SB0550enr 99TH GENERAL ASSEMBLY



 


 
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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 Illinois Municipal Code is amended by adding
5Division 150.1 to Article 11 as follows:
 
6    (65 ILCS 5/Art. 11 Div. 150.1 heading new)
7
DIVISION 150.1. LEAD HAZARD COST RECOVERY FEE

 
8    (65 ILCS 5/11-150.1-1 new)
9    Sec. 11-150.1-1. Lead hazard cost recovery fee. The
10corporate authorities of any municipality that operates a
11waterworks system and that incurs reasonable costs to comply
12with Section 35.5 of the Illinois Plumbing License Law shall
13have the authority, by ordinance, to collect a fair and
14reasonable fee from users of the system in order to recover
15those reasonable costs. Fees collected pursuant to this Section
16shall be used exclusively for the purpose of complying with
17Section 35.5 of the Illinois Plumbing License Law.
 
18    Section 10. The School Code is amended by changing Sections
1917-2.11 and 17-2A as follows:
 
20    (105 ILCS 5/17-2.11)  (from Ch. 122, par. 17-2.11)

 

 

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1    Sec. 17-2.11. School board power to levy a tax or to borrow
2money and issue bonds for fire prevention, safety, energy
3conservation, accessibility, school security, and specified
4repair purposes.
5    (a) Whenever, as a result of any lawful order of any
6agency, other than a school board, having authority to enforce
7any school building code applicable to any facility that houses
8students, or any law or regulation for the protection and
9safety of the environment, pursuant to the Environmental
10Protection Act, any school district having a population of less
11than 500,000 inhabitants is required to alter or reconstruct
12any school building or permanent, fixed equipment; the district
13may, by proper resolution, levy a tax for the purpose of making
14such alteration or reconstruction, based on a survey report by
15an architect or engineer licensed in this State, upon all of
16the taxable property of the district at the value as assessed
17by the Department of Revenue and at a rate not to exceed 0.05%
18per year for a period sufficient to finance such alteration or
19reconstruction, upon the following conditions:
20        (1) When there are not sufficient funds available in
21    the operations and maintenance fund of the school district,
22    the school facility occupation tax fund of the district, or
23    the fire prevention and safety fund of the district, as
24    determined by the district on the basis of rules adopted by
25    the State Board of Education, to make such alteration or
26    reconstruction or to purchase and install such permanent,

 

 

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1    fixed equipment so ordered or determined as necessary.
2    Appropriate school district records must be made available
3    to the State Superintendent of Education, upon request, to
4    confirm this insufficiency.
5        (2) When a certified estimate of an architect or
6    engineer licensed in this State stating the estimated
7    amount necessary to make the alteration or reconstruction
8    or to purchase and install the equipment so ordered has
9    been secured by the school district, and the estimate has
10    been approved by the regional superintendent of schools
11    having jurisdiction over the district and the State
12    Superintendent of Education. Approval must not be granted
13    for any work that has already started without the prior
14    express authorization of the State Superintendent of
15    Education. If the estimate is not approved or is denied
16    approval by the regional superintendent of schools within 3
17    months after the date on which it is submitted to him or
18    her, the school board of the district may submit the
19    estimate directly to the State Superintendent of Education
20    for approval or denial.
21    In the case of an emergency situation, where the estimated
22cost to effectuate emergency repairs is less than the amount
23specified in Section 10-20.21 of this Code, the school district
24may proceed with such repairs prior to approval by the State
25Superintendent of Education, but shall comply with the
26provisions of subdivision (2) of this subsection (a) as soon

 

 

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1thereafter as may be as well as Section 10-20.21 of this Code.
2If the estimated cost to effectuate emergency repairs is
3greater than the amount specified in Section 10-20.21 of this
4Code, then the school district shall proceed in conformity with
5Section 10-20.21 of this Code and with rules established by the
6State Board of Education to address such situations. The rules
7adopted by the State Board of Education to deal with these
8situations shall stipulate that emergency situations must be
9expedited and given priority consideration. For purposes of
10this paragraph, an emergency is a situation that presents an
11imminent and continuing threat to the health and safety of
12students or other occupants of a facility, requires complete or
13partial evacuation of a building or part of a building, or
14consumes one or more of the 5 emergency days built into the
15adopted calendar of the school or schools or would otherwise be
16expected to cause such school or schools to fall short of the
17minimum school calendar requirements.
18    (b) Whenever any such district determines that it is
19necessary for energy conservation purposes that any school
20building or permanent, fixed equipment should be altered or
21reconstructed and that such alterations or reconstruction will
22be made with funds not necessary for the completion of approved
23and recommended projects contained in any safety survey report
24or amendments thereto authorized by Section 2-3.12 of this Act;
25the district may levy a tax or issue bonds as provided in
26subsection (a) of this Section.

 

 

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1    (c) Whenever any such district determines that it is
2necessary for accessibility purposes and to comply with the
3school building code that any school building or equipment
4should be altered or reconstructed and that such alterations or
5reconstruction will be made with funds not necessary for the
6completion of approved and recommended projects contained in
7any safety survey report or amendments thereto authorized under
8Section 2-3.12 of this Act, the district may levy a tax or
9issue bonds as provided in subsection (a) of this Section.
10    (d) Whenever any such district determines that it is
11necessary for school security purposes and the related
12protection and safety of pupils and school personnel that any
13school building or property should be altered or reconstructed
14or that security systems and equipment (including but not
15limited to intercom, early detection and warning, access
16control and television monitoring systems) should be purchased
17and installed, and that such alterations, reconstruction or
18purchase and installation of equipment will be made with funds
19not necessary for the completion of approved and recommended
20projects contained in any safety survey report or amendment
21thereto authorized by Section 2-3.12 of this Act and will deter
22and prevent unauthorized entry or activities upon school
23property by unknown or dangerous persons, assure early
24detection and advance warning of any such actual or attempted
25unauthorized entry or activities and help assure the continued
26safety of pupils and school staff if any such unauthorized

