HB6629 99TH GENERAL ASSEMBLY

LRB099 24152 MJP 51836 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6629

Introduced , by Rep. Patricia R. Bellock

SYNOPSIS AS INTRODUCED:

65 ILCS 5/Art. 11 Div. 150.1 heading new
65 ILCS 5/11-150.1-1 new
220 ILCS 5/9-246 new
225 ILCS 320/35.5 new
415 ILCS 5/17.11 new
415 ILCS 5/19.3	from Ch. 111 1/2, par. 1019.3

Amends the Environmental Protection Act. Provides that beginning July 1, 2017 owners or operators of specified community water systems shall conduct specified sampling and testing of water at high-risk facilities in their distribution system. Provides that the owners or operators shall develop specified inventories of their distribution system. Provides that beginning July 1, 2017, the Environmental Protection Agency may conduct audits of the specified inventories. Contains notification requirements for owners and operators of community water systems. Provides that the Public Water Supply Loan Program shall provide specified financial assistance to community water supplies pursuant to specified provisions of the federal Safe Drinking Water Act. Defines terms. Amends the Illinois Municipal Code and Public Utilities Code to provide that municipalities and public utilities may collect a specified fee to recover costs related to complying with specified provisions of the Environmental Protection Act and Illinois Plumbing Licensing Law. Amends the Illinois Plumbing Licensing Law. Adds provisions concerning protection from plumbing-related lead hazards in high-risk facilities. Provides that the owner or operator of each day care center that was constructed in whole or part before January 1, 1987, and the chief school administrator of each school that was constructed in whole or part before January 1, 1987, shall, as soon as practicable after the effective date, develop a specified water management plan for each high-risk facility over which he or she exercises ownership or control. Provides that the Department of Public Health shall, as soon as practicable after the effective date, but no later than June 30, 2018, adopt rule specified rules concerning high-risk facilities, specified inventories, and specified notifications. Defines terms. Effective immediately.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by adding Division heading 150.1 of Article 11 and Section 11-150.1-1 as follows:

(65 ILCS 5/Art. 11 Div. 150.1 heading new)

DIVISION 150.1. LEAD HAZARD COST RECOVERY FEE

(65 ILCS 5/11-150.1-1 new)

Sec. 11-150.1-1. Lead hazard cost recovery fee. The corporate authorities of any municipality that operates a waterworks system and that incurs reasonable costs to comply with Section 17.11 of the Environmental Protection Act or rules adopted by the Department of Public Health under Section 35.5 of the Illinois Plumbing License Law shall have the authority, by ordinance, to collect a fair and reasonable fee from users of the system in order to recover those costs. Fees collected pursuant to this Section shall be used exclusively for the purpose of complying with Section 17.11 of the Environmental Protection Act and rules adopted by the Department of Public Health under Section 35.5 of the Illinois Plumbing License Law.

Section 10. The Public Utilities Act is amended by adding Section 9-246 as follows:

(220 ILCS 5/9-246 new)

Sec. 9-246. Rates; lead hazard cost recovery by investor-owned water utilities. In determining the rates for an investor-owned public utility engaged in providing water service, the Commission shall allow the utility to recover annually any reasonable costs incurred by the utility to comply with Section 17.11 of the Environmental Protection Act and any reasonable costs incurred by the utility to comply with rules adopted by the Department of Public Health under Section 35.5 of the Illinois Plumbing License Law.

Section 15. The Illinois Plumbing License Law is amended by adding Section 35.5 as follows:

(225 ILCS 320/35.5 new)

Sec. 35.5. Protection from plumbing-related lead hazards in high-risk facilities.

(a) Because the appropriate management of water is among the most cost-effective ways to reduce plumbing-related lead exposures at high-risk facilities in the State, the owner or operator of each day care center that was constructed in whole or part before January 1, 1987, and the chief school administrator of each school that was constructed in whole or part before January 1, 1987, shall, as soon as practicable after the effective date of this amendatory Act of the 99th General Assembly, develop a water management plan for each high-risk facility over which he or she exercises ownership or control. The water management plan developed for a high-risk facility under this subsection may:

(1) identify lead-containing portions of the facility's plumbing systems used to supply water for human consumption;

(2) identify and assess health risks posed by those portions of the facility's plumbing systems;

(3) specify practices to be employed, whenever possible, to minimize the identified risks; and

(4) ensure, through regular confirmatory sampling or other practices, that the plan remains up to date, continues operating as designed, and is effective.

