Bill Amendment: IL HB3035 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: NURSING HOME-OFFSET FINES
Status: 2019-05-31 - Rule 3-9(a) / Re-referred to Assignments [HB3035 Detail]
Download: Illinois-2019-HB3035-Senate_Amendment_002.html
Bill Title: NURSING HOME-OFFSET FINES
Status: 2019-05-31 - Rule 3-9(a) / Re-referred to Assignments [HB3035 Detail]
Download: Illinois-2019-HB3035-Senate_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 3035
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2 | AMENDMENT NO. ______. Amend House Bill 3035 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Lead | ||||||
5 | Service Line Replacement and Notification Act.
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6 | Section 5. Purpose. The purpose of this Act is to: (1) | ||||||
7 | require the owners and operators of community water supplies to | ||||||
8 | develop, implement, and maintain a comprehensive water service | ||||||
9 | line material inventory and a comprehensive lead service line | ||||||
10 | replacement plan, provide notice to occupants of potentially | ||||||
11 | affected buildings before any construction or repair work on | ||||||
12 | water mains or lead service lines, and to request access to | ||||||
13 | potentially affected buildings before replacing lead service | ||||||
14 | lines; and (2) to prohibit partial lead service line | ||||||
15 | replacements.
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1 | Section 10. Definitions. As used in this Act, unless the | ||||||
2 | context otherwise clearly requires: | ||||||
3 | "Agency" means the Illinois Environmental Protection | ||||||
4 | Agency. | ||||||
5 | "Board" means the Illinois Pollution Control Board. | ||||||
6 | "Community water supply" has the meaning ascribed to it in | ||||||
7 | Section 3.145 of the Environmental Protection Act. | ||||||
8 | "Department" means the Illinois Department of Public | ||||||
9 | Health. | ||||||
10 | "Emergency repair" means any unscheduled water main, water | ||||||
11 | service, or water valve repair or replacement that results from | ||||||
12 | failure or accident. | ||||||
13 | "Lead service line" means a service line made of lead or a | ||||||
14 | service line connected to a lead pigtail, lead gooseneck, or | ||||||
15 | other lead fitting. | ||||||
16 | "Material inventory" means a water service line material | ||||||
17 | inventory developed by a community water supply pursuant to | ||||||
18 | this Act. | ||||||
19 | "Non-community water supply" has the meaning ascribed to it | ||||||
20 | in Section 3.145 of the Environmental Protection Act. | ||||||
21 | "NSF/ANSI Standard" means a water treatment standard | ||||||
22 | developed by NSF International. | ||||||
23 | "Partial lead service line replacement" means replacement | ||||||
24 | of only a portion of a lead service line. | ||||||
25 | "Potentially affected building" means any building that is | ||||||
26 | provided water service through a service line that is either a |
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1 | lead service line or a suspected lead service line. | ||||||
2 | "Public water supply" has the meaning ascribed to it in | ||||||
3 | Section 3.365 of the Environmental Protection Act. | ||||||
4 | "Service line" means the piping, tubing, and necessary | ||||||
5 | appurtenances acting as a conduit from the water main or source | ||||||
6 | of potable water supply to the building plumbing at the first | ||||||
7 | shut-off valve or 18 inches inside the building, whichever is | ||||||
8 | shorter. | ||||||
9 | "Suspected lead service line" means a line that a community | ||||||
10 | water supply finds more likely than not to be made of lead | ||||||
11 | after completing the activities under paragraphs (2) and (5) of | ||||||
12 | subsection (d) of Section 15. | ||||||
13 | "Small system" means a community water supply that | ||||||
14 | regularly serves water to 3,300 or fewer persons.
