Full Text of SB0550 99th General Assembly
SB0550sam003 99TH GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 5/29/2016
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| 1 | | AMENDMENT TO SENATE BILL 550
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 550 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Public Health Act is amended | 5 | | by adding Section 5.2 as follows: | 6 | | (20 ILCS 2305/5.2 new) | 7 | | Sec. 5.2. Identification of plumbing-related lead hazards | 8 | | in schools. To protect children and other members of the public | 9 | | from any threat to public health that might be posed by lead in | 10 | | drinking water at schools, the Department of Public Health | 11 | | shall, as soon as practicable after the effective date of this | 12 | | amendatory Act of the 99th General Assembly but no later than | 13 | | June 30, 2018, adopt rules that (i) establish a program to | 14 | | identify, in each school in the State, any lead service line or | 15 | | lead-bearing plumbing that is a lead hazard, as defined in | 16 | | Section 2 of the Lead Poisoning Prevention Act, and (ii) |
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| 1 | | require the mitigation of those lead hazards within a | 2 | | reasonable time after their identification. | 3 | | Section 10. The Environmental Protection Act is amended by | 4 | | changing Sections 19.3 and 19.4 and by adding Section 17.11 as | 5 | | follows: | 6 | | (415 ILCS 5/17.11 new) | 7 | | Sec. 17.11. Lead in drinking water prevention. | 8 | | (a) For the purposes of this Section: | 9 | | "First-draw sample" means one liter of water volume | 10 | | collected at a source of potable water and prior to the | 11 | | sample there must be a minimum of 6 hours during which | 12 | | there is no water used from the source of potable water or | 13 | | any sources adjacent or close to that source. | 14 | | "Non-source origination community water system" means | 15 | | a community water system owned by a city, village, or | 16 | | incorporated town that receives improved water from a | 17 | | source origination community water system and distributes | 18 | | that water outside the corporate limits of the city, | 19 | | village, or incorporated town that owns the source | 20 | | origination community water system. | 21 | | "Potentially affected residence" means any residence | 22 | | where water service is or may be temporarily interrupted or | 23 | | shut off by the community water supply because the supply | 24 | | is carrying out construction or repair work. |
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| 1 | | "School" means any school district or public, private, | 2 | | charter, or nonpublic day or residential educational | 3 | | institution, constructed prior to 1987 that provides | 4 | | education from pre-kindergarten through grade 5 and | 5 | | receives water from a community water supply. | 6 | | "Source of potable water" means the point at which | 7 | | non-bottled water exits any tap, faucet, drinking | 8 | | fountain, or similar point of use regularly ingested by | 9 | | children or used for food preparation. | 10 | | "Source origination community water system" means a | 11 | | community water system owned by a city, village, or | 12 | | incorporated town that operates a waterworks whereby a | 13 | | source of water from a lake, river, or other source is | 14 | | treated at the waterworks and furnished to a non-source | 15 | | origination community water system that operates outside | 16 | | the corporate limits of the city, village, or incorporated | 17 | | town. | 18 | | (b) Prior to December 31, 2019, schools shall collect and | 19 | | the owner or operator of a community water supply shall analyze | 20 | | for lead a first-draw sample from representative sources of | 21 | | potable water located at each school within the community water | 22 | | supply distribution system. Representative sources of potable | 23 | | water shall include at least one sample from each unique model | 24 | | of drinking fountain or fixture that provides potable water. | 25 | | The community water supply shall provide the school with | 26 | | technical assistance to determine the sampling locations that |
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| 1 | | are most representative of the sources of potable water at each | 2 | | school. The community water supply shall supply each school | 3 | | with the sampling instructions and equipment necessary to | 4 | | collect all required lead samples. Lead sampling results | 5 | | obtained shall not be used for purposes of determining | 6 | | compliance with the Board rules that implement the national | 7 | | primary drinking water regulations for lead and copper. The | 8 | | community water supply shall submit all lead sampling results | 9 | | to the school and the Department of Public Health within 7 | 10 | | business days of receipt of the results. If any sample exceeds | 11 | | the lead action level of 15 parts per billion (15 micrograms | 12 | | per liter), the school shall promptly notify the parents or | 13 | | legal guardians of all enrolled students of the exceedance and | 14 | | its location within the school and direct them to the United | 15 | | States Environmental Protection Agency's website for | 16 | | information about lead in drinking water. | 17 | | An investor-owned water utility shall be allowed to | 18 | | annually recover expenditures associated with this Section | 19 | | through its rates. | 20 | | (c) Within 180 days after the effective date of this | 21 | | amendatory Act of the 99th General Assembly, the owner or | 22 | | operator of a community water supply shall develop and submit | 23 | | to the Department of Public Health a plan to compile a | 24 | | comprehensive inventory of all lead service lines within the | 25 | | community water supply distribution system including privately | 26 | | owned lead service lines. At a minimum, the plan shall include: |