(b) If a water management plan is developed for a high-risk facility under subsection (a) of this Section, implementation of that plan shall commence on the implementation date specified in the plan or the effective date of the rules adopted by the Department under subsection (c) of this Section, whichever is sooner.

(c) To further protect children and other members of the public from any threat to health that might be posed by lead in a high-risk facility's plumbing, the Department shall, as soon as practicable after the effective date of this amendatory Act of the 99th General Assembly but no later than June 30, 2018, adopt rules that:

(1) establish a program to identify, in each high-risk facility in the State, plumbing that is a lead hazard;

(2) require the water distribution system material inventories that are developed under subsection (c) of Section 17.11 of the Environmental Protection Act (i) to be made publicly accessible and (ii) to be provided to the Department and the Illinois Environmental Protection Agency upon request; and

(3) require the owner or operator of each day care center that was constructed in whole or part before January 1, 1987, and the chief school administrator of each school that was constructed in whole or part before January 1, 1987, to notify all parents and legal guardians of all children enrolled in the facility over which he or she exercises ownership or control, as well as all occupants of the facility, within 30 days after receiving a test result which indicates that a sample collected from the facility, in accordance with the rules established by the Department, exceeds a health-based standard for lead exposure that is established by rule of the Department. The Department's rules shall also require this notification to be provided not only in English, but also in other languages, when there is a demonstrated need for the notification to be provided in those languages.

(d) For the purposes of this Section:

"Day care center" has the meaning ascribed to that term in Section 2.09 of the Child Care Act of 1969.

"High-risk facility" means (i) any day care center that was constructed in whole or part before January 1, 1987, and (ii) any school that was constructed in whole or part before January 1, 1987.

"Lead hazard" has the meaning ascribed to that term in Section 2 of the Lead Poisoning Prevention Act.

"School" means any public, private, charter, or nonpublic day or residential educational institution that provides education from pre-kindergarten through grade 5.

Section 20. The Environmental Protection Act is amended by changing Section 19.3 and by adding Section 17.11 as follows:

(415 ILCS 5/17.11 new)

Sec. 17.11. Lead in drinking water; prevention.

(a) For the purposes of this Section:

"Community water system" has the meaning ascribed to that term in 35 Ill. Adm. Code 611.101.

"Day care center" means any day care center as defined in Section 2.09 of the Child Care Act of 1969.

"First-draw sample" has the meaning ascribed to that term in 35 Ill. Adm. Code 611.350(b).

"High-risk facility" means (i) any day care center that was constructed in whole or part before January 1, 1987, and (ii) any school that was constructed in whole or part before January 1, 1987.

"Potentially affected residence" means any residence where water service is or may be temporarily interrupted or shut off on behalf of an owner or operator of a community water system because construction or repair work is to be performed on behalf of the owner or operator on a water main that is directly connected to a water service line through which the residence is supplied potable water.

"School" means any public, private, charter, or nonpublic day or residential educational institution that provides education from pre-kindergarten through grade 5.

(b) Beginning July 1, 2017, when an owner or operator of a community water system arranges to collect first-draw samples for purposes of complying with the Board rules that implement the national primary drinking water regulations for lead and copper, the owner or operator shall also arrange for a first-draw sample to be collected from each high-risk facility located in its distribution system and for the collected samples to be analyzed for lead in the same manner as the samples collected for purposes of complying with the Board rules. Test results obtained shall not be used for purposes of determining compliance with the Board rules. However, to support the Department of Public Health's efforts under Section 35.5 of the Illinois Plumbing License Law, the owner or operator of the community water system shall arrange to have the test results reported to the high-risk facility and the Department of Public Health, within 30 days after they become available.