 

 

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1entry or activity is attempted or occurs; the district may levy
2a tax or issue bonds as provided in subsection (a) of this
3Section.
4    (e) If a school district does not need funds for other fire
5prevention and safety projects, including the completion of
6approved and recommended projects contained in any safety
7survey report or amendments thereto authorized by Section
82-3.12 of this Act, and it is determined after a public hearing
9(which is preceded by at least one published notice (i)
10occurring at least 7 days prior to the hearing in a newspaper
11of general circulation within the school district and (ii)
12setting forth the time, date, place, and general subject matter
13of the hearing) that there is a substantial, immediate, and
14otherwise unavoidable threat to the health, safety, or welfare
15of pupils due to disrepair of school sidewalks, playgrounds,
16parking lots, or school bus turnarounds and repairs must be
17made; then the district may levy a tax or issue bonds as
18provided in subsection (a) of this Section.
19    (f) For purposes of this Section a school district may
20replace a school building or build additions to replace
21portions of a building when it is determined that the
22effectuation of the recommendations for the existing building
23will cost more than the replacement costs. Such determination
24shall be based on a comparison of estimated costs made by an
25architect or engineer licensed in the State of Illinois. The
26new building or addition shall be equivalent in area (square

 

 

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1feet) and comparable in purpose and grades served and may be on
2the same site or another site. Such replacement may only be
3done upon order of the regional superintendent of schools and
4the approval of the State Superintendent of Education.
5    (g) The filing of a certified copy of the resolution
6levying the tax when accompanied by the certificates of the
7regional superintendent of schools and State Superintendent of
8Education shall be the authority of the county clerk to extend
9such tax.
10    (h) The county clerk of the county in which any school
11district levying a tax under the authority of this Section is
12located, in reducing raised levies, shall not consider any such
13tax as a part of the general levy for school purposes and shall
14not include the same in the limitation of any other tax rate
15which may be extended.
16    Such tax shall be levied and collected in like manner as
17all other taxes of school districts, subject to the provisions
18contained in this Section.
19    (i) The tax rate limit specified in this Section may be
20increased to .10% upon the approval of a proposition to effect
21such increase by a majority of the electors voting on that
22proposition at a regular scheduled election. Such proposition
23may be initiated by resolution of the school board and shall be
24certified by the secretary to the proper election authorities
25for submission in accordance with the general election law.
26    (j) When taxes are levied by any school district for fire

 

 

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1prevention, safety, energy conservation, and school security
2purposes as specified in this Section, and the purposes for
3which the taxes have been levied are accomplished and paid in
4full, and there remain funds on hand in the Fire Prevention and
5Safety Fund from the proceeds of the taxes levied, including
6interest earnings thereon, the school board by resolution shall
7use such excess and other board restricted funds, excluding
8bond proceeds and earnings from such proceeds, as follows:
9        (1) for other authorized fire prevention, safety,
10    energy conservation, required safety inspections, and
11    school security purposes, sampling for lead in drinking
12    water in schools, and for repair and mitigation due to lead
13    levels in the drinking water supply and for required safety
14    inspections; or
15        (2) for transfer to the Operations and Maintenance Fund
16    for the purpose of abating an equal amount of operations
17    and maintenance purposes taxes.
18Notwithstanding subdivision (2) of this subsection (j) and
19subsection (k) of this Section, through June 30, 2019, the
20school board may, by proper resolution following a public
21hearing set by the school board or the president of the school
22board (that is preceded (i) by at least one published notice
23over the name of the clerk or secretary of the board, occurring
24at least 7 days and not more than 30 days prior to the hearing,
25in a newspaper of general circulation within the school
26district and (ii) by posted notice over the name of the clerk

 

 

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1or secretary of the board, at least 48 hours before the
2hearing, at the principal office of the school board or at the
3building where the hearing is to be held if a principal office
4does not exist, with both notices setting forth the time, date,
5place, and subject matter of the hearing), transfer surplus
6life safety taxes and interest earnings thereon to the
7Operations and Maintenance Fund for building repair work.
8    (k) If any transfer is made to the Operation and
9Maintenance Fund, the secretary of the school board shall
10within 30 days notify the county clerk of the amount of that
11transfer and direct the clerk to abate the taxes to be extended
12for the purposes of operations and maintenance authorized under
13Section 17-2 of this Act by an amount equal to such transfer.
14    (l) If the proceeds from the tax levy authorized by this
15Section are insufficient to complete the work approved under
16this Section, the school board is authorized to sell bonds
17without referendum under the provisions of this Section in an
18amount that, when added to the proceeds of the tax levy
19authorized by this Section, will allow completion of the
20approved work.
21    (m) Any bonds issued pursuant to this Section shall bear
22interest at a rate not to exceed the maximum rate authorized by
23law at the time of the making of the contract, shall mature
24within 20 years from date, and shall be signed by the president
25of the school board and the treasurer of the school district.
26    (n) In order to authorize and issue such bonds, the school

 

 