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| 1 | | (1) a procedure for determining whether any water | 2 | | service lines exposed as a result of construction or | 3 | | excavation by the community water supply or any other | 4 | | public utility are made of lead; and | 5 | | (2) a procedure by which the owner or operator of the | 6 | | community water supply will update the information in its | 7 | | lead service line inventory on at least an annual basis. | 8 | | The owner or operator of a community water supply shall | 9 | | implement the lead service line inventory development plan in | 10 | | accordance with its terms. | 11 | | (d) On or before April 15 of each year, the owner or | 12 | | operator of a community water supply shall submit to the | 13 | | Department of Public Health an inventory of all known lead | 14 | | service lines within its community water supply distribution | 15 | | system, including privately owned lead service lines current | 16 | | through at least the end of the previous calendar year. The | 17 | | lead service line inventory shall separately identify the lead | 18 | | service lines that were added to the inventory after the | 19 | | previous year's submission and shall include a summary that | 20 | | provides: | 21 | | (1) the total number of service lines within the | 22 | | community water supply distribution system; | 23 | | (2) the percentage of service lines that are known to | 24 | | contain lead; | 25 | | (3) the percentage of service lines that are known to | 26 | | be of a material other than lead; and |
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| 1 | | (4) the percentage of service lines added to the | 2 | | inventory after the previous submission of the annual lead | 3 | | service line inventory. | 4 | | (e) Beginning January 1, 2017, when conducting routine | 5 | | inspections of community water supplies as required under this | 6 | | Act, the Agency may conduct a separate audit to identify | 7 | | progress that the community water supply has made toward | 8 | | completing the material inventories required under this | 9 | | Section. | 10 | | (f) The owner or operator of a community water supply shall | 11 | | promptly notify the owners and occupants of a residence where | 12 | | sampling results show lead levels in any individual tap sample | 13 | | exceed 15 parts per billion (15 micrograms per liter) and shall | 14 | | also provide public education materials comparable in content | 15 | | to the public education materials that the Board rules require | 16 | | to be delivered when a supplier exceeds the lead action level. | 17 | | (g) The owner or operator of a community water supply | 18 | | shall, 14 days prior to beginning planned work to repair or | 19 | | replace any water mains or lead service lines, notify the | 20 | | owners and occupants of all potentially affected residences of | 21 | | the planned work. In cases where a community water supply must | 22 | | perform construction or repair work on an emergency basis or | 23 | | where such work is not scheduled at least 14 days prior to work | 24 | | taking place, the community water supply shall notify | 25 | | potentially affected residences as soon as reasonably | 26 | | possible. When work is to repair or replace a water meter, the |
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| 1 | | notification shall be provided at the time the work is | 2 | | initiated. The notification shall include: | 3 | | (1) a warning that the work may result in sediment, | 4 | | possibly containing lead, in the residence's water supply; | 5 | | and | 6 | | (2) information concerning best practices for | 7 | | preventing the consumption of any lead in drinking water, | 8 | | including a recommendation to flush water lines during and | 9 | | after the completion of the repair or replacement work and | 10 | | to clean faucet aerator screens. | 11 | | (h) A source origination community water system's | 12 | | obligation to comply with this Section is limited | 13 | | geographically to any and all activity that occurs within the | 14 | | corporate limits of the city, village, or incorporated town | 15 | | that owns or operates the source origination community water | 16 | | system. Once a source origination community water system has | 17 | | furnished water to a non-source origination community water | 18 | | system, it is the sole responsibility of that system to comply | 19 | | with and implement the provisions of this Section. Nothing in | 20 | | this Section shall relieve a community water system of its | 21 | | obligations under the Public Water Supply Operations Act.
| 22 | | (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
| 23 | | Sec. 19.3. Water Revolving Fund.
| 24 | | (a) There is hereby created within the State Treasury a | 25 | | Water Revolving
Fund, consisting of 3 interest-bearing special |
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| 1 | | programs to be known as the
Water Pollution Control Loan | 2 | | Program, the Public Water Supply Loan Program, and
the Loan | 3 | | Support Program, which shall be used and administered by the | 4 | | Agency.
