall provide administrative support to
21the Advisory Board.
22    The Advisory Board shall meet no less than once every 6
23months.
24    (y) The Advisory Board shall have, at a minimum, the
25following duties:
26        (1) advising the Agency on best practices in lead

 

 

HB4295- 20 -LRB102 21457 CPF 30574 b

1    service line replacement;
2        (2) reviewing the progress of community water supplies
3    toward lead service line replacement goals;
4        (3) advising the Agency on other matters related to
5    the administration of the provisions of this Section;
6        (4) advising the Agency on the integration of existing
7    lead service line replacement plans with any statewide
8    plan; and
9        (5) providing technical support and practical
10    expertise in general.
11    (z) Within 18 months after the effective date of this
12amendatory Act of the 102nd General Assembly, the Advisory
13Board shall deliver a report of its recommendations to the
14Governor and the General Assembly concerning opportunities for
15dedicated, long-term revenue options for funding lead service
16line replacement. In submitting recommendations, the Advisory
17Board shall consider, at a minimum, the following:
18        (1) the sufficiency of various revenue sources to
19    adequately fund replacement of all lead service lines in
20    Illinois;
21        (2) the financial burden, if any, on households
22    falling below 150% of the federal poverty limit;
23        (3) revenue options that guarantee low-income
24    households are protected from rate increases;
25        (4) an assessment of the ability of community water
26    supplies to assess and collect revenue;

 

 

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1        (5) variations in financial resources among individual
2    households within a service area; and
3        (6) the protection of low-income households from rate
4    increases.
5    (aa) Within 10 years after the effective date of this
6amendatory Act of the 102nd General Assembly, the Advisory
7Board shall prepare and deliver a report to the Governor and
8General Assembly concerning the status of all lead service
9line replacement within the State.
10    (bb) The Lead Service Line Replacement Fund is created as
11a special fund in the State treasury to be used by the Agency
12for the purposes provided under this Section. The Fund shall
13be used exclusively to finance and administer programs and
14activities specified under this Section and listed under this
15subsection.
16    The objective of the Fund is to finance activities
17associated with identifying and replacing lead service lines,
18build Agency capacity to oversee the provisions of this
19Section, and provide related assistance for the activities
20listed under this subsection.
21    The Agency shall be responsible for the administration of
22the Fund and shall allocate moneys on the basis of priorities
23established by the Agency through administrative rule. On July
241, 2022 and on July 1 of each year thereafter, the Agency shall
25determine the available amount of resources in the Fund that
26can be allocated to the activities identified under this

 

 

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1Section and shall allocate the moneys accordingly.
2    Notwithstanding any other law to the contrary, the Lead
3Service Line Replacement Fund is not subject to sweeps,
4administrative charge-backs, or any other fiscal maneuver that
5would in any way transfer any amounts from the Lead Service
6Line Replacement Fund into any other fund of the State.
7    (cc) Within one year after the effective date of this
8amendatory Act of the 102 General Assembly, the Agency shall
9design rules for a program for the purpose of administering
10lead service line replacement funds. The rules must, at
11minimum, contain:
12        (1) the process by which community water supplies may
13    apply for funding; and
14        (2) the criteria for determining unit of local
15    government eligibility and prioritization for funding,
16    including the prevalence of low-income households, as
17    measured by median household income, the prevalence of
18    lead service lines, and the prevalence of water samples
19    that demonstrate elevated levels of lead.
20    (dd) Funding under subsection (cc) shall be available for
21costs directly attributable to the planning, design, or
22construction directly related to the replacement of lead
23service lines and restoration of property.
24    Funding shall not be used for the general operating
25expenses of a municipality or community water supply.
26    (ee) An owner or operator of any community water supply

 

 

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1receiving grant funding under subsection (cc) shall bear the
2entire expense of full lead service line replacement for all
3lead service lines in the scope of the grant.
4    (ff) When replacing a lead service line, the owner or
5operator of the community water supply shall replace the
6service line in its entirety, including, but not limited to,
7any portion of the service line (i) running on private
8property and (ii) within the building's plumbing at the first
9shut-off valve. Partial lead service line replacements are
10expressly prohibited. Exceptions shall be made under the
11following circumstances:
12        (1) In the event of an emergency repair that affects a
13    lead service line or a suspected lead service line, a
14    community water supply must contact the building owner to
15    begin the process of replacing the entire service line. If
16    the building owner is not able to be contacted or the
17    building owner or occupant refuses to grant access and
18    permission to replace the entire service line at the time
19    of the emergency repair, then the community water supply
20    may perform a partial lead service line replacement. Where
21    an emergency repair on a service line constructed of lead
22    or galvanized steel pipe results in a partial service line
23    replacement, the water supply responsible for commencing
24    the repair shall perform the following:
25            (A) Notify the building's owner or operator and
26        the resident or residents served by the lead service

 

 

