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

HB3739sam001 102ND GENERAL ASSEMBLY

Sen. Melinda Bush

Filed: 5/13/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3739

2    AMENDMENT NO. ______. Amend House Bill 3739 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1as lead service line replacement, or other measures to ensure
2that residents have access to affordable and clean water. The
3policy and program shall not jeopardize the ability of public
4utilities, community water supplies, or other entities to
5receive just compensation for providing services. The
6resources applied in achieving the policy and program shall be
7coordinated and efficiently used through the integration of
8public programs and through the targeting of assistance. The
9rule or rules shall be adopted within 180 days after receiving
10an appropriation for the program.
11    (b) Any person who is a resident of the State and whose
12household income is not greater than an amount determined
13annually by the Department may apply for assistance under this
14Section in accordance with rules adopted by the Department. In
15setting the annual eligibility level, the Department shall
16consider the amount of available funding and may not set a
17limit higher than 150% of the poverty guidelines updated
18periodically in the Federal Register by the U.S. Department of
19Health and Human Services under the authority of 42 U.S.C.
209902(2).
21    (c) Applicants who qualify for assistance under subsection
22(b) shall, subject to appropriation from the General Assembly
23and availability of funds by the Department, receive
24assistance as provided under this Section. The Department,
25upon receipt of moneys authorized under this Section for
26assistance, shall commit funds for each qualified applicant in

 

 

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1an amount determined by the Department. In determining the
2amounts of assistance to be provided to or on behalf of a
3qualified applicant the Department shall ensure that the
4highest amounts of assistance go to households with the
5greatest water costs in relation to household income. The
6Department may consider factors such as water costs, household
7size, household income, and region of the State when
8determining individual household benefits. In adopting rules
9for the administration of this Section, the Department shall
10ensure that a minimum of one-third of the funds for the program
11are available for benefits to eligible households with the
12lowest incomes and that elderly households, households with
13persons with disabilities, and households with children under
146 years of age are offered a priority application period.
15    (d) Application materials for the program shall be made
16available in multiple languages.
 
17    Section 10. The State Finance Act is amended by adding
18Section 5.938 as follows:
 
19    (30 ILCS 105/5.938 new)
20    Sec. 5.938. The Lead Service Line Replacement Fund.
 
21    Section 15. The Environmental Protection Act is amended by
22adding Section 17.12 as follows:
 

 

 

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1    (415 ILCS 5/17.12 new)
2    Sec. 17.12. Lead service line replacement and
3notification.
4    (a) The purpose of this Act is to: (1) require the owners
5and operators of community water supplies to develop,
6implement, and maintain a comprehensive water service line
7material inventory and a comprehensive lead service line
8replacement plan, provide notice to occupants of potentially
9affected buildings before any construction or repair work on
10water mains or lead service lines, and request access to
11potentially affected buildings before replacing lead service
12lines; and (2) prohibit partial lead service line
13replacements, except as authorized within this Section.
14    (b) The General Assembly finds and declares that:
15        (1) There is no safe level of exposure to heavy metal
16    lead, as found by the United States Environmental
17    Protection Agency and the Centers for Disease Control and
18    Prevention.
19        (2) Lead service lines can convey this harmful
20    substance to the drinking water supply.
21        (3) According to the Illinois Environmental Protection
22    Agency's 2018 Service Line Material Inventory, the State
23    of Illinois is estimated to have over 680,000 lead-based
24    service lines still in operation.
25        (4) The true number of lead service lines is not fully
26    known because Illinois lacks an adequate inventory of lead

 

 

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1    service lines.
2        (5) For the general health, safety and welfare of its
3    residents, all lead service lines in Illinois should be
4    disconnected from the drinking water supply, and the
5    State's drinking water supply.
6    (c) In this Section:
7    "Advisory Board" means the Lead Service Line Replacement
8Advisory Board created under subsection (x).
9    "Community water supply" has the meaning ascribed to it in
10Section 3.145 of this Act.
11    "Department" means the Department of Public Health.
12    "Emergency repair" means any unscheduled water main, water
13service, or water valve repair or replacement that results
14from failure or accident.
15    "Fund" means the Lead Service Line Replacement Fund
16created under subsection (bb).
17    "Lead service line" means a service line made of lead or
18service line connected to a lead pigtail, lead gooseneck, or
19other lead fitting.
20    "Material inventory" means a water service line material
21inventory developed by a community water supply under this
22Act.
23    "Noncommunity water supply" has the meaning ascribed to it
24in Section 3.145 of the Environmental Protection Act.
25    "NSF/ANSI Standard" means a water treatment standard
26developed by NSF International.