| 5 | | (b) The Water Pollution Control Loan Program shall be used | 6 | | and administered
by the Agency to provide assistance for the | 7 | | following purposes:
| 8 | | (1) to accept and retain funds from grant awards, | 9 | | appropriations,
transfers, and payments of interest and | 10 | | principal;
| 11 | | (2) to make direct loans at or below market interest | 12 | | rates and to provide additional subsidization, including, | 13 | | but not limited to, forgiveness of principal, negative | 14 | | interest rates, and grants, to any
eligible local | 15 | | government unit to finance the construction of
treatments | 16 | | works, including storm water treatment systems that are | 17 | | treatment works, and projects that fulfill federal State | 18 | | Revolving Fund grant requirements for a green project | 19 | | reserve , and sampling and replacement of lead pipes and | 20 | | fixtures in schools ;
| 21 | | (2.5) with respect to funds provided under the American | 22 | | Recovery and Reinvestment Act of 2009: | 23 | | (A) to make direct loans at or below market | 24 | | interest rates to any eligible local government unit | 25 | | and to provide additional subsidization to any | 26 | | eligible local government unit, including, but not |
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| 1 | | limited to, forgiveness of principal, negative | 2 | | interest rates, and grants; | 3 | | (B) to make direct loans at or below market | 4 | | interest rates to any eligible local government unit to | 5 | | buy or refinance debt obligations for treatment works | 6 | | incurred on or after October 1, 2008; and | 7 | | (C) to provide additional subsidization, | 8 | | including, but not limited to, forgiveness of | 9 | | principal, negative interest rates, and grants for | 10 | | treatment works incurred on or after October 1, 2008; | 11 | | (3) to make direct loans at or below market interest | 12 | | rates and to provide additional subsidization, including, | 13 | | but not limited to, forgiveness of principal, negative | 14 | | interest rates, and grants, to any
eligible local | 15 | | government unit to buy or refinance debt obligations for | 16 | | costs
incurred after March 7, 1985, for the construction of | 17 | | treatment works, including storm water treatment systems | 18 | | that are treatment works, and projects that fulfill federal | 19 | | State Revolving Fund grant requirements for a green project | 20 | | reserve;
| 21 | | (3.5) to make loans, including, but not limited to, | 22 | | loans through a linked deposit program, at or below market | 23 | | interest rates for the
implementation of a management | 24 | | program established under Section 319 of the
Federal Water | 25 | | Pollution Control Act, as amended;
| 26 | | (4) to guarantee or purchase insurance for local |
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| 1 | | obligations
where such action would improve credit market | 2 | | access or reduce interest rates;
| 3 | | (5) as a source of revenue or security for the payment | 4 | | of principal and
interest on revenue or general obligation | 5 | | bonds issued by the State or any
political subdivision or | 6 | | instrumentality thereof, if the proceeds of such
bonds will | 7 | | be deposited in the Fund;
| 8 | | (6) to finance the reasonable costs incurred by the | 9 | | Agency in the
administration of the Fund;
| 10 | | (7) to transfer funds to the Public Water Supply Loan | 11 | | Program; and
| 12 | | (8) notwithstanding any other provision of this | 13 | | subsection (b), to provide, in accordance with rules | 14 | | adopted under this Title, any other financial assistance | 15 | | that may be provided under Section 603 of the Federal Water | 16 | | Pollution Control Act for any other projects or activities | 17 | | eligible for assistance under that Section or federal rules | 18 | | adopted to implement that Section. | 19 | | (c) The Loan Support Program shall be used and administered | 20 | | by the Agency
for the following purposes:
| 21 | | (1) to accept and retain funds from grant awards and | 22 | | appropriations;
| 23 | | (2) to finance the reasonable costs incurred by the | 24 | | Agency in the
administration of the Fund, including | 25 | | activities under Title III of this
Act, including the | 26 | | administration of the State
construction grant program;
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| 1 | | (3) to transfer funds to the Water Pollution Control | 2 | | Loan
Program and the Public Water Supply Loan Program;
| 3 | | (4) to accept and retain a portion of the loan | 4 | | repayments;
| 5 | | (5) to finance the development of the low interest loan
| 6 | | programs for water pollution control and public water | 7 | | supply projects;
| 8 | | (6) to finance the reasonable costs incurred by the | 9 | | Agency to provide
technical assistance for public water | 10 | | supplies; and
| 11 | | (7) to finance the reasonable costs incurred by the | 12 | | Agency for
public water system supervision programs, to | 13 | | administer or provide for
technical assistance through | 14 | | source water protection programs, to develop and
implement | 15 | | a capacity development strategy, to delineate and assess | 16 | | source water
protection areas, and for an operator | 17 | | certification program in accordance with
Section 1452 of | 18 | | the federal Safe Drinking Water Act.