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1board shall adopt a resolution fixing the amount of bonds, the
2date thereof, the maturities thereof, rates of interest
3thereof, place of payment and denomination, which shall be in
4denominations of not less than $100 and not more than $5,000,
5and provide for the levy and collection of a direct annual tax
6upon all the taxable property in the school district sufficient
7to pay the principal and interest on such bonds to maturity.
8Upon the filing in the office of the county clerk of the county
9in which the school district is located of a certified copy of
10the resolution, it is the duty of the county clerk to extend
11the tax therefor in addition to and in excess of all other
12taxes heretofore or hereafter authorized to be levied by such
13school district.
14    (o) After the time such bonds are issued as provided for by
15this Section, if additional alterations or reconstructions are
16required to be made because of surveys conducted by an
17architect or engineer licensed in the State of Illinois, the
18district may levy a tax at a rate not to exceed .05% per year
19upon all the taxable property of the district or issue
20additional bonds, whichever action shall be the most feasible.
21    (p) This Section is cumulative and constitutes complete
22authority for the issuance of bonds as provided in this Section
23notwithstanding any other statute or law to the contrary.
24    (q) With respect to instruments for the payment of money
25issued under this Section either before, on, or after the
26effective date of Public Act 86-004 (June 6, 1989), it is, and

 

 

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1always has been, the intention of the General Assembly (i) that
2the Omnibus Bond Acts are, and always have been, supplementary
3grants of power to issue instruments in accordance with the
4Omnibus Bond Acts, regardless of any provision of this Act that
5may appear to be or to have been more restrictive than those
6Acts, (ii) that the provisions of this Section are not a
7limitation on the supplementary authority granted by the
8Omnibus Bond Acts, and (iii) that instruments issued under this
9Section within the supplementary authority granted by the
10Omnibus Bond Acts are not invalid because of any provision of
11this Act that may appear to be or to have been more restrictive
12than those Acts.
13    (r) When the purposes for which the bonds are issued have
14been accomplished and paid for in full and there remain funds
15on hand from the proceeds of the bond sale and interest
16earnings therefrom, the board shall, by resolution, use such
17excess funds in accordance with the provisions of Section
1810-22.14 of this Act.
19    (s) Whenever any tax is levied or bonds issued for fire
20prevention, safety, energy conservation, and school security
21purposes, such proceeds shall be deposited and accounted for
22separately within the Fire Prevention and Safety Fund.
23(Source: P.A. 98-26, eff. 6-21-13; 98-1066, eff. 8-26-14;
2499-143, eff. 7-27-15; 99-713, eff. 8-5-16.)
 
25    (105 ILCS 5/17-2A)  (from Ch. 122, par. 17-2A)

 

 

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1    Sec. 17-2A. Interfund transfers.
2    (a) The school board of any district having a population of
3less than 500,000 inhabitants may, by proper resolution
4following a public hearing set by the school board or the
5president of the school board (that is preceded (i) by at least
6one published notice over the name of the clerk or secretary of
7the board, occurring at least 7 days and not more than 30 days
8prior to the hearing, in a newspaper of general circulation
9within the school district and (ii) by posted notice over the
10name of the clerk or secretary of the board, at least 48 hours
11before the hearing, at the principal office of the school board
12or at the building where the hearing is to be held if a
13principal office does not exist, with both notices setting
14forth the time, date, place, and subject matter of the
15hearing), transfer money from (1) the Educational Fund to the
16Operations and Maintenance Fund or the Transportation Fund, (2)
17the Operations and Maintenance Fund to the Educational Fund or
18the Transportation Fund, or (3) the Transportation Fund to the
19Educational Fund or the Operations and Maintenance Fund, or (4)
20the Tort Immunity Fund to the Operations and Maintenance Fund
21of said district, provided that, except during the period from
22July 1, 2003 through June 30, 2019, such transfer is made
23solely for the purpose of meeting one-time, non-recurring
24expenses. Except during the period from July 1, 2003 through
25June 30, 2019 and except as otherwise provided in subsection
26(b) of this Section, any other permanent interfund transfers

 

 

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1authorized by any provision or judicial interpretation of this
2Code for which the transferee fund is not precisely and
3specifically set forth in the provision of this Code
4authorizing such transfer shall be made to the fund of the
5school district most in need of the funds being transferred, as
6determined by resolution of the school board.
7     (b) (Blank). Notwithstanding subsection (a) of this
8Section or any other provision of this Code to the contrary,
9the school board of any school district (i) that is subject to
10the Property Tax Extension Limitation Law, (ii) that has a
11population of less than 500,000 inhabitants, (iii) that is
12levying at its maximum tax rate, (iv) whose total equalized
13assessed valuation has declined 20% in the prior 2 years, (v)
14in which 80% or more of its students receive free or
15reduced-price lunch, and (vi) that had an equalized assessed
16valuation of less than $207 million but more than $203 million
17in the 2011 levy year may annually, until July 1, 2016,
18transfer money from any fund of the district, other than the
19Illinois Municipal Retirement Fund and the Bonds and Interest
20Fund, to the educational fund, the operations and maintenance
21fund, or the transportation fund of the district by proper
22resolution following a public hearing set by the school board
23or the president of the school board, with notice as provided
24in subsection (a) of this Section, so long as the district
25meets the qualifications set forth in this subsection (b) on
26the effective date of this amendatory Act of the 98th General

 

 

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1Assembly even if the district does not meet those
2qualifications at the time a given transfer is made.
3(Source: P.A. 98-26, eff. 6-21-13; 98-131, eff. 1-1-14; 99-713,
4eff. 8-5-16.)
 
5    Section 15. The Public Utilities Act is amended by adding
6Section 9-246 as follows:
 
7    (220 ILCS 5/9-246 new)
8    Sec. 9-246. Rates; lead hazard cost recovery by
9investor-owned water utilities. In determining the rates for an
10investor-owned public utility engaged in providing water
11service, the Commission shall allow the utility to recover
12annually any reasonable costs incurred by the utility to comply
13with Section 35.5 of the Illinois Plumbing License Law.
 
