Illinois General Assembly - Full Text of SB0272
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Full Text of SB0272  102nd General Assembly

SB0272 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0272

 

Introduced 2/17/2021, by Sen. Laura Ellman

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 500/1-10
30 ILCS 105/5.935 new

    Creates the Water Quality Assurance Act. Provides that new and existing health care facilities and buildings containing health care facilities shall develop and implement water management programs with specified elements to control the growth and spread of opportunistic pathogens. Requires specified persons to develop and implement a routine culture sampling plan for all building water systems. Requires health care facilities to perform remediation of identified opportunistic pathogens. Provides that the Department of Public Health or agent health departments may enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of the Act. Requires health care facilities to register with the Department all building water systems within 120 days of the Act's effective date and to provide specified information. Contains other provisions. Establishes the Water Quality Assurance Fund as a special fund in the State treasury and makes a conforming change in the State Finance Act. Provides that the Department of Public Health shall implement, administer, and enforce the Act and may adopt rules it deems necessary to do so. Amends the Illinois Procurement Code. Provides that the Code shall not apply to procurement expenditures necessary for the Department to respond to an infectious disease outbreak response or to procurement expenditures that are necessary for a State agency's facility to implement critical recommendations provided by the Department in response to an infectious disease outbreak. Effective January 1, 2022.


LRB102 10970 CPF 16302 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0272LRB102 10970 CPF 16302 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Water
5Quality Assurance Act.
 
6    Section 5. Purpose. It has been established by scientific
7evidence that improper management of building water systems
8may cause or contribute to the proliferation of opportunistic
9pathogens and can result in adverse health effects and
10potentially lethal disease in at-risk populations. In order to
11safeguard the health and safety of the people of this State,
12the General Assembly finds it necessary to provide for the
13promulgation of requirements for water management and sampling
14programs in health care facilities and authoritatively
15establish the registration and certification of water quality
16professionals and contractors.
 
17    Section 10. Definitions. In this Act:
18    "Agent health department" means a certified local health
19department that the Department has designated as its agent for
20making inspections and investigations under Section 70.
21    "Building water system" means a potable or nonpotable
22water system in a building or on a building site, including,

 

 

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1but not limited to, a water supply system, decorative water
2feature, evaporative cooler or condenser, whirlpool spa,
3humidification system, and other aerosolizing water features.
4    "Control measures" means disinfecting, heating, cooling,
5filtering, flushing, or other means, methods, or procedures
6used to maintain the physical, biological, or chemical
7conditions of water within an established critical limit.
8"Control measures" includes treatment methods, technical and
9physical processes, and procedures and activities or actions
10that monitor or maintain physical, biological, or chemical
11conditions of water to within critical limits. Water
12management teams shall establish critical limits as a maximum
13value, minimum value, or range of values for chemical,
14biological, and physical parameters.
15    "Department" means the Department of Public Health.
16    "Health care facility" means a facility licensed under the
17Ambulatory Surgical Treatment Center Act, Hospital Licensing
18Act, Nursing Home Care Act, Assisted Living and Shared Housing
19Act, or Community Mental Health Act.
20    "Immediate control measures" means preestablished actions
21within a water management program intended to reduce potential
22exposure to opportunistic pathogens to be implemented when a
23building water system is thought to be a source of
24opportunistic pathogen transmission. "Immediate control
25measures" include, but are not limited to, restricting
26operations of building water systems, installing appropriate

 

 

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1primary barriers to reduce the possibility of exposures,
2halting new admissions, or temporarily closing an affected
3building or area.
4    "Initial inspection" means an inspection conducted by the
5Department to determine compliance with this Act and rules
6adopted under this Act to assess the operation of a water
7management program.
8    "Opportunistic pathogens" means organisms capable of
9causing disease in an at-risk individual or population.
10    "Person" means any individual, group of individuals,
11association, trust, partnership, limited liability company,
12corporation, person doing business under an assumed name,
13county, municipality, the State of Illinois, or any political
14subdivision or department thereof, or any other entity.
15    "Subsequent inspection" means any inspection made by the
16Department or an agent health department for the purpose of
17responding to a substantiated complaint, complying with a
18request by a health care facility or the agent health
19department, or ensuring compliance with an order or request of
20the Department. "Subsequent inspection" does not include
21initial inspections performed by the Department.
 