| 19 | | (d) The Public Water Supply Loan Program shall be used and | 20 | | administered by
the Agency to provide assistance to local | 21 | | government units and privately owned
community water supplies | 22 | | for public water
supplies for the following public purposes:
| 23 | | (1) to accept and retain funds from grant awards, | 24 | | appropriations,
transfers, and payments of interest and | 25 | | principal;
| 26 | | (2) to make direct loans at or below market interest |
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| 1 | | rates and to provide additional subsidization, including, | 2 | | but not limited to, forgiveness of principal, negative | 3 | | interest rates, and grants, to any eligible
local | 4 | | government unit or to any eligible privately owned | 5 | | community water supply
to finance the construction of water | 6 | | supplies and projects that fulfill federal State Revolving | 7 | | Fund grant requirements for a green project reserve;
| 8 | | (2.5) with respect to funds provided under the American | 9 | | Recovery and Reinvestment Act of 2009: | 10 | | (A) to make direct loans at or below market | 11 | | interest rates to any eligible local government unit or | 12 | | to any eligible privately owned community water | 13 | | supply, and to provide additional subsidization to any | 14 | | eligible local government unit or to any eligible | 15 | | privately owned community water supply, including, but | 16 | | not limited to, forgiveness of principal, negative | 17 | | interest rates, and grants; | 18 | | (B) to buy or refinance the debt obligation of a | 19 | | local government unit for costs incurred on or after | 20 | | October 1, 2008; and
| 21 | | (C) to provide additional subsidization, | 22 | | including, but not limited to, forgiveness of | 23 | | principal, negative interest rates, and grants for a | 24 | | local government unit for costs incurred on or after | 25 | | October 1, 2008; | 26 | | (3) to make direct loans at or below market interest |
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| 1 | | rates and to provide additional subsidization, including, | 2 | | but not limited to, forgiveness of principal, negative | 3 | | interest rates, and grants, to any eligible local | 4 | | government unit or to any eligible privately owned | 5 | | community water supply to buy or refinance debt obligations | 6 | | for
costs incurred on or after July 17, 1997, for the | 7 | | construction of water supplies and projects that fulfill | 8 | | federal State Revolving Fund requirements for a green | 9 | | project reserve;
| 10 | | (4) to guarantee local obligations where such action | 11 | | would improve credit
market access or reduce interest | 12 | | rates;
| 13 | | (5) as a source of revenue or security for the payment | 14 | | of principal and
interest on revenue or general obligation | 15 | | bonds issued by the State or any
political subdivision or | 16 | | instrumentality thereof, if the proceeds of such
bonds will | 17 | | be deposited into the Fund; and
| 18 | | (6) to transfer funds to the Water Pollution Control | 19 | | Loan Program.
| 20 | | (e) The Agency is designated as the administering agency of | 21 | | the Fund.
The Agency shall submit to the Regional Administrator | 22 | | of the United States
Environmental Protection Agency an | 23 | | intended use plan which outlines the
proposed use of funds | 24 | | available to the State. The Agency shall take all
actions | 25 | | necessary to secure to the State the benefits of the federal
| 26 | | Water Pollution Control Act and the federal Safe Drinking Water |
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| 1 | | Act, as now
or hereafter amended.
| 2 | | (f) The Agency shall have the power to enter into | 3 | | intergovernmental
agreements with the federal government or | 4 | | the State, or any instrumentality
thereof, for purposes of | 5 | | capitalizing the Water Revolving Fund.
Moneys on deposit in the | 6 | | Water Revolving Fund may be used for the
creation of reserve | 7 | | funds or pledged funds that secure the obligations
of repayment | 8 | | of loans made pursuant to this Section. For the purpose
of | 9 | | obtaining capital for deposit into the Water Revolving Fund, | 10 | | the
Agency may also enter into agreements with financial | 11 | | institutions and other
persons for the purpose of selling loans | 12 | | and developing a secondary market
for such loans. The Agency | 13 | | shall have the power to create and establish such
reserve funds | 14 | | and accounts as may be necessary or desirable to accomplish its
| 15 | | purposes under this subsection and to allocate its available | 16 | | moneys into such
funds and accounts. Investment earnings on | 17 | | moneys held in the Water Revolving
Fund, including any reserve | 18 | | fund or pledged fund, shall be deposited into the
Water | 19 | | Revolving Fund.
