Illinois 2023-2024 Regular Session

Illinois House Bill HB4752 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4752 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: 415 ILCS 5/17.12 Amends the Environmental Protection Act. Allows the Illinois Environmental Protection Agency to grant a community water supply an initial extension of the lead service line replacement timeline for a period of a time that is equal to not more than 30% (rather than not more than 20%) of the original lead service line replacement timeline. LRB103 37430 JAG 67552 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4752 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: 415 ILCS 5/17.12 415 ILCS 5/17.12 Amends the Environmental Protection Act. Allows the Illinois Environmental Protection Agency to grant a community water supply an initial extension of the lead service line replacement timeline for a period of a time that is equal to not more than 30% (rather than not more than 20%) of the original lead service line replacement timeline. LRB103 37430 JAG 67552 b LRB103 37430 JAG 67552 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4752 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
3	3	415 ILCS 5/17.12 415 ILCS 5/17.12
4	4	415 ILCS 5/17.12
5	5	Amends the Environmental Protection Act. Allows the Illinois Environmental Protection Agency to grant a community water supply an initial extension of the lead service line replacement timeline for a period of a time that is equal to not more than 30% (rather than not more than 20%) of the original lead service line replacement timeline.
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7	7	LRB103 37430 JAG 67552 b
8	8	A BILL FOR
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10	10	HB4752 LRB103 37430 JAG 67552 b
11	11	1 AN ACT concerning safety.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Environmental Protection Act is amended by
15	15	5 changing Section 17.12 as follows:
16	16	6 (415 ILCS 5/17.12)
17	17	7 Sec. 17.12. Lead service line replacement and
18	18	8 notification.
19	19	9 (a) The purpose of this Act is to: (1) require the owners
20	20	10 and operators of community water supplies to develop,
21	21	11 implement, and maintain a comprehensive water service line
22	22	12 material inventory and a comprehensive lead service line
23	23	13 replacement plan, provide notice to occupants of potentially
24	24	14 affected buildings before any construction or repair work on
25	25	15 water mains or lead service lines, and request access to
26	26	16 potentially affected buildings before replacing lead service
27	27	17 lines; and (2) prohibit partial lead service line
28	28	18 replacements, except as authorized within this Section.
29	29	19 (b) The General Assembly finds and declares that:
30	30	20 (1) There is no safe level of exposure to heavy metal
31	31	21 lead, as found by the United States Environmental
32	32	22 Protection Agency and the Centers for Disease Control and
33	33	23 Prevention.
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4752 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
38	38	415 ILCS 5/17.12 415 ILCS 5/17.12
39	39	415 ILCS 5/17.12
40	40	Amends the Environmental Protection Act. Allows the Illinois Environmental Protection Agency to grant a community water supply an initial extension of the lead service line replacement timeline for a period of a time that is equal to not more than 30% (rather than not more than 20%) of the original lead service line replacement timeline.
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43	43	A BILL FOR
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68	68	1 (2) Lead service lines can convey this harmful
69	69	2 substance to the drinking water supply.
70	70	3 (3) According to the Illinois Environmental Protection
71	71	4 Agency's 2018 Service Line Material Inventory, the State
72	72	5 of Illinois is estimated to have over 680,000 lead-based
73	73	6 service lines still in operation.
74	74	7 (4) The true number of lead service lines is not fully
75	75	8 known because Illinois lacks an adequate inventory of lead
76	76	9 service lines.
77	77	10 (5) For the general health, safety, and welfare of its
78	78	11 residents, all lead service lines in Illinois should be
79	79	12 disconnected from the drinking water supply, and the
80	80	13 State's drinking water supply.
81	81	14 (c) In this Section:
82	82	15 "Advisory Board" means the Lead Service Line Replacement
83	83	16 Advisory Board created under subsection (x).
84	84	17 "Community water supply" has the meaning ascribed to it in
85	85	18 Section 3.145 of this Act.
86	86	19 "Department" means the Department of Public Health.
87	87	20 "Emergency repair" means any unscheduled water main, water
88	88	21 service, or water valve repair or replacement that results
89	89	22 from failure or accident.
90	90	23 "Fund" means the Lead Service Line Replacement Fund
91	91	24 created under subsection (bb).
92	92	25 "Lead service line" means a service line made of lead or
93	93	26 service line connected to a lead pigtail, lead gooseneck, or
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104	104	1 other lead fitting.
105	105	2 "Material inventory" means a water service line material
106	106	3 inventory developed by a community water supply under this
107	107	4 Act.
108	108	5 "Non-community water supply" has the meaning ascribed to
109	109	6 it in Section 3.145 of the Environmental Protection Act.
110	110	7 "NSF/ANSI Standard" means a water treatment standard
111	111	8 developed by NSF International.
112	112	9 "Partial lead service line replacement" means replacement
113	113	10 of only a portion of a lead service line.
114	114	11 "Potentially affected building" means any building that is
115	115	12 provided water service through a service line that is either a
116	116	13 lead service line or a suspected lead service line.
117	117	14 "Public water supply" has the meaning ascribed to it in
118	118	15 Section 3.365 of this Act.
119	119	16 "Service line" means the piping, tubing, and necessary
120	120	17 appurtenances acting as a conduit from the water main or
121	121	18 source of potable water supply to the building plumbing at the
122	122	19 first shut-off valve or 18 inches inside the building,
123	123	20 whichever is shorter.
124	124	21 "Suspected lead service line" means a service line that a
125	125	22 community water supply finds more likely than not to be made of
126	126	23 lead after completing the requirements under paragraphs (2)
127	127	24 through (5) of subsection (h).
128	128	25 "Small system" means a community water supply that
129	129	26 regularly serves water to 3,300 or fewer persons.
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140	140	1 (d) An owner or operator of a community water supply
141	141	2 shall:
142	142	3 (1) develop an initial material inventory by April 15,
143	143	4 2022 and electronically submit by April 15, 2023 an
144	144	5 updated material inventory electronically to the Agency;
145	145	6 and
146	146	7 (2) deliver a complete material inventory to the
147	147	8 Agency no later than April 15, 2024, or such time as
148	148	9 required by federal law, whichever is sooner. The complete
149	149	10 inventory shall report the composition of all service
150	150	11 lines in the community water supply's distribution system.