22    Section 15. Water Quality Assurance Fund. The Water
23Quality Assurance Fund is created as a special fund in the
24State treasury. All funds generated under this Act shall be
25deposited into the Fund and, subject to appropriation,

 

 

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1available to the Department for the implementation of this Act
2and any rules adopted by the Department under this Act.
 
3    Section 20. Administration; rules.
4    (a) The Department shall implement, administer, and
5enforce this Act and may adopt rules it deems necessary to do
6so. In case of conflict between the Illinois Administrative
7Procedure Act and this Act, the provisions of this Act shall
8control, except that Section 5-35 of the Illinois
9Administrative Procedure Act relating to procedures for
10rulemaking does not apply to the adoption of any rule required
11by federal law in connection with which the Department is
12precluded by law from exercising any discretion.
13    (b) The Department may establish rules that specify the
14laboratory method used to evaluate water for the presence of
15bacteria capable of causing opportunistic infections. The
16Department shall provide through its laboratories or ensure
17through evaluation of commercially available providers the use
18of appropriate laboratory test methods suitable for testing
19samples for the presence of Legionella bacteria. The
20Department's laboratory may collect fees for tests performed,
21which shall be deposited into the Public Health Laboratory
22Services Revolving Fund.
 
23    Section 25. Water management programs.
24    (a) A health care facility, or a building containing a

 

 

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1health care facility, shall develop and implement a water
2management program to control the growth and spread of
3opportunistic pathogens that, at a minimum, include the
4following elements:
5        (1) Identification of persons on the water management
6    program team responsible for developing, updating,
7    implementing, and documenting actions designated by the
8    water management plan.
9        (2) Identification and description of all building
10    water systems within the building and on the building site
11    using text and process flow diagrams.
12        (3) A hazard analysis identifying areas within
13    building plumbing systems where conditions may promote the
14    growth and spread of opportunistic pathogens.
15        (4) Based on the hazard analysis described in
16    paragraph (3), identify and describe control measures to
17    be maintained.
18        (5) Conditions requiring implementation of
19    preestablished contingency responses and time frames for
20    execution of such actions, including, but not limited to,
21    implementation of appropriate immediate control measures
22    in the event of:
23            (A) culture analysis results identifying the
24        presence of opportunistic pathogens within a building
25        water system; or
26            (B) a determination by the Department or an agent

 

 

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1        health department that one or more cases of disease or
2        illness are, or may be, caused by an opportunistic
3        pathogen and may be associated with the health care
4        facility.
5        (6) Establish validation procedures to initially and
6    routinely confirm that the water management program is
7    being implemented as developed and is effective at
8    controlling the growth and spread of opportunistic
9    pathogens.
10        (7) Procedures identifying records of actions and
11    activities of the water management program and water
12    management team. Records may include, but are not limited
13    to, documentation of corrective actions, maintenance, logs
14    of water quality monitoring or water management
15    activities, and laboratory results of sampling performed.
16    Such records shall be maintained for at least 3 years and
17    shall be made available upon request by the Department or
18    an agent health department.
19    (b) In concert with the water management program, building
20owners, representatives of building owners, tenants, or their
21designees shall develop and implement a routine culture
22sampling plan for all building water systems. Routine culture
23sampling and analysis shall be conducted a minimum of once
24every 6 months. Culture sampling plans shall include, at a
25minimum, provisions for analysis of Legionella species by a
26United States Centers for Disease Control and Prevention

 

 

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1Environmental Legionella Isolate Technique Evaluation (ELITE)
2member laboratory. In addition to such routine culture
3sampling, the Department may require a health care facility to
4conduct additional culture sampling and analysis of building
5water systems at locations, within a time frame, using
6sampling methods described by the Department in response to:
7        (1) notification from the Department or an agent
8    health department that one or more cases of disease or
9    illness associated with opportunistic pathogens are, or
10    may be, associated with the health care facility; or
11        (2) any other conditions specified by the Department.
12    (c) If the Department determines that a water management
13program does not include appropriate immediate control
14measures or if a water management program's immediate control
15measures are deemed ineffective or inappropriate by the
16Department, the Department may direct the facility to
17immediately implement immediate control measures as
18appropriate to reduce transmission of opportunistic pathogens.
19    (d) A health care facility shall develop communication
20plans to notify patients, residents, staff, and visitors of
21one or more cases of disease or illness associated with
22opportunistic pathogens. When notified by the Department or an
23agent health department that one or more cases of disease or
24illness associated with the building or site of the building,
25the health care facility shall distribute written notification
26within 48 hours to patients, residents, staff, and legal

 

 

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1guardians. The written notification must include:
2        (1) notification of the disease and the number of
3    cases associated with the health care facility;
4        (2) actions taken by the water management team in
5    response to the case or cases;
6        (3) immediate control measures implemented by the
7    water management team to prevent further cases; and
8        (4) immediate appropriate disease surveillance efforts
9    to identify past or future cases.
 