 

 

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1    "Partial lead service line replacement" means replacement
2of only a portion of a lead service line.
3    "Potentially affected building" means any building that is
4provided water service through a service line that is either a
5lead service line or a suspected lead service line.
6    "Public water supply" has the meaning ascribed to it in
7Section 3.365 of this Act.
8    "Service line" means the piping, tubing, and necessary
9appurtenances acting as a conduit from the water main or
10source of potable water supply to the building plumbing at the
11first shut-off valve or 18 inches inside the building,
12whichever is shorter.
13    "Suspected lead service line" means a service line that a
14community water supply finds more likely than not to be made of
15lead after completing the requirements under paragraphs (2)
16through (5) of subsection (h).
17    "Small system" means a community water supply that
18regularly serves water to 3,300 or fewer persons.
19    (d) An owner or operator of a community water supply
20shall:
21        (1) develop an initial material inventory by April 15,
22    2022 and electronically submit by April 15, 2023 an
23    updated material inventory electronically to the Agency;
24    and
25        (2) deliver a complete material inventory to the
26    Agency no later than April 15, 2024, or such time as

 

 

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1    required by federal law, whichever is sooner. The complete
2    inventory shall report the composition of all service
3    lines in the community water supply's distribution system.
4    (e) The Agency shall review and approve the final material
5inventory submitted to it under subsection (d).
6    (f) If a community water supply does not submit a complete
7inventory to the Agency by April 15, 2024 under paragraph (2)
8of subsection (d), the community water supply may apply for an
9extension to the Agency no less than 3 months prior to the due
10date. The Agency shall develop criteria for granting material
11inventory extensions. When considering requests for extension,
12the Agency shall, at a minimum, consider:
13        (1) the number of service connections in a water
14    supply; and
15        (2) the number of service lines of an unknown material
16    composition.
17    (g) A material inventory prepared for a community water
18supply under subsection (d) shall identify:
19        (1) the total number of service lines connected to the
20    community water supply's distribution system;
21        (2) the materials of construction of each service line
22    connected to the community water supply's distribution
23    system;
24        (3) the number of suspected lead service lines that
25    were newly identified in the material inventory for the
26    community water supply after the community water supply

 

 

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1    last submitted a service line inventory to the Agency; and
2        (4) the number of suspected or known lead service
3    lines that were replaced after the community water supply
4    last submitted a service line inventory to the Agency, and
5    the material of the service line that replaced each lead
6    service line.
7    When identifying the materials of construction under
8paragraph (2) of this subsection, the owner or operator of the
9community water supply shall to the best of the owner's or
10operator's ability identify the type of construction material
11used on the customer's side of the curb box, meter, or other
12line of demarcation and the community water supply's side of
13the curb box, meter, or other line of demarcation.
14    (h) In completing a material inventory under subsection
15(d), the owner or operator of a community water supply shall:
16        (1) prioritize inspections of high-risk areas
17    identified by the community water supply and inspections
18    of high-risk facilities, such as preschools, day care
19    centers, day care homes, group day care homes, parks,
20    playgrounds, hospitals, and clinics, and confirm service
21    line materials in those areas and at those facilities;
22        (2) review historical documentation, such as
23    construction logs or cards, as-built drawings, purchase
24    orders, and subdivision plans, to determine service line
25    material construction;
26        (3) when conducting distribution system maintenance,

 

 

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1    visually inspect service lines and document materials of
2    construction;
3        (4) identify any time period when the service lines
4    being connected to its distribution system were primarily
5    lead service lines, if such a time period is known or
6    suspected; and
7        (5) discuss service line repair and installation with
8    its employees, contractors, plumbers, other workers who
9    worked on service lines connected to its distribution
10    system, or all of the above.
11    (i) The owner or operator of each community water supply
12shall maintain records of persons who refuse to grant access
13to the interior of a building for purposes of identifying the
14materials of construction of a service line. If a community
15water supply has been denied access on the property or to the
16interior of a building for that reason, then the community
17water supply shall attempt to identify the service line as a
18suspected lead service line, unless documentation is provided
19showing otherwise.
20    (j) If a community water supply identifies a lead service
21line connected to a building, the owner or operator of the
22community water supply shall attempt to notify the owner of
23the building and all occupants of the building of the
24existence of the lead service line within 15 days after
25identifying the lead service line, or as soon as is reasonably
26possible thereafter. Individual written notice shall be given

 

 