151	151	12 (e) The Agency shall review and approve the final material
152	152	13 inventory submitted to it under subsection (d).
153	153	14 (f) If a community water supply does not submit a complete
154	154	15 inventory to the Agency by April 15, 2024 under paragraph (2)
155	155	16 of subsection (d), the community water supply may apply for an
156	156	17 extension to the Agency no less than 3 months prior to the due
157	157	18 date. The Agency shall develop criteria for granting material
158	158	19 inventory extensions. When considering requests for extension,
159	159	20 the Agency shall, at a minimum, consider:
160	160	21 (1) the number of service connections in a water
161	161	22 supply; and
162	162	23 (2) the number of service lines of an unknown material
163	163	24 composition.
164	164	25 (g) A material inventory prepared for a community water
165	165	26 supply under subsection (d) shall identify:
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176	176	1 (1) the total number of service lines connected to the
177	177	2 community water supply's distribution system;
178	178	3 (2) the materials of construction of each service line
179	179	4 connected to the community water supply's distribution
180	180	5 system;
181	181	6 (3) the number of suspected lead service lines that
182	182	7 were newly identified in the material inventory for the
183	183	8 community water supply after the community water supply
184	184	9 last submitted a service line inventory to the Agency; and
185	185	10 (4) the number of suspected or known lead service
186	186	11 lines that were replaced after the community water supply
187	187	12 last submitted a service line inventory to the Agency, and
188	188	13 the material of the service line that replaced each lead
189	189	14 service line.
190	190	15 When identifying the materials of construction under
191	191	16 paragraph (2) of this subsection, the owner or operator of the
192	192	17 community water supply shall to the best of the owner's or
193	193	18 operator's ability identify the type of construction material
194	194	19 used on the customer's side of the curb box, meter, or other
195	195	20 line of demarcation and the community water supply's side of
196	196	21 the curb box, meter, or other line of demarcation.
197	197	22 (h) In completing a material inventory under subsection
198	198	23 (d), the owner or operator of a community water supply shall:
199	199	24 (1) prioritize inspections of high-risk areas
200	200	25 identified by the community water supply and inspections
201	201	26 of high-risk facilities, such as preschools, day care
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212	212	1 centers, day care homes, group day care homes, parks,
213	213	2 playgrounds, hospitals, and clinics, and confirm service
214	214	3 line materials in those areas and at those facilities;
215	215	4 (2) review historical documentation, such as
216	216	5 construction logs or cards, as-built drawings, purchase
217	217	6 orders, and subdivision plans, to determine service line
218	218	7 material construction;
219	219	8 (3) when conducting distribution system maintenance,
220	220	9 visually inspect service lines and document materials of
221	221	10 construction;
222	222	11 (4) identify any time period when the service lines
223	223	12 being connected to its distribution system were primarily
224	224	13 lead service lines, if such a time period is known or
225	225	14 suspected; and
226	226	15 (5) discuss service line repair and installation with
227	227	16 its employees, contractors, plumbers, other workers who
228	228	17 worked on service lines connected to its distribution
229	229	18 system, or all of the above.
230	230	19 (i) The owner or operator of each community water supply
231	231	20 shall maintain records of persons who refuse to grant access
232	232	21 to the interior of a building for purposes of identifying the
233	233	22 materials of construction of a service line. If a community
234	234	23 water supply has been denied access on the property or to the
235	235	24 interior of a building for that reason, then the community
236	236	25 water supply shall attempt to identify the service line as a
237	237	26 suspected lead service line, unless documentation is provided
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248	248	1 showing otherwise.
249	249	2 (j) If a community water supply identifies a lead service
250	250	3 line connected to a building, the owner or operator of the
251	251	4 community water supply shall attempt to notify the owner of
252	252	5 the building and all occupants of the building of the
253	253	6 existence of the lead service line within 15 days after
254	254	7 identifying the lead service line, or as soon as is reasonably
255	255	8 possible thereafter. Individual written notice shall be given
256	256	9 according to the provisions of subsection (jj).
257	257	10 (k) An owner or operator of a community water supply has no
258	258	11 duty to include in the material inventory required under
259	259	12 subsection (d) information about service lines that are
260	260	13 physically disconnected from a water main in its distribution
261	261	14 system.
262	262	15 (l) The owner or operator of each community water supply
263	263	16 shall post on its website a copy of the most recently submitted
264	264	17 material inventory or alternatively may request that the
265	265	18 Agency post a copy of that material inventory on the Agency's
266	266	19 website.
267	267	20 (m) Nothing in this Section shall be construed to require
268	268	21 service lines to be unearthed for the sole purpose of
269	269	22 inventorying.
270	270	23 (n) When an owner or operator of a community water supply
271	271	24 awards a contract under this Section, the owner or operator
272	272	25 shall make a good faith effort to use contractors and vendors
273	273	26 owned by minority persons, women, and persons with a
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284	284	1 disability, as those terms are defined in Section 2 of the
285	285	2 Business Enterprise for Minorities, Women, and Persons with
286	286	3 Disabilities Act, for not less than 20% of the total
287	287	4 contracts, provided that:
288	288	5 (1) contracts representing at least 11% of the total
289	289	6 projects shall be awarded to minority-owned businesses, as
290	290	7 defined in Section 2 of the Business Enterprise for
291	291	8 Minorities, Women, and Persons with Disabilities Act;
292	292	9 (2) contracts representing at least 7% of the total
293	293	10 projects shall be awarded to women-owned businesses, as
294	294	11 defined in Section 2 of the Business Enterprise for
295	295	12 Minorities, Women, and Persons with Disabilities Act; and
296	296	13 (3) contracts representing at least 2% of the total
297	297	14 projects shall be awarded to businesses owned by persons
298	298	15 with a disability.
299	299	16 Owners or operators of a community water supply are
300	300	17 encouraged to divide projects, whenever economically feasible,
301	301	18 into contracts of smaller size that ensure small business
302	302	19 contractors or vendors shall have the ability to qualify in
303	303	20 the applicable bidding process, when determining the ability
304	304	21 to deliver on a given contract based on scope and size, as a
305	305	22 responsible and responsive bidder.
