Illinois General Assembly - Full Text of HB3739
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Full Text of HB3739  102nd General Assembly

HB3739eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3739 EngrossedLRB102 14540 CPF 19893 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Lead Service
5Line Replacement and Notification Act.
 
6    Section 5. The Department of Commerce and Economic
7Opportunity Law of the Civil Administrative Code of Illinois
8is amended by adding Section 605-870 as follows:
 
9    (20 ILCS 605/605-870 new)
10    Sec. 605-870. Low-income water assistance policy and
11program.
12    (a) The Department shall by rule establish a comprehensive
13low-income water assistance policy and program that
14incorporates financial assistance and includes, but is not
15limited to, water efficiency or water quality projects, such
16as lead service line replacement, or other measures to ensure
17that residents have access to affordable and clean water. The
18policy and program shall not jeopardize the ability of public
19utilities, community water supplies, or other entities to
20receive just compensation for providing services. The
21resources applied in achieving the policy and program shall be
22coordinated and efficiently used through the integration of

 

 

HB3739 Engrossed- 2 -LRB102 14540 CPF 19893 b

1public programs and through the targeting of assistance. The
2rule or rules shall be adopted within 180 days after receiving
3an appropriation for the program.
4    (b) Any person who is a resident of the State and whose
5household income is not greater than an amount determined
6annually by the Department may apply for assistance under this
7Section in accordance with rules adopted by the Department. In
8setting the annual eligibility level, the Department shall
9consider the amount of available funding and may not set a
10limit higher than 150% of the poverty guidelines updated
11periodically in the Federal Register by the U.S. Department of
12Health and Human Services under the authority of 42 U.S.C.
139902(2).
14    (c) Applicants who qualify for assistance under subsection
15(b) shall, subject to appropriation from the General Assembly
16and availability of funds by the Department, receive
17assistance as provided under this Section. The Department,
18upon receipt of moneys authorized under this Section for
19assistance, shall commit funds for each qualified applicant in
20an amount determined by the Department. In determining the
21amounts of assistance to be provided to or on behalf of a
22qualified applicant the Department shall ensure that the
23highest amounts of assistance go to households with the
24greatest water costs in relation to household income. The
25Department may consider factors such as water costs, household
26size, household income, and region of the State when

 

 

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1determining individual household benefits. In adopting rules
2for the administration of this Section, the Department shall
3ensure that a minimum of one-third of the funds for the program
4are available for benefits to eligible households with the
5lowest incomes and that elderly households, households with
6persons with disabilities, and households with children under
76 years of age are offered a priority application period.
8    (d) Application materials for the program shall be made
9available in multiple languages.
 
10    Section 10. The State Finance Act is amended by adding
11Section 5.938 as follows:
 
12    (30 ILCS 105/5.938 new)
13    Sec. 5.938. The Lead Service Line Replacement Fund.
 
14    Section 15. The Environmental Protection Act is amended by
15adding Section 17.12 as follows:
 
16    (415 ILCS 5/17.12 new)
17    Sec. 17.12. Lead service line replacement and
18notification.
19    (a) The purpose of this Act is to: (1) require the owners
20and operators of community water supplies to develop,
21implement, and maintain a comprehensive water service line
22material inventory and a comprehensive lead service line

 

 

HB3739 Engrossed- 4 -LRB102 14540 CPF 19893 b

1replacement plan, provide notice to occupants of potentially
2affected buildings before any construction or repair work on
3water mains or lead service lines, and request access to
4potentially affected buildings before replacing lead service
5lines; and (2) prohibit partial lead service line
6replacements, except as authorized within this Section.
7    (b) The General Assembly finds and declares that:
8        (1) There is no safe level of exposure to heavy metal
9    lead, as found by the United States Environmental
10    Protection Agency and the Centers for Disease Control and
11    Prevention.
12        (2) Lead-based plumbing and service lines can convey
13    this harmful substance to the drinking water supply.
14        (3) According to the Illinois Environmental Protection
15    Agency's 2018 Service Line Material Inventory, the State
16    of Illinois is estimated to have over 680,000 lead-based
17    service lines still in operation.
18        (4) The true number of lead service lines is not fully
19    known because Illinois lacks an adequate inventory of lead
20    service lines.
21        (5) For the general health, safety and welfare of its
22    residents, all lead service lines in Illinois should be
23    disconnected from the drinking water supply, and the
24    State's drinking water supply.
25    (c) In this Section:
26    "Advisory Board" means the Lead Service Line Replacement