10    Section 30. Remediation of identified opportunistic
11pathogens.
12    (a) When the presence of opportunistic pathogens is
13detected by culture sampling programs or through environmental
14investigations of disease or illness associated with
15opportunistic pathogens at a health care facility, the health
16care facility shall take actions to remediate possible
17environmental sources. Such actions shall be documented and
18records shall be made available to the Department in
19accordance with this Act.
20    (b) When remediation activities include the use of
21supplemental disinfectants, or other treatment that alters
22biological, physical, or chemical characteristics of water to
23control for opportunistic pathogens, then building owners,
24representatives of building owners, tenants, or their
25designees shall comply with the Environmental Protection Act,

 

 

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1the Illinois Groundwater Protection Act, and any rules adopted
2under those Acts.
3    (c) A health care facility using disinfectants to provide
4supplemental disinfectant by temporary injection or other
5means that does not include the installation of equipment
6shall notify the Department in writing at least 48 hours prior
7to the treatment in accordance with rules adopted under this
8Act. Upon notification, the Department may require a health
9care facility to establish and implement immediate measures
10prior to the event to protect patients during the remediation
11activities.
12    (d) Any supplemental disinfectant, equipment, or treatment
13used to remediate opportunistic pathogens shall be certified
14for its intended use and purpose by one or more approved
15agencies listed in rules adopted by the Department for
16efficacy in achieving its listed use and purpose.
 
17    Section 35. Inspections. Subject to constitutional
18limitations, the Department, by its representatives, or an
19agent health department, after proper identification, may
20enter at reasonable times upon private or public property for
21the purpose of inspecting and investigating conditions
22relating to the enforcement of this Act and rules adopted
23under this Act. Written notice of all violations shall be
24given to each person against whom a violation is alleged.
 

 

 

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1    Section 40. Access to premises. It shall be the duty of the
2owners, operators, and licensees of swimming facilities to
3give the Department and its authorized agents free access to
4such premises at all reasonable times for the purpose of
5inspection.
 
6    Section 45. Fee schedule. A fee schedule for fees assessed
7by the Department for a health care facility shall be
8established by rules adopted by the Department.
 
9    Section 50. Certification and registration of water
10management professionals and contractors.
11    (a) Any individual, business, or organization who offers
12services relative to the development of water management
13programs, building water sampling programs, or supplemental
14treatment of building water systems for the control of
15opportunistic pathogens shall be registered and certified by
16the Department. Persons seeking registration and certification
17under this Section shall apply for certification pursuant to
18rules adopted by the Department.
19    (b) The Department may collect a reasonable fee to
20register and certify water management professionals and
21contractors. The fees shall be deposited into the Water
22Quality Assurance Fund and used by the Department for the
23activities prescribed in this Act.
24    (c) The Department shall adopt rules relating to the

 

 

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1issuance, renewal, or suspension of the certification of an
2individual, business, or organization.
 
3    Section 55. Registration at health care facilities.
4    (a) A health care facility shall register with the
5Department all building water systems. Such building water
6systems shall be initially registered within 120 days after
7the effective date of this Act. The registration shall be
8collected on forms developed by the Department and shall
9include, but not be limited to:
10        (1) the street address of the building in which the
11    building water system is located, with building
12    identification number, if any;
13        (2) the latitude and longitude of the location of the
14    building water system;
15        (3) the name, address, telephone number, and email of
16    the owner and operator of the building water system;
17        (4) the name of the manufacturer of the building water
18    system;
19        (5) the model number, if applicable, of the building
20    water system;
21        (6) the building water system volume, inclusive of all
22    piping, basin, and sump;
23        (7) the intended use of the building water system;
24        (8) whether the building water system operates
25    year-round or seasonally and, if seasonally, the start and

 

 

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1    end date of operation;
2        (9) whether building water system disinfection is
3    maintained manually, through timed injection, or through
4    continuous delivery;
5        (10) whether maintenance is performed by in-house
6    personnel, by a contractor, or by a third party; if by a
7    contractor or third party, the name, address, telephone
8    number, and email address of the contractor or third
9    party;
10        (11) whether any drift eliminators or controls are
11    installed and operated;
12        (12) the year the components of the building water
13    system were placed into service; and
14        (13) the type of disinfection.
15    (b) A health care facility shall register with the
16Department in writing within 7 days after ownership of the
17building water system changes.
18    (c) A health care facility shall report to the Department:
19        (1) the date of the last Legionella culture sample
20    collection, the analysis results, and the date of
21    remediation actions taken under this Act;
22        (2) the date of removal or permanent discontinued use
23    of the components of the building water system, if
24    applicable; and
25        (3) other information as determined by the Department.
 

