Illinois General Assembly - Full Text of HB4295
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Full Text of HB4295  102nd General Assembly

HB4295ham001 102ND GENERAL ASSEMBLY

Rep. Denyse Wang Stoneback

Filed: 2/1/2022

 

 


 

 


 
10200HB4295ham001LRB102 21457 CPF 35225 a

1
AMENDMENT TO HOUSE BILL 4295

2    AMENDMENT NO. ______. Amend House Bill 4295 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Section 17.12 as follows:
 
6    (415 ILCS 5/17.12)
7    Sec. 17.12. Lead service line replacement and
8notification.
9    (a) The purpose of this Act is to: (1) require the owners
10and operators of community water supplies to develop,
11implement, and maintain a comprehensive water service line
12material inventory and a comprehensive lead service line
13replacement plan, provide notice to occupants of potentially
14affected buildings before any construction or repair work on
15water mains or lead service lines, and request access to
16potentially affected buildings before replacing lead service

 

 

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1lines; and (2) prohibit partial lead service line
2replacements, except as authorized within this Section.
3    (b) The General Assembly finds and declares that:
4        (1) There is no safe level of exposure to heavy metal
5    lead, as found by the United States Environmental
6    Protection Agency and the Centers for Disease Control and
7    Prevention.
8        (2) Lead service lines can convey this harmful
9    substance to the drinking water supply.
10        (3) According to the Illinois Environmental Protection
11    Agency's 2018 Service Line Material Inventory, the State
12    of Illinois is estimated to have over 680,000 lead-based
13    service lines still in operation.
14        (4) The true number of lead service lines is not fully
15    known because Illinois lacks an adequate inventory of lead
16    service lines.
17        (5) For the general health, safety and welfare of its
18    residents, all lead service lines in Illinois should be
19    disconnected from the drinking water supply, and the
20    State's drinking water supply.
21    (c) In this Section:
22    "Advisory Board" means the Lead Service Line Replacement
23Advisory Board created under subsection (x).
24    "Community water supply" has the meaning ascribed to it in
25Section 3.145 of this Act.
26    "Department" means the Department of Public Health.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        (3) Meeting in good faith with interested certified
2    businesses that have submitted bids.
3        (4) Effectively using the services of the State,
4    minority or women community organizations, minority or
5    women contractor groups, local, State, and federal
6    minority or women business assistance offices, and other
7    organizations to provide assistance in the recruitment and
8    placement of certified businesses.
9        (5) Making efforts to use appropriate forums for
10    purposes of advertising subcontracting opportunities
11    suitable for certified businesses.
12    The diversity goals defined in this subsection can be met
13through direct award to diverse contractors and through the
14use of diverse subcontractors and diverse vendors to
15contracts.
16    (o) An owner or operator of a community water supply shall
17collect data necessary to ensure compliance with subsection
18(n) no less than semi-annually and shall include progress
19toward compliance of subsection (n) in the owner or operator's
20report required under subsection (t-5). The report must
21include data on vendor and employee diversity, including data
22on the owner's or operator's implementation of subsection (n).
23    (p) Every owner or operator of a community water supply
24that has known or suspected lead service lines shall:
25        (1) create a plan to:
26            (A) replace each lead service line connected to

 

 

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

 

 

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1        (2) the total number of service lines connected to the
2    distribution system of the community water supply;
3        (3) the total number of suspected lead service lines
4    connected to the distribution system of the community
5    water supply;
6        (4) the total number of known lead service lines
7    connected to the distribution system of the community
8    water supply;
9        (5) the total number of lead service lines connected
10    to the distribution system of the community water supply
11    that have been replaced each year beginning in 2020;
12        (6) a proposed lead service line replacement schedule
13    that includes one-year, 5-year, 10-year, 15-year, 20-year,
14    25-year, and 30-year goals;
15        (7) an analysis of costs and financing options for
16    replacing the lead service lines connected to the
17    community water supply's distribution system, which shall
18    include, but shall not be limited to:
19            (A) a detailed accounting of costs associated with
20        replacing lead service lines and galvanized lines that
21        are or were connected downstream to lead piping;
22            (B) measures to address affordability and prevent
23        service shut-offs for customers or ratepayers; and
24            (C) consideration of different scenarios for
25        structuring payments between the utility and its
26        customers over time; and