 

 

HB3739 Engrossed- 5 -LRB102 14540 CPF 19893 b

1Advisory Board created under subsection (y).
2    "Community water supply" has the meaning ascribed to it in
3Section 3.145 of this Act.
4    "Department" means the Department of Public Health.
5    "Emergency repair" means any unscheduled water main, water
6service, or water valve repair or replacement that results
7from failure or accident.
8    "Lead service line" means a service line made of lead or
9service line connected to a lead pigtail, lead gooseneck, or
10other lead fitting.
11    "Material inventory" means a water service line material
12inventory developed by a community water supply pursuant to
13this Act.
14    "Noncommunity water supply" has the meaning ascribed to it
15in Section 3.145 of the Environmental Protection Act.
16    "NSF/ANSI Standard" means a water treatment standard
17developed by NSF International.
18    "Partial lead service line replacement" means replacement
19of only a portion of a lead service line.
20    "Potentially affected building" means any building that is
21provided water service through a service line that is either a
22lead service line or a suspected lead service line.
23    "Public water supply" has the meaning ascribed to it in
24Section 3.365 of this Act.
25    "Service line" means the piping, tubing, and necessary
26appurtenances acting as a conduit from the water main or

 

 

HB3739 Engrossed- 6 -LRB102 14540 CPF 19893 b

1source of potable water supply to the building plumbing at the
2first shut-off valve or 18 inches inside the building,
3whichever is shorter.
4    "Suspected lead service line" means a line that a
5community water supply finds more likely than not to be made of
6lead after completing the requirements under paragraphs (2)
7through (5) of subsection (h).
8    "Small system" means a community water supply that
9regularly serves water to 3,300 or fewer persons.
10    (d) An owner or operator of a community water supply
11shall:
12        (1) develop an initial material inventory by April 15,
13    2022 and electronically submit by April 15, 2023 an
14    updated material inventory electronically to the Agency;
15    and
16        (2) deliver a complete material inventory to the
17    Agency no later than April 15, 2024, or such time as
18    required by federal law, whichever is sooner. The complete
19    inventory shall report the composition of all service
20    lines in the community water supply's distribution system.
21    (e) The Agency shall review and approve the final material
22inventory submitted to it under subsection (d).
23    (f) If a community water supply does not submit a complete
24inventory to the Agency by April 15, 2024 pursuant to
25paragraph (2) of subsection (d), the community water supply
26may apply for an extension to the Agency no less than 3 months

 

 

HB3739 Engrossed- 7 -LRB102 14540 CPF 19893 b

1prior to the due date. The Agency shall develop criteria for
2granting material inventory extensions. When considering
3requests for extension, the Agency shall, at a minimum,
4consider:
5        (1) the number of service connections in a water
6    supply; and
7        (2) the number of service lines of an unknown material
8    composition.
9    (g) A material inventory prepared for a community water
10supply under subsection (d) shall identify:
11        (1) the total number of service lines connected to the
12    community water supply's distribution system;
13        (2) the materials of construction of each service line
14    connected to the community water supply's distribution
15    system;
16        (3) the number of suspected lead service lines that
17    were newly identified in the material inventory for the
18    community water supply after the community water supply
19    last submitted a service line inventory to the Agency; and
20        (4) the number of suspected or known lead service
21    lines that were replaced after the community water supply
22    last submitted a service line inventory to the Agency, and
23    the material of the service line that replaced each lead
24    service line.
25    When identifying the materials of construction under
26paragraph (2) of this subsection, the owner or operator of the

 

 