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15 | Section 15. Material inventories. | ||||||
16 | (a) The owner or operator of each community water supply | ||||||
17 | shall: | ||||||
18 | (1) develop an initial material inventory and submit | ||||||
19 | the material inventory electronically to the Agency by | ||||||
20 | April 15, 2020; | ||||||
21 | (2) update its material inventory and submit the | ||||||
22 | updated material inventory electronically to the Agency by | ||||||
23 | April 15, 2021, and each April 15 thereafter, until the | ||||||
24 | owner or operator has substantially completed an inventory | ||||||
25 | of all service lines in its distribution system; and |
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1 | (3) after the Agency has initially reviewed and | ||||||
2 | approved the community water supply's substantially | ||||||
3 | complete material inventory, and so long as the community | ||||||
4 | water supply continues to have lead water services, update | ||||||
5 | its material inventory and electronically submit its | ||||||
6 | revised material inventory to the Agency by April 15 of | ||||||
7 | every third year after the Agency's initial review and | ||||||
8 | approval. | ||||||
9 | A community water supply is not required to submit a | ||||||
10 | material inventory to the Agency if the community water supply | ||||||
11 | has completed its lead service line replacement plan or if it | ||||||
12 | does not contain lead service lines. | ||||||
13 | (b) The Agency shall review each material inventory | ||||||
14 | submitted to it under this Section. If the Agency determines | ||||||
15 | that the community water supply is making substantial progress | ||||||
16 | toward characterizing the materials of all service lines | ||||||
17 | connected to its distribution system, with a priority on | ||||||
18 | identifying all lead service lines connected to its | ||||||
19 | distribution system, then the Agency shall approve the material | ||||||
20 | inventory. | ||||||
21 | (c) Each material inventory prepared for a community water | ||||||
22 | supply shall identify: | ||||||
23 | (1) the total number of service lines connected to the | ||||||
24 | community water supply's distribution system; | ||||||
25 | (2) the materials of construction of each service line | ||||||
26 | connected to the community water supply's distribution |
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1 | system; | ||||||
2 | (3) the number of suspected lead service lines that | ||||||
3 | were newly identified in the material inventory for the | ||||||
4 | community water supply after the community water supply | ||||||
5 | last submitted a service line inventory to the Agency; and | ||||||
6 | (4) the number of suspected or known lead service lines | ||||||
7 | that were replaced after the community water supply last | ||||||
8 | submitted a service line inventory to the Agency, and the | ||||||
9 | material of the service line that replaced each lead | ||||||
10 | service line. | ||||||
11 | When identifying the materials of construction under | ||||||
12 | paragraph (2) of this subsection, the owner or operator of the | ||||||
13 | community water supply shall identify the type of construction | ||||||
14 | material used on the customer's side of the curb box or meter | ||||||
15 | or other line of demarcation and the community water supply's | ||||||
16 | side of the curb box or meter or other line of demarcation. | ||||||
17 | (d) In substantially completing its material inventory, | ||||||
18 | the owner or operator of each community water supply shall: | ||||||
19 | (1) prioritize inspections of high-risk areas | ||||||
20 | identified by the community water supply and inspections of | ||||||
21 | high-risk facilities, such as preschools, day care | ||||||
22 | centers, day care homes, group day care homes, parks, | ||||||
23 | playgrounds, hospitals, and clinics, and confirm service | ||||||
24 | line materials in those areas and at those facilities; | ||||||
25 | (2) review historical documentation, such as | ||||||
26 | construction logs or cards, as-built drawings, purchase |
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1 | orders, and subdivision plans, to determine service line | ||||||
2 | material construction; | ||||||
3 | (3) when conducting distribution system maintenance, | ||||||
4 | visually inspect service lines and document materials of | ||||||
5 | construction; | ||||||
6 | (4) identify any time period when the service lines | ||||||