(c) The owner or operator of each community water system in the State shall develop a water distribution system material inventory that shall be made available to the Agency and the Department of Public Health upon request. The distribution system materials inventory shall be updated at least annually and shall, at a minimum, document the composition of each service connection that is made to the distribution system of the community water system, based on information in the possession of the community water system. The materials inventory developed pursuant to this subsection (c) shall also meet all requirements for water distribution system materials inventories that are mandated by the United States Environmental Protection Agency.

(d) Beginning July 1, 2017, when conducting routine inspections of community water systems as required under this Act, the Agency may conduct a separate audit to identify progress that the community water system has made toward completing the water distribution system material inventories required under subsection (c) of this Section.

(e) If the owner or operator of a community water system becomes aware of any first-draw sample that has a lead concentration that is greater than or equal to 15 micrograms per liter and that has been collected from a residence within its distribution system, the owner or operator of the community water system shall, within 30 days thereafter, both notify the owners and occupants of that residence of the test results and provide those persons with public education materials that are comparable in content to the public education materials the Board rules that implement the national primary drinking water regulations for lead and copper require to be delivered. The notification described in this subsection (e) is in addition to any other notification that may be required.

(f) The owner or operator of a community water system shall, 14 days prior to beginning planned work to repair or replace any known lead service lines or any water mains that supply known lead service lines, notify the owners and occupants of all potentially affected residences of the planned work. In cases where a community water system must perform construction or repair work on an emergency basis or where such work is not scheduled at least 14 days prior to work taking place, the community water system shall notify potentially affected residences as soon as reasonably possible. When work is to repair or replace a water meter, the notification shall be provided at the time the work is initiated. The notification shall include:

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

(2) information concerning best practices for preventing the consumption of any lead in drinking water, including a recommendation to flush water lines during and after the completion of the repair or replacement work and to clean faucet aerator screens. The notification requirements in this subsection (f) do not apply to work performed on water mains that are used to transmit treated water between community water systems and have no service connections.

(415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)

Sec. 19.3. Water Revolving Fund.

(a) There is hereby created within the State Treasury a Water Revolving Fund, consisting of 3 interest-bearing special programs to be known as the Water Pollution Control Loan Program, the Public Water Supply Loan Program, and the Loan Support Program, which shall be used and administered by the Agency.

(b) The Water Pollution Control Loan Program shall be used and administered by the Agency to provide assistance for the following purposes:

(1) to accept and retain funds from grant awards, appropriations, transfers, and payments of interest and principal;

(2) to make direct loans at or below market interest rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit to finance the construction of treatments works, including storm water treatment systems that are treatment works, and projects that fulfill federal State Revolving Fund grant requirements for a green project reserve;

(2.5) with respect to funds provided under the American Recovery and Reinvestment Act of 2009:

(A) to make direct loans at or below market interest rates to any eligible local government unit and to provide additional subsidization to any eligible local government unit, including, but not limited to, forgiveness of principal, negative interest rates, and grants;

(B) to make direct loans at or below market interest rates to any eligible local government unit to buy or refinance debt obligations for treatment works incurred on or after October 1, 2008; and

(C) to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants for treatment works incurred on or after October 1, 2008;

(3) to make direct loans at or below market interest rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit to buy or refinance debt obligations for costs incurred after March 7, 1985, for the construction of treatment works, including storm water treatment systems that are treatment works, and projects that fulfill federal State Revolving Fund grant requirements for a green project reserve;

(3.5) to make loans, including, but not limited to, loans through a linked deposit program, at or below market interest rates for the implementation of a management program established under Section 319 of the Federal Water Pollution Control Act, as amended;

(4) to guarantee or purchase insurance for local obligations where such action would improve credit market access or reduce interest rates;

(5) as a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the State or any political subdivision or instrumentality thereof, if the proceeds of such bonds will be deposited in the Fund;

(6) to finance the reasonable costs incurred by the Agency in the administration of the Fund;

(7) to transfer funds to the Public Water Supply Loan Program; and

(8) notwithstanding any other provision of this subsection (b), to provide, in accordance with rules adopted under this Title, any other financial assistance that may be provided under Section 603 of the Federal Water Pollution Control Act for any other projects or activities eligible for assistance under that Section or federal rules adopted to implement that Section.