HB3739 Engrossed- 8 -LRB102 14540 CPF 19893 b

1community water supply shall identify the type of construction
2material used on the customer's side of the curb box, meter, or
3other line of demarcation and the community water supply's
4side of the curb box, meter, or other line of demarcation.
5    (h) In completing a material inventory under subsection
6(d), the owner or operator of a community water supply shall:
7        (1) prioritize inspections of high-risk areas
8    identified by the community water supply and inspections
9    of high-risk facilities, such as preschools, day care
10    centers, day care homes, group day care homes, parks,
11    playgrounds, hospitals, and clinics, and confirm service
12    line materials in those areas and at those facilities;
13        (2) review historical documentation, such as
14    construction logs or cards, as-built drawings, purchase
15    orders, and subdivision plans, to determine service line
16    material construction;
17        (3) when conducting distribution system maintenance,
18    visually inspect service lines and document materials of
19    construction;
20        (4) identify any time period when the service lines
21    being connected to its distribution system were primarily
22    lead service lines, if such a time period is known or
23    suspected; and
24        (5) discuss service line repair and installation with
25    its employees, contractors, plumbers, other workers who
26    worked on service lines connected to its distribution

 

 

HB3739 Engrossed- 9 -LRB102 14540 CPF 19893 b

1    system, or all of the above.
2    (i) The owner or operator of each community water supply
3shall maintain records of persons who refuse to grant access
4to the interior of a building for purposes of identifying the
5materials of construction of a service line. If a community
6water supply has been denied access on the property or to the
7interior of a building for that reason, then the community
8water supply shall attempt to identify the service line as a
9suspected lead service line, unless documentation is provided
10showing otherwise.
11    (j) If a community water supply identifies a lead service
12line connected to a building, the owner or operator of the
13community water supply shall attempt to notify the owner of
14the building and all occupants of the building of the
15existence of the lead service line within 15 days after
16identifying the lead service line, or as soon as is reasonably
17possible thereafter. Individual written notice shall be given
18according to the provisions of subsection (ff).
19    (k) An owner or operator of a community water supply has no
20duty to include in the material inventory required under
21subsection (d) information about service lines that are
22physically disconnected from a water main in its distribution
23system.
24    (l) The owner or operator of each community water supply
25shall post on its website a copy of the most recently submitted
26material inventory or alternatively may request that the

 

 

HB3739 Engrossed- 10 -LRB102 14540 CPF 19893 b

1Agency post a copy of that material inventory on the Agency's
2website.
3    (m) Nothing in this Section shall be construed to require
4service lines to be unearthed for the sole purpose of
5inventorying.
6    (n) When an owner or operator of a community water supply
7awards a contract under this Section, the owner or operator
8shall make a good faith effort to use contractors and vendors
9owned by minority persons, women, and persons with a
10disability, as those terms are defined in Section 2 of the
11Business Enterprise for Minorities, Women, and Persons with
12Disabilities Act, for not less than 20% of the total
13contracts, provided that:
14        (1) contracts representing at least 11% of the total
15    annual premiums or fees shall be awarded to minority-owned
16    businesses, as defined in Section 2 of the Business
17    Enterprise for Minorities, Women, and Persons with
18    Disabilities Act;
19        (2) contracts representing at least 7% of the total
20    annual premiums or fees shall be awarded to women-owned
21    businesses, as defined in Section 2 of the Business
22    Enterprise for Minorities, Women, and Persons with
23    Disabilities Act; and
24        (3) contracts representing at least 2% of the total
25    annual premiums or fees shall be awarded to businesses
26    owned by persons with a disability.

 

 