7 | being connected to its distribution system were primarily | ||||||
8 | lead service lines, if such a time period is known or | ||||||
9 | suspected; and | ||||||
10 | (5) discuss service line repair and installation with | ||||||
11 | its employees, contractors, plumbers, other workers who | ||||||
12 | worked on service lines connected to its distribution | ||||||
13 | system, or all of the above. | ||||||
14 | (e) The owner or operator of each community water supply | ||||||
15 | shall maintain records of persons who refuse to grant access to | ||||||
16 | the interior of a building for purposes of identifying the | ||||||
17 | materials of construction of a service line. If a community | ||||||
18 | water supply has been denied access to the interior of a | ||||||
19 | building for that reason, then the community water supply may | ||||||
20 | identify the service line as a suspected lead service line. | ||||||
21 | (f) If a community water supply identifies a lead service | ||||||
22 | line connected to a building, the owner or operator of the | ||||||
23 | community water supply shall notify the owner of the building | ||||||
24 | and all occupants of the building of the existence of the lead | ||||||
25 | service line within 15 days after identifying the lead service | ||||||
26 | line, or as soon as is reasonably possible thereafter. |
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1 | (g) Nothing in this Section shall be construed to require | ||||||
2 | service lines to be unearthed for the sole purpose of | ||||||
3 | inventorying. | ||||||
4 | (h) An owner or operator of a community water supply has no | ||||||
5 | duty to include in the material inventory required under this | ||||||
6 | Section information about service lines that are physically | ||||||
7 | disconnected from a water main in its distribution system. | ||||||
8 | (i) When conducting engineering evaluations of community | ||||||
9 | water supplies, the Agency may conduct a separate audit to | ||||||
10 | identify progress that the community water supply has made | ||||||
11 | toward completing the material inventory required under this | ||||||
12 | Act. | ||||||
13 | (j) The owner or operator of each community water supply | ||||||
14 | shall post on its website a copy of the material inventory most | ||||||
15 | recently approved by the Agency or shall request that the | ||||||
16 | Agency post a copy of that material inventory on the Agency's | ||||||
17 | website. | ||||||
18 | (k) The Agency shall determine if substantial progress or | ||||||
19 | substantial completion of material inventories has been made. | ||||||
20 | The Agency shall give primary consideration to the impact of | ||||||
21 | lead on public health when making these determinations, | ||||||
22 | especially with respect to high-risk areas.
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23 | Section 20. Lead service line replacement plans. | ||||||
24 | (a) Every owner or operator of a community water supply | ||||||
25 | that has known or suspected lead service lines shall: |
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1 | (1) create a plan to: | ||||||
2 | (A) replace each lead service line connected to its | ||||||
3 | distribution system; | ||||||
4 | (B) replace each galvanized service line connected | ||||||
5 | to its distribution system, if the galvanized service | ||||||
6 | line is or was connected downstream to lead piping; | ||||||
7 | (C) determine the materials of construction of | ||||||
8 | suspected lead service lines and service lines of | ||||||
9 | unknown materials; and | ||||||
10 | (D) propose a timeline for review and regular | ||||||
11 | revisions of the lead service line replacement plan; | ||||||
12 | and | ||||||
13 | (2) electronically submit, by April 15, 2021, its lead | ||||||
14 | service line replacement plan to the Agency for approval; | ||||||
15 | and | ||||||
16 | (3) post on its website a copy of the plan most | ||||||
17 | recently approved by the Agency or request that the Agency | ||||||
18 | post a copy of that plan on the Agency's website. | ||||||
19 | (b) Each plan required under subsection (a) shall include | ||||||
20 | the following: | ||||||
21 | (1) the name and identification number of the community | ||||||
22 | water supply; | ||||||
23 | (2) the total number of service lines connected to the | ||||||
24 | distribution system of the community water supply; | ||||||
25 | (3) the total number of suspected lead service lines | ||||||
26 | connected to the distribution system of the community water |