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1        line in writing that a repair has been completed. The
2        notification shall include, at a minimum:
3                (i) a warning that the work may result in
4            sediment, possibly containing lead, in the
5            buildings water supply system;
6                (ii) information concerning practices for
7            preventing the consumption of any lead in drinking
8            water, including a recommendation to flush water
9            distribution pipe during and after the completion
10            of the repair or replacement work and to clean
11            faucet aerator screens; and
12                (iii) information regarding the dangers of
13            lead to young children and pregnant women.
14            (B) Provide filters for at least one fixture
15        supplying potable water for consumption. The filter
16        must be certified by an accredited third-party
17        certification body to NSF/ANSI 53 and NSF/ANSI 42 for
18        the reduction of lead and particulate. The filter must
19        be provided until such time that the remaining
20        portions of the service line have been replaced with a
21        material approved by the Department or a waiver has
22        been issued under subsection (ii).
23            (C) Replace the remaining portion of the lead
24        service line within 30 days of the repair, or 120 days
25        in the event of weather or other circumstances beyond
26        reasonable control that prohibits construction. If a

 

 

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1        complete lead service line replacement cannot be made
2        within the required period, the community water supply
3        responsible for commencing the repair shall notify the
4        Department in writing, at a minimum, of the following
5        within 24 hours of the repair:
6                (i) an explanation of why it is not feasible
7            to replace the remaining portion of the lead
8            service line within the allotted time; and
9                (ii) a timeline for when the remaining portion
10            of the lead service line will be replaced.
11            (D) If complete repair of a lead service line
12        cannot be completed due to denial by the property
13        owner, the community water supply commencing the
14        repair shall request the affected property owner to
15        sign a waiver developed by the Department. If a
16        property owner of a nonresidential building or
17        residence operating as rental properties denies a
18        complete lead service line replacement, the property
19        owner shall be responsible for installing and
20        maintaining point-of-use filters certified by an
21        accredited third-party certification body to NSF/ANSI
22        53 and NSF/ANSI 42 for the reduction of lead and
23        particulate at all fixtures intended to supply water
24        for the purposes of drinking, food preparation, or
25        making baby formula. The filters shall continue to be
26        supplied by the property owner until such time that

 

 

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1        the property owner has affected the remaining portions
2        of the lead service line to be replaced.
3            (E) Document any remaining lead service line,
4        including a portion on the private side of the
5        property, in the community water supply's distribution
6        system materials inventory required under subsection
7        (d).
8        For the purposes of this paragraph (1), written notice
9    shall be provided in the method and according to the
10    provisions of subsection (jj).
11        (2) Lead service lines that are physically
12    disconnected from the distribution system are exempt from
13    this subsection.
14    (gg) Except as provided in subsection (hh), on and after
15January 1, 2022, when the owner or operator of a community
16water supply replaces a water main, the community water supply
17shall identify all lead service lines connected to the water
18main and shall replace the lead service lines by:
19        (1) identifying the material or materials of each lead
20    service line connected to the water main, including, but
21    not limited to, any portion of the service line (i)
22    running on private property and (ii) within the building
23    plumbing at the first shut-off valve or 18 inches inside
24    the building, whichever is shorter;
25        (2) in conjunction with replacement of the water main,
26    replacing any and all portions of each lead service line

 

 

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1    connected to the water main that are composed of lead; and
2        (3) if a property owner or customer refuses to grant
3    access to the property, following prescribed notice
4    provisions as outlined in subsection (ff).
5    If an owner of a potentially affected building intends to
6replace a portion of a lead service line or a galvanized
7service line and the galvanized service line is or was
8connected downstream to lead piping, then the owner of the
9potentially affected building shall provide the owner or
10operator of the community water supply with notice at least 45
11days before commencing the work. In the case of an emergency
12repair, the owner of the potentially affected building must
13provide filters for each kitchen area that are certified by an
14accredited third-party certification body to NSF/ANSI 53 and
15NSF/ANSI 42 for the reduction of lead and particulate. If the
16owner of the potentially affected building notifies the owner
17or operator of the community water supply that replacement of
18a portion of the lead service line after the emergency repair
19is completed, then the owner or operator of the community
20water supply shall replace the remainder of the lead service
21line within 30 days after completion of the emergency repair.
22A community water supply may take up to 120 days if necessary
23due to weather conditions. If a replacement takes longer than
2430 days, filters provided by the owner of the potentially
25affected building must be replaced in accordance with the
26manufacturer's recommendations. Partial lead service line

 

 

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1replacements by the owners of potentially affected buildings
2are otherwise prohibited.
3    (hh) For municipalities with a population in excess of
41,000,000 inhabitants, the requirements of subsection (gg)
5shall commence on January 1, 2023.
6    (ii) At least 45 days before conducting planned lead
7service line replacement, the owner or operator of a community
8water supply shall, by mail, attempt to contact the owner of
9the potentially affected building serviced by the lead service
10line to request access to the building and permission to
11replace the lead service line in accordance with the lead
12service line replacement plan. If the owner of the potentially
13affected building does not respond to the request within 15
14days after the request is sent, the owner or operator of the
15community water supply shall attempt to post the request on
16the entrance of the potentially affected building.
17    If the owner or operator of a community water supply is
18unable to obtain approval to access and replace a lead service
19line, the owner or operator of the community water supply
20shall request that the owner of the potentially affected
21building sign a waiver. The waiver shall be developed by the
22Department and should be made available in the owner's
23language. If the owner of the potentially affected building
24refuses to sign the waiver or fails to respond to the community
25water supply after the community water supply has complied
26with this subsection, then the community water supply shall