 

 

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1    Section 60. Civil enforcement. The Department may impose
2administrative civil penalties for violations of this Act and
3rules adopted under this Act. The State's Attorney of the
4county in which the violation occurred, or the Attorney
5General, shall bring actions for collection of penalties
6imposed under this Section in the name of the People of the
7State of Illinois. The State's Attorney or Attorney General
8may, in addition to other remedies provided in this Act, bring
9an action (i) for an injunction to restrain the violation,
10(ii) to impose civil penalties if no penalty has been imposed
11by the Department, or (iii) to enjoin the operation of any such
12person or health care facility.
 
13    Section 65. Civil penalties. Any person who violates any
14provision of this Act or any rule adopted under this Act shall,
15in addition to any other penalty provided in this Act, be
16subject to a civil penalty of $100 per day per violation.
 
17    Section 70. Agents of the Department. The Department may
18designate a certified local health department as its agent for
19purposes of carrying out this Act. An agent so designated may
20charge fees for costs associated with enforcing this Act. If
21the agent determines that it cannot perform an inspection
22under this Act, the Department shall perform the inspection
23and any applicable fees shall be payable to the Department and
24the agent may not charge a fee. If the Department performs a

 

 

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1service or activity for the agent that the agent cannot
2perform, the fee for the service or activity shall be paid to
3the Department and not to the agent. In no case shall fees be
4assessed by both the Department and an agent for the same
5service or activity.
 
6    Section 75. The Illinois Procurement Code is amended by
7changing Section 1-10 as follows:
 
8    (30 ILCS 500/1-10)
9    Sec. 1-10. Application.
10    (a) This Code applies only to procurements for which
11bidders, offerors, potential contractors, or contractors were
12first solicited on or after July 1, 1998. This Code shall not
13be construed to affect or impair any contract, or any
14provision of a contract, entered into based on a solicitation
15prior to the implementation date of this Code as described in
16Article 99, including, but not limited to, any covenant
17entered into with respect to any revenue bonds or similar
18instruments. All procurements for which contracts are
19solicited between the effective date of Articles 50 and 99 and
20July 1, 1998 shall be substantially in accordance with this
21Code and its intent.
22    (b) This Code shall apply regardless of the source of the
23funds with which the contracts are paid, including federal
24assistance moneys. This Code shall not apply to:

 

 

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1        (1) Contracts between the State and its political
2    subdivisions or other governments, or between State
3    governmental bodies, except as specifically provided in
4    this Code.
5        (2) Grants, except for the filing requirements of
6    Section 20-80.
7        (3) Purchase of care, except as provided in Section
8    5-30.6 of the Illinois Public Aid Code and this Section.
9        (4) Hiring of an individual as employee and not as an
10    independent contractor, whether pursuant to an employment
11    code or policy or by contract directly with that
12    individual.
13        (5) Collective bargaining contracts.
14        (6) Purchase of real estate, except that notice of
15    this type of contract with a value of more than $25,000
16    must be published in the Procurement Bulletin within 10
17    calendar days after the deed is recorded in the county of
18    jurisdiction. The notice shall identify the real estate
19    purchased, the names of all parties to the contract, the
20    value of the contract, and the effective date of the
21    contract.
22        (7) Contracts necessary to prepare for anticipated
23    litigation, enforcement actions, or investigations,
24    provided that the chief legal counsel to the Governor
25    shall give his or her prior approval when the procuring
26    agency is one subject to the jurisdiction of the Governor,

 

 

