| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0167 | |
| 2 | 1 | HB2776 EnrolledLRB103 28485 CPF 54866 b HB2776 Enrolled LRB103 28485 CPF 54866 b | |
| 3 | 2 | HB2776 Enrolled LRB103 28485 CPF 54866 b | |
| 4 | - | AN ACT concerning safety. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 5. The Environmental Protection Act is amended by | |
| 8 | - | changing Section 17.12 as follows: | |
| 9 | - | (415 ILCS 5/17.12) | |
| 10 | - | Sec. 17.12. Lead service line replacement and | |
| 11 | - | notification. | |
| 12 | - | (a) The purpose of this Act is to: (1) require the owners | |
| 13 | - | and operators of community water supplies to develop, | |
| 14 | - | implement, and maintain a comprehensive water service line | |
| 15 | - | material inventory and a comprehensive lead service line | |
| 16 | - | replacement plan, provide notice to occupants of potentially | |
| 17 | - | affected buildings before any construction or repair work on | |
| 18 | - | water mains or lead service lines, and request access to | |
| 19 | - | potentially affected buildings before replacing lead service | |
| 20 | - | lines; and (2) prohibit partial lead service line | |
| 21 | - | replacements, except as authorized within this Section. | |
| 22 | - | (b) The General Assembly finds and declares that: | |
| 23 | - | (1) There is no safe level of exposure to heavy metal | |
| 24 | - | lead, as found by the United States Environmental | |
| 25 | - | Protection Agency and the Centers for Disease Control and | |
| 26 | - | Prevention. | |
| 3 | + | 1 AN ACT concerning safety. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 Section 5. The Environmental Protection Act is amended by | |
| 7 | + | 5 changing Section 17.12 as follows: | |
| 8 | + | 6 (415 ILCS 5/17.12) | |
| 9 | + | 7 Sec. 17.12. Lead service line replacement and | |
| 10 | + | 8 notification. | |
| 11 | + | 9 (a) The purpose of this Act is to: (1) require the owners | |
| 12 | + | 10 and operators of community water supplies to develop, | |
| 13 | + | 11 implement, and maintain a comprehensive water service line | |
| 14 | + | 12 material inventory and a comprehensive lead service line | |
| 15 | + | 13 replacement plan, provide notice to occupants of potentially | |
| 16 | + | 14 affected buildings before any construction or repair work on | |
| 17 | + | 15 water mains or lead service lines, and request access to | |
| 18 | + | 16 potentially affected buildings before replacing lead service | |
| 19 | + | 17 lines; and (2) prohibit partial lead service line | |
| 20 | + | 18 replacements, except as authorized within this Section. | |
| 21 | + | 19 (b) The General Assembly finds and declares that: | |
| 22 | + | 20 (1) There is no safe level of exposure to heavy metal | |
| 23 | + | 21 lead, as found by the United States Environmental | |
| 24 | + | 22 Protection Agency and the Centers for Disease Control and | |
| 25 | + | 23 Prevention. | |
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | ||
| 30 | 29 | HB2776 Enrolled LRB103 28485 CPF 54866 b | |
| 31 | 30 | ||
| 32 | 31 | ||
| 33 | - | (2) Lead service lines can convey this harmful | |
| 34 | - | substance to the drinking water supply. | |
| 35 | - | (3) According to the Illinois Environmental Protection | |
| 36 | - | Agency's 2018 Service Line Material Inventory, the State | |
| 37 | - | of Illinois is estimated to have over 680,000 lead-based | |
| 38 | - | service lines still in operation. | |
| 39 | - | (4) The true number of lead service lines is not fully | |
| 40 | - | known because Illinois lacks an adequate inventory of lead | |
| 41 | - | service lines. | |
| 42 | - | (5) For the general health, safety and welfare of its | |
| 43 | - | residents, all lead service lines in Illinois should be | |
| 44 | - | disconnected from the drinking water supply, and the | |
| 45 | - | State's drinking water supply. | |
| 46 | - | (c) In this Section: | |
| 47 | - | "Advisory Board" means the Lead Service Line Replacement | |
| 48 | - | Advisory Board created under subsection (x). | |
| 49 | - | "Community water supply" has the meaning ascribed to it in | |
| 50 | - | Section 3.145 of this Act. | |
| 51 | - | "Department" means the Department of Public Health. | |
| 52 | - | "Emergency repair" means any unscheduled water main, water | |
| 53 | - | service, or water valve repair or replacement that results | |
| 54 | - | from failure or accident. | |
| 55 | - | "Fund" means the Lead Service Line Replacement Fund | |
| 56 | - | created under subsection (bb). | |
| 57 | - | "Lead service line" means a service line made of lead or | |
| 58 | - | service line connected to a lead pigtail, lead gooseneck, or | |
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| 34 | + | 1 (2) Lead service lines can convey this harmful | |
| 35 | + | 2 substance to the drinking water supply. | |
| 36 | + | 3 (3) According to the Illinois Environmental Protection | |
| 37 | + | 4 Agency's 2018 Service Line Material Inventory, the State | |
| 38 | + | 5 of Illinois is estimated to have over 680,000 lead-based | |
| 39 | + | 6 service lines still in operation. | |
| 40 | + | 7 (4) The true number of lead service lines is not fully | |
| 41 | + | 8 known because Illinois lacks an adequate inventory of lead | |
| 42 | + | 9 service lines. | |
| 43 | + | 10 (5) For the general health, safety and welfare of its | |
| 44 | + | 11 residents, all lead service lines in Illinois should be | |
| 45 | + | 12 disconnected from the drinking water supply, and the | |
| 46 | + | 13 State's drinking water supply. | |
| 47 | + | 14 (c) In this Section: | |
| 48 | + | 15 "Advisory Board" means the Lead Service Line Replacement | |
| 49 | + | 16 Advisory Board created under subsection (x). | |
| 50 | + | 17 "Community water supply" has the meaning ascribed to it in | |
| 51 | + | 18 Section 3.145 of this Act. | |
| 52 | + | 19 "Department" means the Department of Public Health. | |
| 53 | + | 20 "Emergency repair" means any unscheduled water main, water | |
| 54 | + | 21 service, or water valve repair or replacement that results | |
| 55 | + | 22 from failure or accident. | |
| 56 | + | 23 "Fund" means the Lead Service Line Replacement Fund | |
| 57 | + | 24 created under subsection (bb). | |
| 58 | + | 25 "Lead service line" means a service line made of lead or | |
| 59 | + | 26 service line connected to a lead pigtail, lead gooseneck, or | |
| 59 | 60 | ||
| 60 | 61 | ||
| 61 | - | other lead fitting. | |
| 62 | - | "Material inventory" means a water service line material | |
| 63 | - | inventory developed by a community water supply under this | |
| 64 | - | Act. | |
| 65 | - | "Non-community water supply" has the meaning ascribed to | |
| 66 | - | it in Section 3.145 of the Environmental Protection Act. | |
| 67 | - | "NSF/ANSI Standard" means a water treatment standard | |
| 68 | - | developed by NSF International. | |
| 69 | - | "Partial lead service line replacement" means replacement | |
| 70 | - | of only a portion of a lead service line. | |
| 71 | - | "Potentially affected building" means any building that is | |
| 72 | - | provided water service through a service line that is either a | |
| 73 | - | lead service line or a suspected lead service line. | |
| 74 | - | "Public water supply" has the meaning ascribed to it in | |
| 75 | - | Section 3.365 of this Act. | |
| 76 | - | "Service line" means the piping, tubing, and necessary | |
| 77 | - | appurtenances acting as a conduit from the water main or | |
| 78 | - | source of potable water supply to the building plumbing at the | |
| 79 | - | first shut-off valve or 18 inches inside the building, | |
| 80 | - | whichever is shorter. | |
| 81 | - | "Suspected lead service line" means a service line that a | |
| 82 | - | community water supply finds more likely than not to be made of | |
| 83 | - | lead after completing the requirements under paragraphs (2) | |
| 84 | - | through (5) of subsection (h). | |
| 85 | - | "Small system" means a community water supply that | |
| 86 | - | regularly serves water to 3,300 or fewer persons. | |
| 87 | 62 | ||
| 88 | 63 | ||
| 89 | - | (d) An owner or operator of a community water supply | |
| 90 | - | shall: | |
| 91 | - | (1) develop an initial material inventory by April 15, | |
| 92 | - | 2022 and electronically submit by April 15, 2023 an | |
| 93 | - | updated material inventory electronically to the Agency; | |
| 94 | - | and | |
| 95 | - | (2) deliver a complete material inventory to the | |
| 96 | - | Agency no later than April 15, 2024, or such time as | |
| 97 | - | required by federal law, whichever is sooner. The complete | |
| 98 | - | inventory shall report the composition of all service | |
| 99 | - | lines in the community water supply's distribution system. | |
| 100 | - | (e) The Agency shall review and approve the final material | |
| 101 | - | inventory submitted to it under subsection (d). | |
| 102 | - | (f) If a community water supply does not submit a complete | |
| 103 | - | inventory to the Agency by April 15, 2024 under paragraph (2) | |
| 104 | - | of subsection (d), the community water supply may apply for an | |
| 105 | - | extension to the Agency no less than 3 months prior to the due | |
| 106 | - | date. The Agency shall develop criteria for granting material | |
| 107 | - | inventory extensions. When considering requests for extension, | |
| 108 | - | the Agency shall, at a minimum, consider: | |
| 109 | - | (1) the number of service connections in a water | |
| 110 | - | supply; and | |
| 111 | - | (2) the number of service lines of an unknown material | |
| 112 | - | composition. | |
| 113 | - | (g) A material inventory prepared for a community water | |
| 114 | - | supply under subsection (d) shall identify: | |
| 64 | + | ||
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| 115 | 66 | ||
| 116 | 67 | ||
| 117 | - | (1) the total number of service lines connected to the | |
| 118 | - | community water supply's distribution system; | |
| 119 | - | (2) the materials of construction of each service line | |
| 120 | - | connected to the community water supply's distribution | |
| 121 | - | system; | |
| 122 | - | (3) the number of suspected lead service lines that | |
| 123 | - | were newly identified in the material inventory for the | |
| 124 | - | community water supply after the community water supply | |
| 125 | - | last submitted a service line inventory to the Agency; and | |
| 126 | - | (4) the number of suspected or known lead service | |
| 127 | - | lines that were replaced after the community water supply | |
| 128 | - | last submitted a service line inventory to the Agency, and | |
| 129 | - | the material of the service line that replaced each lead | |
| 130 | - | service line. | |
| 131 | - | When identifying the materials of construction under | |
| 132 | - | paragraph (2) of this subsection, the owner or operator of the | |
| 133 | - | community water supply shall to the best of the owner's or | |
| 134 | - | operator's ability identify the type of construction material | |
| 135 | - | used on the customer's side of the curb box, meter, or other | |
| 136 | - | line of demarcation and the community water supply's side of | |
| 137 | - | the curb box, meter, or other line of demarcation. | |
| 138 | - | (h) In completing a material inventory under subsection | |
| 139 | - | (d), the owner or operator of a community water supply shall: | |
| 140 | - | (1) prioritize inspections of high-risk areas | |
| 141 | - | identified by the community water supply and inspections | |
| 142 | - | of high-risk facilities, such as preschools, day care | |
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| 70 | + | 1 other lead fitting. | |
| 71 | + | 2 "Material inventory" means a water service line material | |
| 72 | + | 3 inventory developed by a community water supply under this | |
| 73 | + | 4 Act. | |
| 74 | + | 5 "Non-community water supply" has the meaning ascribed to | |
| 75 | + | 6 it in Section 3.145 of the Environmental Protection Act. | |
| 76 | + | 7 "NSF/ANSI Standard" means a water treatment standard | |
| 77 | + | 8 developed by NSF International. | |
| 78 | + | 9 "Partial lead service line replacement" means replacement | |
| 79 | + | 10 of only a portion of a lead service line. | |
| 80 | + | 11 "Potentially affected building" means any building that is | |
| 81 | + | 12 provided water service through a service line that is either a | |
| 82 | + | 13 lead service line or a suspected lead service line. | |
| 83 | + | 14 "Public water supply" has the meaning ascribed to it in | |
| 84 | + | 15 Section 3.365 of this Act. | |
| 85 | + | 16 "Service line" means the piping, tubing, and necessary | |
| 86 | + | 17 appurtenances acting as a conduit from the water main or | |
| 87 | + | 18 source of potable water supply to the building plumbing at the | |
| 88 | + | 19 first shut-off valve or 18 inches inside the building, | |
| 89 | + | 20 whichever is shorter. | |
| 90 | + | 21 "Suspected lead service line" means a service line that a | |
| 91 | + | 22 community water supply finds more likely than not to be made of | |
| 92 | + | 23 lead after completing the requirements under paragraphs (2) | |
| 93 | + | 24 through (5) of subsection (h). | |
| 94 | + | 25 "Small system" means a community water supply that | |
| 95 | + | 26 regularly serves water to 3,300 or fewer persons. | |
| 143 | 96 | ||
| 144 | 97 | ||
| 145 | - | centers, day care homes, group day care homes, parks, | |
| 146 | - | playgrounds, hospitals, and clinics, and confirm service | |
| 147 | - | line materials in those areas and at those facilities; | |
| 148 | - | (2) review historical documentation, such as | |
| 149 | - | construction logs or cards, as-built drawings, purchase | |
| 150 | - | orders, and subdivision plans, to determine service line | |
| 151 | - | material construction; | |
| 152 | - | (3) when conducting distribution system maintenance, | |
| 153 | - | visually inspect service lines and document materials of | |
| 154 | - | construction; | |
| 155 | - | (4) identify any time period when the service lines | |
| 156 | - | being connected to its distribution system were primarily | |
| 157 | - | lead service lines, if such a time period is known or | |
| 158 | - | suspected; and | |
| 159 | - | (5) discuss service line repair and installation with | |
| 160 | - | its employees, contractors, plumbers, other workers who | |
| 161 | - | worked on service lines connected to its distribution | |
| 162 | - | system, or all of the above. | |
| 163 | - | (i) The owner or operator of each community water supply | |
| 164 | - | shall maintain records of persons who refuse to grant access | |
| 165 | - | to the interior of a building for purposes of identifying the | |
| 166 | - | materials of construction of a service line. If a community | |
| 167 | - | water supply has been denied access on the property or to the | |
| 168 | - | interior of a building for that reason, then the community | |