 

 

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1notify the Department in writing within 15 working days.
2    (jj) When replacing a lead service line or repairing or
3replacing water mains with lead service lines or partial lead
4service lines attached to them, the owner or operator of a
5community water supply shall provide the owner of each
6potentially affected building that is serviced by the affected
7lead service lines or partial lead service lines, as well as
8the occupants of those buildings, with an individual written
9notice. The notice shall be delivered by mail or posted at the
10primary entranceway of the building. The notice may, in
11addition, be electronically mailed. Written notice shall
12include, at a minimum, the following:
13        (1) a warning that the work may result in sediment,
14    possibly containing lead from the service line, in the
15    building's water;
16        (2) information concerning the best practices for
17    preventing exposure to or risk of consumption of lead in
18    drinking water, including a recommendation to flush water
19    lines during and after the completion of the repair or
20    replacement work and to clean faucet aerator screens; and
21        (3) information regarding the dangers of lead exposure
22    to young children and pregnant women.
23    When the individual written notice described in the first
24paragraph of this subsection is required as a result of
25planned work other than the repair or replacement of a water
26meter, the owner or operator of the community water supply

 

 

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1shall provide the notice not less than 14 days before work
2begins. When the individual written notice described in the
3first paragraph of this subsection is required as a result of
4emergency repairs other than the repair or replacement of a
5water meter, the owner or operator of the community water
6supply shall provide the notice at the time the work is
7initiated. When the individual written notice described in the
8first paragraph of this subsection is required as a result of
9the repair or replacement of a water meter, the owner or
10operator of the community water supply shall provide the
11notice at the time the work is initiated.
12    The notifications required under this subsection must
13contain the following statement in the Spanish, Polish,
14Chinese, Tagalog, Arabic, Korean, German, Urdu, and Gujarati:
15"This notice contains important information about your water
16service and may affect your rights. We encourage you to have
17this notice translated in full into a language you understand
18and before you make any decisions that may be required under
19this notice."
20    An owner or operator of a community water supply that is
21required under this subsection to provide an individual
22written notice to the owner and occupant of a potentially
23affected building that is a multi-dwelling building may
24satisfy that requirement and the requirements of this
25subsection regarding notification to non-English speaking
26customers by posting the required notice on the primary

 

 

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1entranceway of the building and at the location where the
2occupant's mail is delivered as reasonably as possible.
3    When this subsection would require the owner or operator
4of a community water supply to provide an individual written
5notice to the entire community served by the community water
6supply or would require the owner or operator of a community
7water supply to provide individual written notices as a result
8of emergency repairs or when the community water supply that
9is required to comply with this subsection is a small system,
10the owner or operator of the community water supply may
11provide the required notice through local media outlets,
12social media, or other similar means in lieu of providing the
13individual written notices otherwise required under this
14subsection.
15    No notifications are required under this subsection for
16work performed on water mains that are used to transmit
17treated water between community water supplies and properties
18that have no service connections.
19    (kk) No community water supply that sells water to any
20wholesale or retail consecutive community water supply may
21pass on any costs associated with compliance with this Section
22to consecutive systems.
23    (ll) To the extent allowed by law, when a community water
24supply replaces or installs a lead service line in a public
25right-of-way or enters into an agreement with a private
26contractor for replacement or installation of a lead service

 

 

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1line, the community water supply shall be held harmless for
2all damage to property when replacing or installing the lead
3service line. If dangers are encountered that prevent the
4replacement of the lead service line, the community water
5supply shall notify the Department within 15 working days of
6why the replacement of the lead service line could not be
7accomplished.
8    (mm) The Agency may propose to the Board, and the Board may
9adopt, any rules necessary to implement and administer this
10Section. The Department may adopt rules necessary to address
11lead service lines attached to noncommunity water supplies.
12    (nn) Notwithstanding any other provision in this Section,
13no requirement in this Section shall be construed as being
14less stringent than existing applicable federal requirements.
15    (oo) All lead service line replacements financed in whole
16or in part with funds obtained under this Section shall be
17considered public works for purposes of the Prevailing Wage
18Act.
19    (pp) As lead service lines are replaced in accordance with
20this Section, an owner or operator of a community water supply
21shall, when practicable, comply with paragraphs (1) and (2) of
22subsection (a) of Section 890.1150 of the Illinois Plumbing
23Code. When doing so will create an undue hardship due to
24excessive structural or mechanical difficulty, or
25impracticability, the owner or operator of the community water
26supply shall automatically be granted a variance by the

 

 

HB4295- 33 -LRB102 21457 CPF 30574 b

1Department of Public Health and be exempt from the separation
2requirements of paragraphs (1) and (2) of subsection (a) of
3Section 890.1150 of the Illinois Plumbing Code.
4(Source: P.A. 102-613, eff. 1-1-22.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.