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1according to the provisions of subsection (jj).
2    (k) An owner or operator of a community water supply has no
3duty to include in the material inventory required under
4subsection (d) information about service lines that are
5physically disconnected from a water main in its distribution
6system.
7    (l) The owner or operator of each community water supply
8shall post on its website a copy of the most recently submitted
9material inventory or alternatively may request that the
10Agency post a copy of that material inventory on the Agency's
11website.
12    (m) Nothing in this Section shall be construed to require
13service lines to be unearthed for the sole purpose of
14inventorying.
15    (n) When an owner or operator of a community water supply
16awards a contract under this Section, the owner or operator
17shall make a good faith effort to use contractors and vendors
18owned by minority persons, women, and persons with a
19disability, as those terms are defined in Section 2 of the
20Business Enterprise for Minorities, Women, and Persons with
21Disabilities Act, for not less than 20% of the total
22contracts, provided that:
23        (1) contracts representing at least 11% of the total
24    projects shall be awarded to minority-owned businesses, as
25    defined in Section 2 of the Business Enterprise for
26    Minorities, Women, and Persons with Disabilities Act;

 

 

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

 

 

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1    Business Enterprise for Minorities, Women, and Persons
2    with Disabilities Act, that have the capability to perform
3    the work of the contract. The community water supply must
4    solicit this interest within sufficient time to allow
5    certified businesses to respond.
6        (2) Providing interested certified businesses with
7    adequate information about the plans, specifications, and
8    requirements of the contract, including addenda, in a
9    timely manner to assist them in responding to the
10    solicitation.
11        (3) Meeting in good faith with interested certified
12    businesses that have submitted bids.
13        (4) Effectively using the services of the State,
14    minority or women community organizations, minority or
15    women contractor groups, local, State, and federal
16    minority or women business assistance offices, and other
17    organizations to provide assistance in the recruitment and
18    placement of certified businesses.
19        (5) Making efforts to use appropriate forums for
20    purposes of advertising subcontracting opportunities
21    suitable for certified businesses.
22    The diversity goals defined in this subsection can be met
23through direct award to diverse contractors and through the
24use of diverse subcontractors and diverse vendors to
25contracts.
26    (o) An owner or operator of a community water supply shall

 

 

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1collect data necessary to ensure compliance with subsection
2(n) no less than semi-annually and shall include progress
3toward compliance of subsection (n) in the owner or operator's
4report required under subsection (t-5). The report must
5include data on vendor and employee diversity, including data
6on the owner's or operator's implementation of subsection (n).
7    (p) Every owner or operator of a community water supply
8that has known or suspected lead service lines shall:
9        (1) create a plan to:
10            (A) replace each lead service line connected to
11        its distribution system; and
12            (B) replace each galvanized service line connected
13        to its distribution system, if the galvanized service
14        line is or was connected downstream to lead piping;
15        and
16        (2) electronically submit, by April 15, 2024 its
17    initial lead service line replacement plan to the Agency;
18        (3) electronically submit by April 15 of each year
19    after 2024 until April 15, 2027 an updated lead service
20    line replacement plan to the Agency for review; the
21    updated replacement plan shall account for changes in the
22    number of lead service lines or unknown service lines in
23    the material inventory described in subsection (d);
24        (4) electronically submit by April 15, 2027 a complete
25    and final replacement plan to the Agency for approval; the
26    complete and final replacement plan shall account for all

 

 

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1    known and suspected lead service lines documented in the
2    final material inventory described under paragraph (3) of
3    subsection (d); and
4        (5) post on its website a copy of the plan most
5    recently submitted to the Agency or may request that the
6    Agency post a copy of that plan on the Agency's website.
7    (q) Each plan required under paragraph (1) of subsection
8(p) shall include the following:
9        (1) the name and identification number of the
10    community water supply;
11        (2) the total number of service lines connected to the
12    distribution system of the community water supply;
13        (3) the total number of suspected lead service lines
14    connected to the distribution system of the community
15    water supply;
16        (4) the total number of known lead service lines
17    connected to the distribution system of the community
18    water supply;
19        (5) the total number of lead service lines connected
20    to the distribution system of the community water supply
21    that have been replaced each year beginning in 2020;
22        (6) a proposed lead service line replacement schedule
23    that includes one-year, 5-year, 10-year, 15-year, 20-year,
24    25-year, and 30-year goals;
25        (7) an analysis of costs and financing options for
26    replacing the lead service lines connected to the

 

 