306	306	23 When a contractor or vendor submits a bid or letter of
307	307	24 intent in response to a request for proposal or other bid
308	308	25 submission, the contractor or vendor shall include with its
309	309	26 responsive documents a utilization plan that shall address how
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320	320	1 compliance with applicable good faith requirements set forth
321	321	2 in this subsection shall be addressed.
322	322	3 Under this subsection, "good faith effort" means a
323	323	4 community water supply has taken all necessary steps to comply
324	324	5 with the goals of this subsection by complying with the
325	325	6 following:
326	326	7 (1) Soliciting through reasonable and available means
327	327	8 the interest of a business, as defined in Section 2 of the
328	328	9 Business Enterprise for Minorities, Women, and Persons
329	329	10 with Disabilities Act, that have the capability to perform
330	330	11 the work of the contract. The community water supply must
331	331	12 solicit this interest within sufficient time to allow
332	332	13 certified businesses to respond.
333	333	14 (2) Providing interested certified businesses with
334	334	15 adequate information about the plans, specifications, and
335	335	16 requirements of the contract, including addenda, in a
336	336	17 timely manner to assist them in responding to the
337	337	18 solicitation.
338	338	19 (3) Meeting in good faith with interested certified
339	339	20 businesses that have submitted bids.
340	340	21 (4) Effectively using the services of the State,
341	341	22 minority or women community organizations, minority or
342	342	23 women contractor groups, local, State, and federal
343	343	24 minority or women business assistance offices, and other
344	344	25 organizations to provide assistance in the recruitment and
345	345	26 placement of certified businesses.
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356	356	1 (5) Making efforts to use appropriate forums for
357	357	2 purposes of advertising subcontracting opportunities
358	358	3 suitable for certified businesses.
359	359	4 The diversity goals defined in this subsection can be met
360	360	5 through direct award to diverse contractors and through the
361	361	6 use of diverse subcontractors and diverse vendors to
362	362	7 contracts.
363	363	8 (o) An owner or operator of a community water supply shall
364	364	9 collect data necessary to ensure compliance with subsection
365	365	10 (n) no less than semi-annually and shall include progress
366	366	11 toward compliance of subsection (n) in the owner or operator's
367	367	12 report required under subsection (t-5). The report must
368	368	13 include data on vendor and employee diversity, including data
369	369	14 on the owner's or operator's implementation of subsection (n).
370	370	15 (p) Every owner or operator of a community water supply
371	371	16 that has known or suspected lead service lines shall:
372	372	17 (1) create a plan to:
373	373	18 (A) replace each lead service line connected to
374	374	19 its distribution system; and
375	375	20 (B) replace each galvanized service line connected
376	376	21 to its distribution system, if the galvanized service
377	377	22 line is or was connected downstream to lead piping;
378	378	23 and
379	379	24 (2) electronically submit, by April 15, 2024 its
380	380	25 initial lead service line replacement plan to the Agency;
381	381	26 (3) electronically submit by April 15 of each year
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392	392	1 after 2024 until April 15, 2027 an updated lead service
393	393	2 line replacement plan to the Agency for review; the
394	394	3 updated replacement plan shall account for changes in the
395	395	4 number of lead service lines or unknown service lines in
396	396	5 the material inventory described in subsection (d);
397	397	6 (4) electronically submit by April 15, 2027 a complete
398	398	7 and final replacement plan to the Agency for approval; the
399	399	8 complete and final replacement plan shall account for all
400	400	9 known and suspected lead service lines documented in the
401	401	10 final material inventory described under paragraph (3) of
402	402	11 subsection (d); and
403	403	12 (5) post on its website a copy of the plan most
404	404	13 recently submitted to the Agency or may request that the
405	405	14 Agency post a copy of that plan on the Agency's website.
406	406	15 (q) Each plan required under paragraph (1) of subsection
407	407	16 (p) shall include the following:
408	408	17 (1) the name and identification number of the
409	409	18 community water supply;
410	410	19 (2) the total number of service lines connected to the
411	411	20 distribution system of the community water supply;
412	412	21 (3) the total number of suspected lead service lines
413	413	22 connected to the distribution system of the community
414	414	23 water supply;
415	415	24 (4) the total number of known lead service lines
416	416	25 connected to the distribution system of the community
417	417	26 water supply;
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428	428	1 (5) the total number of lead service lines connected
429	429	2 to the distribution system of the community water supply
430	430	3 that have been replaced each year beginning in 2020;
431	431	4 (6) a proposed lead service line replacement schedule
432	432	5 that includes one-year, 5-year, 10-year, 15-year, 20-year,
433	433	6 25-year, and 30-year goals;
434	434	7 (7) an analysis of costs and financing options for
435	435	8 replacing the lead service lines connected to the
436	436	9 community water supply's distribution system, which shall
437	437	10 include, but shall not be limited to:
438	438	11 (A) a detailed accounting of costs associated with
439	439	12 replacing lead service lines and galvanized lines that
440	440	13 are or were connected downstream to lead piping;
441	441	14 (B) measures to address affordability and prevent
442	442	15 service shut-offs for customers or ratepayers; and
443	443	16 (C) consideration of different scenarios for
444	444	17 structuring payments between the utility and its
445	445	18 customers over time; and
446	446	19 (8) a plan for prioritizing high-risk facilities, such
447	447	20 as preschools, day care centers, day care homes, group day
448	448	21 care homes, parks, playgrounds, hospitals, and clinics, as
449	449	22 well as high-risk areas identified by the community water
450	450	23 supply;
451	451	24 (9) a map of the areas where lead service lines are
452	452	25 expected to be found and the sequence with which those
453	453	26 areas will be inventoried and lead service lines replaced;
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464	464	1 (10) measures for how the community water supply will
465	465	2 inform the public of the plan and provide opportunity for
466	466	3 public comment; and
467	467	4 (11) measures to encourage diversity in hiring in the
468	468	5 workforce required to implement the plan as identified
469	469	6 under subsection (n).