14    Section 20. The Child Care Act of 1969 is amended by adding
15Section 5.9 as follows:
 
16    (225 ILCS 10/5.9 new)
17    Sec. 5.9. Lead testing of water in licensed day care
18centers, day care homes and group day care homes.
19    (a) On or before January 1, 2018, the Department, in
20consultation with the Department of Public Health, shall adopt
21rules that prescribe the procedures and standards to be used by
22the Department in assessing levels of lead in water in licensed

 

 

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1day care centers, day care homes, and group day care homes
2constructed on or before January 1, 2000 that serve children
3under the age of 6. Such rules shall, at a minimum, include
4provisions regarding testing parameters, the notification of
5sampling results, training requirements for lead exposure and
6mitigation.
7    (b) After adoption of the rules required by subsection (a),
8and as part of an initial application or application for
9renewal of a license for day care centers, day care homes, and
10group day care homes, the Department shall require proof that
11the applicant has complied with all such rules.
 
12    Section 25. The Illinois Plumbing License Law is amended by
13adding Section 35.5 as follows:
 
14    (225 ILCS 320/35.5 new)
15    Sec. 35.5. Lead in drinking water prevention.
16    (a) The General Assembly finds that lead has been detected
17in the drinking water of schools in this State. The General
18Assembly also finds that infants and young children may suffer
19adverse health effects and developmental delays as a result of
20exposure to even low levels of lead. The General Assembly
21further finds that it is in the best interests of the people of
22the State to require school districts or chief school
23administrators, or the designee of the school district or chief
24school administrator, to test for lead in drinking water in

 

 

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1school buildings and provide written notification of the test
2results.
3    The purpose of this Section is to require (i) school
4districts or chief school administrators, or the designees of
5the school districts or chief school administrators, to test
6for lead with the goal of providing school building occupants
7with an adequate supply of safe, potable water; and (ii) school
8districts or chief school administrators, or the designees of
9the school districts or chief school administrators, to notify
10the parents and legal guardians of enrolled students of the
11sampling results from their respective school buildings.
12    (b) For the purposes of this Section:
13    "Community water system" has the meaning provided in 35
14Ill. Adm. Code 611.101.
15    "School building" means any facility or portion thereof
16that was constructed on or before January 1, 2000 and may be
17occupied by more than 10 children or students, pre-kindergarten
18through grade 5, under the control of (a) a school district or
19(b) a public, private, charter, or nonpublic day or residential
20educational institution.
21    "Source of potable water" means the point at which
22non-bottled water that may be ingested by children or used for
23food preparation exits any tap, faucet, drinking fountain, wash
24basin in a classroom occupied by children or students under
25grade 1, or similar point of use; provided, however, that all
26(a) bathroom sinks and (b) wash basins used by janitorial staff

 

 

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1are excluded from this definition.
2    (c) Each school district or chief school administrator, or
3the designee of each school district or chief school
4administrator, shall test each source of potable water in a
5school building for lead contamination as required in this
6subsection.
7        (1) Each school district or chief school
8    administrator, or the designee of each school district or
9    chief school administrator, shall, at a minimum, (a)
10    collect a first-draw 250 milliliter sample of water, (b)
11    flush for 30 seconds, and (c) collect a second-draw 250
12    milliliter sample from each source of potable water located
13    at each corresponding school building; provided, however,
14    that to the extent that multiple sources of potable water
15    utilize the same drain, (i) the foregoing collection
16    protocol is required for one such source of potable water,
17    and (ii) only a first-draw 250 milliliter sample of water
18    is required from the remaining such sources of potable
19    water. The water corresponding to the first-draw 250
20    milliliter sample from each source of potable water shall
21    have been standing in the plumbing pipes for at least 8
22    hours, but not more than 18 hours, without any flushing of
23    the source of potable water before sample collection.
24        (2) Each school district or chief school
25    administrator, or the designee of each school district or
26    chief school administrator, shall submit or cause to be

 

 

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1    submitted (A) the samples to an Illinois Environmental
2    Protection Agency-accredited laboratory for analysis for
3    lead in accordance with the instructions supplied by an
4    Illinois Environmental Protection Agency-accredited
5    laboratory and (B) the written sampling results to the
6    Department within 7 business days of receipt of the
7    results.
8        (3) If any of the samples taken in the school exceed 5
9    parts per billion, the school district or chief school
10    administrator, or the designee of the school district or
11    chief school administrator, shall promptly provide an
12    individual notification of the sampling results, via
13    written or electronic communication, to the parents or
14    legal guardians of all enrolled students and include the
15    following information: the corresponding sampling location
16    within the school building and the United States
17    Environmental Protection Agency's website for information
18    about lead in drinking water. If any of the samples taken
19    at the school are at or below 5 parts per billion,
20    notification may be made as provided in this paragraph or
21    by posting on the school's website.
22        (4) Sampling and analysis required under this Section
23    shall be completed by the following applicable deadlines:
24    for school buildings constructed prior to January 1, 1987,
25    by December 31, 2017; and for school buildings constructed
26    between January 2, 1987 and January 1, 2000, by December

 

 

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1    31, 2018.
2        (5) A school district or chief school administrator, or
3    the designee of the school district or chief school
4    administrator, may seek a waiver of the requirements of
5    this subsection from the Department, if (A) the school
6    district or chief school administrator, or the designee of
7    the school district or chief school administrator,
8    collected at least one 250 milliliter or greater sample of
9    water from each source of potable water that had been
10    standing in the plumbing pipes for at least 6 hours and
11    that was collected without flushing the source of potable
12    water before collection, (B) an Illinois Environmental
13    Protection Agency-accredited laboratory analyzed the
14    samples, (C) test results were obtained prior to the
15    effective date of this amendatory Act of the 99th General
16    Assembly, but after January 1, 2013, and (D) test results
17    were submitted to the Department within 120 days of the
18    effective date of this amendatory Act of the 99th General
19    Assembly.
20        (6) The owner or operator of a community water system
21    may agree to pay for the cost of the laboratory analysis of
22    the samples required under this Section and may utilize the
23    lead hazard cost recovery fee under Section 11-150.1-1 of
24    the Illinois Municipal Code or other available funds to
25    defray said costs.
26        (7) Lead sampling results obtained shall not be used