HB3739 Engrossed- 11 -LRB102 14540 CPF 19893 b

1    Owners or operators of a community water supply are
2encouraged to divide projects, whenever economically feasible,
3into contracts of smaller size that ensure small business
4contractors or vendors shall have the ability to qualify in
5the applicable bidding process, when determining the ability
6to deliver on a given contract based on scope and size, as a
7responsible and responsive bidder.
8    When a contractor or vendor submits a bid or letter of
9intent in response to a request for proposal or other bid
10submission, the contractor or vendor shall include with its
11responsive documents a utilization plan that shall address how
12compliance with applicable good faith requirements set forth
13in this subsection shall be addressed.
14    Under this subsection, "good faith effort" means a
15community water supply has taken all necessary steps to comply
16with the goals of this subsection by complying with the
17following:
18        (1) Soliciting through reasonable and available means
19    the interest of a business, as defined in Section 2 of the
20    Business Enterprise for Minorities, Women, and Persons
21    with Disabilities Act, that have the capability to perform
22    the work of the contract. The community water supply must
23    solicit this interest within sufficient time to allow
24    certified businesses to respond.
25        (2) Providing interested certified businesses with
26    adequate information about the plans, specifications, and

 

 

HB3739 Engrossed- 12 -LRB102 14540 CPF 19893 b

1    requirements of the contract, including addenda, in a
2    timely manner to assist them in responding to the
3    solicitation.
4        (3) Meeting in good faith with interested certified
5    businesses that have submitted bids.
6        (4) Effectively using the services of the State,
7    minority or women community organizations, minority or
8    women contractor groups, local, State, and federal
9    minority or women business assistance offices, and other
10    organizations to provide assistance in the recruitment and
11    placement of certified businesses.
12        (5) Making efforts to use appropriate forums for
13    purposes of advertising subcontracting opportunities
14    suitable for certified businesses.
15    The diversity goals defined in this subsection can be met
16through direct award to diverse contractors and through the
17use of diverse subcontractors and diverse vendors to
18contracts.
19    (o) An owner or operator of a community water supply shall
20collect data necessary to ensure compliance with subsection
21(n) no less than quarterly and shall include progress toward
22compliance of subsection (n) in the owner or operator's lead
23service line plan update required under subsection (g). The
24report must include data on vendor and employee diversity,
25including data on the owner's or operator's implementation of
26subsection (n).

 

 

HB3739 Engrossed- 13 -LRB102 14540 CPF 19893 b

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

 

 

HB3739 Engrossed- 14 -LRB102 14540 CPF 19893 b

1    (q) Each plan required under paragraph (1) of subsection
2(p) shall include the following:
3        (1) the name and identification number of the
4    community water supply;
5        (2) the total number of service lines connected to the
6    distribution system of the community water supply;
7        (3) the total number of suspected lead service lines
8    connected to the distribution system of the community
9    water supply;
10        (4) the total number of known lead service lines
11    connected to the distribution system of the community
12    water supply;
13        (5) the total number of lead service lines connected
14    to the distribution system of the community water supply
15    that have been replaced each year beginning in 2020;
16        (6) a proposed lead service line replacement schedule
17    that includes one-year, 5-year, 15-year, 20-year, 25-year,
18    and 30-year goals;
19        (7) an analysis of costs and financing options for
20    replacing the lead service lines connected to the
21    community water supply's distribution system, which shall
22    include, but shall not be limited to:
23            (A) a detailed accounting of costs associated with
24        replacing lead service lines and galvanized lines that
25        are or were connected downstream to lead piping;
26            (B) measures to address affordability and prevent

 

 

HB3739 Engrossed- 15 -LRB102 14540 CPF 19893 b

1        service shut-offs for customers or ratepayers; and
2            (C) consideration of different scenarios for
3        structuring payments between the utility and its
4        customers over time; and
5        (8) a plan for prioritizing high-risk facilities, such
6    as preschools, day care centers, day care homes, group day
7    care homes, parks, playgrounds, hospitals, and clinics, as
8    well as high-risk areas identified by the community water
9    supply;
10        (9) a map of the areas where lead service lines are
11    expected to be found and the sequence with which those
12    areas will be inventoried and lead service lines replaced;
13        (10) measures for how the community water supply will
14    inform the public of the plan and provide opportunity for
15    public comment; and
16        (11) measures to encourage diversity in hiring in the
17    workforce required to implement the plan as identified
18    under subsection (n).
19    (r) The Agency shall review final plans submitted to it
20under subsection (p). The Agency shall approve a final plan if
21the final plan includes all of the elements set forth under
22subsection (q) and the Agency determines that:
23        (1) the proposed lead service line replacement
24    schedule set forth in the plan aligns with the timeline
25    requirements set forth under subsection (v);
26        (2) the plan prioritizes the replacement of lead