470	470	7 (r) The Agency shall review final plans submitted to it
471	471	8 under subsection (p). The Agency shall approve a final plan if
472	472	9 the final plan includes all of the elements set forth under
473	473	10 subsection (q) and the Agency determines that:
474	474	11 (1) the proposed lead service line replacement
475	475	12 schedule set forth in the plan aligns with the timeline
476	476	13 requirements set forth under subsection (v);
477	477	14 (2) the plan prioritizes the replacement of lead
478	478	15 service lines that provide water service to high-risk
479	479	16 facilities, such as preschools, day care centers, day care
480	480	17 homes, group day care homes, parks, playgrounds,
481	481	18 hospitals, and clinics, and high-risk areas identified by
482	482	19 the community water supply;
483	483	20 (3) the plan includes analysis of cost and financing
484	484	21 options; and
485	485	22 (4) the plan provides documentation of public review.
486	486	23 (s) An owner or operator of a community water supply has no
487	487	24 duty to include in the plans required under subsection (p)
488	488	25 information about service lines that are physically
489	489	26 disconnected from a water main in its distribution system.
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500	500	1 (t) If a community water supply does not deliver a
501	501	2 complete plan to the Agency by April 15, 2027, the community
502	502	3 water supply may apply to the Agency for an extension no less
503	503	4 than 3 months prior to the due date. The Agency shall develop
504	504	5 criteria for granting plan extensions. When considering
505	505	6 requests for extension, the Agency shall, at a minimum,
506	506	7 consider:
507	507	8 (1) the number of service connections in a water
508	508	9 supply; and
509	509	10 (2) the number of service lines of an unknown material
510	510	11 composition.
511	511	12 (t-5) After the Agency has approved the final replacement
512	512	13 plan described in subsection (p), the owner or operator of a
513	513	14 community water supply shall submit a report detailing
514	514	15 progress toward plan goals to the Agency for its review. The
515	515	16 report shall be submitted annually for the first 10 years, and
516	516	17 every 3 years thereafter until all lead service lines have
517	517	18 been replaced. Reports under this subsection shall be
518	518	19 published in the same manner described in subsection (l). The
519	519	20 report shall include at least the following information as it
520	520	21 pertains to the preceding reporting period:
521	521	22 (1) The number of lead service lines replaced and the
522	522	23 average cost of lead service line replacement.
523	523	24 (2) Progress toward meeting hiring requirements as
524	524	25 described in subsection (n) and subsection (o).
525	525	26 (3) The percent of customers electing a waiver
526	526
527	527
528	528
529	529
530	530
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532	532
533	533
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535	535	HB4752 - 15 - LRB103 37430 JAG 67552 b
536	536	1 offered, as described in subsections (ii) and (jj), among
537	537	2 those customers receiving a request or notification to
538	538	3 perform a lead service line replacement.
539	539	4 (4) The method or methods used by the community water
540	540	5 supply to finance lead service line replacement.
541	541	6 (u) Notwithstanding any other provision of law, in order
542	542	7 to provide for costs associated with lead service line
543	543	8 remediation and replacement, the corporate authorities of a
544	544	9 municipality may, by ordinance or resolution by the corporate
545	545	10 authorities, exercise authority provided in Section 27-5 et
546	546	11 seq. of the Property Tax Code and Sections 8-3-1, 8-11-1,
547	547	12 8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq.,
548	548	13 11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes
549	549	14 levied for this purpose shall be in addition to taxes for
550	550	15 general purposes authorized under Section 8-3-1 of the
551	551	16 Illinois Municipal Code and shall be included in the taxing
552	552	17 district's aggregate extension for the purposes of Division 5
553	553	18 of Article 18 of the Property Tax Code.
554	554	19 (v) Every owner or operator of a community water supply
555	555	20 shall replace all known lead service lines, subject to the
556	556	21 requirements of subsection (ff), according to the following
557	557	22 replacement rates and timelines to be calculated from the date
558	558	23 of submission of the final replacement plan to the Agency:
559	559	24 (1) A community water supply reporting 1,200 or fewer
560	560	25 lead service lines in its final inventory and replacement
561	561	26 plan shall replace all lead service lines, at an annual
562	562
563	563
564	564
565	565
566	566
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568	568
569	569
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571	571	HB4752 - 16 - LRB103 37430 JAG 67552 b
572	572	1 rate of no less than 7% of the amount described in the
573	573	2 final inventory, with a timeline of up to 15 years for
574	574	3 completion.
575	575	4 (2) A community water supply reporting more than 1,200
576	576	5 but fewer than 5,000 lead service lines in its final
577	577	6 inventory and replacement plan shall replace all lead
578	578	7 service lines, at an annual rate of no less than 6% of the
579	579	8 amount described in the final inventory, with a timeline
580	580	9 of up to 17 years for completion.
581	581	10 (3) A community water supply reporting more than 4,999
582	582	11 but fewer than 10,000 lead service lines in its final
583	583	12 inventory and replacement plan shall replace all lead
584	584	13 service lines, at an annual rate of no less than 5% of the
585	585	14 amount described in the final inventory, with a timeline
586	586	15 of up to 20 years for completion.
587	587	16 (4) A community water supply reporting more than 9,999
588	588	17 but fewer than 99,999 lead service lines in its final
589	589	18 inventory and replacement plan shall replace all lead
590	590	19 service lines, at an annual rate of no less than 3% of the
591	591	20 amount described in the final inventory, with a timeline
592	592	21 of up to 34 years for completion.
593	593	22 (5) A community water supply reporting more than
594	594	23 99,999 lead service lines in its final inventory and
595	595	24 replacement plan shall replace all lead service lines, at
596	596	25 an annual rate of no less than 2% of the amount described
597	597	26 in the final inventory, with a timeline of up to 50 years
598	598
599	599
600	600
601	601
602	602
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604	604
605	605
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607	607	HB4752 - 17 - LRB103 37430 JAG 67552 b
608	608	1 for completion.