 

 

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1    for purposes of determining compliance with the Board's
2    rules that implement the national primary drinking water
3    regulations for lead and copper.
4    (d) By no later than June 30, 2019, the Department shall
5determine whether it is necessary and appropriate to protect
6public health to require schools constructed in whole or in
7part after January 1, 2000 to conduct testing for lead from
8sources of potable water, taking into account, among other
9relevant information, the results of testing conducted
10pursuant to this Section.
11    (e) Within 90 days of the effective date of this amendatory
12Act of the 99th General Assembly, the Department shall post on
13its website guidance on mitigation actions for lead in drinking
14water, and ongoing water management practices, in schools. In
15preparing such guidance, the Department may, in part, reference
16the United States Environmental Protection Agency's 3Ts for
17Reducing Lead in Drinking Water in Schools.
 
18    Section 30. The Environmental Protection Act is amended by
19changing Section 19.3 and by adding Section 17.11 as follows:
 
20    (415 ILCS 5/17.11 new)
21    Sec. 17.11. Lead in drinking water notifications and
22inventories.
23    (a) The purpose of this Section is to require the owners
24and operators of community water systems to (i) create a

 

 

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1comprehensive lead service line inventory; and (ii) provide
2notice to occupants of potentially affected residences of
3construction or repair work on water mains, lead service lines,
4or water meters.
5    (b) For the purposes of this Section:
6        "Community water system" has the meaning provided in 35
7    Ill. Adm. Code 611.101.
8        "Potentially affected residence" means any residence
9    where water service is or may be temporarily interrupted or
10    shut off by or on behalf of an owner or operator of a
11    community water system because construction or repair work
12    is to be performed by or on behalf of the owner or operator
13    of a community water system on or affecting a water main,
14    service line, or water meter.
15        "Small system" has the meaning provided in 35 Ill. Adm.
16    Code 611.350.
17    (c) The owner or operator of each community water system in
18the State shall develop a water distribution system material
19inventory that shall be submitted in written or electronic form
20to the Agency on an annual basis commencing on April 15, 2018
21and continuing on each April 15 thereafter until the water
22distribution system material inventory is completed. In
23addition to meeting the requirements for water distribution
24system material inventories that are mandated by the United
25States Environmental Protection Agency, each water
26distribution system material inventory shall identify:

 

 

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1        (1) the total number of service lines within or
2    connected to the distribution system, including privately
3    owned service lines;
4        (2) the number of all known lead service lines within
5    or connected to the distribution system, including
6    privately owned lead service lines; and
7        (3) the number of the lead service lines that were
8    added to the inventory after the previous year's
9    submission.
10    Nothing in this subsection shall be construed to require
11that service lines be unearthed.
12    (d) Beginning on January 1, 2018, when conducting routine
13inspections of community water systems as required under this
14Act, the Agency may conduct a separate audit to identify
15progress that the community water system has made toward
16completing the water distribution system material inventories
17required under subsection (c) of this Section.
18    (e) The owner or operator of the community water system
19shall provide notice of construction or repair work on a water
20main service line, or water meter in accordance with the
21following requirements:
22        (1) At least 14 days prior to beginning planned work to
23    repair or replace any water mains or lead service lines,
24    the owner or operator of a community water system shall
25    notify, through an individual written notice, each
26    potentially affected residence of the planned work. In

 

 

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1    cases where a community water system must perform
2    construction or repair work on an emergency basis or where
3    such work is not scheduled at least 14 days prior to work
4    taking place, the community water system shall notify each
5    potentially affected residence as soon as reasonably
6    possible. When work is to repair or replace a water meter,
7    the notification shall be provided at the time the work is
8    initiated.
9        (2) Such notification shall include, at a minimum:
10            (A) a warning that the work may result in sediment,
11        possibly containing lead, in the residence's water
12        supply; and
13            (B) information concerning best practices for
14        preventing the consumption of any lead in drinking
15        water, including a recommendation to flush water lines
16        during and after the completion of the repair or
17        replacement work and to clean faucet aerator screens;
18        and
19            (C) information regarding the dangers of lead in
20        young children.
21        (3) To the extent that the owner or operator of a
22    community water system serves a significant proportion of
23    non-English speaking consumers, the notification must
24    contain information in the appropriate languages regarding
25    the importance of the notice, and it must contain a
26    telephone number or address where a person served may

 

 

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1    contact the owner or operator of the community water system
2    to obtain a translated copy of the notification or to
3    request assistance in the appropriate language.
4        (4) Notwithstanding anything to the contrary set forth
5    in this Section, to the extent that (a) notification is
6    required for the entire community served by a community
7    water system, (b) notification is required for
8    construction or repairs occurring on an emergency basis, or
9    (c) the community water system is a small system,
10    publication notification, through a local media, social
11    media or other similar means, may be utilized in lieu of an
12    individual written notification.
13        (5) If an owner or operator is required to provide an
14    individual written notification to a residence that is a
15    multidwelling building, posting a written notification on
16    the primary entrance way to the building shall be
17    sufficient.
18        (6) The notification requirements in this subsection
19    (e) do not apply to work performed on water mains that are
20    used to transmit treated water between community water
21    systems and have no service connections.
22        (7) The owner or operator of a community water system
23    may seek a full or partial waiver of the requirements of
24    this subsection from the Agency if (i) the community water
25    system was originally constructed without lead, (ii) the
26    residential structures were constructed under local

 

 

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1    building codes that categorically prohibited lead
2    construction materials or the owner or operator of a
3    community water system certifies that any residential
4    structures requiring notification were constructed without
5    lead, and (iii) no lead sediment is likely to be present
6    within the community water system or residential
7    structures. The owner or operator of a community water
8    system may seek a time-limited or permanent waiver.
9        (8) The owner and operator of a community water system
10    shall not be required to comply with this subsection (e) to
11    the extent that the corresponding water distribution
12    system material inventory has been completed that
13    demonstrates the water distribution system does not
14    contain any lead.
 