| 169 | - | water supply shall attempt to identify the service line as a | |
| 170 | - | suspected lead service line, unless documentation is provided | |
| 171 | 98 | ||
| 172 | 99 | ||
| 173 | - | showing otherwise. | |
| 174 | - | (j) If a community water supply identifies a lead service | |
| 175 | - | line connected to a building, the owner or operator of the | |
| 176 | - | community water supply shall attempt to notify the owner of | |
| 177 | - | the building and all occupants of the building of the | |
| 178 | - | existence of the lead service line within 15 days after | |
| 179 | - | identifying the lead service line, or as soon as is reasonably | |
| 180 | - | possible thereafter. Individual written notice shall be given | |
| 181 | - | according to the provisions of subsection (jj). | |
| 182 | - | (k) An owner or operator of a community water supply has no | |
| 183 | - | duty to include in the material inventory required under | |
| 184 | - | subsection (d) information about service lines that are | |
| 185 | - | physically disconnected from a water main in its distribution | |
| 186 | - | system. | |
| 187 | - | (l) The owner or operator of each community water supply | |
| 188 | - | shall post on its website a copy of the most recently submitted | |
| 189 | - | material inventory or alternatively may request that the | |
| 190 | - | Agency post a copy of that material inventory on the Agency's | |
| 191 | - | website. | |
| 192 | - | (m) Nothing in this Section shall be construed to require | |
| 193 | - | service lines to be unearthed for the sole purpose of | |
| 194 | - | inventorying. | |
| 195 | - | (n) When an owner or operator of a community water supply | |
| 196 | - | awards a contract under this Section, the owner or operator | |
| 197 | - | shall make a good faith effort to use contractors and vendors | |
| 198 | - | owned by minority persons, women, and persons with a | |
| 100 | + | ||
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| 199 | 102 | ||
| 200 | 103 | ||
| 201 | - | disability, as those terms are defined in Section 2 of the | |
| 202 | - | Business Enterprise for Minorities, Women, and Persons with | |
| 203 | - | Disabilities Act, for not less than 20% of the total | |
| 204 | - | contracts, provided that: | |
| 205 | - | (1) contracts representing at least 11% of the total | |
| 206 | - | projects shall be awarded to minority-owned businesses, as | |
| 207 | - | defined in Section 2 of the Business Enterprise for | |
| 208 | - | Minorities, Women, and Persons with Disabilities Act; | |
| 209 | - | (2) contracts representing at least 7% of the total | |
| 210 | - | projects shall be awarded to women-owned businesses, as | |
| 211 | - | defined in Section 2 of the Business Enterprise for | |
| 212 | - | Minorities, Women, and Persons with Disabilities Act; and | |
| 213 | - | (3) contracts representing at least 2% of the total | |
| 214 | - | projects shall be awarded to businesses owned by persons | |
| 215 | - | with a disability. | |
| 216 | - | Owners or operators of a community water supply are | |
| 217 | - | encouraged to divide projects, whenever economically feasible, | |
| 218 | - | into contracts of smaller size that ensure small business | |
| 219 | - | contractors or vendors shall have the ability to qualify in | |
| 220 | - | the applicable bidding process, when determining the ability | |
| 221 | - | to deliver on a given contract based on scope and size, as a | |
| 222 | - | responsible and responsive bidder. | |
| 223 | - | When a contractor or vendor submits a bid or letter of | |
| 224 | - | intent in response to a request for proposal or other bid | |
| 225 | - | submission, the contractor or vendor shall include with its | |
| 226 | - | responsive documents a utilization plan that shall address how | |
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| 106 | + | 1 (d) An owner or operator of a community water supply | |
| 107 | + | 2 shall: | |
| 108 | + | 3 (1) develop an initial material inventory by April 15, | |
| 109 | + | 4 2022 and electronically submit by April 15, 2023 an | |
| 110 | + | 5 updated material inventory electronically to the Agency; | |
| 111 | + | 6 and | |
| 112 | + | 7 (2) deliver a complete material inventory to the | |
| 113 | + | 8 Agency no later than April 15, 2024, or such time as | |
| 114 | + | 9 required by federal law, whichever is sooner. The complete | |
| 115 | + | 10 inventory shall report the composition of all service | |
| 116 | + | 11 lines in the community water supply's distribution system. | |
| 117 | + | 12 (e) The Agency shall review and approve the final material | |
| 118 | + | 13 inventory submitted to it under subsection (d). | |
| 119 | + | 14 (f) If a community water supply does not submit a complete | |
| 120 | + | 15 inventory to the Agency by April 15, 2024 under paragraph (2) | |
| 121 | + | 16 of subsection (d), the community water supply may apply for an | |
| 122 | + | 17 extension to the Agency no less than 3 months prior to the due | |
| 123 | + | 18 date. The Agency shall develop criteria for granting material | |
| 124 | + | 19 inventory extensions. When considering requests for extension, | |
| 125 | + | 20 the Agency shall, at a minimum, consider: | |
| 126 | + | 21 (1) the number of service connections in a water | |
| 127 | + | 22 supply; and | |
| 128 | + | 23 (2) the number of service lines of an unknown material | |
| 129 | + | 24 composition. | |
| 130 | + | 25 (g) A material inventory prepared for a community water | |
| 131 | + | 26 supply under subsection (d) shall identify: | |
| 227 | 132 | ||
| 228 | 133 | ||
| 229 | - | compliance with applicable good faith requirements set forth | |
| 230 | - | in this subsection shall be addressed. | |
| 231 | - | Under this subsection, "good faith effort" means a | |
| 232 | - | community water supply has taken all necessary steps to comply | |
| 233 | - | with the goals of this subsection by complying with the | |
| 234 | - | following: | |
| 235 | - | (1) Soliciting through reasonable and available means | |
| 236 | - | the interest of a business, as defined in Section 2 of the | |
| 237 | - | Business Enterprise for Minorities, Women, and Persons | |
| 238 | - | with Disabilities Act, that have the capability to perform | |
| 239 | - | the work of the contract. The community water supply must | |
| 240 | - | solicit this interest within sufficient time to allow | |
| 241 | - | certified businesses to respond. | |
| 242 | - | (2) Providing interested certified businesses with | |
| 243 | - | adequate information about the plans, specifications, and | |
| 244 | - | requirements of the contract, including addenda, in a | |
| 245 | - | timely manner to assist them in responding to the | |
| 246 | - | solicitation. | |
| 247 | - | (3) Meeting in good faith with interested certified | |
| 248 | - | businesses that have submitted bids. | |
| 249 | - | (4) Effectively using the services of the State, | |
| 250 | - | minority or women community organizations, minority or | |
| 251 | - | women contractor groups, local, State, and federal | |
| 252 | - | minority or women business assistance offices, and other | |
| 253 | - | organizations to provide assistance in the recruitment and | |
| 254 | - | placement of certified businesses. | |
| 255 | 134 | ||
| 256 | 135 | ||
| 257 | - | (5) Making efforts to use appropriate forums for | |
| 258 | - | purposes of advertising subcontracting opportunities | |
| 259 | - | suitable for certified businesses. | |
| 260 | - | The diversity goals defined in this subsection can be met | |
| 261 | - | through direct award to diverse contractors and through the | |
| 262 | - | use of diverse subcontractors and diverse vendors to | |
| 263 | - | contracts. | |
| 264 | - | (o) An owner or operator of a community water supply shall | |
| 265 | - | collect data necessary to ensure compliance with subsection | |
| 266 | - | (n) no less than semi-annually and shall include progress | |
| 267 | - | toward compliance of subsection (n) in the owner or operator's | |
| 268 | - | report required under subsection (t-5). The report must | |
| 269 | - | include data on vendor and employee diversity, including data | |
| 270 | - | on the owner's or operator's implementation of subsection (n). | |
| 271 | - | (p) Every owner or operator of a community water supply | |
| 272 | - | that has known or suspected lead service lines shall: | |
| 273 | - | (1) create a plan to: | |
| 274 | - | (A) replace each lead service line connected to | |
| 275 | - | its distribution system; and | |
| 276 | - | (B) replace each galvanized service line connected | |
| 277 | - | to its distribution system, if the galvanized service | |
| 278 | - | line is or was connected downstream to lead piping; | |
| 279 | - | and | |
| 280 | - | (2) electronically submit, by April 15, 2024 its | |
| 281 | - | initial lead service line replacement plan to the Agency; | |
| 282 | - | (3) electronically submit by April 15 of each year | |
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| 283 | 138 | ||
| 284 | 139 | ||
| 285 | - | after 2024 until April 15, 2027 an updated lead service | |
| 286 | - | line replacement plan to the Agency for review; the | |
| 287 | - | updated replacement plan shall account for changes in the | |
| 288 | - | number of lead service lines or unknown service lines in | |
| 289 | - | the material inventory described in subsection (d); | |
| 290 | - | (4) electronically submit by April 15, 2027 a complete | |
| 291 | - | and final replacement plan to the Agency for approval; the | |
| 292 | - | complete and final replacement plan shall account for all | |
| 293 | - | known and suspected lead service lines documented in the | |
| 294 | - | final material inventory described under paragraph (3) of | |
| 295 | - | subsection (d); and | |
| 296 | - | (5) post on its website a copy of the plan most | |
| 297 | - | recently submitted to the Agency or may request that the | |
| 298 | - | Agency post a copy of that plan on the Agency's website. | |
| 299 | - | (q) Each plan required under paragraph (1) of subsection | |
| 300 | - | (p) shall include the following: | |
| 301 | - | (1) the name and identification number of the | |
| 302 | - | community water supply; | |
| 303 | - | (2) the total number of service lines connected to the | |
| 304 | - | distribution system of the community water supply; | |
| 305 | - | (3) the total number of suspected lead service lines | |
| 306 | - | connected to the distribution system of the community | |
| 307 | - | water supply; | |
| 308 | - | (4) the total number of known lead service lines | |
| 309 | - | connected to the distribution system of the community | |
| 310 | - | water supply; | |
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| 142 | + | 1 (1) the total number of service lines connected to the | |
| 143 | + | 2 community water supply's distribution system; | |
| 144 | + | 3 (2) the materials of construction of each service line | |
| 145 | + | 4 connected to the community water supply's distribution | |
| 146 | + | 5 system; | |
| 147 | + | 6 (3) the number of suspected lead service lines that | |
| 148 | + | 7 were newly identified in the material inventory for the | |
| 149 | + | 8 community water supply after the community water supply | |
| 150 | + | 9 last submitted a service line inventory to the Agency; and | |
| 151 | + | 10 (4) the number of suspected or known lead service | |
| 152 | + | 11 lines that were replaced after the community water supply | |
| 153 | + | 12 last submitted a service line inventory to the Agency, and | |
| 154 | + | 13 the material of the service line that replaced each lead | |
| 155 | + | 14 service line. | |
| 156 | + | 15 When identifying the materials of construction under | |
| 157 | + | 16 paragraph (2) of this subsection, the owner or operator of the | |
| 158 | + | 17 community water supply shall to the best of the owner's or | |
| 159 | + | 18 operator's ability identify the type of construction material | |
| 160 | + | 19 used on the customer's side of the curb box, meter, or other | |
| 161 | + | 20 line of demarcation and the community water supply's side of | |
| 162 | + | 21 the curb box, meter, or other line of demarcation. | |
| 163 | + | 22 (h) In completing a material inventory under subsection | |
| 164 | + | 23 (d), the owner or operator of a community water supply shall: | |
| 165 | + | 24 (1) prioritize inspections of high-risk areas | |
| 166 | + | 25 identified by the community water supply and inspections | |
| 167 | + | 26 of high-risk facilities, such as preschools, day care | |
| 311 | 168 | ||
| 312 | 169 | ||
| 313 | - | (5) the total number of lead service lines connected | |
| 314 | - | to the distribution system of the community water supply | |
| 315 | - | that have been replaced each year beginning in 2020; | |
| 316 | - | (6) a proposed lead service line replacement schedule | |
| 317 | - | that includes one-year, 5-year, 10-year, 15-year, 20-year, | |
| 318 | - | 25-year, and 30-year goals; | |
| 319 | - | (7) an analysis of costs and financing options for | |
| 320 | - | replacing the lead service lines connected to the | |
| 321 | - | community water supply's distribution system, which shall | |
| 322 | - | include, but shall not be limited to: | |
| 323 | - | (A) a detailed accounting of costs associated with | |
| 324 | - | replacing lead service lines and galvanized lines that | |
| 325 | - | are or were connected downstream to lead piping; | |
| 326 | - | (B) measures to address affordability and prevent | |
| 327 | - | service shut-offs for customers or ratepayers; and | |
| 328 | - | (C) consideration of different scenarios for | |
| 329 | - | structuring payments between the utility and its | |
| 330 | - | customers over time; and | |
| 331 | - | (8) a plan for prioritizing high-risk facilities, such | |
| 332 | - | as preschools, day care centers, day care homes, group day | |
| 333 | - | care homes, parks, playgrounds, hospitals, and clinics, as | |
| 334 | - | well as high-risk areas identified by the community water | |
| 335 | - | supply; | |
| 336 | - | (9) a map of the areas where lead service lines are | |
| 337 | - | expected to be found and the sequence with which those | |
| 338 | - | areas will be inventoried and lead service lines replaced; | |
| 339 | 170 | ||
| 340 | 171 | ||
| 341 | - | (10) measures for how the community water supply will | |
| 342 | - | inform the public of the plan and provide opportunity for | |
| 343 | - | public comment; and | |
| 344 | - | (11) measures to encourage diversity in hiring in the | |
| 345 | - | workforce required to implement the plan as identified | |
| 346 | - | under subsection (n). | |
| 347 | - | (r) The Agency shall review final plans submitted to it | |
| 348 | - | under subsection (p). The Agency shall approve a final plan if | |
| 349 | - | the final plan includes all of the elements set forth under | |
| 350 | - | subsection (q) and the Agency determines that: | |