609	609	2 (w) A community water supply may apply to the Agency for an
610	610	3 extension to the replacement timelines described in paragraphs
611	611	4 (1) through (5) of subsection (v). The Agency shall develop
612	612	5 criteria for granting replacement timeline extensions. When
613	613	6 considering requests for timeline extensions, the Agency
614	614	7 shall, at a minimum, consider:
615	615	8 (1) the number of service connections in a water
616	616	9 supply; and
617	617	10 (2) unusual circumstances creating hardship for a
618	618	11 community.
619	619	12 The Agency may grant one extension of additional time
620	620	13 equal to not more than 30% 20% of the original replacement
621	621	14 timeline, except in situations of extreme hardship in which
622	622	15 the Agency may consider a second additional extension equal to
623	623	16 not more than 10% of the original replacement timeline.
624	624	17 Replacement rates and timelines shall be calculated from
625	625	18 the date of submission of the final plan to the Agency.
626	626	19 (x) The Lead Service Line Replacement Advisory Board is
627	627	20 created within the Agency. The Advisory Board shall convene
628	628	21 within 120 days after January 1, 2022 (the effective date of
629	629	22 Public Act 102-613).
630	630	23 The Advisory Board shall consist of at least 28 voting
631	631	24 members, as follows:
632	632	25 (1) the Director of the Agency, or his or her
633	633	26 designee, who shall serve as chairperson;
634	634
635	635
636	636
637	637
638	638
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640	640
641	641
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643	643	HB4752 - 18 - LRB103 37430 JAG 67552 b
644	644	1 (2) the Director of Revenue, or his or her designee;
645	645	2 (3) the Director of Public Health, or his or her
646	646	3 designee;
647	647	4 (4) fifteen members appointed by the Agency as
648	648	5 follows:
649	649	6 (A) one member representing a statewide
650	650	7 organization of municipalities as authorized by
651	651	8 Section 1-8-1 of the Illinois Municipal Code;
652	652	9 (B) two members who are mayors representing
653	653	10 municipalities located in any county south of the
654	654	11 southernmost county represented by one of the 10
655	655	12 largest municipalities in Illinois by population, or
656	656	13 their respective designees;
657	657	14 (C) two members who are representatives from
658	658	15 public health advocacy groups;
659	659	16 (D) two members who are representatives from
660	660	17 publicly owned publicly-owned water utilities;
661	661	18 (E) one member who is a representative from a
662	662	19 public utility as defined under Section 3-105 of the
663	663	20 Public Utilities Act that provides water service in
664	664	21 the State of Illinois;
665	665	22 (F) one member who is a research professional
666	666	23 employed at an Illinois academic institution and
667	667	24 specializing in water infrastructure research;
668	668	25 (G) two members who are representatives from
669	669	26 nonprofit civic organizations;
670	670
671	671
672	672
673	673
674	674
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676	676
677	677
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679	679	HB4752 - 19 - LRB103 37430 JAG 67552 b
680	680	1 (H) one member who is a representative from a
681	681	2 statewide organization representing environmental
682	682	3 organizations;
683	683	4 (I) two members who are representatives from
684	684	5 organized labor; and
685	685	6 (J) one member representing an environmental
686	686	7 justice organization; and
687	687	8 (5) ten members who are the mayors of the 10 largest
688	688	9 municipalities in Illinois by population, or their
689	689	10 respective designees.
690	690	11 No less than 10 of the 28 voting members shall be persons
691	691	12 of color, and no less than 3 shall represent communities
692	692	13 defined or self-identified as environmental justice
693	693	14 communities.
694	694	15 Advisory Board members shall serve without compensation,
695	695	16 but may be reimbursed for necessary expenses incurred in the
696	696	17 performance of their duties from funds appropriated for that
697	697	18 purpose. The Agency shall provide administrative support to
698	698	19 the Advisory Board.
699	699	20 The Advisory Board shall meet no less than once every 6
700	700	21 months.
701	701	22 (y) The Advisory Board shall have, at a minimum, the
702	702	23 following duties:
703	703	24 (1) advising the Agency on best practices in lead
704	704	25 service line replacement;
705	705	26 (2) reviewing the progress of community water supplies
706	706
707	707
708	708
709	709
710	710
711	711	HB4752 - 19 - LRB103 37430 JAG 67552 b
712	712
713	713
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715	715	HB4752 - 20 - LRB103 37430 JAG 67552 b
716	716	1 toward lead service line replacement goals;
717	717	2 (3) advising the Agency on other matters related to
718	718	3 the administration of the provisions of this Section;
719	719	4 (4) advising the Agency on the integration of existing
720	720	5 lead service line replacement plans with any statewide
721	721	6 plan; and
722	722	7 (5) providing technical support and practical
723	723	8 expertise in general.
724	724	9 (z) Within 18 months after January 1, 2022 (the effective
725	725	10 date of Public Act 102-613), the Advisory Board shall deliver
726	726	11 a report of its recommendations to the Governor and the
727	727	12 General Assembly concerning opportunities for dedicated,
728	728	13 long-term revenue options for funding lead service line
729	729	14 replacement. In submitting recommendations, the Advisory Board
730	730	15 shall consider, at a minimum, the following:
731	731	16 (1) the sufficiency of various revenue sources to
732	732	17 adequately fund replacement of all lead service lines in
733	733	18 Illinois;
734	734	19 (2) the financial burden, if any, on households
735	735	20 falling below 150% of the federal poverty limit;
736	736	21 (3) revenue options that guarantee low-income
737	737	22 households are protected from rate increases;
738	738	23 (4) an assessment of the ability of community water
739	739	24 supplies to assess and collect revenue;
740	740	25 (5) variations in financial resources among individual
741	741	26 households within a service area; and
742	742
743	743
744	744
745	745
746	746
747	747	HB4752 - 20 - LRB103 37430 JAG 67552 b
748	748
749	749
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751	751	HB4752 - 21 - LRB103 37430 JAG 67552 b
752	752	1 (6) the protection of low-income households from rate
753	753	2 increases.
754	754	3 (aa) Within 10 years after January 1, 2022 (the effective
755	755	4 date of Public Act 102-613), the Advisory Board shall prepare
756	756	5 and deliver a report to the Governor and General Assembly
757	757	6 concerning the status of all lead service line replacement
758	758	7 within the State.