15    (415 ILCS 5/19.3)  (from Ch. 111 1/2, par. 1019.3)
16    Sec. 19.3. Water Revolving Fund.
17    (a) There is hereby created within the State Treasury a
18Water Revolving Fund, consisting of 3 interest-bearing special
19programs to be known as the Water Pollution Control Loan
20Program, the Public Water Supply Loan Program, and the Loan
21Support Program, which shall be used and administered by the
22Agency.
23    (b) The Water Pollution Control Loan Program shall be used
24and administered by the Agency to provide assistance for the
25following purposes:

 

 

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1        (1) to accept and retain funds from grant awards,
2    appropriations, transfers, and payments of interest and
3    principal;
4        (2) to make direct loans at or below market interest
5    rates and to provide additional subsidization, including,
6    but not limited to, forgiveness of principal, negative
7    interest rates, and grants, to any eligible local
8    government unit to finance the construction of treatments
9    works, including storm water treatment systems that are
10    treatment works, and projects that fulfill federal State
11    Revolving Fund grant requirements for a green project
12    reserve;
13        (2.5) with respect to funds provided under the American
14    Recovery and Reinvestment Act of 2009:
15            (A) to make direct loans at or below market
16        interest rates to any eligible local government unit
17        and to provide additional subsidization to any
18        eligible local government unit, including, but not
19        limited to, forgiveness of principal, negative
20        interest rates, and grants;
21            (B) to make direct loans at or below market
22        interest rates to any eligible local government unit to
23        buy or refinance debt obligations for treatment works
24        incurred on or after October 1, 2008; and
25            (C) to provide additional subsidization,
26        including, but not limited to, forgiveness of

 

 

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1        principal, negative interest rates, and grants for
2        treatment works incurred on or after October 1, 2008;
3        (3) to make direct loans at or below market interest
4    rates and to provide additional subsidization, including,
5    but not limited to, forgiveness of principal, negative
6    interest rates, and grants, to any eligible local
7    government unit to buy or refinance debt obligations for
8    costs incurred after March 7, 1985, for the construction of
9    treatment works, including storm water treatment systems
10    that are treatment works, and projects that fulfill federal
11    State Revolving Fund grant requirements for a green project
12    reserve;
13        (3.5) to make loans, including, but not limited to,
14    loans through a linked deposit program, at or below market
15    interest rates for the implementation of a management
16    program established under Section 319 of the Federal Water
17    Pollution Control Act, as amended;
18        (4) to guarantee or purchase insurance for local
19    obligations where such action would improve credit market
20    access or reduce interest rates;
21        (5) as a source of revenue or security for the payment
22    of principal and interest on revenue or general obligation
23    bonds issued by the State or any political subdivision or
24    instrumentality thereof, if the proceeds of such bonds will
25    be deposited in the Fund;
26        (6) to finance the reasonable costs incurred by the

 

 

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1    Agency in the administration of the Fund;
2        (7) to transfer funds to the Public Water Supply Loan
3    Program; and
4        (8) notwithstanding any other provision of this
5    subsection (b), to provide, in accordance with rules
6    adopted under this Title, any other financial assistance
7    that may be provided under Section 603 of the Federal Water
8    Pollution Control Act for any other projects or activities
9    eligible for assistance under that Section or federal rules
10    adopted to implement that Section.
11    (c) The Loan Support Program shall be used and administered
12by the Agency for the following purposes:
13        (1) to accept and retain funds from grant awards and
14    appropriations;
15        (2) to finance the reasonable costs incurred by the
16    Agency in the administration of the Fund, including
17    activities under Title III of this Act, including the
18    administration of the State construction grant program;
19        (3) to transfer funds to the Water Pollution Control
20    Loan Program and the Public Water Supply Loan Program;
21        (4) to accept and retain a portion of the loan
22    repayments;
23        (5) to finance the development of the low interest loan
24    programs for water pollution control and public water
25    supply projects;
26        (6) to finance the reasonable costs incurred by the

 

 

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1    Agency to provide technical assistance for public water
2    supplies; and
3        (7) to finance the reasonable costs incurred by the
4    Agency for public water system supervision programs, to
5    administer or provide for technical assistance through
6    source water protection programs, to develop and implement
7    a capacity development strategy, to delineate and assess
8    source water protection areas, and for an operator
9    certification program in accordance with Section 1452 of
10    the federal Safe Drinking Water Act.
11    (d) The Public Water Supply Loan Program shall be used and
12administered by the Agency to provide assistance to local
13government units and privately owned community water supplies
14for public water supplies for the following public purposes:
15        (1) to accept and retain funds from grant awards,
16    appropriations, transfers, and payments of interest and
17    principal;
18        (2) to make direct loans at or below market interest
19    rates and to provide additional subsidization, including,
20    but not limited to, forgiveness of principal, negative
21    interest rates, and grants, to any eligible local
22    government unit or to any eligible privately owned
23    community water supply to finance the construction of water
24    supplies and projects that fulfill federal State Revolving
25    Fund grant requirements for a green project reserve;
26        (2.5) with respect to funds provided under the American

 

 