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1    and provided that the chief legal counsel of any other
2    procuring entity subject to this Code shall give his or
3    her prior approval when the procuring entity is not one
4    subject to the jurisdiction of the Governor.
5        (8) (Blank).
6        (9) Procurement expenditures by the Illinois
7    Conservation Foundation when only private funds are used.
8        (10) (Blank).
9        (11) Public-private agreements entered into according
10    to the procurement requirements of Section 20 of the
11    Public-Private Partnerships for Transportation Act and
12    design-build agreements entered into according to the
13    procurement requirements of Section 25 of the
14    Public-Private Partnerships for Transportation Act.
15        (12) Contracts for legal, financial, and other
16    professional and artistic services entered into on or
17    before December 31, 2018 by the Illinois Finance Authority
18    in which the State of Illinois is not obligated. Such
19    contracts shall be awarded through a competitive process
20    authorized by the Board of the Illinois Finance Authority
21    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
22    50-35, and 50-37 of this Code, as well as the final
23    approval by the Board of the Illinois Finance Authority of
24    the terms of the contract.
25        (13) Contracts for services, commodities, and
26    equipment to support the delivery of timely forensic

 

 

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1    science services in consultation with and subject to the
2    approval of the Chief Procurement Officer as provided in
3    subsection (d) of Section 5-4-3a of the Unified Code of
4    Corrections, except for the requirements of Sections
5    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
6    Code; however, the Chief Procurement Officer may, in
7    writing with justification, waive any certification
8    required under Article 50 of this Code. For any contracts
9    for services which are currently provided by members of a
10    collective bargaining agreement, the applicable terms of
11    the collective bargaining agreement concerning
12    subcontracting shall be followed.
13        On and after January 1, 2019, this paragraph (13),
14    except for this sentence, is inoperative.
15        (14) Contracts for participation expenditures required
16    by a domestic or international trade show or exhibition of
17    an exhibitor, member, or sponsor.
18        (15) Contracts with a railroad or utility that
19    requires the State to reimburse the railroad or utilities
20    for the relocation of utilities for construction or other
21    public purpose. Contracts included within this paragraph
22    (15) shall include, but not be limited to, those
23    associated with: relocations, crossings, installations,
24    and maintenance. For the purposes of this paragraph (15),
25    "railroad" means any form of non-highway ground
26    transportation that runs on rails or electromagnetic

 

 

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1    guideways and "utility" means: (1) public utilities as
2    defined in Section 3-105 of the Public Utilities Act, (2)
3    telecommunications carriers as defined in Section 13-202
4    of the Public Utilities Act, (3) electric cooperatives as
5    defined in Section 3.4 of the Electric Supplier Act, (4)
6    telephone or telecommunications cooperatives as defined in
7    Section 13-212 of the Public Utilities Act, (5) rural
8    water or waste water systems with 10,000 connections or
9    less, (6) a holder as defined in Section 21-201 of the
10    Public Utilities Act, and (7) municipalities owning or
11    operating utility systems consisting of public utilities
12    as that term is defined in Section 11-117-2 of the
13    Illinois Municipal Code.
14        (16) Procurement expenditures necessary for the
15    Department of Public Health to provide the delivery of
16    timely newborn screening services in accordance with the
17    Newborn Metabolic Screening Act.
18        (17) Procurement expenditures necessary for the
19    Department of Agriculture, the Department of Financial and
20    Professional Regulation, the Department of Human Services,
21    and the Department of Public Health to implement the
22    Compassionate Use of Medical Cannabis Program and Opioid
23    Alternative Pilot Program requirements and ensure access
24    to medical cannabis for patients with debilitating medical
25    conditions in accordance with the Compassionate Use of
26    Medical Cannabis Program Act.

 

 

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1        (18) This Code does not apply to any procurements
2    necessary for the Department of Agriculture, the
3    Department of Financial and Professional Regulation, the
4    Department of Human Services, the Department of Commerce
5    and Economic Opportunity, and the Department of Public
6    Health to implement the Cannabis Regulation and Tax Act if
7    the applicable agency has made a good faith determination
8    that it is necessary and appropriate for the expenditure
9    to fall within this exemption and if the process is
10    conducted in a manner substantially in accordance with the
11    requirements of Sections 20-160, 25-60, 30-22, 50-5,
12    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
13    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
14    Section 50-35, compliance applies only to contracts or
15    subcontracts over $100,000. Notice of each contract
16    entered into under this paragraph (18) that is related to
17    the procurement of goods and services identified in
18    paragraph (1) through (9) of this subsection shall be
19    published in the Procurement Bulletin within 14 calendar
20    days after contract execution. The Chief Procurement
21    Officer shall prescribe the form and content of the
22    notice. Each agency shall provide the Chief Procurement
23    Officer, on a monthly basis, in the form and content
24    prescribed by the Chief Procurement Officer, a report of
25    contracts that are related to the procurement of goods and
26    services identified in this subsection. At a minimum, this