759	759	8 (bb) The Lead Service Line Replacement Fund is created as
760	760	9 a special fund in the State treasury to be used by the Agency
761	761	10 for the purposes provided under this Section. The Fund shall
762	762	11 be used exclusively to finance and administer programs and
763	763	12 activities specified under this Section and listed under this
764	764	13 subsection.
765	765	14 The objective of the Fund is to finance activities
766	766	15 associated with identifying and replacing lead service lines,
767	767	16 build Agency capacity to oversee the provisions of this
768	768	17 Section, and provide related assistance for the activities
769	769	18 listed under this subsection.
770	770	19 The Agency shall be responsible for the administration of
771	771	20 the Fund and shall allocate moneys on the basis of priorities
772	772	21 established by the Agency through administrative rule. On July
773	773	22 1, 2022 and on July 1 of each year thereafter, the Agency shall
774	774	23 determine the available amount of resources in the Fund that
775	775	24 can be allocated to the activities identified under this
776	776	25 Section and shall allocate the moneys accordingly.
777	777	26 Notwithstanding any other law to the contrary, the Lead
778	778
779	779
780	780
781	781
782	782
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784	784
785	785
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787	787	HB4752 - 22 - LRB103 37430 JAG 67552 b
788	788	1 Service Line Replacement Fund is not subject to sweeps,
789	789	2 administrative charge-backs, or any other fiscal maneuver that
790	790	3 would in any way transfer any amounts from the Lead Service
791	791	4 Line Replacement Fund into any other fund of the State.
792	792	5 (cc) Within one year after January 1, 2022 (the effective
793	793	6 date of Public Act 102-613), the Agency shall design rules for
794	794	7 a program for the purpose of administering lead service line
795	795	8 replacement funds. The rules must, at minimum, contain:
796	796	9 (1) the process by which community water supplies may
797	797	10 apply for funding; and
798	798	11 (2) the criteria for determining unit of local
799	799	12 government eligibility and prioritization for funding,
800	800	13 including the prevalence of low-income households, as
801	801	14 measured by median household income, the prevalence of
802	802	15 lead service lines, and the prevalence of water samples
803	803	16 that demonstrate elevated levels of lead.
804	804	17 (dd) Funding under subsection (cc) shall be available for
805	805	18 costs directly attributable to the planning, design, or
806	806	19 construction directly related to the replacement of lead
807	807	20 service lines and restoration of property.
808	808	21 Funding shall not be used for the general operating
809	809	22 expenses of a municipality or community water supply.
810	810	23 (ee) An owner or operator of any community water supply
811	811	24 receiving grant funding under subsection (cc) shall bear the
812	812	25 entire expense of full lead service line replacement for all
813	813	26 lead service lines in the scope of the grant.
814	814
815	815
816	816
817	817
818	818
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820	820
821	821
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823	823	HB4752 - 23 - LRB103 37430 JAG 67552 b
824	824	1 (ff) When replacing a lead service line, the owner or
825	825	2 operator of the community water supply shall replace the
826	826	3 service line in its entirety, including, but not limited to,
827	827	4 any portion of the service line (i) running on private
828	828	5 property and (ii) within the building's plumbing at the first
829	829	6 shut-off valve. Partial lead service line replacements are
830	830	7 expressly prohibited. Exceptions shall be made under the
831	831	8 following circumstances:
832	832	9 (1) In the event of an emergency repair that affects a
833	833	10 lead service line or a suspected lead service line, a
834	834	11 community water supply must contact the building owner to
835	835	12 begin the process of replacing the entire service line. If
836	836	13 the building owner is not able to be contacted or the
837	837	14 building owner or occupant refuses to grant access and
838	838	15 permission to replace the entire service line at the time
839	839	16 of the emergency repair, then the community water supply
840	840	17 may perform a partial lead service line replacement. Where
841	841	18 an emergency repair on a service line constructed of lead
842	842	19 or galvanized steel pipe results in a partial service line
843	843	20 replacement, the water supply responsible for commencing
844	844	21 the repair shall perform the following:
845	845	22 (A) Notify the building's owner or operator and
846	846	23 the resident or residents served by the lead service
847	847	24 line in writing that a repair has been completed. The
848	848	25 notification shall include, at a minimum:
849	849	26 (i) a warning that the work may result in
850	850
851	851
852	852
853	853
854	854
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856	856
857	857
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859	859	HB4752 - 24 - LRB103 37430 JAG 67552 b
860	860	1 sediment, possibly containing lead, in the
861	861	2 building's buildings water supply system;
862	862	3 (ii) information concerning practices for
863	863	4 preventing the consumption of any lead in drinking
864	864	5 water, including a recommendation to flush water
865	865	6 distribution pipe during and after the completion
866	866	7 of the repair or replacement work and to clean
867	867	8 faucet aerator screens; and
868	868	9 (iii) information regarding the dangers of
869	869	10 lead to young children and pregnant women.
870	870	11 (B) Provide filters for at least one fixture
871	871	12 supplying potable water for consumption. The filter
872	872	13 must be certified by an accredited third-party
873	873	14 certification body to NSF/ANSI 53 and NSF/ANSI 42 for
874	874	15 the reduction of lead and particulate. The filter must
875	875	16 be provided until such time that the remaining
876	876	17 portions of the service line have been replaced with a
877	877	18 material approved by the Department or a waiver has
878	878	19 been issued under subsection (ii).
879	879	20 (C) Replace the remaining portion of the lead
880	880	21 service line within 30 days of the repair, or 120 days
881	881	22 in the event of weather or other circumstances beyond
882	882	23 reasonable control that prohibits construction. If a
883	883	24 complete lead service line replacement cannot be made
884	884	25 within the required period, the community water supply
885	885	26 responsible for commencing the repair shall notify the
886	886
887	887
888	888
889	889
890	890
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892	892
893	893
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895	895	HB4752 - 25 - LRB103 37430 JAG 67552 b
896	896	1 Department in writing, at a minimum, of the following
897	897	2 within 24 hours of the repair:
898	898	3 (i) an explanation of why it is not feasible
899	899	4 to replace the remaining portion of the lead
900	900	5 service line within the allotted time; and
901	901	6 (ii) a timeline for when the remaining portion
902	902	7 of the lead service line will be replaced.