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1    community water supply's distribution system, which shall
2    include, but shall not be limited to:
3            (A) a detailed accounting of costs associated with
4        replacing lead service lines and galvanized lines that
5        are or were connected downstream to lead piping;
6            (B) measures to address affordability and prevent
7        service shut-offs for customers or ratepayers; and
8            (C) consideration of different scenarios for
9        structuring payments between the utility and its
10        customers over time; and
11        (8) a plan for prioritizing high-risk facilities, such
12    as preschools, day care centers, day care homes, group day
13    care homes, parks, playgrounds, hospitals, and clinics, as
14    well as high-risk areas identified by the community water
15    supply;
16        (9) a map of the areas where lead service lines are
17    expected to be found and the sequence with which those
18    areas will be inventoried and lead service lines replaced;
19        (10) measures for how the community water supply will
20    inform the public of the plan and provide opportunity for
21    public comment; and
22        (11) measures to encourage diversity in hiring in the
23    workforce required to implement the plan as identified
24    under subsection (n).
25    (r) The Agency shall review final plans submitted to it
26under subsection (p). The Agency shall approve a final plan if

 

 

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1the final plan includes all of the elements set forth under
2subsection (q) and the Agency determines that:
3        (1) the proposed lead service line replacement
4    schedule set forth in the plan aligns with the timeline
5    requirements set forth under subsection (v);
6        (2) the plan prioritizes the replacement of lead
7    service lines that provide water service to high-risk
8    facilities, such as preschools, day care centers, day care
9    homes, group day care homes, parks, playgrounds,
10    hospitals, and clinics, and high-risk areas identified by
11    the community water supply;
12        (3) the plan includes analysis of cost and financing
13    options; and
14        (4) the plan provides documentation of public review.
15    (s) An owner or operator of a community water supply has no
16duty to include in the plans required under subsection (p)
17information about service lines that are physically
18disconnected from a water main in its distribution system.
19    (t) If a community water supply does not deliver a
20complete plan to the Agency by April 15, 2027, the community
21water supply may apply to the Agency for an extension no less
22than 3 months prior to the due date. The Agency shall develop
23criteria for granting plan extensions. When considering
24requests for extension, the Agency shall, at a minimum,
25consider:
26        (1) the number of service connections in a water

 

 

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1    supply; and
2        (2) the number of service lines of an unknown material
3    composition.
4    (t-5) After the Agency has approved the final replacement
5plan described in subsection (p), the owner or operator of a
6community water supply shall submit a report detailing
7progress toward plan goals to the Agency for its review. The
8report shall be submitted annually for the first 10 years, and
9every 3 years thereafter until all lead service lines have
10been replaced. Reports under this subsection shall be
11published in the same manner described in subsection (l). The
12report shall include at least the following information as it
13pertains to the preceding reporting period:
14        (1) The number of lead service lines replaced and the
15    average cost of lead service line replacement.
16        (2) Progress toward meeting hiring requirements as
17    described in subsection (n) and subsection (o).
18        (3) The percent of customers electing a waiver
19    offered, as described in subsections (ii) and (jj), among
20    those customers receiving a request or notification to
21    perform a lead service line replacement.
22        (4) The method or methods used by the community water
23    supply to finance lead service line replacement.
24    (u) Notwithstanding any other provision of law, in order
25to provide for costs associated with lead service line
26remediation and replacement, the corporate authorities of a

 

 

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1municipality may, by ordinance or resolution by the corporate
2authorities, exercise authority provided in Section 27-5 of
3the Property Tax Code and Sections 8-3-1, 8-11-1, 8-11-5,
48-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq., 11-131-1,
5and 11-150-1 of the Illinois Municipal Code. Taxes levied for
6this purpose shall be in addition to taxes for general
7purposes authorized under Section 8-3-1 of the Illinois
8Municipal Code and shall be included in the taxing district's
9aggregate extension for the purposes of Division 5 of Article
1018 of the Property Tax Code.
11    (v) Every owner or operator of a community water supply
12shall replace all known lead service lines, subject to the
13requirements of subsection (ff), according to the following
14replacement rates and timelines to be calculated from the date
15of submission of the final replacement plan to the Agency:
16        (1) A community water supply reporting 1,200 or fewer
17    lead service lines in its final inventory and replacement
18    plan shall replace all lead service lines, at an annual
19    rate of no less than 7% of the amount described in the
20    final inventory, with a timeline of up to 15 years for
21    completion.
22        (2) A community water supply reporting more than 1,200
23    but fewer than 5,000 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 6% of the
26    amount described in the final inventory, with a timeline

 

 