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1 | supply; | ||||||
2 | (4) the total number of known lead service lines | ||||||
3 | connected to the distribution system of the community water | ||||||
4 | supply; | ||||||
5 | (5) the total number of lead service lines connected to | ||||||
6 | the distribution system of the community water supply that | ||||||
7 | have been replaced each year beginning in 2018; | ||||||
8 | (6) a proposed lead service line replacement schedule | ||||||
9 | that includes one-year, 5-year, and 10-year goals; | ||||||
10 | (7) the estimated total number of remaining years until | ||||||
11 | all known lead service lines have been replaced or | ||||||
12 | suspected lead service lines have been determined to be | ||||||
13 | made of materials other than lead, and the estimated year | ||||||
14 | in which lead service line replacement will be complete; | ||||||
15 | (8) an analysis of costs and financing options for | ||||||
16 | replacing the lead service lines connected to the community | ||||||
17 | water supply's distribution system, which shall include, | ||||||
18 | but shall not be limited to: | ||||||
19 | (A) a detailed accounting of costs associated with | ||||||
20 | replacing lead service lines and galvanized lines that | ||||||
21 | are or were connected downstream to lead piping; | ||||||
22 | (B) measures to address affordability and prevent | ||||||
23 | service shut-offs for customers or ratepayers; and | ||||||
24 | (C) consideration of different scenarios for | ||||||
25 | structuring payments between the utility and its | ||||||
26 | customers over time; and |
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1 | (9) a feasibility and affordability plan that | ||||||
2 | includes, but is not limited to, information on how the | ||||||
3 | community water supply intends to fund or finance lead | ||||||
4 | service line replacement, in different situations, such as | ||||||
5 | those situations including, but not limited to, where the | ||||||
6 | community water supply pays for: | ||||||
7 | (A) the portion of the service lines owned by the | ||||||
8 | community water supply and the property owner pays for | ||||||
9 | the portion he or she owns; | ||||||
10 | (B) the entire replacement and has a low interest | ||||||
11 | loan for the property owner to pay for the replacement | ||||||
12 | over time on his or her water bill; or | ||||||
13 | (C) the entire replacement; and | ||||||
14 | (10) a plan for prioritizing high-risk facilities, | ||||||
15 | such as preschools, day care centers, day care homes, group | ||||||
16 | day care homes, parks, playgrounds, hospitals, and | ||||||
17 | clinics, as well as high-risk areas identified by the | ||||||
18 | community water supply; | ||||||
19 | (11) a map of the areas where lead service lines are | ||||||
20 | expected to be found and the sequence with which those | ||||||
21 | areas will be inventoried and lead service lines replaced; | ||||||
22 | and | ||||||
23 | (12) measures for how the community water supply will | ||||||
24 | inform the public of the plan and provide opportunity for | ||||||
25 | public comment. | ||||||
26 | (c) The Agency shall review each plan submitted to it under |
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1 | this Section. The Agency shall approve a plan if the plan | ||||||
2 | includes all of the elements set forth in subsection (b) and | ||||||
3 | the Agency determines that: | ||||||
4 | (1) the proposed lead service line replacement | ||||||
5 | schedule set forth in the plan, including the one-year, | ||||||
6 | 5-year, and 10-year goals in the plan and the estimated | ||||||
7 | date by which all lead service lines will be replaced, are | ||||||
8 | acceptable; | ||||||
9 | (2) the plan prioritizes the replacement of lead | ||||||
10 | service lines that provide water service to high-risk | ||||||
11 | facilities, such as preschools, day care centers, day care | ||||||
12 | homes, group day care homes, parks, playgrounds, | ||||||
13 | hospitals, and clinics, and high-risk areas identified by | ||||||
14 | the community water supply; | ||||||
15 | (3) the plan includes an analysis of cost and financing | ||||||
16 | options; and | ||||||
17 | (4) the plan provides an opportunity for public review. | ||||||
18 | (d) An owner or operator of a community water supply has no | ||||||
19 | duty to include in the plans required under this Section | ||||||
20 | information about service lines that are physically | ||||||
21 | disconnected from a water main in its distribution system.