903	903	8 (D) If complete repair of a lead service line
904	904	9 cannot be completed due to denial by the property
905	905	10 owner, the community water supply commencing the
906	906	11 repair shall request the affected property owner to
907	907	12 sign a waiver developed by the Department. If a
908	908	13 property owner of a nonresidential building or
909	909	14 residence operating as rental properties denies a
910	910	15 complete lead service line replacement, the property
911	911	16 owner shall be responsible for installing and
912	912	17 maintaining point-of-use filters certified by an
913	913	18 accredited third-party certification body to NSF/ANSI
914	914	19 53 and NSF/ANSI 42 for the reduction of lead and
915	915	20 particulate at all fixtures intended to supply water
916	916	21 for the purposes of drinking, food preparation, or
917	917	22 making baby formula. The filters shall continue to be
918	918	23 supplied by the property owner until such time that
919	919	24 the property owner has affected the remaining portions
920	920	25 of the lead service line to be replaced.
921	921	26 (E) Document any remaining lead service line,
922	922
923	923
924	924
925	925
926	926
927	927	HB4752 - 25 - LRB103 37430 JAG 67552 b
928	928
929	929
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931	931	HB4752 - 26 - LRB103 37430 JAG 67552 b
932	932	1 including a portion on the private side of the
933	933	2 property, in the community water supply's distribution
934	934	3 system materials inventory required under subsection
935	935	4 (d).
936	936	5 For the purposes of this paragraph (1), written notice
937	937	6 shall be provided in the method and according to the
938	938	7 provisions of subsection (jj).
939	939	8 (2) Lead service lines that are physically
940	940	9 disconnected from the distribution system are exempt from
941	941	10 this subsection.
942	942	11 (gg) Except as provided in subsection (hh), on and after
943	943	12 January 1, 2022, when the owner or operator of a community
944	944	13 water supply replaces a water main, the community water supply
945	945	14 shall identify all lead service lines connected to the water
946	946	15 main and shall replace the lead service lines by:
947	947	16 (1) identifying the material or materials of each lead
948	948	17 service line connected to the water main, including, but
949	949	18 not limited to, any portion of the service line (i)
950	950	19 running on private property and (ii) within the building
951	951	20 plumbing at the first shut-off valve or 18 inches inside
952	952	21 the building, whichever is shorter;
953	953	22 (2) in conjunction with replacement of the water main,
954	954	23 replacing any and all portions of each lead service line
955	955	24 connected to the water main that are composed of lead; and
956	956	25 (3) if a property owner or customer refuses to grant
957	957	26 access to the property, following prescribed notice
958	958
959	959
960	960
961	961
962	962
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964	964
965	965
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967	967	HB4752 - 27 - LRB103 37430 JAG 67552 b
968	968	1 provisions as outlined in subsection (ff).
969	969	2 If an owner of a potentially affected building intends to
970	970	3 replace a portion of a lead service line or a galvanized
971	971	4 service line and the galvanized service line is or was
972	972	5 connected downstream to lead piping, then the owner of the
973	973	6 potentially affected building shall provide the owner or
974	974	7 operator of the community water supply with notice at least 45
975	975	8 days before commencing the work. In the case of an emergency
976	976	9 repair, the owner of the potentially affected building must
977	977	10 provide filters for each kitchen area that are certified by an
978	978	11 accredited third-party certification body to NSF/ANSI 53 and
979	979	12 NSF/ANSI 42 for the reduction of lead and particulate. If the
980	980	13 owner of the potentially affected building notifies the owner
981	981	14 or operator of the community water supply that replacement of
982	982	15 a portion of the lead service line after the emergency repair
983	983	16 is completed, then the owner or operator of the community
984	984	17 water supply shall replace the remainder of the lead service
985	985	18 line within 30 days after completion of the emergency repair.
986	986	19 A community water supply may take up to 120 days if necessary
987	987	20 due to weather conditions. If a replacement takes longer than
988	988	21 30 days, filters provided by the owner of the potentially
989	989	22 affected building must be replaced in accordance with the
990	990	23 manufacturer's recommendations. Partial lead service line
991	991	24 replacements by the owners of potentially affected buildings
992	992	25 are otherwise prohibited.
993	993	26 (hh) For municipalities with a population in excess of
994	994
995	995
996	996
997	997
998	998
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1000	1000
1001	1001
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1004	1004	1 1,000,000 inhabitants, the requirements of subsection (gg)
1005	1005	2 shall commence on January 1, 2023.
1006	1006	3 (ii) At least 45 days before conducting planned lead
1007	1007	4 service line replacement, the owner or operator of a community
1008	1008	5 water supply shall, by mail, attempt to contact the owner of
1009	1009	6 the potentially affected building serviced by the lead service
1010	1010	7 line to request access to the building and permission to
1011	1011	8 replace the lead service line in accordance with the lead
1012	1012	9 service line replacement plan. If the owner of the potentially
1013	1013	10 affected building does not respond to the request within 15
1014	1014	11 days after the request is sent, the owner or operator of the
1015	1015	12 community water supply shall attempt to post the request on
1016	1016	13 the entrance of the potentially affected building.
1017	1017	14 If the owner or operator of a community water supply is
1018	1018	15 unable to obtain approval to access and replace a lead service
1019	1019	16 line, the owner or operator of the community water supply
1020	1020	17 shall request that the owner of the potentially affected
1021	1021	18 building sign a waiver. The waiver shall be developed by the
1022	1022	19 Department and should be made available in the owner's
1023	1023	20 language. If the owner of the potentially affected building
1024	1024	21 refuses to sign the waiver or fails to respond to the community
1025	1025	22 water supply after the community water supply has complied
1026	1026	23 with this subsection, then the community water supply shall
1027	1027	24 notify the Department in writing within 15 working days.