| 351 | - | (1) the proposed lead service line replacement | |
| 352 | - | schedule set forth in the plan aligns with the timeline | |
| 353 | - | requirements set forth under subsection (v); | |
| 354 | - | (2) the plan prioritizes the replacement of lead | |
| 355 | - | service lines that provide water service to high-risk | |
| 356 | - | facilities, such as preschools, day care centers, day care | |
| 357 | - | homes, group day care homes, parks, playgrounds, | |
| 358 | - | hospitals, and clinics, and high-risk areas identified by | |
| 359 | - | the community water supply; | |
| 360 | - | (3) the plan includes analysis of cost and financing | |
| 361 | - | options; and | |
| 362 | - | (4) the plan provides documentation of public review. | |
| 363 | - | (s) An owner or operator of a community water supply has no | |
| 364 | - | duty to include in the plans required under subsection (p) | |
| 365 | - | information about service lines that are physically | |
| 366 | - | disconnected from a water main in its distribution system. | |
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| 367 | 174 | ||
| 368 | 175 | ||
| 369 | - | (t) If a community water supply does not deliver a | |
| 370 | - | complete plan to the Agency by April 15, 2027, the community | |
| 371 | - | water supply may apply to the Agency for an extension no less | |
| 372 | - | than 3 months prior to the due date. The Agency shall develop | |
| 373 | - | criteria for granting plan extensions. When considering | |
| 374 | - | requests for extension, the Agency shall, at a minimum, | |
| 375 | - | consider: | |
| 376 | - | (1) the number of service connections in a water | |
| 377 | - | supply; and | |
| 378 | - | (2) the number of service lines of an unknown material | |
| 379 | - | composition. | |
| 380 | - | (t-5) After the Agency has approved the final replacement | |
| 381 | - | plan described in subsection (p), the owner or operator of a | |
| 382 | - | community water supply shall submit a report detailing | |
| 383 | - | progress toward plan goals to the Agency for its review. The | |
| 384 | - | report shall be submitted annually for the first 10 years, and | |
| 385 | - | every 3 years thereafter until all lead service lines have | |
| 386 | - | been replaced. Reports under this subsection shall be | |
| 387 | - | published in the same manner described in subsection (l). The | |
| 388 | - | report shall include at least the following information as it | |
| 389 | - | pertains to the preceding reporting period: | |
| 390 | - | (1) The number of lead service lines replaced and the | |
| 391 | - | average cost of lead service line replacement. | |
| 392 | - | (2) Progress toward meeting hiring requirements as | |
| 393 | - | described in subsection (n) and subsection (o). | |
| 394 | - | (3) The percent of customers electing a waiver | |
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| 178 | + | 1 centers, day care homes, group day care homes, parks, | |
| 179 | + | 2 playgrounds, hospitals, and clinics, and confirm service | |
| 180 | + | 3 line materials in those areas and at those facilities; | |
| 181 | + | 4 (2) review historical documentation, such as | |
| 182 | + | 5 construction logs or cards, as-built drawings, purchase | |
| 183 | + | 6 orders, and subdivision plans, to determine service line | |
| 184 | + | 7 material construction; | |
| 185 | + | 8 (3) when conducting distribution system maintenance, | |
| 186 | + | 9 visually inspect service lines and document materials of | |
| 187 | + | 10 construction; | |
| 188 | + | 11 (4) identify any time period when the service lines | |
| 189 | + | 12 being connected to its distribution system were primarily | |
| 190 | + | 13 lead service lines, if such a time period is known or | |
| 191 | + | 14 suspected; and | |
| 192 | + | 15 (5) discuss service line repair and installation with | |
| 193 | + | 16 its employees, contractors, plumbers, other workers who | |
| 194 | + | 17 worked on service lines connected to its distribution | |
| 195 | + | 18 system, or all of the above. | |
| 196 | + | 19 (i) The owner or operator of each community water supply | |
| 197 | + | 20 shall maintain records of persons who refuse to grant access | |
| 198 | + | 21 to the interior of a building for purposes of identifying the | |
| 199 | + | 22 materials of construction of a service line. If a community | |
| 200 | + | 23 water supply has been denied access on the property or to the | |
| 201 | + | 24 interior of a building for that reason, then the community | |
| 202 | + | 25 water supply shall attempt to identify the service line as a | |
| 203 | + | 26 suspected lead service line, unless documentation is provided | |
| 395 | 204 | ||
| 396 | 205 | ||
| 397 | - | offered, as described in subsections (ii) and (jj), among | |
| 398 | - | those customers receiving a request or notification to | |
| 399 | - | perform a lead service line replacement. | |
| 400 | - | (4) The method or methods used by the community water | |
| 401 | - | supply to finance lead service line replacement. | |
| 402 | - | (u) Notwithstanding any other provision of law, in order | |
| 403 | - | to provide for costs associated with lead service line | |
| 404 | - | remediation and replacement, the corporate authorities of a | |
| 405 | - | municipality may, by ordinance or resolution by the corporate | |
| 406 | - | authorities, exercise authority provided in Section 27-5 et | |
| 407 | - | seq. of the Property Tax Code and Sections 8-3-1, 8-11-1, | |
| 408 | - | 8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq., | |
| 409 | - | 11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes | |
| 410 | - | levied for this purpose shall be in addition to taxes for | |
| 411 | - | general purposes authorized under Section 8-3-1 of the | |
| 412 | - | Illinois Municipal Code and shall be included in the taxing | |
| 413 | - | district's aggregate extension for the purposes of Division 5 | |
| 414 | - | of Article 18 of the Property Tax Code. | |
| 415 | - | (v) Every owner or operator of a community water supply | |
| 416 | - | shall replace all known lead service lines, subject to the | |
| 417 | - | requirements of subsection (ff), according to the following | |
| 418 | - | replacement rates and timelines to be calculated from the date | |
| 419 | - | of submission of the final replacement plan to the Agency: | |
| 420 | - | (1) A community water supply reporting 1,200 or fewer | |
| 421 | - | lead service lines in its final inventory and replacement | |
| 422 | - | plan shall replace all lead service lines, at an annual | |
| 423 | 206 | ||
| 424 | 207 | ||
| 425 | - | rate of no less than 7% of the amount described in the | |
| 426 | - | final inventory, with a timeline of up to 15 years for | |
| 427 | - | completion. | |
| 428 | - | (2) A community water supply reporting more than 1,200 | |
| 429 | - | but fewer than 5,000 lead service lines in its final | |
| 430 | - | inventory and replacement plan shall replace all lead | |
| 431 | - | service lines, at an annual rate of no less than 6% of the | |
| 432 | - | amount described in the final inventory, with a timeline | |
| 433 | - | of up to 17 years for completion. | |
| 434 | - | (3) A community water supply reporting more than 4,999 | |
| 435 | - | but fewer than 10,000 lead service lines in its final | |
| 436 | - | inventory and replacement plan shall replace all lead | |
| 437 | - | service lines, at an annual rate of no less than 5% of the | |
| 438 | - | amount described in the final inventory, with a timeline | |
| 439 | - | of up to 20 years for completion. | |
| 440 | - | (4) A community water supply reporting more than 9,999 | |
| 441 | - | but fewer than 99,999 lead service lines in its final | |
| 442 | - | inventory and replacement plan shall replace all lead | |
| 443 | - | service lines, at an annual rate of no less than 3% of the | |
| 444 | - | amount described in the final inventory, with a timeline | |
| 445 | - | of up to 34 years for completion. | |
| 446 | - | (5) A community water supply reporting more than | |
| 447 | - | 99,999 lead service lines in its final inventory and | |
| 448 | - | replacement plan shall replace all lead service lines, at | |
| 449 | - | an annual rate of no less than 2% of the amount described | |
| 450 | - | in the final inventory, with a timeline of up to 50 years | |
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| 451 | 210 | ||
| 452 | 211 | ||
| 453 | - | for completion. | |
| 454 | - | (w) A community water supply may apply to the Agency for an | |
| 455 | - | extension to the replacement timelines described in paragraphs | |
| 456 | - | (1) through (5) of subsection (v). The Agency shall develop | |
| 457 | - | criteria for granting replacement timeline extensions. When | |
| 458 | - | considering requests for timeline extensions, the Agency | |
| 459 | - | shall, at a minimum, consider: | |
| 460 | - | (1) the number of service connections in a water | |
| 461 | - | supply; and | |
| 462 | - | (2) unusual circumstances creating hardship for a | |
| 463 | - | community. | |
| 464 | - | The Agency may grant one extension of additional time | |
| 465 | - | equal to not more than 20% of the original replacement | |
| 466 | - | timeline, except in situations of extreme hardship in which | |
| 467 | - | the Agency may consider a second additional extension equal to | |
| 468 | - | not more than 10% of the original replacement timeline. | |
| 469 | - | Replacement rates and timelines shall be calculated from | |
| 470 | - | the date of submission of the final plan to the Agency. | |
| 471 | - | (x) The Lead Service Line Replacement Advisory Board is | |
| 472 | - | created within the Agency. The Advisory Board shall convene | |
| 473 | - | within 120 days after January 1, 2022 (the effective date of | |
| 474 | - | Public Act 102-613). | |
| 475 | - | The Advisory Board shall consist of at least 28 voting | |
| 476 | - | members, as follows: | |
| 477 | - | (1) the Director of the Agency, or his or her | |
| 478 | - | designee, who shall serve as chairperson; | |
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| 214 | + | 1 showing otherwise. | |
| 215 | + | 2 (j) If a community water supply identifies a lead service | |
| 216 | + | 3 line connected to a building, the owner or operator of the | |
| 217 | + | 4 community water supply shall attempt to notify the owner of | |
| 218 | + | 5 the building and all occupants of the building of the | |
| 219 | + | 6 existence of the lead service line within 15 days after | |
| 220 | + | 7 identifying the lead service line, or as soon as is reasonably | |
| 221 | + | 8 possible thereafter. Individual written notice shall be given | |
| 222 | + | 9 according to the provisions of subsection (jj). | |
| 223 | + | 10 (k) An owner or operator of a community water supply has no | |
| 224 | + | 11 duty to include in the material inventory required under | |
| 225 | + | 12 subsection (d) information about service lines that are | |
| 226 | + | 13 physically disconnected from a water main in its distribution | |
| 227 | + | 14 system. | |
| 228 | + | 15 (l) The owner or operator of each community water supply | |
| 229 | + | 16 shall post on its website a copy of the most recently submitted | |
| 230 | + | 17 material inventory or alternatively may request that the | |
| 231 | + | 18 Agency post a copy of that material inventory on the Agency's | |
| 232 | + | 19 website. | |
| 233 | + | 20 (m) Nothing in this Section shall be construed to require | |
| 234 | + | 21 service lines to be unearthed for the sole purpose of | |
| 235 | + | 22 inventorying. | |
| 236 | + | 23 (n) When an owner or operator of a community water supply | |
| 237 | + | 24 awards a contract under this Section, the owner or operator | |
| 238 | + | 25 shall make a good faith effort to use contractors and vendors | |
| 239 | + | 26 owned by minority persons, women, and persons with a | |
| 479 | 240 | ||
| 480 | 241 | ||
| 481 | - | (2) the Director of Revenue, or his or her designee; | |
| 482 | - | (3) the Director of Public Health, or his or her | |
| 483 | - | designee; | |
| 484 | - | (4) fifteen members appointed by the Agency as | |
| 485 | - | follows: | |
| 486 | - | (A) one member representing a statewide | |
| 487 | - | organization of municipalities as authorized by | |
| 488 | - | Section 1-8-1 of the Illinois Municipal Code; | |
| 489 | - | (B) two members who are mayors representing | |
| 490 | - | municipalities located in any county south of the | |
| 491 | - | southernmost county represented by one of the 10 | |
| 492 | - | largest municipalities in Illinois by population, or | |
| 493 | - | their respective designees; | |
| 494 | - | (C) two members who are representatives from | |
| 495 | - | public health advocacy groups; | |
| 496 | - | (D) two members who are representatives from | |
| 497 | - | publicly-owned water utilities; | |
| 498 | - | (E) one member who is a representative from a | |
| 499 | - | public utility as defined under Section 3-105 of the | |
| 500 | - | Public Utilities Act that provides water service in | |
| 501 | - | the State of Illinois; | |
| 502 | - | (F) one member who is a research professional | |
| 503 | - | employed at an Illinois academic institution and | |
| 504 | - | specializing in water infrastructure research; | |
| 505 | - | (G) two members who are representatives from | |
| 506 | - | nonprofit civic organizations; | |
| 507 | 242 | ||
| 508 | 243 | ||
| 509 | - | (H) one member who is a representative from a | |
| 510 | - | statewide organization representing environmental | |
| 511 | - | organizations; | |
| 512 | - | (I) two members who are representatives from | |
| 513 | - | organized labor; and | |
| 514 | - | (J) one member representing an environmental | |
| 515 | - | justice organization; and | |
| 516 | - | (5) ten members who are the mayors of the 10 largest | |
| 517 | - | municipalities in Illinois by population, or their | |
| 518 | - | respective designees. | |
| 519 | - | No less than 10 of the 28 voting members shall be persons | |
| 520 | - | of color, and no less than 3 shall represent communities | |
| 521 | - | defined or self-identified as environmental justice | |
| 522 | - | communities. | |
| 523 | - | Advisory Board members shall serve without compensation, | |
| 524 | - | but may be reimbursed for necessary expenses incurred in the | |
| 525 | - | performance of their duties from funds appropriated for that | |
| 526 | - | purpose. The Agency shall provide administrative support to | |
| 527 | - | the Advisory Board. | |
| 528 | - | The Advisory Board shall meet no less than once every 6 | |
| 529 | - | months. | |
| 530 | - | (y) The Advisory Board shall have, at a minimum, the | |
| 531 | - | following duties: | |
| 532 | - | (1) advising the Agency on best practices in lead | |
| 533 | - | service line replacement; | |
| 534 | - | (2) reviewing the progress of community water supplies | |
| 244 | + | ||