 

 

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1    service lines that provide water service to high-risk
2    facilities, such as preschools, day care centers, day care
3    homes, group day care homes, parks, playgrounds,
4    hospitals, and clinics, and high-risk areas identified by
5    the community water supply;
6        (3) the plan includes analysis of cost and financing
7    options; and
8        (4) the plan provides documentation of public review.
9    (s) An owner or operator of a community water supply has no
10duty to include in the plans required under subsection (p)
11information about service lines that are physically
12disconnected from a water main in its distribution system.
13    (t) If a community water supply does not deliver a
14complete plan to the Agency by April 15, 2027, the community
15water supply may apply to the Agency for an extension no less
16than 3 months prior to the due date. The Agency shall develop
17criteria for granting plan extensions. When considering
18requests for extension, the Agency shall, at a minimum,
19consider:
20        (1) the number of service connections in a water
21    supply; and
22        (2) the number of service lines of an unknown material
23    composition.
24    (u) Notwithstanding any other provision of law, the
25corporate authorities of a municipality may impose a tax, fee,
26surcharge, charge, assessment, or other amount payable or

 

 

HB3739 Engrossed- 17 -LRB102 14540 CPF 19893 b

1imposed as deemed necessary, by ordinance or resolution by the
2corporate authorities, to be used solely for costs incurred by
3the municipality associated with lead service line
4remediation.
5    (v) Every owner or operator of a community water supply
6shall replace all known lead service lines, subject to the
7requirements of subsection (ff), according to the following
8replacement rates and timelines to be calculated from the date
9of submission of the final replacement plan to the Agency:
10        (1) A community water supply reporting 1,200 or fewer
11    lead service lines in its final inventory and replacement
12    plan shall replace all lead service lines, at an annual
13    rate of no less than 7% of the amount described in the
14    final inventory, with a timeline of up to 15 years for
15    completion.
16        (2) A community water supply reporting more than 1,200
17    but fewer than 5,000 lead service lines in its final
18    inventory and replacement plan shall replace all lead
19    service lines, at an annual rate of no less than 6% of the
20    amount described in the final inventory, with a timeline
21    of up to 17 years for completion.
22        (3) A community water supply reporting more than 4,999
23    but fewer than 10,000 lead service lines in its final
24    inventory and replacement plan shall replace all lead
25    service lines, at an annual rate of no less than 5% of the
26    amount described in the final inventory, with a timeline

 

 

HB3739 Engrossed- 18 -LRB102 14540 CPF 19893 b

1    of up to 20 years for completion.
2        (4) A community water supply reporting more than 9,999
3    lead service lines in its final inventory and replacement
4    plan shall replace all lead service lines, at an annual
5    rate of no less than 3% of the amount described in the
6    final inventory, with a timeline of up to 34 years for
7    completion.
8    (w) A community water supply may apply to the Agency for an
9extension to the replacement timelines described in paragraphs
10(1) through (3) of subsection (v). The Agency shall develop
11criteria for granting replacement timeline extensions. When
12considering requests for timeline extensions, the Agency
13shall, at a minimum, consider:
14        (1) the number of service connections in a water
15    supply; and
16        (2) unusual circumstances creating hardship for a
17    community.
18    Replacement rates and timelines shall be calculated from
19the date of submission of the final plan to the Agency.
20    (x) The Lead Service Line Replacement Advisory Board is
21created within the Agency. The Advisory Board shall convene
22within 120 days after the effective date of this amendatory
23Act of the 102nd General Assembly.
24    The Advisory Board shall consist of at least 28 voting
25members, as follows:
26        (1) the Director of the Agency, or his or her

 

 

HB3739 Engrossed- 19 -LRB102 14540 CPF 19893 b

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

 

 

HB3739 Engrossed- 20 -LRB102 14540 CPF 19893 b

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

 

 

HB3739 Engrossed- 21 -LRB102 14540 CPF 19893 b

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

 

 