 

 

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

 

 

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1    the community water supply;
2        (3) the plan includes analysis of cost and financing
3    options; and
4        (4) the plan provides documentation of public review.
5    (s) An owner or operator of a community water supply has no
6duty to include in the plans required under subsection (p)
7information about service lines that are physically
8disconnected from a water main in its distribution system.
9    (t) If a community water supply does not deliver a
10complete plan to the Agency by April 15, 2027, the community
11water supply may apply to the Agency for an extension no less
12than 3 months prior to the due date. The Agency shall develop
13criteria for granting plan extensions. When considering
14requests for extension, the Agency shall, at a minimum,
15consider:
16        (1) the number of service connections in a water
17    supply; and
18        (2) the number of service lines of an unknown material
19    composition.
20    (t-5) After the Agency has approved the final replacement
21plan described in subsection (p), the owner or operator of a
22community water supply shall submit a report detailing
23progress toward plan goals to the Agency for its review. The
24report shall be submitted annually for the first 10 years, and
25every 3 years thereafter until all lead service lines have
26been replaced. Reports under this subsection shall be

 

 

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1published in the same manner described in subsection (l). The
2report shall include at least the following information as it
3pertains to the preceding reporting period:
4        (1) The number of lead service lines replaced and the
5    average cost of lead service line replacement.
6        (2) Progress toward meeting hiring requirements as
7    described in subsection (n) and subsection (o).
8        (3) The percent of customers electing a waiver
9    offered, as described in subsections (ii) and (jj), among
10    those customers receiving a request or notification to
11    perform a lead service line replacement.
12        (4) The method or methods used by the community water
13    supply to finance lead service line replacement.
14    (u) Notwithstanding any other provision of law, in order
15to provide for costs associated with lead service line
16remediation and replacement, the corporate authorities of a
17municipality may, by ordinance or resolution by the corporate
18authorities, exercise authority provided in Section 27-5 et
19seq. of the Property Tax Code and Sections 8-3-1, 8-11-1,
208-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq.,
2111-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes
22levied for this purpose shall be in addition to taxes for
23general purposes authorized under Section 8-3-1 of the
24Illinois Municipal Code and shall be included in the taxing
25district's aggregate extension for the purposes of Division 5
26of Article 18 of the Property Tax Code.

 

 

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1    (v) Every owner or operator of a community water supply
2shall replace all known lead service lines, subject to the
3requirements of subsection (ff), according to the following
4replacement rates and timelines to be calculated from the date
5of submission of the final replacement plan to the Agency:
6        (1) A community water supply reporting 1,200 or fewer
7    lead service lines in its final inventory and replacement
8    plan shall replace all lead service lines, at an annual
9    rate of no less than 7% of the amount described in the
10    final inventory, with a timeline of up to 15 years for
11    completion.
12        (2) A community water supply reporting more than 1,200
13    but fewer than 5,000 lead service lines in its final
14    inventory and replacement plan shall replace all lead
15    service lines, at an annual rate of no less than 6% of the
16    amount described in the final inventory, with a timeline
17    of up to 17 years for completion.
18        (3) A community water supply reporting more than 4,999
19    but fewer than 10,000 lead service lines in its final
20    inventory and replacement plan shall replace all lead
21    service lines, at an annual rate of no less than 5% of the
22    amount described in the final inventory, with a timeline
23    of up to 20 years for completion.
24        (4) A community water supply reporting more than 9,999
25    but fewer than 99,999 lead service lines in its final
26    inventory and replacement plan shall replace all lead

 

 