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| 535 | 246 | ||
| 536 | 247 | ||
| 537 | - | toward lead service line replacement goals; | |
| 538 | - | (3) advising the Agency on other matters related to | |
| 539 | - | the administration of the provisions of this Section; | |
| 540 | - | (4) advising the Agency on the integration of existing | |
| 541 | - | lead service line replacement plans with any statewide | |
| 542 | - | plan; and | |
| 543 | - | (5) providing technical support and practical | |
| 544 | - | expertise in general. | |
| 545 | - | (z) Within 18 months after January 1, 2022 (the effective | |
| 546 | - | date of Public Act 102-613), the Advisory Board shall deliver | |
| 547 | - | a report of its recommendations to the Governor and the | |
| 548 | - | General Assembly concerning opportunities for dedicated, | |
| 549 | - | long-term revenue options for funding lead service line | |
| 550 | - | replacement. In submitting recommendations, the Advisory Board | |
| 551 | - | shall consider, at a minimum, the following: | |
| 552 | - | (1) the sufficiency of various revenue sources to | |
| 553 | - | adequately fund replacement of all lead service lines in | |
| 554 | - | Illinois; | |
| 555 | - | (2) the financial burden, if any, on households | |
| 556 | - | falling below 150% of the federal poverty limit; | |
| 557 | - | (3) revenue options that guarantee low-income | |
| 558 | - | households are protected from rate increases; | |
| 559 | - | (4) an assessment of the ability of community water | |
| 560 | - | supplies to assess and collect revenue; | |
| 561 | - | (5) variations in financial resources among individual | |
| 562 | - | households within a service area; and | |
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| 250 | + | 1 disability, as those terms are defined in Section 2 of the | |
| 251 | + | 2 Business Enterprise for Minorities, Women, and Persons with | |
| 252 | + | 3 Disabilities Act, for not less than 20% of the total | |
| 253 | + | 4 contracts, provided that: | |
| 254 | + | 5 (1) contracts representing at least 11% of the total | |
| 255 | + | 6 projects shall be awarded to minority-owned businesses, as | |
| 256 | + | 7 defined in Section 2 of the Business Enterprise for | |
| 257 | + | 8 Minorities, Women, and Persons with Disabilities Act; | |
| 258 | + | 9 (2) contracts representing at least 7% of the total | |
| 259 | + | 10 projects shall be awarded to women-owned businesses, as | |
| 260 | + | 11 defined in Section 2 of the Business Enterprise for | |
| 261 | + | 12 Minorities, Women, and Persons with Disabilities Act; and | |
| 262 | + | 13 (3) contracts representing at least 2% of the total | |
| 263 | + | 14 projects shall be awarded to businesses owned by persons | |
| 264 | + | 15 with a disability. | |
| 265 | + | 16 Owners or operators of a community water supply are | |
| 266 | + | 17 encouraged to divide projects, whenever economically feasible, | |
| 267 | + | 18 into contracts of smaller size that ensure small business | |
| 268 | + | 19 contractors or vendors shall have the ability to qualify in | |
| 269 | + | 20 the applicable bidding process, when determining the ability | |
| 270 | + | 21 to deliver on a given contract based on scope and size, as a | |
| 271 | + | 22 responsible and responsive bidder. | |
| 272 | + | 23 When a contractor or vendor submits a bid or letter of | |
| 273 | + | 24 intent in response to a request for proposal or other bid | |
| 274 | + | 25 submission, the contractor or vendor shall include with its | |
| 275 | + | 26 responsive documents a utilization plan that shall address how | |
| 563 | 276 | ||
| 564 | 277 | ||
| 565 | - | (6) the protection of low-income households from rate | |
| 566 | - | increases. | |
| 567 | - | (aa) Within 10 years after January 1, 2022 (the effective | |
| 568 | - | date of Public Act 102-613), the Advisory Board shall prepare | |
| 569 | - | and deliver a report to the Governor and General Assembly | |
| 570 | - | concerning the status of all lead service line replacement | |
| 571 | - | within the State. | |
| 572 | - | (bb) The Lead Service Line Replacement Fund is created as | |
| 573 | - | a special fund in the State treasury to be used by the Agency | |
| 574 | - | for the purposes provided under this Section. The Fund shall | |
| 575 | - | be used exclusively to finance and administer programs and | |
| 576 | - | activities specified under this Section and listed under this | |
| 577 | - | subsection. | |
| 578 | - | The objective of the Fund is to finance activities | |
| 579 | - | associated with identifying and replacing lead service lines, | |
| 580 | - | build Agency capacity to oversee the provisions of this | |
| 581 | - | Section, and provide related assistance for the activities | |
| 582 | - | listed under this subsection. | |
| 583 | - | The Agency shall be responsible for the administration of | |
| 584 | - | the Fund and shall allocate moneys on the basis of priorities | |
| 585 | - | established by the Agency through administrative rule. On July | |
| 586 | - | 1, 2022 and on July 1 of each year thereafter, the Agency shall | |
| 587 | - | determine the available amount of resources in the Fund that | |
| 588 | - | can be allocated to the activities identified under this | |
| 589 | - | Section and shall allocate the moneys accordingly. | |
| 590 | - | Notwithstanding any other law to the contrary, the Lead | |
| 591 | 278 | ||
| 592 | 279 | ||
| 593 | - | Service Line Replacement Fund is not subject to sweeps, | |
| 594 | - | administrative charge-backs, or any other fiscal maneuver that | |
| 595 | - | would in any way transfer any amounts from the Lead Service | |
| 596 | - | Line Replacement Fund into any other fund of the State. | |
| 597 | - | (cc) Within one year after January 1, 2022 (the effective | |
| 598 | - | date of Public Act 102-613), the Agency shall design rules for | |
| 599 | - | a program for the purpose of administering lead service line | |
| 600 | - | replacement funds. The rules must, at minimum, contain: | |
| 601 | - | (1) the process by which community water supplies may | |
| 602 | - | apply for funding; and | |
| 603 | - | (2) the criteria for determining unit of local | |
| 604 | - | government eligibility and prioritization for funding, | |
| 605 | - | including the prevalence of low-income households, as | |
| 606 | - | measured by median household income, the prevalence of | |
| 607 | - | lead service lines, and the prevalence of water samples | |
| 608 | - | that demonstrate elevated levels of lead. | |
| 609 | - | (dd) Funding under subsection (cc) shall be available for | |
| 610 | - | costs directly attributable to the planning, design, or | |
| 611 | - | construction directly related to the replacement of lead | |
| 612 | - | service lines and restoration of property. | |
| 613 | - | Funding shall not be used for the general operating | |
| 614 | - | expenses of a municipality or community water supply. | |
| 615 | - | (ee) An owner or operator of any community water supply | |
| 616 | - | receiving grant funding under subsection (cc) shall bear the | |
| 617 | - | entire expense of full lead service line replacement for all | |
| 618 | - | lead service lines in the scope of the grant. | |
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| 620 | 283 | ||
| 621 | - | (ff) When replacing a lead service line, the owner or | |
| 622 | - | operator of the community water supply shall replace the | |
| 623 | - | service line in its entirety, including, but not limited to, | |
| 624 | - | any portion of the service line (i) running on private | |
| 625 | - | property and (ii) within the building's plumbing at the first | |
| 626 | - | shut-off valve. Partial lead service line replacements are | |
| 627 | - | expressly prohibited. Exceptions shall be made under the | |
| 628 | - | following circumstances: | |
| 629 | - | (1) In the event of an emergency repair that affects a | |
| 630 | - | lead service line or a suspected lead service line, a | |
| 631 | - | community water supply must contact the building owner to | |
| 632 | - | begin the process of replacing the entire service line. If | |
| 633 | - | the building owner is not able to be contacted or the | |
| 634 | - | building owner or occupant refuses to grant access and | |
| 635 | - | permission to replace the entire service line at the time | |
| 636 | - | of the emergency repair, then the community water supply | |
| 637 | - | may perform a partial lead service line replacement. Where | |
| 638 | - | an emergency repair on a service line constructed of lead | |
| 639 | - | or galvanized steel pipe results in a partial service line | |
| 640 | - | replacement, the water supply responsible for commencing | |
| 641 | - | the repair shall perform the following: | |
| 642 | - | (A) Notify the building's owner or operator and | |
| 643 | - | the resident or residents served by the lead service | |
| 644 | - | line in writing that a repair has been completed. The | |
| 645 | - | notification shall include, at a minimum: | |
| 646 | - | (i) a warning that the work may result in | |
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| 286 | + | 1 compliance with applicable good faith requirements set forth | |
| 287 | + | 2 in this subsection shall be addressed. | |
| 288 | + | 3 Under this subsection, "good faith effort" means a | |
| 289 | + | 4 community water supply has taken all necessary steps to comply | |
| 290 | + | 5 with the goals of this subsection by complying with the | |
| 291 | + | 6 following: | |
| 292 | + | 7 (1) Soliciting through reasonable and available means | |
| 293 | + | 8 the interest of a business, as defined in Section 2 of the | |
| 294 | + | 9 Business Enterprise for Minorities, Women, and Persons | |
| 295 | + | 10 with Disabilities Act, that have the capability to perform | |
| 296 | + | 11 the work of the contract. The community water supply must | |
| 297 | + | 12 solicit this interest within sufficient time to allow | |
| 298 | + | 13 certified businesses to respond. | |
| 299 | + | 14 (2) Providing interested certified businesses with | |
| 300 | + | 15 adequate information about the plans, specifications, and | |
| 301 | + | 16 requirements of the contract, including addenda, in a | |
| 302 | + | 17 timely manner to assist them in responding to the | |
| 303 | + | 18 solicitation. | |
| 304 | + | 19 (3) Meeting in good faith with interested certified | |
| 305 | + | 20 businesses that have submitted bids. | |
| 306 | + | 21 (4) Effectively using the services of the State, | |
| 307 | + | 22 minority or women community organizations, minority or | |
| 308 | + | 23 women contractor groups, local, State, and federal | |
| 309 | + | 24 minority or women business assistance offices, and other | |
| 310 | + | 25 organizations to provide assistance in the recruitment and | |
| 311 | + | 26 placement of certified businesses. | |
| 647 | 312 | ||
| 648 | 313 | ||
| 649 | - | sediment, possibly containing lead, in the | |
| 650 | - | buildings water supply system; | |
| 651 | - | (ii) information concerning practices for | |
| 652 | - | preventing the consumption of any lead in drinking | |
| 653 | - | water, including a recommendation to flush water | |
| 654 | - | distribution pipe during and after the completion | |
| 655 | - | of the repair or replacement work and to clean | |
| 656 | - | faucet aerator screens; and | |
| 657 | - | (iii) information regarding the dangers of | |
| 658 | - | lead to young children and pregnant women. | |
| 659 | - | (B) Provide filters for at least one fixture | |
| 660 | - | supplying potable water for consumption. The filter | |
| 661 | - | must be certified by an accredited third-party | |
| 662 | - | certification body to NSF/ANSI 53 and NSF/ANSI 42 for | |
| 663 | - | the reduction of lead and particulate. The filter must | |
| 664 | - | be provided until such time that the remaining | |
| 665 | - | portions of the service line have been replaced with a | |
| 666 | - | material approved by the Department or a waiver has | |
| 667 | - | been issued under subsection (ii). | |
| 668 | - | (C) Replace the remaining portion of the lead | |
| 669 | - | service line within 30 days of the repair, or 120 days | |
| 670 | - | in the event of weather or other circumstances beyond | |
| 671 | - | reasonable control that prohibits construction. If a | |
| 672 | - | complete lead service line replacement cannot be made | |
| 673 | - | within the required period, the community water supply | |
| 674 | - | responsible for commencing the repair shall notify the | |
| 675 | 314 | ||
| 676 | 315 | ||
| 677 | - | Department in writing, at a minimum, of the following | |
| 678 | - | within 24 hours of the repair: | |
| 679 | - | (i) an explanation of why it is not feasible | |
| 680 | - | to replace the remaining portion of the lead | |
| 681 | - | service line within the allotted time; and | |
| 682 | - | (ii) a timeline for when the remaining portion | |
| 683 | - | of the lead service line will be replaced. | |
| 684 | - | (D) If complete repair of a lead service line | |
| 685 | - | cannot be completed due to denial by the property | |
| 686 | - | owner, the community water supply commencing the | |
| 687 | - | repair shall request the affected property owner to | |
| 688 | - | sign a waiver developed by the Department. If a | |
| 689 | - | property owner of a nonresidential building or | |
| 690 | - | residence operating as rental properties denies a | |
| 691 | - | complete lead service line replacement, the property | |
| 692 | - | owner shall be responsible for installing and | |
| 693 | - | maintaining point-of-use filters certified by an | |
| 694 | - | accredited third-party certification body to NSF/ANSI | |
| 695 | - | 53 and NSF/ANSI 42 for the reduction of lead and | |
| 696 | - | particulate at all fixtures intended to supply water | |
| 697 | - | for the purposes of drinking, food preparation, or | |
| 698 | - | making baby formula. The filters shall continue to be | |
| 699 | - | supplied by the property owner until such time that | |
| 700 | - | the property owner has affected the remaining portions | |
| 701 | - | of the lead service line to be replaced. | |
| 702 | - | (E) Document any remaining lead service line, | |
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| 703 | 318 | ||
| 704 | 319 | ||
| 705 | - | including a portion on the private side of the | |
| 706 | - | property, in the community water supply's distribution | |
| 707 | - | system materials inventory required under subsection | |
| 708 | - | (d). | |
| 709 | - | For the purposes of this paragraph (1), written notice | |
| 710 | - | shall be provided in the method and according to the | |
| 711 | - | provisions of subsection (jj). | |
| 712 | - | (2) Lead service lines that are physically | |
| 713 | - | disconnected from the distribution system are exempt from | |
| 714 | - | this subsection. | |