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1        (5) variations in financial resources among individual
2    households within a service area; and
3        (6) the protection of low-income households from rate
4    increases.
5    (aa) Within 10 years after the effective date of this
6amendatory Act of the 102nd General Assembly, the Advisory
7Board shall prepare and deliver a report to the Governor and
8General Assembly concerning the status of all lead service
9line replacement within the State.
10    (bb) The Lead Service Line Replacement Fund is created as
11a special fund in the State treasury to be used by the Agency
12for the purposes provided under this Section. The Fund shall
13be used exclusively to finance and administer programs and
14activities specified under this Section and listed under this
15subsection.
16    The objective of the Fund is to finance activities
17associated with identifying and replacing lead service lines,
18build Agency capacity to oversee the provisions of this
19Section, and provide related assistance for the activities
20listed under this subsection.
21    The Agency shall be responsible for the administration of
22the Fund and shall allocate moneys on the basis of priorities
23established by the Agency through administrative rule. Each
24year, the Agency shall determine the available amount of
25resources in the Fund that can be allocated to the activities
26identified under this Section and shall allocate the moneys

 

 

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1accordingly. The moneys shall be used for the following
2purposes and in the following amounts:
3        (1) Not less than 95% of available moneys in the Fund
4    shall be used for costs related to replacing lead service
5    lines in communities eligible to receive grants from the
6    Lead Service Line Replacement Grant Program under
7    subsection (cc).
8        (2) No more than 5% of the funds shall be used for
9    personnel costs within the Agency associated with
10    administering the provisions of this Section.
11    Notwithstanding any other law to the contrary, the Lead
12Service Line Replacement Fund is not subject to sweeps,
13administrative charge-backs, or any other fiscal maneuver that
14would in any way transfer any amounts from the Lead Service
15Line Replacement Fund into any other fund of the State.
16    (cc)_Within one year after the effective date of this
17amendatory Act of the 102 General Assembly, the Agency shall
18design a program for the purpose of administering lead service
19line replacement funds. In designing the program, the Agency
20shall consider, at a minimum:
21        (1) the process by which community water supplies may
22    apply for funding;
23        (2) the amount of grant funding to be made available
24    for each lead service line replacement; and
25        (3) criteria for determining community eligibility for
26    funding. In determining eligibility, the Agency shall

 

 

HB3739 Engrossed- 24 -LRB102 14540 CPF 19893 b

1    consider, at a minimum, the following:
2            (A) The appropriate geography, whether census
3        tract, municipality, service area, or some other
4        geographic designation, for eligibility.
5            (B) The prevalence of low-income households within
6        communities, as measured by median household income,
7        the percent of residents living below 150% of the
8        federal poverty level, and other characteristics the
9        Agency may deem appropriate.
10            (C) The prevalence of lead service lines within
11        communities, including the total number of lead
12        service lines within the communities and the total
13        percentage of service lines made of lead.
14            (D) The affordability of water service within
15        communities, including the percentage of households
16        paying more than 1.5% of their monthly income on
17        drinking water service.
18            (E) The prevalence of water samples that
19        demonstrate elevated levels of lead.
20    (dd) Funding under subsection (cc) shall be available for
21the following activities to the extent that they relate to
22lead service line replacement, subject to Agency approval:
23        (1) Costs associated with planning and inventory.
24        (2) Material costs, including the cost of pipes and
25    fittings.
26        (3) Labor and construction costs incidental to lead

 

 

HB3739 Engrossed- 25 -LRB102 14540 CPF 19893 b

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

 

 

HB3739 Engrossed- 26 -LRB102 14540 CPF 19893 b

1    an emergency repair on a service line constructed of lead
2    or galvanized steel pipe results in a partial service line
3    replacement, the water supply responsible for commencing
4    the repair shall perform the following:
5            (A) Notify the building's owner or operator and
6        the resident or residents served by the lead service
7        line in writing that a repair has been completed. The
8        notification shall include, at a minimum:
9                (i) a warning that the work may result in
10            sediment, possibly containing lead, in the
11            buildings water supply system;
12                (ii) information concerning practices for
13            preventing the consumption of any lead in drinking
14            water, including a recommendation to flush water
15            distribution pipe during and after the completion
16            of the repair or replacement work and to clean
17            faucet aerator screens; and
18                (iii) information regarding the dangers of
19            lead to young children and pregnant women.
20            (B) Provide filters for at least one fixture
21        supplying potable water for consumption. The filter
22        must be compliant with NSF/ANSI Standards 53 and 42.
23        The filter must be provided until such time that the
24        remaining portions of the service line have been
25        replaced with a material approved by the Department or
26        a waiver has been issued under subsection (hh).