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1    of up to 17 years for completion.
2        (3) A community water supply reporting more than 4,999
3    but fewer than 10,000 lead service lines in its final
4    inventory and replacement plan shall replace all lead
5    service lines, at an annual rate of no less than 5% of the
6    amount described in the final inventory, with a timeline
7    of up to 20 years for completion.
8        (4) A community water supply reporting more than 9,999
9    but fewer than 99,999 lead service lines in its final
10    inventory and replacement plan shall replace all lead
11    service lines, at an annual rate of no less than 3% of the
12    amount described in the final inventory, with a timeline
13    of up to 34 years for completion.
14        (5) A community water supply reporting more than
15    99,999 lead service lines in its final inventory and
16    replacement plan shall replace all lead service lines, at
17    an annual rate of no less than 2% of the amount described
18    in the final inventory, with a timeline of up to 50 years
19    for completion.
20    (w) A community water supply may apply to the Agency for an
21extension to the replacement timelines described in paragraphs
22(1) through (5) of subsection (v). The Agency shall develop
23criteria for granting replacement timeline extensions. When
24considering requests for timeline extensions, the Agency
25shall, at a minimum, consider:
26        (1) the number of service connections in a water

 

 

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1    supply; and
2        (2) unusual circumstances creating hardship for a
3    community.
4    The Agency may grant one extension of additional time
5equal to not more than 20% of the original replacement
6timeline, except in situations of extreme hardship in which
7the Agency may consider a second additional extension equal to
8not more than 10% of the original replacement timeline.
9    Replacement rates and timelines shall be calculated from
10the date of submission of the final plan to the Agency.
11    (x) The Lead Service Line Replacement Advisory Board is
12created within the Agency. The Advisory Board shall convene
13within 120 days after the effective date of this amendatory
14Act of the 102nd General Assembly.
15    The Advisory Board shall consist of at least 28 voting
16members, as follows:
17        (1) the Director of the Agency, or his or her
18    designee, who shall serve as chairperson;
19        (2) the Director of Revenue, or his or her designee;
20        (3) the Director of Public Health, or his or her
21    designee;
22        (4) fifteen members appointed by the Agency as
23    follows:
24            (A) one member representing a statewide
25        organization of municipalities as authorized by
26        Section 1-8-1 of the Illinois Municipal Code;

 

 

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1            (B) two members who are mayors representing
2        municipalities located in any county south of the
3        southernmost county represented by one of the 10
4        largest municipalities in Illinois by population, or
5        their respective designees;
6            (C) two members who are representatives from
7        public health advocacy groups;
8            (D) two members who are representatives from
9        publicly-owned water utilities;
10            (E) one member who is a representative from a
11        public utility as defined under Section 3-105 of the
12        Public Utilities Act that provides water service in
13        the State of Illinois;
14            (F) one member who is a research professional
15        employed at an Illinois academic institution and
16        specializing in water infrastructure research;
17            (G) two members who are representatives from
18        nonprofit civic organizations;
19            (H) one member who is a representative from a
20        statewide organization representing environmental
21        organizations;
22            (I) two members who are representatives from
23        organized labor; and
24            (J) one member representing an environmental
25        justice organization; and
26        (5) ten members who are the mayors of the 10 largest

 

 

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1    municipalities in Illinois by population, or their
2    respective designees.
3    No less than 10 of the 28 voting members shall be persons
4of color, and no less than 3 shall represent communities
5defined or self-identified as environmental justice
6communities.
7    Advisory Board members shall serve without compensation,
8but may be reimbursed for necessary expenses incurred in the
9performance of their duties from funds appropriated for that
10purpose. The Agency shall provide administrative support to
11the Advisory Board.
12    The Advisory Board shall meet no less than once every 6
13months.
14    (y) The Advisory Board shall have, at a minimum, the
15following duties:
16        (1) advising the Agency on best practices in lead
17    service line replacement;
18        (2) reviewing the progress of community water supplies
19    toward lead service line replacement goals;
20        (3) advising the Agency on other matters related to
21    the administration of the provisions of this Section;
22        (4) advising the Agency on the integration of existing
23    lead service line replacement plans with any statewide
24    plan; and
25        (5) providing technical support and practical
26    expertise in general.