| 715 | - | (gg) Except as provided in subsection (hh), on and after | |
| 716 | - | January 1, 2022, when the owner or operator of a community | |
| 717 | - | water supply replaces a water main, the community water supply | |
| 718 | - | shall identify all lead service lines connected to the water | |
| 719 | - | main and shall replace the lead service lines by: | |
| 720 | - | (1) identifying the material or materials of each lead | |
| 721 | - | service line connected to the water main, including, but | |
| 722 | - | not limited to, any portion of the service line (i) | |
| 723 | - | running on private property and (ii) within the building | |
| 724 | - | plumbing at the first shut-off valve or 18 inches inside | |
| 725 | - | the building, whichever is shorter; | |
| 726 | - | (2) in conjunction with replacement of the water main, | |
| 727 | - | replacing any and all portions of each lead service line | |
| 728 | - | connected to the water main that are composed of lead; and | |
| 729 | - | (3) if a property owner or customer refuses to grant | |
| 730 | - | access to the property, following prescribed notice | |
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| 322 | + | 1 (5) Making efforts to use appropriate forums for | |
| 323 | + | 2 purposes of advertising subcontracting opportunities | |
| 324 | + | 3 suitable for certified businesses. | |
| 325 | + | 4 The diversity goals defined in this subsection can be met | |
| 326 | + | 5 through direct award to diverse contractors and through the | |
| 327 | + | 6 use of diverse subcontractors and diverse vendors to | |
| 328 | + | 7 contracts. | |
| 329 | + | 8 (o) An owner or operator of a community water supply shall | |
| 330 | + | 9 collect data necessary to ensure compliance with subsection | |
| 331 | + | 10 (n) no less than semi-annually and shall include progress | |
| 332 | + | 11 toward compliance of subsection (n) in the owner or operator's | |
| 333 | + | 12 report required under subsection (t-5). The report must | |
| 334 | + | 13 include data on vendor and employee diversity, including data | |
| 335 | + | 14 on the owner's or operator's implementation of subsection (n). | |
| 336 | + | 15 (p) Every owner or operator of a community water supply | |
| 337 | + | 16 that has known or suspected lead service lines shall: | |
| 338 | + | 17 (1) create a plan to: | |
| 339 | + | 18 (A) replace each lead service line connected to | |
| 340 | + | 19 its distribution system; and | |
| 341 | + | 20 (B) replace each galvanized service line connected | |
| 342 | + | 21 to its distribution system, if the galvanized service | |
| 343 | + | 22 line is or was connected downstream to lead piping; | |
| 344 | + | 23 and | |
| 345 | + | 24 (2) electronically submit, by April 15, 2024 its | |
| 346 | + | 25 initial lead service line replacement plan to the Agency; | |
| 347 | + | 26 (3) electronically submit by April 15 of each year | |
| 731 | 348 | ||
| 732 | 349 | ||
| 733 | - | provisions as outlined in subsection (ff). | |
| 734 | - | If an owner of a potentially affected building intends to | |
| 735 | - | replace a portion of a lead service line or a galvanized | |
| 736 | - | service line and the galvanized service line is or was | |
| 737 | - | connected downstream to lead piping, then the owner of the | |
| 738 | - | potentially affected building shall provide the owner or | |
| 739 | - | operator of the community water supply with notice at least 45 | |
| 740 | - | days before commencing the work. In the case of an emergency | |
| 741 | - | repair, the owner of the potentially affected building must | |
| 742 | - | provide filters for each kitchen area that are certified by an | |
| 743 | - | accredited third-party certification body to NSF/ANSI 53 and | |
| 744 | - | NSF/ANSI 42 for the reduction of lead and particulate. If the | |
| 745 | - | owner of the potentially affected building notifies the owner | |
| 746 | - | or operator of the community water supply that replacement of | |
| 747 | - | a portion of the lead service line after the emergency repair | |
| 748 | - | is completed, then the owner or operator of the community | |
| 749 | - | water supply shall replace the remainder of the lead service | |
| 750 | - | line within 30 days after completion of the emergency repair. | |
| 751 | - | A community water supply may take up to 120 days if necessary | |
| 752 | - | due to weather conditions. If a replacement takes longer than | |
| 753 | - | 30 days, filters provided by the owner of the potentially | |
| 754 | - | affected building must be replaced in accordance with the | |
| 755 | - | manufacturer's recommendations. Partial lead service line | |
| 756 | - | replacements by the owners of potentially affected buildings | |
| 757 | - | are otherwise prohibited. | |
| 758 | - | (hh) For municipalities with a population in excess of | |
| 759 | 350 | ||
| 760 | 351 | ||
| 761 | - | 1,000,000 inhabitants, the requirements of subsection (gg) | |
| 762 | - | shall commence on January 1, 2023. | |
| 763 | - | (ii) At least 45 days before conducting planned lead | |
| 764 | - | service line replacement, the owner or operator of a community | |
| 765 | - | water supply shall, by mail, attempt to contact the owner of | |
| 766 | - | the potentially affected building serviced by the lead service | |
| 767 | - | line to request access to the building and permission to | |
| 768 | - | replace the lead service line in accordance with the lead | |
| 769 | - | service line replacement plan. If the owner of the potentially | |
| 770 | - | affected building does not respond to the request within 15 | |
| 771 | - | days after the request is sent, the owner or operator of the | |
| 772 | - | community water supply shall attempt to post the request on | |
| 773 | - | the entrance of the potentially affected building. | |
| 774 | - | If the owner or operator of a community water supply is | |
| 775 | - | unable to obtain approval to access and replace a lead service | |
| 776 | - | line, the owner or operator of the community water supply | |
| 777 | - | shall request that the owner of the potentially affected | |
| 778 | - | building sign a waiver. The waiver shall be developed by the | |
| 779 | - | Department and should be made available in the owner's | |
| 780 | - | language. If the owner of the potentially affected building | |
| 781 | - | refuses to sign the waiver or fails to respond to the community | |
| 782 | - | water supply after the community water supply has complied | |
| 783 | - | with this subsection, then the community water supply shall | |
| 784 | - | notify the Department in writing within 15 working days. | |
| 785 | - | (jj) When replacing a lead service line or repairing or | |
| 786 | - | replacing water mains with lead service lines or partial lead | |
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| 788 | 355 | ||
| 789 | - | service lines attached to them, the owner or operator of a | |
| 790 | - | community water supply shall provide the owner of each | |
| 791 | - | potentially affected building that is serviced by the affected | |
| 792 | - | lead service lines or partial lead service lines, as well as | |
| 793 | - | the occupants of those buildings, with an individual written | |
| 794 | - | notice. The notice shall be delivered by mail or posted at the | |
| 795 | - | primary entranceway of the building. The notice must may, in | |
| 796 | - | addition, be electronically mailed where an electronic mailing | |
| 797 | - | address is known or can be reasonably obtained. Written notice | |
| 798 | - | shall include, at a minimum, the following: | |
| 799 | - | (1) a warning that the work may result in sediment, | |
| 800 | - | possibly containing lead from the service line, in the | |
| 801 | - | building's water; | |
| 802 | - | (2) information concerning the best practices for | |
| 803 | - | preventing exposure to or risk of consumption of lead in | |
| 804 | - | drinking water, including a recommendation to flush water | |
| 805 | - | lines during and after the completion of the repair or | |
| 806 | - | replacement work and to clean faucet aerator screens; and | |
| 807 | - | (3) information regarding the dangers of lead exposure | |
| 808 | - | to young children and pregnant women. | |
| 809 | - | When the individual written notice described in the first | |
| 810 | - | paragraph of this subsection is required as a result of | |
| 811 | - | planned work other than the repair or replacement of a water | |
| 812 | - | meter, the owner or operator of the community water supply | |
| 813 | - | shall provide the notice not less than 14 days before work | |
| 814 | - | begins. When the individual written notice described in the | |
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| 358 | + | 1 after 2024 until April 15, 2027 an updated lead service | |
| 359 | + | 2 line replacement plan to the Agency for review; the | |
| 360 | + | 3 updated replacement plan shall account for changes in the | |
| 361 | + | 4 number of lead service lines or unknown service lines in | |
| 362 | + | 5 the material inventory described in subsection (d); | |
| 363 | + | 6 (4) electronically submit by April 15, 2027 a complete | |
| 364 | + | 7 and final replacement plan to the Agency for approval; the | |
| 365 | + | 8 complete and final replacement plan shall account for all | |
| 366 | + | 9 known and suspected lead service lines documented in the | |
| 367 | + | 10 final material inventory described under paragraph (3) of | |
| 368 | + | 11 subsection (d); and | |
| 369 | + | 12 (5) post on its website a copy of the plan most | |
| 370 | + | 13 recently submitted to the Agency or may request that the | |
| 371 | + | 14 Agency post a copy of that plan on the Agency's website. | |
| 372 | + | 15 (q) Each plan required under paragraph (1) of subsection | |
| 373 | + | 16 (p) shall include the following: | |
| 374 | + | 17 (1) the name and identification number of the | |
| 375 | + | 18 community water supply; | |
| 376 | + | 19 (2) the total number of service lines connected to the | |
| 377 | + | 20 distribution system of the community water supply; | |
| 378 | + | 21 (3) the total number of suspected lead service lines | |
| 379 | + | 22 connected to the distribution system of the community | |
| 380 | + | 23 water supply; | |
| 381 | + | 24 (4) the total number of known lead service lines | |
| 382 | + | 25 connected to the distribution system of the community | |
| 383 | + | 26 water supply; | |
| 815 | 384 | ||
| 816 | 385 | ||
| 817 | - | first paragraph of this subsection is required as a result of | |
| 818 | - | emergency repairs other than the repair or replacement of a | |
| 819 | - | water meter, the owner or operator of the community water | |
| 820 | - | supply shall provide the notice at the time the work is | |
| 821 | - | initiated. When the individual written notice described in the | |
| 822 | - | first paragraph of this subsection is required as a result of | |
| 823 | - | the repair or replacement of a water meter, the owner or | |
| 824 | - | operator of the community water supply shall provide the | |
| 825 | - | notice at the time the work is initiated. | |
| 826 | - | The notifications required under this subsection must | |
| 827 | - | contain the following statement in Spanish, Polish, Chinese, | |
| 828 | - | Tagalog, Arabic, Korean, German, Urdu, and Gujarati: "This | |
| 829 | - | notice contains important information about your water service | |
| 830 | - | and may affect your rights. We encourage you to have this | |
| 831 | - | notice translated in full into a language you understand and | |
| 832 | - | before you make any decisions that may be required under this | |
| 833 | - | notice." | |
| 834 | - | An owner or operator of a community water supply that is | |
| 835 | - | required under this subsection to provide an individual | |
| 836 | - | written notice to the owner and occupant of a potentially | |
| 837 | - | affected building that is a multi-dwelling building may | |
| 838 | - | satisfy that requirement and the requirements of this | |
| 839 | - | subsection regarding notification to non-English speaking | |
| 840 | - | customers by posting the required notice on the primary | |
| 841 | - | entranceway of the building and at the location where the | |
| 842 | - | occupant's mail is delivered as reasonably as possible. | |
| 843 | 386 | ||
| 844 | 387 | ||
| 845 | - | When this subsection would require the owner or operator | |
| 846 | - | of a community water supply to provide an individual written | |
| 847 | - | notice to the entire community served by the community water | |
| 848 | - | supply or would require the owner or operator of a community | |
| 849 | - | water supply to provide individual written notices as a result | |
| 850 | - | of emergency repairs or when the community water supply that | |
| 851 | - | is required to comply with this subsection is a small system, | |
| 852 | - | the owner or operator of the community water supply may | |
| 853 | - | provide the required notice through local media outlets, | |
| 854 | - | social media, or other similar means in lieu of providing the | |
| 855 | - | individual written notices otherwise required under this | |
| 856 | - | subsection. | |
| 857 | - | No notifications are required under this subsection for | |
| 858 | - | work performed on water mains that are used to transmit | |
| 859 | - | treated water between community water supplies and properties | |
| 860 | - | that have no service connections. | |
| 861 | - | (kk) No community water supply that sells water to any | |
| 862 | - | wholesale or retail consecutive community water supply may | |
| 863 | - | pass on any costs associated with compliance with this Section | |
| 864 | - | to consecutive systems. | |
| 865 | - | (ll) To the extent allowed by law, when a community water | |
| 866 | - | supply replaces or installs a lead service line in a public | |
| 867 | - | right-of-way or enters into an agreement with a private | |
| 868 | - | contractor for replacement or installation of a lead service | |
| 869 | - | line, the community water supply shall be held harmless for | |
| 870 | - | all damage to property when replacing or installing the lead | |
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| 871 | 390 | ||
| 872 | 391 | ||
| 873 | - | service line. If dangers are encountered that prevent the | |
| 874 | - | replacement of the lead service line, the community water | |
| 875 | - | supply shall notify the Department within 15 working days of | |
| 876 | - | why the replacement of the lead service line could not be | |
| 877 | - | accomplished. | |
| 878 | - | (mm) The Agency may propose to the Board, and the Board may | |
| 879 | - | adopt, any rules necessary to implement and administer this | |
| 880 | - | Section. The Department may adopt rules necessary to address | |
| 881 | - | lead service lines attached to non-community water supplies. | |
| 882 | - | (nn) Notwithstanding any other provision in this Section, | |