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1    service lines, at an annual rate of no less than 3% of the
2    amount described in the final inventory, with a timeline
3    of up to 34 years for completion.
4        (5) A community water supply reporting more than
5    99,999 lead service lines in its final inventory and
6    replacement plan shall replace all lead service lines, at
7    an annual rate of no less than 2% of the amount described
8    in the final inventory, with a timeline of up to 50 years
9    for completion.
10    (w) A community water supply may apply to the Agency for an
11extension to the replacement timelines described in paragraphs
12(1) through (5) of subsection (v). The Agency shall develop
13criteria for granting replacement timeline extensions. When
14considering requests for timeline extensions, the Agency
15shall, at a minimum, consider:
16        (1) the number of service connections in a water
17    supply; and
18        (2) unusual circumstances creating hardship for a
19    community.
20    The Agency may grant one extension of additional time
21equal to not more than 20% of the original replacement
22timeline, except in situations of extreme hardship in which
23the Agency may consider a second additional extension equal to
24not more than 10% of the original replacement timeline.
25    Replacement rates and timelines shall be calculated from
26the date of submission of the final plan to the Agency.

 

 

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1    (x) The Lead Service Line Replacement Advisory Board is
2created within the Agency. The Advisory Board shall convene
3within 120 days after January 1, 2022 (the effective date of
4Public Act 102-613) this amendatory Act of the 102nd General
5Assembly.
6    The Advisory Board shall consist of at least 28 voting
7members, as follows:
8        (1) the Director of the Agency, or his or her
9    designee, who shall serve as chairperson;
10        (2) the Director of Revenue, or his or her designee;
11        (3) the Director of Public Health, or his or her
12    designee;
13        (4) fifteen members appointed by the Agency as
14    follows:
15            (A) one member representing a statewide
16        organization of municipalities as authorized by
17        Section 1-8-1 of the Illinois Municipal Code;
18            (B) two members who are mayors representing
19        municipalities located in any county south of the
20        southernmost county represented by one of the 10
21        largest municipalities in Illinois by population, or
22        their respective designees;
23            (C) two members who are representatives from
24        public health advocacy groups;
25            (D) two members who are representatives from
26        publicly-owned water utilities;

 

 

10200HB4295ham001- 19 -LRB102 21457 CPF 35225 a

1            (E) one member who is a representative from a
2        public utility as defined under Section 3-105 of the
3        Public Utilities Act that provides water service in
4        the State of Illinois;
5            (F) one member who is a research professional
6        employed at an Illinois academic institution and
7        specializing in water infrastructure research;
8            (G) two members who are representatives from
9        nonprofit civic organizations;
10            (H) one member who is a representative from a
11        statewide organization representing environmental
12        organizations;
13            (I) two members who are representatives from
14        organized labor; and
15            (J) one member representing an environmental
16        justice organization; and
17        (5) ten members who are the mayors of the 10 largest
18    municipalities in Illinois by population, or their
19    respective designees.
20    No less than 10 of the 28 voting members shall be persons
21of color, and no less than 3 shall represent communities
22defined or self-identified as environmental justice
23communities.
24    Advisory Board members shall serve without compensation,
25but may be reimbursed for necessary expenses incurred in the
26performance of their duties from funds appropriated for that

 

 

10200HB4295ham001- 20 -LRB102 21457 CPF 35225 a

1purpose. The Agency shall provide administrative support to
2the Advisory Board.
3    The Advisory Board shall meet no less than once every 6
4months.
5    (y) The Advisory Board shall have, at a minimum, the
6following duties:
7        (1) advising the Agency on best practices in lead
8    service line replacement;
9        (2) reviewing the progress of community water supplies
10    toward lead service line replacement goals;
11        (3) advising the Agency on other matters related to
12    the administration of the provisions of this Section;
13        (4) advising the Agency on the integration of existing
14    lead service line replacement plans with any statewide
15    plan; and
16        (5) providing technical support and practical
17    expertise in general.
18    (z) Within 18 months after January 1, 2022 (the effective
19date of Public Act 102-613) this amendatory Act of the 102nd
20General Assembly, the Advisory Board shall deliver a report of
21its recommendations to the Governor and the General Assembly
22concerning opportunities for dedicated, long-term revenue
23options for funding lead service line replacement. In
24submitting recommendations, the Advisory Board shall consider,
25at a minimum, the following:
26        (1) the sufficiency of various revenue sources to

 

 