 

 

SB0272- 20 -LRB102 10970 CPF 16302 b

1    report shall include the name of the contractor, a
2    description of the supply or service provided, the total
3    amount of the contract, the term of the contract, and the
4    exception to this Code utilized. A copy of any or all of
5    these contracts shall be made available to the Chief
6    Procurement Officer immediately upon request. The Chief
7    Procurement Officer shall submit a report to the Governor
8    and General Assembly no later than November 1 of each year
9    that includes, at a minimum, an annual summary of the
10    monthly information reported to the Chief Procurement
11    Officer. This exemption becomes inoperative 5 years after
12    June 25, 2019 (the effective date of Public Act 101-27)
13    this amendatory Act of the 101st General Assembly.
14        (19) Procurement expenditures necessary for the
15    Department of Public Health to respond to an infectious
16    disease outbreak, including, but not limited to,
17    laboratory testing and environmental health investigation
18    supplies.
19        (20) Procurement expenditures necessary for a State
20    agency's facility to implement critical recommendations
21    provided by the Department of Public Health in response to
22    an infectious disease outbreak, including, but not limited
23    to, plumbing, construction, or consultants to mitigate
24    environmental health hazards.
25    Notwithstanding any other provision of law, for contracts
26entered into on or after October 1, 2017 under an exemption

 

 

SB0272- 21 -LRB102 10970 CPF 16302 b

1provided in any paragraph of this subsection (b), except
2paragraph (1), (2), or (5), each State agency shall post to the
3appropriate procurement bulletin the name of the contractor, a
4description of the supply or service provided, the total
5amount of the contract, the term of the contract, and the
6exception to the Code utilized. The chief procurement officer
7shall submit a report to the Governor and General Assembly no
8later than November 1 of each year that shall include, at a
9minimum, an annual summary of the monthly information reported
10to the chief procurement officer.
11    (c) This Code does not apply to the electric power
12procurement process provided for under Section 1-75 of the
13Illinois Power Agency Act and Section 16-111.5 of the Public
14Utilities Act.
15    (d) Except for Section 20-160 and Article 50 of this Code,
16and as expressly required by Section 9.1 of the Illinois
17Lottery Law, the provisions of this Code do not apply to the
18procurement process provided for under Section 9.1 of the
19Illinois Lottery Law.
20    (e) This Code does not apply to the process used by the
21Capital Development Board to retain a person or entity to
22assist the Capital Development Board with its duties related
23to the determination of costs of a clean coal SNG brownfield
24facility, as defined by Section 1-10 of the Illinois Power
25Agency Act, as required in subsection (h-3) of Section 9-220
26of the Public Utilities Act, including calculating the range

 

 

SB0272- 22 -LRB102 10970 CPF 16302 b

1of capital costs, the range of operating and maintenance
2costs, or the sequestration costs or monitoring the
3construction of clean coal SNG brownfield facility for the
4full duration of construction.
5    (f) (Blank).
6    (g) (Blank).
7    (h) This Code does not apply to the process to procure or
8contracts entered into in accordance with Sections 11-5.2 and
911-5.3 of the Illinois Public Aid Code.
10    (i) Each chief procurement officer may access records
11necessary to review whether a contract, purchase, or other
12expenditure is or is not subject to the provisions of this
13Code, unless such records would be subject to attorney-client
14privilege.
15    (j) This Code does not apply to the process used by the
16Capital Development Board to retain an artist or work or works
17of art as required in Section 14 of the Capital Development
18Board Act.
19    (k) This Code does not apply to the process to procure
20contracts, or contracts entered into, by the State Board of
21Elections or the State Electoral Board for hearing officers
22appointed pursuant to the Election Code.
23    (l) This Code does not apply to the processes used by the
24Illinois Student Assistance Commission to procure supplies and
25services paid for from the private funds of the Illinois
26Prepaid Tuition Fund. As used in this subsection (l), "private

 

 

SB0272- 23 -LRB102 10970 CPF 16302 b

1funds" means funds derived from deposits paid into the
2Illinois Prepaid Tuition Trust Fund and the earnings thereon.
3(Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18;
4100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff.
56-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised
69-17-19.)
 
7    Section 80. The State Finance Act is amended by adding
8Section 5.935 as follows:
 
9    (30 ILCS 105/5.935 new)
10    Sec. 5.935. The Water Quality Assurance Fund.
 
11    Section 99. Effective date. This Act takes effect January
121, 2022.