| 883 | - | no requirement in this Section shall be construed as being | |
| 884 | - | less stringent than existing applicable federal requirements. | |
| 885 | - | (oo) All lead service line replacements financed in whole | |
| 886 | - | or in part with funds obtained under this Section shall be | |
| 887 | - | considered public works for purposes of the Prevailing Wage | |
| 888 | - | Act. | |
| 889 | - | (pp) Beginning in 2023, each municipality with a | |
| 890 | - | population of more than 1,000,000 inhabitants shall publicly | |
| 891 | - | post on its website data describing progress the municipality | |
| 892 | - | has made toward replacing lead service lines within the | |
| 893 | - | municipality. The data required to be posted under this | |
| 894 | - | subsection shall be the same information required to be | |
| 895 | - | reported under paragraphs (1) through (4) of subsection (t-5) | |
| 896 | - | of this Section. Beginning in 2024, each municipality that is | |
| 897 | - | subject to this subsection shall annually update the data | |
| 898 | - | posted on its website under this subsection. A municipality's | |
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| 394 | + | 1 (5) the total number of lead service lines connected | |
| 395 | + | 2 to the distribution system of the community water supply | |
| 396 | + | 3 that have been replaced each year beginning in 2020; | |
| 397 | + | 4 (6) a proposed lead service line replacement schedule | |
| 398 | + | 5 that includes one-year, 5-year, 10-year, 15-year, 20-year, | |
| 399 | + | 6 25-year, and 30-year goals; | |
| 400 | + | 7 (7) an analysis of costs and financing options for | |
| 401 | + | 8 replacing the lead service lines connected to the | |
| 402 | + | 9 community water supply's distribution system, which shall | |
| 403 | + | 10 include, but shall not be limited to: | |
| 404 | + | 11 (A) a detailed accounting of costs associated with | |
| 405 | + | 12 replacing lead service lines and galvanized lines that | |
| 406 | + | 13 are or were connected downstream to lead piping; | |
| 407 | + | 14 (B) measures to address affordability and prevent | |
| 408 | + | 15 service shut-offs for customers or ratepayers; and | |
| 409 | + | 16 (C) consideration of different scenarios for | |
| 410 | + | 17 structuring payments between the utility and its | |
| 411 | + | 18 customers over time; and | |
| 412 | + | 19 (8) a plan for prioritizing high-risk facilities, such | |
| 413 | + | 20 as preschools, day care centers, day care homes, group day | |
| 414 | + | 21 care homes, parks, playgrounds, hospitals, and clinics, as | |
| 415 | + | 22 well as high-risk areas identified by the community water | |
| 416 | + | 23 supply; | |
| 417 | + | 24 (9) a map of the areas where lead service lines are | |
| 418 | + | 25 expected to be found and the sequence with which those | |
| 419 | + | 26 areas will be inventoried and lead service lines replaced; | |
| 899 | 420 | ||
| 900 | 421 | ||
| 901 | - | duty to post data under this subsection terminates only when | |
| 902 | - | all lead service lines within the municipality have been | |
| 903 | - | replaced. Nothing in this subsection (pp) shall be construed | |
| 904 | - | to replace, undermine, conflict with, or otherwise amend the | |
| 905 | - | responsibilities and requirements set forth in subsection | |
| 906 | - | (t-5) of this Section. | |
| 907 | - | (Source: P.A. 102-613, eff. 1-1-22; 102-813, eff. 5-13-22.) | |
| 422 | + | ||
| 423 | + | ||
| 424 | + | ||
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| 427 | + | ||
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| 430 | + | 1 (10) measures for how the community water supply will | |
| 431 | + | 2 inform the public of the plan and provide opportunity for | |
| 432 | + | 3 public comment; and | |
| 433 | + | 4 (11) measures to encourage diversity in hiring in the | |
| 434 | + | 5 workforce required to implement the plan as identified | |
| 435 | + | 6 under subsection (n). | |
| 436 | + | 7 (r) The Agency shall review final plans submitted to it | |
| 437 | + | 8 under subsection (p). The Agency shall approve a final plan if | |
| 438 | + | 9 the final plan includes all of the elements set forth under | |
| 439 | + | 10 subsection (q) and the Agency determines that: | |
| 440 | + | 11 (1) the proposed lead service line replacement | |
| 441 | + | 12 schedule set forth in the plan aligns with the timeline | |
| 442 | + | 13 requirements set forth under subsection (v); | |
| 443 | + | 14 (2) the plan prioritizes the replacement of lead | |
| 444 | + | 15 service lines that provide water service to high-risk | |
| 445 | + | 16 facilities, such as preschools, day care centers, day care | |
| 446 | + | 17 homes, group day care homes, parks, playgrounds, | |
| 447 | + | 18 hospitals, and clinics, and high-risk areas identified by | |
| 448 | + | 19 the community water supply; | |
| 449 | + | 20 (3) the plan includes analysis of cost and financing | |
| 450 | + | 21 options; and | |
| 451 | + | 22 (4) the plan provides documentation of public review. | |
| 452 | + | 23 (s) An owner or operator of a community water supply has no | |
| 453 | + | 24 duty to include in the plans required under subsection (p) | |
| 454 | + | 25 information about service lines that are physically | |
| 455 | + | 26 disconnected from a water main in its distribution system. | |
| 456 | + | ||
| 457 | + | ||
| 458 | + | ||
| 459 | + | ||
| 460 | + | ||
| 461 | + | HB2776 Enrolled - 13 - LRB103 28485 CPF 54866 b | |
| 462 | + | ||
| 463 | + | ||
| 464 | + | HB2776 Enrolled- 14 -LRB103 28485 CPF 54866 b HB2776 Enrolled - 14 - LRB103 28485 CPF 54866 b | |
| 465 | + | HB2776 Enrolled - 14 - LRB103 28485 CPF 54866 b | |
| 466 | + | 1 (t) If a community water supply does not deliver a | |
| 467 | + | 2 complete plan to the Agency by April 15, 2027, the community | |
| 468 | + | 3 water supply may apply to the Agency for an extension no less | |
| 469 | + | 4 than 3 months prior to the due date. The Agency shall develop | |
| 470 | + | 5 criteria for granting plan extensions. When considering | |
| 471 | + | 6 requests for extension, the Agency shall, at a minimum, | |
| 472 | + | 7 consider: | |
| 473 | + | 8 (1) the number of service connections in a water | |
| 474 | + | 9 supply; and | |
| 475 | + | 10 (2) the number of service lines of an unknown material | |
| 476 | + | 11 composition. | |
| 477 | + | 12 (t-5) After the Agency has approved the final replacement | |
| 478 | + | 13 plan described in subsection (p), the owner or operator of a | |
| 479 | + | 14 community water supply shall submit a report detailing | |
| 480 | + | 15 progress toward plan goals to the Agency for its review. The | |
| 481 | + | 16 report shall be submitted annually for the first 10 years, and | |
| 482 | + | 17 every 3 years thereafter until all lead service lines have | |
| 483 | + | 18 been replaced. Reports under this subsection shall be | |
| 484 | + | 19 published in the same manner described in subsection (l). The | |
| 485 | + | 20 report shall include at least the following information as it | |
| 486 | + | 21 pertains to the preceding reporting period: | |
| 487 | + | 22 (1) The number of lead service lines replaced and the | |
| 488 | + | 23 average cost of lead service line replacement. | |
| 489 | + | 24 (2) Progress toward meeting hiring requirements as | |
| 490 | + | 25 described in subsection (n) and subsection (o). | |
| 491 | + | 26 (3) The percent of customers electing a waiver | |
| 492 | + | ||
| 493 | + | ||
| 494 | + | ||
| 495 | + | ||
| 496 | + | ||
| 497 | + | HB2776 Enrolled - 14 - LRB103 28485 CPF 54866 b | |
| 498 | + | ||
| 499 | + | ||
| 500 | + | HB2776 Enrolled- 15 -LRB103 28485 CPF 54866 b HB2776 Enrolled - 15 - LRB103 28485 CPF 54866 b | |
| 501 | + | HB2776 Enrolled - 15 - LRB103 28485 CPF 54866 b | |
| 502 | + | 1 offered, as described in subsections (ii) and (jj), among | |
| 503 | + | 2 those customers receiving a request or notification to | |
| 504 | + | 3 perform a lead service line replacement. | |
| 505 | + | 4 (4) The method or methods used by the community water | |
| 506 | + | 5 supply to finance lead service line replacement. | |
| 507 | + | 6 (u) Notwithstanding any other provision of law, in order | |
| 508 | + | 7 to provide for costs associated with lead service line | |
| 509 | + | 8 remediation and replacement, the corporate authorities of a | |
| 510 | + | 9 municipality may, by ordinance or resolution by the corporate | |
| 511 | + | 10 authorities, exercise authority provided in Section 27-5 et | |
| 512 | + | 11 seq. of the Property Tax Code and Sections 8-3-1, 8-11-1, | |
| 513 | + | 12 8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq., | |
| 514 | + | 13 11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes | |
| 515 | + | 14 levied for this purpose shall be in addition to taxes for | |
| 516 | + | 15 general purposes authorized under Section 8-3-1 of the | |
| 517 | + | 16 Illinois Municipal Code and shall be included in the taxing | |
| 518 | + | 17 district's aggregate extension for the purposes of Division 5 | |
| 519 | + | 18 of Article 18 of the Property Tax Code. | |
| 520 | + | 19 (v) Every owner or operator of a community water supply | |
| 521 | + | 20 shall replace all known lead service lines, subject to the | |
| 522 | + | 21 requirements of subsection (ff), according to the following | |
| 523 | + | 22 replacement rates and timelines to be calculated from the date | |
| 524 | + | 23 of submission of the final replacement plan to the Agency: | |
| 525 | + | 24 (1) A community water supply reporting 1,200 or fewer | |
| 526 | + | 25 lead service lines in its final inventory and replacement | |
| 527 | + | 26 plan shall replace all lead service lines, at an annual | |
| 528 | + | ||
| 529 | + | ||
| 530 | + | ||
| 531 | + | ||
| 532 | + | ||
| 533 | + | HB2776 Enrolled - 15 - LRB103 28485 CPF 54866 b | |
| 534 | + | ||
| 535 | + | ||
| 536 | + | HB2776 Enrolled- 16 -LRB103 28485 CPF 54866 b HB2776 Enrolled - 16 - LRB103 28485 CPF 54866 b | |
| 537 | + | HB2776 Enrolled - 16 - LRB103 28485 CPF 54866 b | |
| 538 | + | 1 rate of no less than 7% of the amount described in the | |
| 539 | + | 2 final inventory, with a timeline of up to 15 years for | |
| 540 | + | 3 completion. | |
| 541 | + | 4 (2) A community water supply reporting more than 1,200 | |
| 542 | + | 5 but fewer than 5,000 lead service lines in its final | |
| 543 | + | 6 inventory and replacement plan shall replace all lead | |
| 544 | + | 7 service lines, at an annual rate of no less than 6% of the | |
| 545 | + | 8 amount described in the final inventory, with a timeline | |
| 546 | + | 9 of up to 17 years for completion. | |
| 547 | + | 10 (3) A community water supply reporting more than 4,999 | |
| 548 | + | 11 but fewer than 10,000 lead service lines in its final | |
| 549 | + | 12 inventory and replacement plan shall replace all lead | |
| 550 | + | 13 service lines, at an annual rate of no less than 5% of the | |
| 551 | + | 14 amount described in the final inventory, with a timeline | |
| 552 | + | 15 of up to 20 years for completion. | |
| 553 | + | 16 (4) A community water supply reporting more than 9,999 | |
| 554 | + | 17 but fewer than 99,999 lead service lines in its final | |
| 555 | + | 18 inventory and replacement plan shall replace all lead | |
| 556 | + | 19 service lines, at an annual rate of no less than 3% of the | |
| 557 | + | 20 amount described in the final inventory, with a timeline | |
| 558 | + | 21 of up to 34 years for completion. | |
| 559 | + | 22 (5) A community water supply reporting more than | |
| 560 | + | 23 99,999 lead service lines in its final inventory and | |
| 561 | + | 24 replacement plan shall replace all lead service lines, at | |
| 562 | + | 25 an annual rate of no less than 2% of the amount described | |
| 563 | + | 26 in the final inventory, with a timeline of up to 50 years | |
| 564 | + | ||
| 565 | + | ||
| 566 | + | ||
| 567 | + | ||
| 568 | + | ||
| 569 | + | HB2776 Enrolled - 16 - LRB103 28485 CPF 54866 b | |
| 570 | + | ||
| 571 | + | ||
| 572 | + | HB2776 Enrolled- 17 -LRB103 28485 CPF 54866 b HB2776 Enrolled - 17 - LRB103 28485 CPF 54866 b | |
| 573 | + | HB2776 Enrolled - 17 - LRB103 28485 CPF 54866 b | |
| 574 | + | 1 for completion. | |
| 575 | + | 2 (w) A community water supply may apply to the Agency for an | |
| 576 | + | 3 extension to the replacement timelines described in paragraphs | |
| 577 | + | 4 (1) through (5) of subsection (v). The Agency shall develop | |
| 578 | + | 5 criteria for granting replacement timeline extensions. When | |
| 579 | + | 6 considering requests for timeline extensions, the Agency | |
| 580 | + | 7 shall, at a minimum, consider: | |
| 581 | + | 8 (1) the number of service connections in a water | |
| 582 | + | 9 supply; and | |
| 583 | + | 10 (2) unusual circumstances creating hardship for a | |
| 584 | + | 11 community. | |
| 585 | + | 12 The Agency may grant one extension of additional time | |
| 586 | + | 13 equal to not more than 20% of the original replacement | |
| 587 | + | 14 timeline, except in situations of extreme hardship in which | |
| 588 | + | 15 the Agency may consider a second additional extension equal to | |
| 589 | + | 16 not more than 10% of the original replacement timeline. | |
| 590 | + | 17 Replacement rates and timelines shall be calculated from | |
| 591 | + | 18 the date of submission of the final plan to the Agency. | |
| 592 | + | 19 (x) The Lead Service Line Replacement Advisory Board is | |
| 593 | + | 20 created within the Agency. The Advisory Board shall convene | |
| 594 | + | 21 within 120 days after January 1, 2022 (the effective date of | |
| 595 | + | 22 Public Act 102-613). | |
| 596 | + | 23 The Advisory Board shall consist of at least 28 voting | |
| 597 | + | 24 members, as follows: | |
| 598 | + | 25 (1) the Director of the Agency, or his or her | |
| 599 | + | 26 designee, who shall serve as chairperson; | |
| 600 | + | ||
| 601 | + | ||
| 602 | + | ||
| 603 | + | ||
| 604 | + | ||
| 605 | + | HB2776 Enrolled - 17 - LRB103 28485 CPF 54866 b | |
| 606 | + | ||
| 607 | + | ||
| 608 | + | HB2776 Enrolled- 18 -LRB103 28485 CPF 54866 b HB2776 Enrolled - 18 - LRB103 28485 CPF 54866 b | |
| 609 | + | HB2776 Enrolled - 18 - LRB103 28485 CPF 54866 b | |
| 610 | + | 1 (2) the Director of Revenue, or his or her designee; | |
| 611 | + | 2 (3) the Director of Public Health, or his or her | |
| 612 | + | 3 designee; | |
| 613 | + | 4 (4) fifteen members appointed by the Agency as | |
| 614 | + | 5 follows: | |
| 615 | + | 6 (A) one member representing a statewide | |
| 616 | + | 7 organization of municipalities as authorized by | |
| 617 | + | 8 Section 1-8-1 of the Illinois Municipal Code; | |
| 618 | + | 9 (B) two members who are mayors representing | |
| 619 | + | 10 municipalities located in any county south of the | |
| 620 | + | 11 southernmost county represented by one of the 10 | |