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1    adequately fund replacement of all lead service lines in
2    Illinois;
3        (2) the financial burden, if any, on households
4    falling below 150% of the federal poverty limit;
5        (3) revenue options that guarantee low-income
6    households are protected from rate increases;
7        (4) an assessment of the ability of community water
8    supplies to assess and collect revenue;
9        (5) variations in financial resources among individual
10    households within a service area; and
11        (6) the protection of low-income households from rate
12    increases.
13    (aa) Within 10 years after January 1, 2022 (the effective
14date of Public Act 102-613) this amendatory Act of the 102nd
15General Assembly, the Advisory Board shall prepare and deliver
16a report to the Governor and General Assembly concerning the
17status of all lead service line replacement within the State.
18    (bb) The Lead Service Line Replacement Fund is created as
19a special fund in the State treasury to be used by the Agency
20for the purposes provided under this Section. The Fund shall
21be used exclusively to finance and administer programs and
22activities specified under this Section and listed under this
23subsection.
24    The objective of the Fund is to finance activities
25associated with identifying and replacing lead service lines,
26build Agency capacity to oversee the provisions of this

 

 

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1Section, and provide related assistance for the activities
2listed under this subsection.
3    The Agency shall be responsible for the administration of
4the Fund and shall allocate moneys on the basis of priorities
5established by the Agency through administrative rule. On July
61, 2022 and on July 1 of each year thereafter, the Agency shall
7determine the available amount of resources in the Fund that
8can be allocated to the activities identified under this
9Section and shall allocate the moneys accordingly.
10    Notwithstanding any other law to the contrary, the Lead
11Service Line Replacement Fund is not subject to sweeps,
12administrative charge-backs, or any other fiscal maneuver that
13would in any way transfer any amounts from the Lead Service
14Line Replacement Fund into any other fund of the State.
15    (cc) Within one year after January 1, 2022 (the effective
16date of Public Act 102-613) this amendatory Act of the 102
17General Assembly, the Agency shall design rules for a program
18for the purpose of administering lead service line replacement
19funds. The rules must, at minimum, contain:
20        (1) the process by which community water supplies may
21    apply for funding; and
22        (2) the criteria for determining unit of local
23    government eligibility and prioritization for funding,
24    including the prevalence of low-income households, as
25    measured by median household income, the prevalence of
26    lead service lines, and the prevalence of water samples

 

 

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

 

 

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

 

 

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1        be provided until such time that the remaining
2        portions of the service line have been replaced with a
3        material approved by the Department or a waiver has
4        been issued under subsection (ii).
5            (C) Replace the remaining portion of the lead
6        service line within 30 days of the repair, or 120 days
7        in the event of weather or other circumstances beyond
8        reasonable control that prohibits construction. If a
9        complete lead service line replacement cannot be made
10        within the required period, the community water supply
11        responsible for commencing the repair shall notify the
12        Department in writing, at a minimum, of the following
13        within 24 hours of the repair:
14                (i) an explanation of why it is not feasible
15            to replace the remaining portion of the lead
16            service line within the allotted time; and
17                (ii) a timeline for when the remaining portion
18            of the lead service line will be replaced.
19            (D) If complete repair of a lead service line
20        cannot be completed due to denial by the property
21        owner, the community water supply commencing the
22        repair shall request the affected property owner to
23        sign a waiver developed by the Department. If a
24        property owner of a nonresidential building or
25        residence operating as rental properties denies a
26        complete lead service line replacement, the property

 

 

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1        owner shall be responsible for installing and
2        maintaining point-of-use filters certified by an
3        accredited third-party certification body to NSF/ANSI
4        53 and NSF/ANSI 42 for the reduction of lead and
5        particulate at all fixtures intended to supply water
6        for the purposes of drinking, food preparation, or
7        making baby formula. The filters shall continue to be
8        supplied by the property owner until such time that
9        the property owner has affected the remaining portions
10        of the lead service line to be replaced.
11            (E) Document any remaining lead service line,
12        including a portion on the private side of the
13        property, in the community water supply's distribution
14        system materials inventory required under subsection
15        (d).
16        For the purposes of this paragraph (1), written notice
17    shall be provided in the method and according to the
18    provisions of subsection (jj).
19        (2) Lead service lines that are physically
20    disconnected from the distribution system are exempt from
21    this subsection.
22    (gg) Except as provided in subsection (hh), on and after
23January 1, 2022, when the owner or operator of a community
24water supply replaces a water main, the community water supply
25shall identify all lead service lines connected to the water
26main and shall replace the lead service lines by:

 

 

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1        (1) identifying the material or materials of each lead
2    service line connected to the water main, including, but
3    not limited to, any portion of the service line (i)
4    running on private property and (ii) within the building
5    plumbing at the first shut-off valve or 18 inches inside
6    the building, whichever is shorter;
7        (2) in conjunction with replacement of the water main,
8    replacing any and all portions of each lead service line
9    connected to the water main that are composed of lead; and
10        (3) if a property owner or customer refuses to grant
11    access to the property, following prescribed notice
12    provisions as outlined in subsection (ff).
13    If an owner of a potentially affected building intends to
14replace a portion of a lead service line or a galvanized
15service line and the galvanized service line is or was
16connected downstream to lead piping, then the owner of the
17potentially affected building shall provide the owner or
18operator of the community water supply with notice at least 45
19days before commencing the work. In the case of an emergency
20repair, the owner of the potentially affected building must
21provide filters for each kitchen area that are certified by an
22accredited third-party certification body to NSF/ANSI 53 and
23NSF/ANSI 42 for the reduction of lead and particulate. If the
24owner of the potentially affected building notifies the owner
25or operator of the community water supply that replacement of
26a portion of the lead service line after the emergency repair

 

 

10200HB4295ham001- 28 -LRB102 21457 CPF 35225 a

1is completed, then the owner or operator of the community
2water supply shall replace the remainder of the lead service
3line within 30 days after completion of the emergency repair.
4A community water supply may take up to 120 days if necessary
5due to weather conditions. If a replacement takes longer than
630 days, filters provided by the owner of the potentially
7affected building must be replaced in accordance with the
8manufacturer's recommendations. Partial lead service line
9replacements by the owners of potentially affected buildings
10are otherwise prohibited.
11    (hh) For municipalities with a population in excess of
121,000,000 inhabitants, the requirements of subsection (gg)
13shall commence on January 1, 2023.
14    (ii) At least 45 days before conducting planned lead
15service line replacement, the owner or operator of a community
16water supply shall, by mail, attempt to contact the owner of
17the potentially affected building serviced by the lead service
18line to request access to the building and permission to
19replace the lead service line in accordance with the lead
20service line replacement plan. If the owner of the potentially
21affected building does not respond to the request within 15
22days after the request is sent, the owner or operator of the
23community water supply shall attempt to post the request on
24the entrance of the potentially affected building.
25    If the owner or operator of a community water supply is
26unable to obtain approval to access and replace a lead service

 

 

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1line, the owner or operator of the community water supply
2shall request that the owner of the potentially affected
3building sign a waiver. The waiver shall be developed by the
4Department and should be made available in the owner's
5language. If the owner of the potentially affected building
6refuses to sign the waiver or fails to respond to the community
7water supply after the community water supply has complied
8with this subsection, then the community water supply shall
9notify the Department in writing within 15 working days.
10    (jj) When replacing a lead service line or repairing or
11replacing water mains with lead service lines or partial lead
12service lines attached to them, the owner or operator of a
13community water supply shall provide the owner of each
14potentially affected building that is serviced by the affected
15lead service lines or partial lead service lines, as well as
16the occupants of those buildings, with an individual written
17notice. The notice shall be delivered by mail or posted at the
18primary entranceway of the building. The notice may, in
19addition, be electronically mailed. Written notice shall
20include, at a minimum, the following:
21        (1) a warning that the work may result in sediment,
22    possibly containing lead from the service line, in the
23    building's water;
24        (2) information concerning the best practices for
25    preventing exposure to or risk of consumption of lead in
26    drinking water, including a recommendation to flush water

 

 