 

 

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1    (z) Within 18 months after the effective date of this
2amendatory Act of the 102nd General Assembly, the Advisory
3Board shall deliver a report of its recommendations to the
4Governor and the General Assembly concerning opportunities for
5dedicated, long-term revenue options for funding lead service
6line replacement. In submitting recommendations, the Advisory
7Board shall consider, at a minimum, the following:
8        (1) the sufficiency of various revenue sources to
9    adequately fund replacement of all lead service lines in
10    Illinois;
11        (2) the financial burden, if any, on households
12    falling below 150% of the federal poverty limit;
13        (3) revenue options that guarantee low-income
14    households are protected from rate increases;
15        (4) an assessment of the ability of community water
16    supplies to assess and collect revenue;
17        (5) variations in financial resources among individual
18    households within a service area; and
19        (6) the protection of low-income households from rate
20    increases.
21    (aa) Within 10 years after the effective date of this
22amendatory Act of the 102nd General Assembly, the Advisory
23Board shall prepare and deliver a report to the Governor and
24General Assembly concerning the status of all lead service
25line replacement within the State.
26    (bb) The Lead Service Line Replacement Fund is created as

 

 

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1a special fund in the State treasury to be used by the Agency
2for the purposes provided under this Section. The Fund shall
3be used exclusively to finance and administer programs and
4activities specified under this Section and listed under this
5subsection.
6    The objective of the Fund is to finance activities
7associated with identifying and replacing lead service lines,
8build Agency capacity to oversee the provisions of this
9Section, and provide related assistance for the activities
10listed under this subsection.
11    The Agency shall be responsible for the administration of
12the Fund and shall allocate moneys on the basis of priorities
13established by the Agency through administrative rule. On July
141, 2022 and on July 1 of each year thereafter, the Agency shall
15determine the available amount of resources in the Fund that
16can be allocated to the activities identified under this
17Section and shall allocate the moneys accordingly.
18    Notwithstanding any other law to the contrary, the Lead
19Service Line Replacement Fund is not subject to sweeps,
20administrative charge-backs, or any other fiscal maneuver that
21would in any way transfer any amounts from the Lead Service
22Line Replacement Fund into any other fund of the State.
23    (cc)_Within one year after the effective date of this
24amendatory Act of the 102 General Assembly, the Agency shall
25design rules for a program for the purpose of administering
26lead service line replacement funds. The rules must, at

 

 

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1minimum, contain:
2        (1) the process by which community water supplies may
3    apply for funding; and
4        (2) the criteria for determining unit of local
5    government eligibility and prioritization for funding,
6    including the prevalence of low-income households, as
7    measured by median household income, the prevalence of
8    lead service lines, and the prevalence of water samples
9    that demonstrate elevated levels of lead.
10    (dd) Funding under subsection (cc) shall be available for
11costs directly attributable to the planning, design, or
12construction directly related to the replacement of lead
13service lines and restoration of property.
14    Funding shall not be used for the general operating
15expenses of a municipality or community water supply.
16    (ee) An owner or operator of any community water supply
17receiving grant funding under subsection (cc) shall bear the
18entire expense of full lead service line replacement for all
19lead service lines in the scope of the grant.
20    (ff) When replacing a lead service line, the owner or
21operator of the community water supply shall replace the
22service line in its entirety, including, but not limited to,
23any portion of the service line (i) running on private
24property and (ii) within the building's plumbing at the first
25shut-off valve. Partial lead service line replacements are
26expressly prohibited. Exceptions shall be made under the

 

 

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1following circumstances:
2        (1) In the event of an emergency repair that affects a
3    lead service line or a suspected lead service line, a
4    community water supply must contact the building owner to
5    begin the process of replacing the entire service line. If
6    the building owner is not able to be contacted or the
7    building owner or occupant refuses to grant access and
8    permission to replace the entire service line at the time
9    of the emergency repair, then the community water supply
10    may perform a partial lead service line replacement. Where
11    an emergency repair on a service line constructed of lead
12    or galvanized steel pipe results in a partial service line
13    replacement, the water supply responsible for commencing
14    the repair shall perform the following:
15            (A) Notify the building's owner or operator and
16        the resident or residents served by the lead service
17        line in writing that a repair has been completed. The
18        notification shall include, at a minimum:
19                (i) a warning that the work may result in
20            sediment, possibly containing lead, in the
21            buildings water supply system;
22                (ii) information concerning practices for
23            preventing the consumption of any lead in drinking
24            water, including a recommendation to flush water
25            distribution pipe during and after the completion
26            of the repair or replacement work and to clean

 

 