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1    Recovery and Reinvestment Act of 2009:
2            (A) to make direct loans at or below market
3        interest rates to any eligible local government unit or
4        to any eligible privately owned community water
5        supply, and to provide additional subsidization to any
6        eligible local government unit or to any eligible
7        privately owned community water supply, including, but
8        not limited to, forgiveness of principal, negative
9        interest rates, and grants;
10            (B) to buy or refinance the debt obligation of a
11        local government unit for costs incurred on or after
12        October 1, 2008; and
13            (C) to provide additional subsidization,
14        including, but not limited to, forgiveness of
15        principal, negative interest rates, and grants for a
16        local government unit for costs incurred on or after
17        October 1, 2008;
18        (3) to make direct loans at or below market interest
19    rates and to provide additional subsidization, including,
20    but not limited to, forgiveness of principal, negative
21    interest rates, and grants, to any eligible local
22    government unit or to any eligible privately owned
23    community water supply to buy or refinance debt obligations
24    for costs incurred on or after July 17, 1997, for the
25    construction of water supplies and projects that fulfill
26    federal State Revolving Fund requirements for a green

 

 

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1    project reserve;
2        (4) to guarantee local obligations where such action
3    would improve credit market access or reduce interest
4    rates;
5        (5) as a source of revenue or security for the payment
6    of principal and interest on revenue or general obligation
7    bonds issued by the State or any political subdivision or
8    instrumentality thereof, if the proceeds of such bonds will
9    be deposited into the Fund; and
10        (6) to transfer funds to the Water Pollution Control
11    Loan Program; and .
12        (7) notwithstanding any other provision of this
13    subsection (d), to provide to local government units and
14    privately owned community water supplies any other
15    financial assistance that may be provided under Section
16    1452 of the federal Safe Drinking Water Act for any
17    expenditures eligible for assistance under that Section or
18    federal rules adopted to implement that Section.
19    (e) The Agency is designated as the administering agency of
20the Fund. The Agency shall submit to the Regional Administrator
21of the United States Environmental Protection Agency an
22intended use plan which outlines the proposed use of funds
23available to the State. The Agency shall take all actions
24necessary to secure to the State the benefits of the federal
25Water Pollution Control Act and the federal Safe Drinking Water
26Act, as now or hereafter amended.

 

 

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1    (f) The Agency shall have the power to enter into
2intergovernmental agreements with the federal government or
3the State, or any instrumentality thereof, for purposes of
4capitalizing the Water Revolving Fund. Moneys on deposit in the
5Water Revolving Fund may be used for the creation of reserve
6funds or pledged funds that secure the obligations of repayment
7of loans made pursuant to this Section. For the purpose of
8obtaining capital for deposit into the Water Revolving Fund,
9the Agency may also enter into agreements with financial
10institutions and other persons for the purpose of selling loans
11and developing a secondary market for such loans. The Agency
12shall have the power to create and establish such reserve funds
13and accounts as may be necessary or desirable to accomplish its
14purposes under this subsection and to allocate its available
15moneys into such funds and accounts. Investment earnings on
16moneys held in the Water Revolving Fund, including any reserve
17fund or pledged fund, shall be deposited into the Water
18Revolving Fund.
19(Source: P.A. 98-782, eff. 7-23-14; 99-187, eff. 7-29-15.)
 
20    Section 35. The Local Governmental and Governmental
21Employees Tort Immunity Act is amended by changing Section
229-107 as follows:
 
23    (745 ILCS 10/9-107)  (from Ch. 85, par. 9-107)
24    Sec. 9-107. Policy; tax levy.

 

 

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1    (a) The General Assembly finds that the purpose of this
2Section is to provide an extraordinary tax for funding expenses
3relating to (i) tort liability, (ii) liability relating to
4actions brought under the federal Comprehensive Environmental
5Response, Compensation, and Liability Act of 1980 or the
6Environmental Protection Act, but only until December 31, 2010,
7(iii) insurance, and (iv) risk management programs. Thus, the
8tax has been excluded from various limitations otherwise
9applicable to tax levies. Notwithstanding the extraordinary
10nature of the tax authorized by this Section, however, it has
11become apparent that some units of local government are using
12the tax revenue to fund expenses more properly paid from
13general operating funds. These uses of the revenue are
14inconsistent with the limited purpose of the tax authorization.
15    Therefore, the General Assembly declares, as a matter of
16policy, that (i) the use of the tax revenue authorized by this
17Section for purposes not expressly authorized under this Act is
18improper and (ii) the provisions of this Section shall be
19strictly construed consistent with this declaration and the
20Act's express purposes.
21    (b) A local public entity may annually levy or have levied
22on its behalf taxes upon all taxable property within its
23territory at a rate that will produce a sum that will be
24sufficient to: (i) pay the cost of insurance, individual or
25joint self-insurance (including reserves thereon), including
26all operating and administrative costs and expenses directly

 

 

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1associated therewith, claims services and risk management
2directly attributable to loss prevention and loss reduction,
3legal services directly attributable to the insurance,
4self-insurance, or joint self-insurance program, and
5educational, inspectional, and supervisory services directly
6relating to loss prevention and loss reduction, participation
7in a reciprocal insurer as provided in Sections 72, 76, and 81
8of the Illinois Insurance Code, or participation in a
9reciprocal insurer, all as provided in settlements or judgments
10under Section 9-102, including all costs and reserves directly
11attributable to being a member of an insurance pool, under
12Section 9-103; (ii) pay the costs of and principal and interest
13on bonds issued under Section 9-105; (iii) pay judgments and
14settlements under Section 9-104 of this Act; (iv) discharge
15obligations under Section 34-18.1 of the School Code or make
16transfers under Section 17-2A of the School Code; (v) pay
17judgments and settlements under the federal Comprehensive
18Environmental Response, Compensation, and Liability Act of
191980 and the Environmental Protection Act, but only until
20December 31, 2010; (vi) pay the costs authorized by the
21Metro-East Sanitary District Act of 1974 as provided in
22subsection (a) of Section 5-1 of that Act (70 ILCS 2905/5-1);
23and (vii) pay the cost of risk management programs. Provided it
24complies with any other applicable statutory requirements, the
25local public entity may self-insure and establish reserves for
26expected losses for any property damage or for any liability or