| 621 | + | 12 largest municipalities in Illinois by population, or | |
| 622 | + | 13 their respective designees; | |
| 623 | + | 14 (C) two members who are representatives from | |
| 624 | + | 15 public health advocacy groups; | |
| 625 | + | 16 (D) two members who are representatives from | |
| 626 | + | 17 publicly-owned water utilities; | |
| 627 | + | 18 (E) one member who is a representative from a | |
| 628 | + | 19 public utility as defined under Section 3-105 of the | |
| 629 | + | 20 Public Utilities Act that provides water service in | |
| 630 | + | 21 the State of Illinois; | |
| 631 | + | 22 (F) one member who is a research professional | |
| 632 | + | 23 employed at an Illinois academic institution and | |
| 633 | + | 24 specializing in water infrastructure research; | |
| 634 | + | 25 (G) two members who are representatives from | |
| 635 | + | 26 nonprofit civic organizations; | |
| 636 | + | ||
| 637 | + | ||
| 638 | + | ||
| 639 | + | ||
| 640 | + | ||
| 641 | + | HB2776 Enrolled - 18 - LRB103 28485 CPF 54866 b | |
| 642 | + | ||
| 643 | + | ||
| 644 | + | HB2776 Enrolled- 19 -LRB103 28485 CPF 54866 b HB2776 Enrolled - 19 - LRB103 28485 CPF 54866 b | |
| 645 | + | HB2776 Enrolled - 19 - LRB103 28485 CPF 54866 b | |
| 646 | + | 1 (H) one member who is a representative from a | |
| 647 | + | 2 statewide organization representing environmental | |
| 648 | + | 3 organizations; | |
| 649 | + | 4 (I) two members who are representatives from | |
| 650 | + | 5 organized labor; and | |
| 651 | + | 6 (J) one member representing an environmental | |
| 652 | + | 7 justice organization; and | |
| 653 | + | 8 (5) ten members who are the mayors of the 10 largest | |
| 654 | + | 9 municipalities in Illinois by population, or their | |
| 655 | + | 10 respective designees. | |
| 656 | + | 11 No less than 10 of the 28 voting members shall be persons | |
| 657 | + | 12 of color, and no less than 3 shall represent communities | |
| 658 | + | 13 defined or self-identified as environmental justice | |
| 659 | + | 14 communities. | |
| 660 | + | 15 Advisory Board members shall serve without compensation, | |
| 661 | + | 16 but may be reimbursed for necessary expenses incurred in the | |
| 662 | + | 17 performance of their duties from funds appropriated for that | |
| 663 | + | 18 purpose. The Agency shall provide administrative support to | |
| 664 | + | 19 the Advisory Board. | |
| 665 | + | 20 The Advisory Board shall meet no less than once every 6 | |
| 666 | + | 21 months. | |
| 667 | + | 22 (y) The Advisory Board shall have, at a minimum, the | |
| 668 | + | 23 following duties: | |
| 669 | + | 24 (1) advising the Agency on best practices in lead | |
| 670 | + | 25 service line replacement; | |
| 671 | + | 26 (2) reviewing the progress of community water supplies | |
| 672 | + | ||
| 673 | + | ||
| 674 | + | ||
| 675 | + | ||
| 676 | + | ||
| 677 | + | HB2776 Enrolled - 19 - LRB103 28485 CPF 54866 b | |
| 678 | + | ||
| 679 | + | ||
| 680 | + | HB2776 Enrolled- 20 -LRB103 28485 CPF 54866 b HB2776 Enrolled - 20 - LRB103 28485 CPF 54866 b | |
| 681 | + | HB2776 Enrolled - 20 - LRB103 28485 CPF 54866 b | |
| 682 | + | 1 toward lead service line replacement goals; | |
| 683 | + | 2 (3) advising the Agency on other matters related to | |
| 684 | + | 3 the administration of the provisions of this Section; | |
| 685 | + | 4 (4) advising the Agency on the integration of existing | |
| 686 | + | 5 lead service line replacement plans with any statewide | |
| 687 | + | 6 plan; and | |
| 688 | + | 7 (5) providing technical support and practical | |
| 689 | + | 8 expertise in general. | |
| 690 | + | 9 (z) Within 18 months after January 1, 2022 (the effective | |
| 691 | + | 10 date of Public Act 102-613), the Advisory Board shall deliver | |
| 692 | + | 11 a report of its recommendations to the Governor and the | |
| 693 | + | 12 General Assembly concerning opportunities for dedicated, | |
| 694 | + | 13 long-term revenue options for funding lead service line | |
| 695 | + | 14 replacement. In submitting recommendations, the Advisory Board | |
| 696 | + | 15 shall consider, at a minimum, the following: | |
| 697 | + | 16 (1) the sufficiency of various revenue sources to | |
| 698 | + | 17 adequately fund replacement of all lead service lines in | |
| 699 | + | 18 Illinois; | |
| 700 | + | 19 (2) the financial burden, if any, on households | |
| 701 | + | 20 falling below 150% of the federal poverty limit; | |
| 702 | + | 21 (3) revenue options that guarantee low-income | |
| 703 | + | 22 households are protected from rate increases; | |
| 704 | + | 23 (4) an assessment of the ability of community water | |
| 705 | + | 24 supplies to assess and collect revenue; | |
| 706 | + | 25 (5) variations in financial resources among individual | |
| 707 | + | 26 households within a service area; and | |
| 708 | + | ||
| 709 | + | ||
| 710 | + | ||
| 711 | + | ||
| 712 | + | ||
| 713 | + | HB2776 Enrolled - 20 - LRB103 28485 CPF 54866 b | |
| 714 | + | ||
| 715 | + | ||
| 716 | + | HB2776 Enrolled- 21 -LRB103 28485 CPF 54866 b HB2776 Enrolled - 21 - LRB103 28485 CPF 54866 b | |
| 717 | + | HB2776 Enrolled - 21 - LRB103 28485 CPF 54866 b | |
| 718 | + | 1 (6) the protection of low-income households from rate | |
| 719 | + | 2 increases. | |
| 720 | + | 3 (aa) Within 10 years after January 1, 2022 (the effective | |
| 721 | + | 4 date of Public Act 102-613), the Advisory Board shall prepare | |
| 722 | + | 5 and deliver a report to the Governor and General Assembly | |
| 723 | + | 6 concerning the status of all lead service line replacement | |
| 724 | + | 7 within the State. | |
| 725 | + | 8 (bb) The Lead Service Line Replacement Fund is created as | |
| 726 | + | 9 a special fund in the State treasury to be used by the Agency | |
| 727 | + | 10 for the purposes provided under this Section. The Fund shall | |
| 728 | + | 11 be used exclusively to finance and administer programs and | |
| 729 | + | 12 activities specified under this Section and listed under this | |
| 730 | + | 13 subsection. | |
| 731 | + | 14 The objective of the Fund is to finance activities | |
| 732 | + | 15 associated with identifying and replacing lead service lines, | |
| 733 | + | 16 build Agency capacity to oversee the provisions of this | |
| 734 | + | 17 Section, and provide related assistance for the activities | |
| 735 | + | 18 listed under this subsection. | |
| 736 | + | 19 The Agency shall be responsible for the administration of | |
| 737 | + | 20 the Fund and shall allocate moneys on the basis of priorities | |
| 738 | + | 21 established by the Agency through administrative rule. On July | |
| 739 | + | 22 1, 2022 and on July 1 of each year thereafter, the Agency shall | |
| 740 | + | 23 determine the available amount of resources in the Fund that | |
| 741 | + | 24 can be allocated to the activities identified under this | |
| 742 | + | 25 Section and shall allocate the moneys accordingly. | |
| 743 | + | 26 Notwithstanding any other law to the contrary, the Lead | |
| 744 | + | ||
| 745 | + | ||
| 746 | + | ||
| 747 | + | ||
| 748 | + | ||
| 749 | + | HB2776 Enrolled - 21 - LRB103 28485 CPF 54866 b | |
| 750 | + | ||
| 751 | + | ||
| 752 | + | HB2776 Enrolled- 22 -LRB103 28485 CPF 54866 b HB2776 Enrolled - 22 - LRB103 28485 CPF 54866 b | |
| 753 | + | HB2776 Enrolled - 22 - LRB103 28485 CPF 54866 b | |
| 754 | + | 1 Service Line Replacement Fund is not subject to sweeps, | |
| 755 | + | 2 administrative charge-backs, or any other fiscal maneuver that | |
| 756 | + | 3 would in any way transfer any amounts from the Lead Service | |
| 757 | + | 4 Line Replacement Fund into any other fund of the State. | |
| 758 | + | 5 (cc) Within one year after January 1, 2022 (the effective | |
| 759 | + | 6 date of Public Act 102-613), the Agency shall design rules for | |
| 760 | + | 7 a program for the purpose of administering lead service line | |
| 761 | + | 8 replacement funds. The rules must, at minimum, contain: | |
| 762 | + | 9 (1) the process by which community water supplies may | |
| 763 | + | 10 apply for funding; and | |
| 764 | + | 11 (2) the criteria for determining unit of local | |
| 765 | + | 12 government eligibility and prioritization for funding, | |
| 766 | + | 13 including the prevalence of low-income households, as | |
| 767 | + | 14 measured by median household income, the prevalence of | |
| 768 | + | 15 lead service lines, and the prevalence of water samples | |
| 769 | + | 16 that demonstrate elevated levels of lead. | |
| 770 | + | 17 (dd) Funding under subsection (cc) shall be available for | |
| 771 | + | 18 costs directly attributable to the planning, design, or | |
| 772 | + | 19 construction directly related to the replacement of lead | |
| 773 | + | 20 service lines and restoration of property. | |
| 774 | + | 21 Funding shall not be used for the general operating | |
| 775 | + | 22 expenses of a municipality or community water supply. | |
| 776 | + | 23 (ee) An owner or operator of any community water supply | |
| 777 | + | 24 receiving grant funding under subsection (cc) shall bear the | |
| 778 | + | 25 entire expense of full lead service line replacement for all | |
| 779 | + | 26 lead service lines in the scope of the grant. | |
| 780 | + | ||
| 781 | + | ||
| 782 | + | ||
| 783 | + | ||
| 784 | + | ||
| 785 | + | HB2776 Enrolled - 22 - LRB103 28485 CPF 54866 b | |
| 786 | + | ||
| 787 | + | ||
| 788 | + | HB2776 Enrolled- 23 -LRB103 28485 CPF 54866 b HB2776 Enrolled - 23 - LRB103 28485 CPF 54866 b | |
| 789 | + | HB2776 Enrolled - 23 - LRB103 28485 CPF 54866 b | |
| 790 | + | 1 (ff) When replacing a lead service line, the owner or | |
| 791 | + | 2 operator of the community water supply shall replace the | |
| 792 | + | 3 service line in its entirety, including, but not limited to, | |
| 793 | + | 4 any portion of the service line (i) running on private | |
| 794 | + | 5 property and (ii) within the building's plumbing at the first | |
| 795 | + | 6 shut-off valve. Partial lead service line replacements are | |
| 796 | + | 7 expressly prohibited. Exceptions shall be made under the | |
| 797 | + | 8 following circumstances: | |
| 798 | + | 9 (1) In the event of an emergency repair that affects a | |
| 799 | + | 10 lead service line or a suspected lead service line, a | |
| 800 | + | 11 community water supply must contact the building owner to | |
| 801 | + | 12 begin the process of replacing the entire service line. If | |
| 802 | + | 13 the building owner is not able to be contacted or the | |
| 803 | + | 14 building owner or occupant refuses to grant access and | |
| 804 | + | 15 permission to replace the entire service line at the time | |
| 805 | + | 16 of the emergency repair, then the community water supply | |
| 806 | + | 17 may perform a partial lead service line replacement. Where | |
| 807 | + | 18 an emergency repair on a service line constructed of lead | |
| 808 | + | 19 or galvanized steel pipe results in a partial service line | |
| 809 | + | 20 replacement, the water supply responsible for commencing | |
| 810 | + | 21 the repair shall perform the following: | |
| 811 | + | 22 (A) Notify the building's owner or operator and | |
| 812 | + | 23 the resident or residents served by the lead service | |
| 813 | + | 24 line in writing that a repair has been completed. The | |
| 814 | + | 25 notification shall include, at a minimum: | |
| 815 | + | 26 (i) a warning that the work may result in | |
| 816 | + | ||
| 817 | + | ||
| 818 | + | ||
| 819 | + | ||
| 820 | + | ||
| 821 | + | HB2776 Enrolled - 23 - LRB103 28485 CPF 54866 b | |
| 822 | + | ||
| 823 | + | ||
| 824 | + | HB2776 Enrolled- 24 -LRB103 28485 CPF 54866 b HB2776 Enrolled - 24 - LRB103 28485 CPF 54866 b | |
| 825 | + | HB2776 Enrolled - 24 - LRB103 28485 CPF 54866 b | |
| 826 | + | 1 sediment, possibly containing lead, in the | |
| 827 | + | 2 buildings water supply system; | |
| 828 | + | 3 (ii) information concerning practices for | |
| 829 | + | 4 preventing the consumption of any lead in drinking | |
| 830 | + | 5 water, including a recommendation to flush water | |
| 831 | + | 6 distribution pipe during and after the completion | |
| 832 | + | 7 of the repair or replacement work and to clean | |
| 833 | + | 8 faucet aerator screens; and | |
| 834 | + | 9 (iii) information regarding the dangers of | |
| 835 | + | 10 lead to young children and pregnant women. | |
| 836 | + | 11 (B) Provide filters for at least one fixture | |
| 837 | + | 12 supplying potable water for consumption. The filter | |
| 838 | + | 13 must be certified by an accredited third-party | |
| 839 | + | 14 certification body to NSF/ANSI 53 and NSF/ANSI 42 for | |
| 840 | + | 15 the reduction of lead and particulate. The filter must | |
| 841 | + | 16 be provided until such time that the remaining | |
| 842 | + | 17 portions of the service line have been replaced with a | |
| 843 | + | 18 material approved by the Department or a waiver has | |
| 844 | + | 19 been issued under subsection (ii). | |
| 845 | + | 20 (C) Replace the remaining portion of the lead | |
| 846 | + | 21 service line within 30 days of the repair, or 120 days | |
| 847 | + | 22 in the event of weather or other circumstances beyond | |
| 848 | + | 23 reasonable control that prohibits construction. If a | |
| 849 | + | 24 complete lead service line replacement cannot be made | |
| 850 | + | 25 within the required period, the community water supply | |
| 851 | + | 26 responsible for commencing the repair shall notify the | |
| 852 | + | ||
| 853 | + | ||
| 854 | + | ||
| 855 | + | ||
| 856 | + | ||
| 857 | + | HB2776 Enrolled - 24 - LRB103 28485 CPF 54866 b | |
| 858 | + | ||
| 859 | + | ||
| 860 | + | HB2776 Enrolled- 25 -LRB103 28485 CPF 54866 b HB2776 Enrolled - 25 - LRB103 28485 CPF 54866 b | |
| 861 | + | HB2776 Enrolled - 25 - LRB103 28485 CPF 54866 b | |
| 862 | + | 1 Department in writing, at a minimum, of the following | |
| 863 | + | 2 within 24 hours of the repair: | |
| 864 | + | 3 (i) an explanation of why it is not feasible | |
| 865 | + | 4 to replace the remaining portion of the lead | |
| 866 | + | 5 service line within the allotted time; and | |
| 867 | + | 6 (ii) a timeline for when the remaining portion | |
| 868 | + | 7 of the lead service line will be replaced. | |
| 869 | + | 8 (D) If complete repair of a lead service line | |
| 870 | + | 9 cannot be completed due to denial by the property | |
| 871 | + | 10 owner, the community water supply commencing the | |
| 872 | + | 11 repair shall request the affected property owner to | |
| 873 | + | 12 sign a waiver developed by the Department. If a | |
| 874 | + | 13 property owner of a nonresidential building or | |
| 875 | + | 14 residence operating as rental properties denies a | |
| 876 | + | 15 complete lead service line replacement, the property | |
| 877 | + | 16 owner shall be responsible for installing and | |
| 878 | + | 17 maintaining point-of-use filters certified by an | |
| 879 | + | 18 accredited third-party certification body to NSF/ANSI | |