 

 

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1            (C) Replace the remaining portion of the lead
2        service line within 30 days of the repair, or 120 days
3        in the event of weather or other circumstances beyond
4        reasonable control that prohibits construction. If a
5        complete lead service line replacement cannot be made
6        within the required period, the community water supply
7        responsible for commencing the repair shall notify the
8        Department in writing, at a minimum, of the following
9        within 24 hours of the repair:
10                (i) an explanation of why it is not feasible
11            to replace the remaining portion of the lead
12            service line within the allotted time; and
13                (ii) a timeline for when the remaining portion
14            of the lead service line will be replaced.
15            (D) If complete repair of a lead service line
16        cannot be completed due to denial by the property
17        owner, the community water supply commencing the
18        repair shall request the affected property owner to
19        sign a waiver developed by the Department. If a
20        property owner of a nonresidential building or
21        residence operating as rental properties denies a
22        complete lead service line replacement, the property
23        owner shall be responsible for installing and
24        maintaining point-of-use filters compliant with
25        NSF/ANSI Standards 53 and 42 at all fixtures intended
26        to supply water for the purposes of drinking, food

 

 

HB3739 Engrossed- 28 -LRB102 14540 CPF 19893 b

1        preparation, or making baby formula. The filters shall
2        continue to be supplied by the property owner until
3        such time that the property owner has affected the
4        remaining portions of the lead service line to be
5        replaced.
6            (E) Document any remaining lead service line,
7        including a portion on the private side of the
8        property, in the community water supply's distribution
9        system materials inventory required under subsection
10        (d).
11        For the purposes of this paragraph (1), written notice
12    shall be provided in the method and according to the
13    provisions of subsection (ii).
14        (2) Lead service lines that are physically
15    disconnected from the distribution system are exempt from
16    this subsection.
17    (gg) On and after January 1, 2022, when the owner or
18operator of a community water supply replaces a water main,
19the community water supply shall identify all lead service
20lines connected to the water main and shall replace, in
21accordance with its lead service line replacement plan, the
22lead service lines by:
23        (1) identifying the material or materials of each lead
24    service line connected to the water main, including, but
25    not limited to, any portion of the service line (i)
26    running on private property and (ii) within the building

 

 

HB3739 Engrossed- 29 -LRB102 14540 CPF 19893 b

1    plumbing at the first shut-off valve or 18 inches inside
2    the building, whichever is shorter;
3        (2) in conjunction with replacement of the water main,
4    replacing any and all portions of each lead service line
5    connected to the water main that are composed of lead; and
6        (3) if a property owner or customer refuses to grant
7    access to the property, following prescribed notice
8    provisions as outlined in subsection (ee).
9    If an owner of a potentially affected building intends to
10replace a portion of a lead service line or a galvanized
11service line and the galvanized service line is or was
12connected downstream to lead piping, then the owner of the
13potentially affected building shall provide the owner or
14operator of the community water supply with notice at least 45
15days before commencing the work. In the case of an emergency
16repair, the owner of the potentially affected building must
17provide filters for each kitchen area that are certified to
18meet the requirements of NSF/ANSI Standards 42 and 53. If the
19owner of the potentially affected building notifies the owner
20or operator of the community water supply that replacement of
21a portion of the lead service line after the emergency repair
22is completed, then the owner or operator of the community
23water supply shall replace the remainder of the lead service
24line within 30 days after completion of the emergency repair.
25A community water supply may take up to 120 days if necessary
26due to weather conditions. If a replacement takes longer than