(c) The Loan Support Program shall be used and administered by the Agency for the following purposes:

(1) to accept and retain funds from grant awards and appropriations;

(2) to finance the reasonable costs incurred by the Agency in the administration of the Fund, including activities under Title III of this Act, including the administration of the State construction grant program;

(3) to transfer funds to the Water Pollution Control Loan Program and the Public Water Supply Loan Program;

(4) to accept and retain a portion of the loan repayments;

(5) to finance the development of the low interest loan programs for water pollution control and public water supply projects;

(6) to finance the reasonable costs incurred by the Agency to provide technical assistance for public water supplies; and

(7) to finance the reasonable costs incurred by the Agency for public water system supervision programs, to administer or provide for technical assistance through source water protection programs, to develop and implement a capacity development strategy, to delineate and assess source water protection areas, and for an operator certification program in accordance with Section 1452 of the federal Safe Drinking Water Act.

(d) The Public Water Supply Loan Program shall be used and administered by the Agency to provide assistance to local government units and privately owned community water supplies for public water supplies for the following public purposes:

(1) to accept and retain funds from grant awards, appropriations, transfers, and payments of interest and principal;

(2) to make direct loans at or below market interest rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit or to any eligible privately owned community water supply to finance the construction of water supplies and projects that fulfill federal State Revolving Fund grant requirements for a green project reserve;

(2.5) with respect to funds provided under the American Recovery and Reinvestment Act of 2009:

(A) to make direct loans at or below market interest rates to any eligible local government unit or to any eligible privately owned community water supply, and to provide additional subsidization to any eligible local government unit or to any eligible privately owned community water supply, including, but not limited to, forgiveness of principal, negative interest rates, and grants;

(B) to buy or refinance the debt obligation of a local government unit for costs incurred on or after October 1, 2008; and

(C) to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants for a local government unit for costs incurred on or after October 1, 2008;

(3) to make direct loans at or below market interest rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit or to any eligible privately owned community water supply to buy or refinance debt obligations for costs incurred on or after July 17, 1997, for the construction of water supplies and projects that fulfill federal State Revolving Fund requirements for a green project reserve;

(4) to guarantee local obligations where such action would improve credit market access or reduce interest rates;

(5) as a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the State or any political subdivision or instrumentality thereof, if the proceeds of such bonds will be deposited into the Fund; and

(6) to transfer funds to the Water Pollution Control Loan Program; and .

(7) notwithstanding any other provision of this subsection (d), to provide any other financial assistance that may be provided under Section 1452 of the Safe Drinking Water Act for any expenditures eligible for assistance under that Section or federal rules adopted to implement that Section.

(e) The Agency is designated as the administering agency of the Fund. The Agency shall submit to the Regional Administrator of the United States Environmental Protection Agency an intended use plan which outlines the proposed use of funds available to the State. The Agency shall take all actions necessary to secure to the State the benefits of the federal Water Pollution Control Act and the federal Safe Drinking Water Act, as now or hereafter amended.

(f) The Agency shall have the power to enter into intergovernmental agreements with the federal government or the State, or any instrumentality thereof, for purposes of capitalizing the Water Revolving Fund. Moneys on deposit in the Water Revolving Fund may be used for the creation of reserve funds or pledged funds that secure the obligations of repayment of loans made pursuant to this Section. For the purpose of obtaining capital for deposit into the Water Revolving Fund, the Agency may also enter into agreements with financial institutions and other persons for the purpose of selling loans and developing a secondary market for such loans. The Agency shall have the power to create and establish such reserve funds and accounts as may be necessary or desirable to accomplish its purposes under this subsection and to allocate its available moneys into such funds and accounts. Investment earnings on moneys held in the Water Revolving Fund, including any reserve fund or pledged fund, shall be deposited into the Water Revolving Fund.

(Source: P.A. 98-782, eff. 7-23-14; 99-187, eff. 7-29-15.)

Section 99. Effective date. This Act takes effect upon becoming law.