1028	1028	25 (jj) When replacing a lead service line or repairing or
1029	1029	26 replacing water mains with lead service lines or partial lead
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1040	1040	1 service lines attached to them, the owner or operator of a
1041	1041	2 community water supply shall provide the owner of each
1042	1042	3 potentially affected building that is serviced by the affected
1043	1043	4 lead service lines or partial lead service lines, as well as
1044	1044	5 the occupants of those buildings, with an individual written
1045	1045	6 notice. The notice shall be delivered by mail or posted at the
1046	1046	7 primary entranceway of the building. The notice must, in
1047	1047	8 addition, be electronically mailed where an electronic mailing
1048	1048	9 address is known or can be reasonably obtained. Written notice
1049	1049	10 shall include, at a minimum, the following:
1050	1050	11 (1) a warning that the work may result in sediment,
1051	1051	12 possibly containing lead from the service line, in the
1052	1052	13 building's water;
1053	1053	14 (2) information concerning the best practices for
1054	1054	15 preventing exposure to or risk of consumption of lead in
1055	1055	16 drinking water, including a recommendation to flush water
1056	1056	17 lines during and after the completion of the repair or
1057	1057	18 replacement work and to clean faucet aerator screens; and
1058	1058	19 (3) information regarding the dangers of lead exposure
1059	1059	20 to young children and pregnant women.
1060	1060	21 When the individual written notice described in the first
1061	1061	22 paragraph of this subsection is required as a result of
1062	1062	23 planned work other than the repair or replacement of a water
1063	1063	24 meter, the owner or operator of the community water supply
1064	1064	25 shall provide the notice not less than 14 days before work
1065	1065	26 begins. When the individual written notice described in the
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1076	1076	1 first paragraph of this subsection is required as a result of
1077	1077	2 emergency repairs other than the repair or replacement of a
1078	1078	3 water meter, the owner or operator of the community water
1079	1079	4 supply shall provide the notice at the time the work is
1080	1080	5 initiated. When the individual written notice described in the
1081	1081	6 first paragraph of this subsection is required as a result of
1082	1082	7 the repair or replacement of a water meter, the owner or
1083	1083	8 operator of the community water supply shall provide the
1084	1084	9 notice at the time the work is initiated.
1085	1085	10 The notifications required under this subsection must
1086	1086	11 contain the following statement in Spanish, Polish, Chinese,
1087	1087	12 Tagalog, Arabic, Korean, German, Urdu, and Gujarati: "This
1088	1088	13 notice contains important information about your water service
1089	1089	14 and may affect your rights. We encourage you to have this
1090	1090	15 notice translated in full into a language you understand and
1091	1091	16 before you make any decisions that may be required under this
1092	1092	17 notice."
1093	1093	18 An owner or operator of a community water supply that is
1094	1094	19 required under this subsection to provide an individual
1095	1095	20 written notice to the owner and occupant of a potentially
1096	1096	21 affected building that is a multi-dwelling building may
1097	1097	22 satisfy that requirement and the requirements of this
1098	1098	23 subsection regarding notification to non-English speaking
1099	1099	24 customers by posting the required notice on the primary
1100	1100	25 entranceway of the building and at the location where the
1101	1101	26 occupant's mail is delivered as reasonably as possible.
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1112	1112	1 When this subsection would require the owner or operator
1113	1113	2 of a community water supply to provide an individual written
1114	1114	3 notice to the entire community served by the community water
1115	1115	4 supply or would require the owner or operator of a community
1116	1116	5 water supply to provide individual written notices as a result
1117	1117	6 of emergency repairs or when the community water supply that
1118	1118	7 is required to comply with this subsection is a small system,
1119	1119	8 the owner or operator of the community water supply may
1120	1120	9 provide the required notice through local media outlets,
1121	1121	10 social media, or other similar means in lieu of providing the
1122	1122	11 individual written notices otherwise required under this
1123	1123	12 subsection.
1124	1124	13 No notifications are required under this subsection for
1125	1125	14 work performed on water mains that are used to transmit
1126	1126	15 treated water between community water supplies and properties
1127	1127	16 that have no service connections.
1128	1128	17 (kk) No community water supply that sells water to any
1129	1129	18 wholesale or retail consecutive community water supply may
1130	1130	19 pass on any costs associated with compliance with this Section
1131	1131	20 to consecutive systems.
1132	1132	21 (ll) To the extent allowed by law, when a community water
1133	1133	22 supply replaces or installs a lead service line in a public
1134	1134	23 right-of-way or enters into an agreement with a private
1135	1135	24 contractor for replacement or installation of a lead service
1136	1136	25 line, the community water supply shall be held harmless for
1137	1137	26 all damage to property when replacing or installing the lead
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1148	1148	1 service line. If dangers are encountered that prevent the
1149	1149	2 replacement of the lead service line, the community water
1150	1150	3 supply shall notify the Department within 15 working days of
1151	1151	4 why the replacement of the lead service line could not be
1152	1152	5 accomplished.
1153	1153	6 (mm) The Agency may propose to the Board, and the Board may
1154	1154	7 adopt, any rules necessary to implement and administer this
1155	1155	8 Section. The Department may adopt rules necessary to address
1156	1156	9 lead service lines attached to non-community water supplies.
1157	1157	10 (nn) Notwithstanding any other provision in this Section,
1158	1158	11 no requirement in this Section shall be construed as being
1159	1159	12 less stringent than existing applicable federal requirements.
1160	1160	13 (oo) All lead service line replacements financed in whole
1161	1161	14 or in part with funds obtained under this Section shall be
1162	1162	15 considered public works for purposes of the Prevailing Wage
1163	1163	16 Act.
1164	1164	17 (pp) Beginning in 2023, each municipality with a
1165	1165	18 population of more than 1,000,000 inhabitants shall publicly
1166	1166	19 post on its website data describing progress the municipality
1167	1167	20 has made toward replacing lead service lines within the
1168	1168	21 municipality. The data required to be posted under this
1169	1169	22 subsection shall be the same information required to be
1170	1170	23 reported under paragraphs (1) through (4) of subsection (t-5)
1171	1171	24 of this Section. Beginning in 2024, each municipality that is
1172	1172	25 subject to this subsection shall annually update the data
1173	1173	26 posted on its website under this subsection. A municipality's
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