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1            faucet aerator screens; and
2                (iii) information regarding the dangers of
3            lead to young children and pregnant women.
4            (B) Provide filters for at least one fixture
5        supplying potable water for consumption. The filter
6        must be certified by an accredited third-party
7        certification body to NSF/ANSI 53 and NSF/ANSI 42 for
8        the reduction of lead and particulate. The filter must
9        be provided until such time that the remaining
10        portions of the service line have been replaced with a
11        material approved by the Department or a waiver has
12        been issued under subsection (ii).
13            (C) Replace the remaining portion of the lead
14        service line within 30 days of the repair, or 120 days
15        in the event of weather or other circumstances beyond
16        reasonable control that prohibits construction. If a
17        complete lead service line replacement cannot be made
18        within the required period, the community water supply
19        responsible for commencing the repair shall notify the
20        Department in writing, at a minimum, of the following
21        within 24 hours of the repair:
22                (i) an explanation of why it is not feasible
23            to replace the remaining portion of the lead
24            service line within the allotted time; and
25                (ii) a timeline for when the remaining portion
26            of the lead service line will be replaced.

 

 

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1            (D) If complete repair of a lead service line
2        cannot be completed due to denial by the property
3        owner, the community water supply commencing the
4        repair shall request the affected property owner to
5        sign a waiver developed by the Department. If a
6        property owner of a nonresidential building or
7        residence operating as rental properties denies a
8        complete lead service line replacement, the property
9        owner shall be responsible for installing and
10        maintaining point-of-use filters certified by an
11        accredited third-party certification body to NSF/ANSI
12        53 and NSF/ANSI 42 for the reduction of lead and
13        particulate at all fixtures intended to supply water
14        for the purposes of drinking, food preparation, or
15        making baby formula. The filters shall continue to be
16        supplied by the property owner until such time that
17        the property owner has affected the remaining portions
18        of the lead service line to be replaced.
19            (E) Document any remaining lead service line,
20        including a portion on the private side of the
21        property, in the community water supply's distribution
22        system materials inventory required under subsection
23        (d).
24        For the purposes of this paragraph (1), written notice
25    shall be provided in the method and according to the
26    provisions of subsection (jj).

 

 

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1        (2) Lead service lines that are physically
2    disconnected from the distribution system are exempt from
3    this subsection.
4    (gg) Except as provided in subsection (hh), on and after
5January 1, 2022, when the owner or operator of a community
6water supply replaces a water main, the community water supply
7shall identify all lead service lines connected to the water
8main and shall replace the lead service lines by:
9        (1) identifying the material or materials of each lead
10    service line connected to the water main, including, but
11    not limited to, any portion of the service line (i)
12    running on private property and (ii) within the building
13    plumbing at the first shut-off valve or 18 inches inside
14    the building, whichever is shorter;
15        (2) in conjunction with replacement of the water main,
16    replacing any and all portions of each lead service line
17    connected to the water main that are composed of lead; and
18        (3) if a property owner or customer refuses to grant
19    access to the property, following prescribed notice
20    provisions as outlined in subsection (ff).
21    If an owner of a potentially affected building intends to
22replace a portion of a lead service line or a galvanized
23service line and the galvanized service line is or was
24connected downstream to lead piping, then the owner of the
25potentially affected building shall provide the owner or
26operator of the community water supply with notice at least 45

 

 

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1days before commencing the work. In the case of an emergency
2repair, the owner of the potentially affected building must
3provide filters for each kitchen area that are certified by an
4accredited third-party certification body to NSF/ANSI 53 and
5NSF/ANSI 42 for the reduction of lead and particulate. If the
6owner of the potentially affected building notifies the owner
7or operator of the community water supply that replacement of
8a portion of the lead service line after the emergency repair
9is completed, then the owner or operator of the community
10water supply shall replace the remainder of the lead service
11line within 30 days after completion of the emergency repair.
12A community water supply may take up to 120 days if necessary
13due to weather conditions. If a replacement takes longer than
1430 days, filters provided by the owner of the potentially
15affected building must be replaced in accordance with the
16manufacturer's recommendations. Partial lead service line
17replacements by the owners of potentially affected buildings
18are otherwise prohibited.
19    (hh) For municipalities with a population in excess of
201,000,000 inhabitants, the requirements of subsection (gg)
21shall commence on January 1, 2023.
22    (ii) At least 45 days before conducting planned lead
23service line replacement, the owner or operator of a community
24water supply shall, by mail, attempt to contact the owner of
25the potentially affected building serviced by the lead service
26line to request access to the building and permission to

 

 