| 20 | | (Source: P.A. 98-782, eff. 7-23-14; 99-187, eff. 7-29-15.)
| 21 | | (415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4)
| 22 | | Sec. 19.4. Regulations; priorities.
| 23 | | (a) The Agency shall have the authority to promulgate
| 24 | | regulations for the administration of this Title, including, | 25 | | but not limited to, rules setting forth procedures and criteria |
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| 1 | | concerning loan
applications and the issuance of loans. For | 2 | | loans to units of local government, the regulations shall
| 3 | | include, but need not be limited to, the following elements:
| 4 | | (1) loan application requirements;
| 5 | | (2) determination of credit worthiness of the loan | 6 | | applicant;
| 7 | | (3) special loan terms, as necessary, for securing the | 8 | | repayment of the
loan;
| 9 | | (4) assurance of payment;
| 10 | | (5) interest rates;
| 11 | | (6) loan support rates;
| 12 | | (7) impact on user charges;
| 13 | | (8) eligibility of proposed construction;
| 14 | | (9) priority of needs;
| 15 | | (10) special loan terms for disadvantaged communities;
| 16 | | (11) maximum limits on annual distributions of funds to | 17 | | applicants
or groups of applicants;
| 18 | | (12) penalties for noncompliance with loan | 19 | | requirements and conditions,
including stop-work orders, | 20 | | termination, and recovery of loan funds; and
| 21 | | (13) indemnification of the State of Illinois and the | 22 | | Agency by the loan
recipient.
| 23 | | (b) The Agency shall have the authority to promulgate | 24 | | regulations to set
forth procedures and criteria concerning | 25 | | loan applications for loan recipients
other than units of local | 26 | | government. In addition to all of the elements
required for |
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| 1 | | units of local government under subsection (a), the regulations
| 2 | | shall include, but need not be limited to, the following | 3 | | elements:
| 4 | | (1) types of security required for the loan;
| 5 | | (2) types of collateral, as necessary, that can be | 6 | | pledged for the loan;
and
| 7 | | (3) staged access to fund privately owned community | 8 | | water supplies.
| 9 | | (c) Rules adopted under this Title shall also include, but | 10 | | shall not be limited to, criteria for prioritizing the issuance | 11 | | of loans under this Title according to applicant need.
Priority | 12 | | in making loans from the Public Water Supply Loan Program must | 13 | | first
be given to local government units and privately owned | 14 | | community water supplies
that need to make capital improvements | 15 | | to
protect human health and to achieve compliance with the | 16 | | State and federal
primary drinking water standards adopted | 17 | | pursuant to this Act and the federal
Safe Drinking Water Act, | 18 | | as now and hereafter amended. Rules for prioritizing loans from | 19 | | the Water Pollution Control Loan Program may include, but shall | 20 | | not be limited to, criteria designed to encourage green | 21 | | infrastructure, water efficiency, environmentally innovative | 22 | | projects, and nutrient pollution removal , and lead sampling and | 23 | | removal . | 24 | | (d) The Agency shall have the authority to promulgate | 25 | | regulations to set forth procedures and criteria concerning | 26 | | loan applications for funds provided under the American |
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| 1 | | Recovery and Reinvestment Act of 2009. In addition, due to time | 2 | | constraints in the American Recovery and Reinvestment Act of | 3 | | 2009, the Agency shall adopt emergency rules as necessary to | 4 | | allow the timely administration of funds provided under the | 5 | | American Recovery and Reinvestment Act of 2009. Emergency rules | 6 | | adopted under this subsection (d) shall be adopted in | 7 | | accordance with Section 5-45 of the Illinois Administrative | 8 | | Procedure Act. | 9 | | (e) The Agency may adopt rules to create a linked deposit | 10 | | loan program through which loans made pursuant to paragraph | 11 | | (3.5) of subsection (b) of Section 19.3 may be made through | 12 | | private lenders. Rules adopted under this subsection (e) shall | 13 | | include, but shall not be limited to, provisions requiring | 14 | | private lenders, prior to disbursing loan proceeds through the | 15 | | linked deposit loan program, to verify that the loan recipients | 16 | | have been approved by the Agency for financing under paragraph | 17 | | (3.5) of subsection (b) of Section 19.3. | 18 | | (Source: P.A. 98-782, eff. 7-23-14.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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