 

 

HB3739 Engrossed- 30 -LRB102 14540 CPF 19893 b

130 days, filters provided by the owner of the potentially
2affected building must be replaced in accordance with the
3manufacturer's recommendations. Partial lead service line
4replacements by the owners of potentially affected buildings
5are otherwise prohibited.
6    (hh) At least 45 days before conducting planned lead
7service line replacement, the owner or operator of a community
8water supply shall, by mail, attempt to contact the owner of
9the potentially affected building serviced by the lead service
10line to request access to the building and permission to
11replace the lead service line in accordance with the lead
12service line replacement plan. If the owner of the potentially
13affected building does not respond to the request within 2
14weeks after the request is sent, the owner or operator of the
15community water supply shall attempt to post the request on
16the entrance of the potentially affected building.
17    If the owner or operator of a community water supply is
18unable to obtain approval to access and replace a lead service
19line, the owner or operator of the community water supply
20shall request that the owner of the potentially affected
21building sign a waiver. The waiver shall be developed by the
22Department and should be made available in the owner's
23language. If the owner of the potentially affected building
24refuses to sign the waiver or fails to respond to the community
25water supply after the community water supply has complied
26with this subsection, then the community water supply shall

 

 

HB3739 Engrossed- 31 -LRB102 14540 CPF 19893 b

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

 

 

HB3739 Engrossed- 32 -LRB102 14540 CPF 19893 b

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

 

 

HB3739 Engrossed- 33 -LRB102 14540 CPF 19893 b

1subsection regarding notification to non-English speaking
2customers by posting the required notice on the primary
3entranceway of the building and at the location where the
4occupant's mail is delivered as reasonably as possible.
5    When this subsection would require the owner or operator
6of a community water supply to provide an individual written
7notice to the entire community served by the community water
8supply or would require the owner or operator of a community
9water supply to provide individual written notices as a result
10of emergency repairs or when the community water supply that
11is required to comply with this subsection is a small system,
12the owner or operator of the community water supply may
13provide the required notice through local media outlets,
14social media, or other similar means in lieu of providing the
15individual written notices otherwise required under this
16subsection.
17    No notifications are required under this subsection for
18work performed on water mains that are used to transmit
19treated water between community water supplies and properties
20that have no service connections.
21    (jj) The owner or operator of each community water supply
22shall include the following information in the annual consumer
23confidence report required under the United States
24Environmental Protection Agency's National Primary Drinking
25Water Regulations:
26        (1) an estimate of the number of known or suspected

 

 

HB3739 Engrossed- 34 -LRB102 14540 CPF 19893 b

1    lead service lines connected to its distribution system;
2    and
3        (2) a statement describing progress that has been made
4    toward replacing lead service lines connected to its
5    distribution system.
6    (kk) No community water supply that sells water to any
7wholesale or retail consecutive community water supply may
8pass on any costs associated with compliance with this Section
9to consecutive systems.
10    (ll) To the extent allowed by law, when a community water
11supply enters into an agreement with a private contractor for
12replacement or installation of water service lines, the
13community water supply shall be held harmless for damage to
14property when replacing or installing water service lines. If
15dangers are encountered that prevent the replacement of the
16lead service line, the community water supply shall notify the
17Department within 15 working days of why the replacement of
18the lead service line could not be accomplished.
19    (mm) The Agency may propose to the Board, and the Board may
20adopt, any rules necessary to implement and administer this
21Section. The Department may adopt rules necessary to address
22lead service lines attached to noncommunity water supplies.
23    (nn) Notwithstanding any other provision in this Section,
24no requirement in this Section shall be construed as being
25less stringent than existing applicable federal requirements.
26    (oo) All lead service line replacements financed in whole

 

 

HB3739 Engrossed- 35 -LRB102 14540 CPF 19893 b

1or in part with funds obtained under this Section shall be
2considered public works for purposes of the Prevailing Wage
3Act.
 
4    (415 ILCS 5/17.11 rep.)
5    Section 20. The Environmental Protection Act is amended by
6repealing Section 17.11.