| 880 | + | 19 53 and NSF/ANSI 42 for the reduction of lead and | |
| 881 | + | 20 particulate at all fixtures intended to supply water | |
| 882 | + | 21 for the purposes of drinking, food preparation, or | |
| 883 | + | 22 making baby formula. The filters shall continue to be | |
| 884 | + | 23 supplied by the property owner until such time that | |
| 885 | + | 24 the property owner has affected the remaining portions | |
| 886 | + | 25 of the lead service line to be replaced. | |
| 887 | + | 26 (E) Document any remaining lead service line, | |
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| 898 | + | 1 including a portion on the private side of the | |
| 899 | + | 2 property, in the community water supply's distribution | |
| 900 | + | 3 system materials inventory required under subsection | |
| 901 | + | 4 (d). | |
| 902 | + | 5 For the purposes of this paragraph (1), written notice | |
| 903 | + | 6 shall be provided in the method and according to the | |
| 904 | + | 7 provisions of subsection (jj). | |
| 905 | + | 8 (2) Lead service lines that are physically | |
| 906 | + | 9 disconnected from the distribution system are exempt from | |
| 907 | + | 10 this subsection. | |
| 908 | + | 11 (gg) Except as provided in subsection (hh), on and after | |
| 909 | + | 12 January 1, 2022, when the owner or operator of a community | |
| 910 | + | 13 water supply replaces a water main, the community water supply | |
| 911 | + | 14 shall identify all lead service lines connected to the water | |
| 912 | + | 15 main and shall replace the lead service lines by: | |
| 913 | + | 16 (1) identifying the material or materials of each lead | |
| 914 | + | 17 service line connected to the water main, including, but | |
| 915 | + | 18 not limited to, any portion of the service line (i) | |
| 916 | + | 19 running on private property and (ii) within the building | |
| 917 | + | 20 plumbing at the first shut-off valve or 18 inches inside | |
| 918 | + | 21 the building, whichever is shorter; | |
| 919 | + | 22 (2) in conjunction with replacement of the water main, | |
| 920 | + | 23 replacing any and all portions of each lead service line | |
| 921 | + | 24 connected to the water main that are composed of lead; and | |
| 922 | + | 25 (3) if a property owner or customer refuses to grant | |
| 923 | + | 26 access to the property, following prescribed notice | |
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| 934 | + | 1 provisions as outlined in subsection (ff). | |
| 935 | + | 2 If an owner of a potentially affected building intends to | |
| 936 | + | 3 replace a portion of a lead service line or a galvanized | |
| 937 | + | 4 service line and the galvanized service line is or was | |
| 938 | + | 5 connected downstream to lead piping, then the owner of the | |
| 939 | + | 6 potentially affected building shall provide the owner or | |
| 940 | + | 7 operator of the community water supply with notice at least 45 | |
| 941 | + | 8 days before commencing the work. In the case of an emergency | |
| 942 | + | 9 repair, the owner of the potentially affected building must | |
| 943 | + | 10 provide filters for each kitchen area that are certified by an | |
| 944 | + | 11 accredited third-party certification body to NSF/ANSI 53 and | |
| 945 | + | 12 NSF/ANSI 42 for the reduction of lead and particulate. If the | |
| 946 | + | 13 owner of the potentially affected building notifies the owner | |
| 947 | + | 14 or operator of the community water supply that replacement of | |
| 948 | + | 15 a portion of the lead service line after the emergency repair | |
| 949 | + | 16 is completed, then the owner or operator of the community | |
| 950 | + | 17 water supply shall replace the remainder of the lead service | |
| 951 | + | 18 line within 30 days after completion of the emergency repair. | |
| 952 | + | 19 A community water supply may take up to 120 days if necessary | |
| 953 | + | 20 due to weather conditions. If a replacement takes longer than | |
| 954 | + | 21 30 days, filters provided by the owner of the potentially | |
| 955 | + | 22 affected building must be replaced in accordance with the | |
| 956 | + | 23 manufacturer's recommendations. Partial lead service line | |
| 957 | + | 24 replacements by the owners of potentially affected buildings | |
| 958 | + | 25 are otherwise prohibited. | |
| 959 | + | 26 (hh) For municipalities with a population in excess of | |
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| 970 | + | 1 1,000,000 inhabitants, the requirements of subsection (gg) | |
| 971 | + | 2 shall commence on January 1, 2023. | |
| 972 | + | 3 (ii) At least 45 days before conducting planned lead | |
| 973 | + | 4 service line replacement, the owner or operator of a community | |
| 974 | + | 5 water supply shall, by mail, attempt to contact the owner of | |
| 975 | + | 6 the potentially affected building serviced by the lead service | |
| 976 | + | 7 line to request access to the building and permission to | |
| 977 | + | 8 replace the lead service line in accordance with the lead | |
| 978 | + | 9 service line replacement plan. If the owner of the potentially | |
| 979 | + | 10 affected building does not respond to the request within 15 | |
| 980 | + | 11 days after the request is sent, the owner or operator of the | |
| 981 | + | 12 community water supply shall attempt to post the request on | |
| 982 | + | 13 the entrance of the potentially affected building. | |
| 983 | + | 14 If the owner or operator of a community water supply is | |
| 984 | + | 15 unable to obtain approval to access and replace a lead service | |
| 985 | + | 16 line, the owner or operator of the community water supply | |
| 986 | + | 17 shall request that the owner of the potentially affected | |
| 987 | + | 18 building sign a waiver. The waiver shall be developed by the | |
| 988 | + | 19 Department and should be made available in the owner's | |
| 989 | + | 20 language. If the owner of the potentially affected building | |
| 990 | + | 21 refuses to sign the waiver or fails to respond to the community | |
| 991 | + | 22 water supply after the community water supply has complied | |
| 992 | + | 23 with this subsection, then the community water supply shall | |
| 993 | + | 24 notify the Department in writing within 15 working days. | |
| 994 | + | 25 (jj) When replacing a lead service line or repairing or | |
| 995 | + | 26 replacing water mains with lead service lines or partial lead | |
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| 1006 | + | 1 service lines attached to them, the owner or operator of a | |
| 1007 | + | 2 community water supply shall provide the owner of each | |
| 1008 | + | 3 potentially affected building that is serviced by the affected | |
| 1009 | + | 4 lead service lines or partial lead service lines, as well as | |
| 1010 | + | 5 the occupants of those buildings, with an individual written | |
| 1011 | + | 6 notice. The notice shall be delivered by mail or posted at the | |
| 1012 | + | 7 primary entranceway of the building. The notice must may, in | |
| 1013 | + | 8 addition, be electronically mailed where an electronic mailing | |
| 1014 | + | 9 address is known or can be reasonably obtained. Written notice | |
| 1015 | + | 10 shall include, at a minimum, the following: | |
| 1016 | + | 11 (1) a warning that the work may result in sediment, | |
| 1017 | + | 12 possibly containing lead from the service line, in the | |
| 1018 | + | 13 building's water; | |
| 1019 | + | 14 (2) information concerning the best practices for | |
| 1020 | + | 15 preventing exposure to or risk of consumption of lead in | |
| 1021 | + | 16 drinking water, including a recommendation to flush water | |
| 1022 | + | 17 lines during and after the completion of the repair or | |
| 1023 | + | 18 replacement work and to clean faucet aerator screens; and | |
| 1024 | + | 19 (3) information regarding the dangers of lead exposure | |
| 1025 | + | 20 to young children and pregnant women. | |
| 1026 | + | 21 When the individual written notice described in the first | |
| 1027 | + | 22 paragraph of this subsection is required as a result of | |
| 1028 | + | 23 planned work other than the repair or replacement of a water | |
| 1029 | + | 24 meter, the owner or operator of the community water supply | |
| 1030 | + | 25 shall provide the notice not less than 14 days before work | |
| 1031 | + | 26 begins. When the individual written notice described in the | |
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| 1042 | + | 1 first paragraph of this subsection is required as a result of | |
| 1043 | + | 2 emergency repairs other than the repair or replacement of a | |
| 1044 | + | 3 water meter, the owner or operator of the community water | |
| 1045 | + | 4 supply shall provide the notice at the time the work is | |
| 1046 | + | 5 initiated. When the individual written notice described in the | |
| 1047 | + | 6 first paragraph of this subsection is required as a result of | |
| 1048 | + | 7 the repair or replacement of a water meter, the owner or | |
| 1049 | + | 8 operator of the community water supply shall provide the | |
| 1050 | + | 9 notice at the time the work is initiated. | |
| 1051 | + | 10 The notifications required under this subsection must | |
| 1052 | + | 11 contain the following statement in Spanish, Polish, Chinese, | |
| 1053 | + | 12 Tagalog, Arabic, Korean, German, Urdu, and Gujarati: "This | |
| 1054 | + | 13 notice contains important information about your water service | |
| 1055 | + | 14 and may affect your rights. We encourage you to have this | |
| 1056 | + | 15 notice translated in full into a language you understand and | |
| 1057 | + | 16 before you make any decisions that may be required under this | |
| 1058 | + | 17 notice." | |
| 1059 | + | 18 An owner or operator of a community water supply that is | |
| 1060 | + | 19 required under this subsection to provide an individual | |
| 1061 | + | 20 written notice to the owner and occupant of a potentially | |
| 1062 | + | 21 affected building that is a multi-dwelling building may | |
| 1063 | + | 22 satisfy that requirement and the requirements of this | |
| 1064 | + | 23 subsection regarding notification to non-English speaking | |
| 1065 | + | 24 customers by posting the required notice on the primary | |
| 1066 | + | 25 entranceway of the building and at the location where the | |
| 1067 | + | 26 occupant's mail is delivered as reasonably as possible. | |
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| 1078 | + | 1 When this subsection would require the owner or operator | |
| 1079 | + | 2 of a community water supply to provide an individual written | |
| 1080 | + | 3 notice to the entire community served by the community water | |
| 1081 | + | 4 supply or would require the owner or operator of a community | |
| 1082 | + | 5 water supply to provide individual written notices as a result | |
| 1083 | + | 6 of emergency repairs or when the community water supply that | |
| 1084 | + | 7 is required to comply with this subsection is a small system, | |
| 1085 | + | 8 the owner or operator of the community water supply may | |
| 1086 | + | 9 provide the required notice through local media outlets, | |
| 1087 | + | 10 social media, or other similar means in lieu of providing the | |
| 1088 | + | 11 individual written notices otherwise required under this | |
| 1089 | + | 12 subsection. | |
| 1090 | + | 13 No notifications are required under this subsection for | |
| 1091 | + | 14 work performed on water mains that are used to transmit | |
| 1092 | + | 15 treated water between community water supplies and properties | |
| 1093 | + | 16 that have no service connections. | |
| 1094 | + | 17 (kk) No community water supply that sells water to any | |
| 1095 | + | 18 wholesale or retail consecutive community water supply may | |
| 1096 | + | 19 pass on any costs associated with compliance with this Section | |
| 1097 | + | 20 to consecutive systems. | |
| 1098 | + | 21 (ll) To the extent allowed by law, when a community water | |
| 1099 | + | 22 supply replaces or installs a lead service line in a public | |
| 1100 | + | 23 right-of-way or enters into an agreement with a private | |
| 1101 | + | 24 contractor for replacement or installation of a lead service | |
| 1102 | + | 25 line, the community water supply shall be held harmless for | |
| 1103 | + | 26 all damage to property when replacing or installing the lead | |
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| 1114 | + | 1 service line. If dangers are encountered that prevent the | |
| 1115 | + | 2 replacement of the lead service line, the community water | |
| 1116 | + | 3 supply shall notify the Department within 15 working days of | |
| 1117 | + | 4 why the replacement of the lead service line could not be | |
| 1118 | + | 5 accomplished. | |
| 1119 | + | 6 (mm) The Agency may propose to the Board, and the Board may | |
| 1120 | + | 7 adopt, any rules necessary to implement and administer this | |
| 1121 | + | 8 Section. The Department may adopt rules necessary to address | |
| 1122 | + | 9 lead service lines attached to non-community water supplies. | |
| 1123 | + | 10 (nn) Notwithstanding any other provision in this Section, | |
| 1124 | + | 11 no requirement in this Section shall be construed as being | |
| 1125 | + | 12 less stringent than existing applicable federal requirements. | |
| 1126 | + | 13 (oo) All lead service line replacements financed in whole | |
| 1127 | + | 14 or in part with funds obtained under this Section shall be | |
| 1128 | + | 15 considered public works for purposes of the Prevailing Wage | |
| 1129 | + | 16 Act. | |
| 1130 | + | 17 (pp) Beginning in 2023, each municipality with a | |
| 1131 | + | 18 population of more than 1,000,000 inhabitants shall publicly | |
| 1132 | + | 19 post on its website data describing progress the municipality | |
| 1133 | + | 20 has made toward replacing lead service lines within the | |
| 1134 | + | 21 municipality. The data required to be posted under this | |
| 1135 | + | 22 subsection shall be the same information required to be | |
| 1136 | + | 23 reported under paragraphs (1) through (4) of subsection (t-5) | |
| 1137 | + | 24 of this Section. Beginning in 2024, each municipality that is | |
| 1138 | + | 25 subject to this subsection shall annually update the data | |
| 1139 | + | 26 posted on its website under this subsection. A municipality's | |
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| 1150 | + | 1 duty to post data under this subsection terminates only when | |
| 1151 | + | 2 all lead service lines within the municipality have been | |
| 1152 | + | 3 replaced. Nothing in this subsection (pp) shall be construed | |
| 1153 | + | 4 to replace, undermine, conflict with, or otherwise amend the | |
| 1154 | + | 5 responsibilities and requirements set forth in subsection | |
| 1155 | + | 6 (t-5) of this Section. | |
| 1156 | + | 7 (Source: P.A. 102-613, eff. 1-1-22; 102-813, eff. 5-13-22.) | |
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