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1replace the lead service line in accordance with the lead
2service line replacement plan. If the owner of the potentially
3affected building does not respond to the request within 15
4days after the request is sent, the owner or operator of the
5community water supply shall attempt to post the request on
6the entrance of the potentially affected building.
7    If the owner or operator of a community water supply is
8unable to obtain approval to access and replace a lead service
9line, the owner or operator of the community water supply
10shall request that the owner of the potentially affected
11building sign a waiver. The waiver shall be developed by the
12Department and should be made available in the owner's
13language. If the owner of the potentially affected building
14refuses to sign the waiver or fails to respond to the community
15water supply after the community water supply has complied
16with this subsection, then the community water supply shall
17notify the Department in writing within 15 working days.
18    (jj) When replacing a lead service line or repairing or
19replacing water mains with lead service lines or partial lead
20service lines attached to them, the owner or operator of a
21community water supply shall provide the owner of each
22potentially affected building that is serviced by the affected
23lead service lines or partial lead service lines, as well as
24the occupants of those buildings, with an individual written
25notice. The notice shall be delivered by mail or posted at the
26primary entranceway of the building. The notice may, in

 

 

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1addition, be electronically mailed. Written notice shall
2include, at a minimum, the following:
3        (1) a warning that the work may result in sediment,
4    possibly containing lead from the service line, in the
5    building's water;
6        (2) information concerning the best practices for
7    preventing exposure to or risk of consumption of lead in
8    drinking water, including a recommendation to flush water
9    lines during and after the completion of the repair or
10    replacement work and to clean faucet aerator screens; and
11        (3) information regarding the dangers of lead exposure
12    to young children and pregnant women.
13    When the individual written notice described in the first
14paragraph of this subsection is required as a result of
15planned work other than the repair or replacement of a water
16meter, the owner or operator of the community water supply
17shall provide the notice not less than 14 days before work
18begins. When the individual written notice described in the
19first paragraph of this subsection is required as a result of
20emergency repairs other than the repair or replacement of a
21water meter, the owner or operator of the community water
22supply shall provide the notice at the time the work is
23initiated. When the individual written notice described in the
24first paragraph of this subsection is required as a result of
25the repair or replacement of a water meter, the owner or
26operator of the community water supply shall provide the

 

 

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1notice at the time the work is initiated.
2    The notifications required under this subsection must
3contain the following statement in the Spanish, Polish,
4Chinese, Tagalog, Arabic, Korean, German, Urdu, and Gujarati:
5"This notice contains important information about your water
6service and may affect your rights. We encourage you to have
7this notice translated in full into a language you understand
8and before you make any decisions that may be required under
9this notice."
10    An owner or operator of a community water supply that is
11required under this subsection to provide an individual
12written notice to the owner and occupant of a potentially
13affected building that is a multi-dwelling building may
14satisfy that requirement and the requirements of this
15subsection regarding notification to non-English speaking
16customers by posting the required notice on the primary
17entranceway of the building and at the location where the
18occupant's mail is delivered as reasonably as possible.
19    When this subsection would require the owner or operator
20of a community water supply to provide an individual written
21notice to the entire community served by the community water
22supply or would require the owner or operator of a community
23water supply to provide individual written notices as a result
24of emergency repairs or when the community water supply that
25is required to comply with this subsection is a small system,
26the owner or operator of the community water supply may

 

 

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1provide the required notice through local media outlets,
2social media, or other similar means in lieu of providing the
3individual written notices otherwise required under this
4subsection.
5    No notifications are required under this subsection for
6work performed on water mains that are used to transmit
7treated water between community water supplies and properties
8that have no service connections.
9    (kk) No community water supply that sells water to any
10wholesale or retail consecutive community water supply may
11pass on any costs associated with compliance with this Section
12to consecutive systems.
13    (ll) To the extent allowed by law, when a community water
14supply replaces or installs a lead service line in a public
15right-of-way or enters into an agreement with a private
16contractor for replacement or installation of a lead service
17line, the community water supply shall be held harmless for
18all damage to property when replacing or installing the lead
19service line. If dangers are encountered that prevent the
20replacement of the lead service line, the community water
21supply shall notify the Department within 15 working days of
22why the replacement of the lead service line could not be
23accomplished.
24    (mm) The Agency may propose to the Board, and the Board may
25adopt, any rules necessary to implement and administer this
26Section. The Department may adopt rules necessary to address

 

 

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1lead service lines attached to noncommunity water supplies.
2    (nn) Notwithstanding any other provision in this Section,
3no requirement in this Section shall be construed as being
4less stringent than existing applicable federal requirements.
5    (oo) All lead service line replacements financed in whole
6or in part with funds obtained under this Section shall be
7considered public works for purposes of the Prevailing Wage
8Act.
 
9    (415 ILCS 5/17.11 rep.)
10    Section 20. The Environmental Protection Act is amended by
11repealing Section 17.11.".