 

 

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1loss for which the local public entity is authorized to levy or
2have levied on its behalf taxes for the purchase of insurance
3or the payment of judgments or settlements under this Section.
4The decision of the board to establish a reserve shall be based
5on reasonable actuarial or insurance underwriting evidence and
6subject to the limits and reporting provisions in Section
79-103.
8    If a school district was a member of a
9joint-self-health-insurance cooperative that had more
10liability in outstanding claims than revenue to pay those
11claims, the school board of that district may by resolution
12make a one-time transfer from any fund in which tort immunity
13moneys are maintained to the fund or funds from which payments
14to a joint-self-health-insurance cooperative can be or have
15been made of an amount not to exceed the amount of the
16liability claim that the school district owes to the
17joint-self-health-insurance cooperative or that the school
18district paid within the 2 years immediately preceding the
19effective date of this amendatory Act of the 92nd General
20Assembly.
21    Funds raised pursuant to this Section shall, unless
22lawfully transferred as provided in Section 17-2A of the School
23Code, only be used for the purposes specified in this Act,
24including protection against and reduction of any liability or
25loss described hereinabove and under Federal or State common or
26statutory law, the Workers' Compensation Act, the Workers'

 

 

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1Occupational Diseases Act and the Unemployment Insurance Act.
2Funds raised pursuant to this Section may be invested in any
3manner in which other funds of local public entities may be
4invested under Section 2 of the Public Funds Investment Act.
5Interest on such funds shall be used only for purposes for
6which the funds can be used or, if surplus, must be used for
7abatement of property taxes levied by the local taxing entity.
8    A local public entity may enter into intergovernmental
9contracts with a term of not to exceed 12 years for the
10provision of joint self-insurance which contracts may include
11an obligation to pay a proportional share of a general
12obligation or revenue bond or other debt instrument issued by a
13local public entity which is a party to the intergovernmental
14contract and is authorized by the terms of the contract to
15issue the bond or other debt instrument. Funds due under such
16contracts shall not be considered debt under any constitutional
17or statutory limitation and the local public entity may levy or
18have levied on its behalf taxes to pay for its proportional
19share under the contract. Funds raised pursuant to
20intergovernmental contracts for the provision of joint
21self-insurance may only be used for the payment of any cost,
22liability or loss against which a local public entity may
23protect itself or self-insure pursuant to Section 9-103 or for
24the payment of which such entity may levy a tax pursuant to
25this Section, including tort judgments or settlements, costs
26associated with the issuance, retirement or refinancing of the

 

 

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1bonds or other debt instruments, the repayment of the principal
2or interest of the bonds or other debt instruments, the costs
3of the administration of the joint self-insurance fund,
4consultant, and risk care management programs or the costs of
5insurance. Any surplus returned to the local public entity
6under the terms of the intergovernmental contract shall be used
7only for purposes set forth in subsection (a) of Section 9-103
8and Section 9-107 or for abatement of property taxes levied by
9the local taxing entity.
10    Any tax levied under this Section shall be levied and
11collected in like manner with the general taxes of the entity
12and shall be exclusive of and in addition to the amount of tax
13that entity is now or may hereafter be authorized to levy for
14general purposes under any statute which may limit the amount
15of tax which that entity may levy for general purposes. The
16county clerk of the county in which any part of the territory
17of the local taxing entity is located, in reducing tax levies
18under the provisions of any Act concerning the levy and
19extension of taxes, shall not consider any tax provided for by
20this Section as a part of the general tax levy for the purposes
21of the entity nor include such tax within any limitation of the
22percent of the assessed valuation upon which taxes are required
23to be extended for such entity.
24    With respect to taxes levied under this Section, either
25before, on, or after the effective date of this amendatory Act
26of 1994:

 

 

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1        (1) Those taxes are excepted from and shall not be
2    included within the rate limitation imposed by law on taxes
3    levied for general corporate purposes by the local public
4    entity authorized to levy a tax under this Section.
5        (2) Those taxes that a local public entity has levied
6    in reliance on this Section and that are excepted under
7    paragraph (1) from the rate limitation imposed by law on
8    taxes levied for general corporate purposes by the local
9    public entity are not invalid because of any provision of
10    the law authorizing the local public entity's tax levy for
11    general corporate purposes that may be construed or may
12    have been construed to restrict or limit those taxes
13    levied, and those taxes are hereby validated. This
14    validation of taxes levied applies to all cases pending on
15    or after the effective date of this amendatory Act of 1994.
16        (3) Paragraphs (1) and (2) do not apply to a hospital
17    organized under Article 170 or 175 of the Township Code,
18    under the Town Hospital Act, or under the Township
19    Non-Sectarian Hospital Act and do not give any authority to
20    levy taxes on behalf of such a hospital in excess of the
21    rate limitation imposed by law on taxes levied for general
22    corporate purposes. A hospital organized under Article 170
23    or 175 of the Township Code, under the Town Hospital Act,
24    or under the Township Non-Sectarian Hospital Act is not
25    prohibited from levying taxes in support of tort liability
26    bonds if the taxes do not cause the hospital's aggregate

 

 

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1    tax rate from exceeding the rate limitation imposed by law
2    on taxes levied for general corporate purposes.
3    Revenues derived from such tax shall be paid to the
4treasurer of the local taxing entity as collected and used for
5the purposes of this Section and of Section 9-102, 9-103, 9-104
6or 9-105, as the case may be. If payments on account of such
7taxes are insufficient during any year to meet such purposes,
8the entity may issue tax anticipation warrants against the
9current tax levy in the manner provided by statute.
10(Source: P.A. 95-244, eff. 8-17-07; 95-723, eff. 6-23-08.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.