10200HB4295ham001- 30 -LRB102 21457 CPF 35225 a

1    lines during and after the completion of the repair or
2    replacement work and to clean faucet aerator screens; and
3        (3) information regarding the dangers of lead exposure
4    to young children and pregnant women.
5    When the individual written notice described in the first
6paragraph of this subsection is required as a result of
7planned work other than the repair or replacement of a water
8meter, the owner or operator of the community water supply
9shall provide the notice not less than 14 days before work
10begins. When the individual written notice described in the
11first paragraph of this subsection is required as a result of
12emergency repairs other than the repair or replacement of a
13water meter, the owner or operator of the community water
14supply shall provide the notice at the time the work is
15initiated. When the individual written notice described in the
16first paragraph of this subsection is required as a result of
17the repair or replacement of a water meter, the owner or
18operator of the community water supply shall provide the
19notice at the time the work is initiated.
20    The notifications required under this subsection must
21contain the following statement in the Spanish, Polish,
22Chinese, Tagalog, Arabic, Korean, German, Urdu, and Gujarati:
23"This notice contains important information about your water
24service and may affect your rights. We encourage you to have
25this notice translated in full into a language you understand
26and before you make any decisions that may be required under

 

 

10200HB4295ham001- 31 -LRB102 21457 CPF 35225 a

1this notice."
2    An owner or operator of a community water supply that is
3required under this subsection to provide an individual
4written notice to the owner and occupant of a potentially
5affected building that is a multi-dwelling building may
6satisfy that requirement and the requirements of this
7subsection regarding notification to non-English speaking
8customers by posting the required notice on the primary
9entranceway of the building and at the location where the
10occupant's mail is delivered as reasonably as possible.
11    When this subsection would require the owner or operator
12of a community water supply to provide an individual written
13notice to the entire community served by the community water
14supply or would require the owner or operator of a community
15water supply to provide individual written notices as a result
16of emergency repairs or when the community water supply that
17is required to comply with this subsection is a small system,
18the owner or operator of the community water supply may
19provide the required notice through local media outlets,
20social media, or other similar means in lieu of providing the
21individual written notices otherwise required under this
22subsection.
23    No notifications are required under this subsection for
24work performed on water mains that are used to transmit
25treated water between community water supplies and properties
26that have no service connections.

 

 

10200HB4295ham001- 32 -LRB102 21457 CPF 35225 a

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

 

 

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1Act.
2    (pp) As lead service lines are replaced in accordance with
3this Section, the following requirements must be met:
4        (1) An owner or operator of a community water supply
5    shall, when practicable, comply with paragraphs (1) and
6    (2) of subsection (a) of Section 890.1150 of the Illinois
7    Plumbing Code. When doing so will create an undue hardship
8    due to excessive structural or mechanical difficulty, or
9    impracticability, the owner or operator of the community
10    water supply shall automatically be granted a variance by
11    the Department of Public Health and be exempt from the
12    separation requirements of paragraphs (1) and (2) of
13    subsection (a) of Section 890.1150 of the Illinois
14    Plumbing Code.
15        (2) Type K copper must be used to replace a lead pipe.
16        (3) If a new service line or building sewer is to be
17    located closer, horizontally or vertically, than the
18    existing installation, then the service line must be
19    properly encased in a sleeve in accordance with the
20    Illinois Plumbing Code.
21        (4) If a sanitary sewer, building sewer, or building
22    drain has been exposed during the service line
23    replacement, the exposed portion must be visibly
24    inspected. Any sewer with observed damage, cracks, or
25    leaks must be repaired prior to backfilling.
26    This subsection is applicable in the following situations:

 

 

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1        (1) No E. coli has been detected in any drinking water
2    sample collected from the property's plumbing system
3    within the 10-year period prior to the service line
4    replacement. However, there is no requirement for the
5    collection of water samples.
6        (2) If water service is above a building sewer.
7    If a building sewer runs above water service, then the
8Illinois Plumbing Code, rather than this subsection, shall
9apply.
10(Source: P.A. 102-613, eff. 1-1-22; revised 12-1-21.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".