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22 | Section 25. Lead service line replacement requirements. | ||||||
23 | (a) When a community water supply replaces a water main, | ||||||
24 | the community water supply shall identify all lead service | ||||||
25 | lines connected to the water main and shall replace, in |
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1 | accordance with its lead service line replacement plan, the | ||||||
2 | lead service lines by: | ||||||
3 | (1) identifying the material or materials of each | ||||||
4 | service line connected to the water main, including, but | ||||||
5 | not limited to, any portion of the service line (i) running | ||||||
6 | on private property and (ii) within the building plumbing | ||||||
7 | at the first shut-off valve or 18 inches inside the | ||||||
8 | building, whichever is shorter; and | ||||||
9 | (2) in conjunction with replacement of the water main, | ||||||
10 | replacing any and all portions of each service line | ||||||
11 | connected to that water main that are composed of lead. | ||||||
12 | In the event of an emergency repair that affects a lead | ||||||
13 | service line or a suspected lead service line, a community | ||||||
14 | water supply must contact the building owner to begin the | ||||||
15 | process of replacing the entire service line. If the building | ||||||
16 | owner is not able to be contacted or the building owner or | ||||||
17 | occupant refuses to grant access and permission to replace the | ||||||
18 | entire service line at the time of the emergency repair, then | ||||||
19 | the community water supply may perform a partial lead service | ||||||
20 | line replacement. When a partial lead service line replacement | ||||||
21 | occurs due to an emergency repair, the community water supply | ||||||
22 | must (i) provide filters, for each kitchen area, certified to | ||||||
23 | meet the requirements of NSF/ANSI Standard 53, which is hereby | ||||||
24 | incorporated by reference, and (ii) must replace the remaining | ||||||
25 | portion of the lead service line within 30 days of the | ||||||
26 | emergency repair unless access is denied under Section 30. A |
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1 | community water supply may take up to 120 days if necessary due | ||||||
2 | to weather conditions. If a replacement takes longer than 30 | ||||||
3 | days, provided filters must be replaced in accordance with the | ||||||
4 | manufacturer's recommendations. Partial lead service line | ||||||
5 | replacement by the owner or operator of a community water | ||||||
6 | supply is otherwise prohibited. | ||||||
7 | (b) If an owner of a potentially affected building intends | ||||||
8 | to replace a portion of a lead service line or a galvanized | ||||||
9 | service line, if the galvanized service line is or was | ||||||
10 | connected downstream to lead piping, then the owner of the | ||||||
11 | potentially affected building shall provide the owner or | ||||||
12 | operator of the community water supply with notice at least 45 | ||||||
13 | days before commencing the work. In the case of an emergency | ||||||
14 | repair, if the owner of the potentially affected building | ||||||
15 | notifies the owner or operator of the community water supply of | ||||||
16 | the replacement of a portion of the lead service line after the | ||||||
17 | emergency repair is completed, then the owner or operator of | ||||||
18 | the community water supply must provide filters, for each | ||||||
19 | kitchen area, certified to meet the requirements of NSF/ANSI | ||||||
20 | Standard 53, and replace the remainder of the lead service line | ||||||
21 | within 30 days after completion of the emergency repair. A | ||||||
22 | community water supply may take up to 120 days if necessary due | ||||||
23 | to weather conditions. If a replacement takes longer than 30 | ||||||
24 | days, provided filters must be replaced in accordance with the | ||||||
25 | manufacturer's recommendations. Partial lead service line | ||||||
26 | replacements by the owners of potentially affected buildings |
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1 | are otherwise prohibited.
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2 | Section 30. Request for private property access. | ||||||
3 | (a) At least one month before conducting planned lead | ||||||
4 | service line replacement, the owner or operator of a community | ||||||
5 | water supply shall, by certified mail, attempt to contact the | ||||||
6 | owner of the potentially affected building serviced by the lead | ||||||
7 | service line to request access to the building and permission | ||||||
8 | to replace the lead service line in accordance with the lead | ||||||
9 | service line replacement plan. If the owner of the potentially | ||||||
10 | affected building does not respond to that request within 2 | ||||||
11 | weeks after the request is sent, the owner or operator of the | ||||||
12 | community water supply shall attempt to post the request on the | ||||||
13 | entryway of the potentially affected building. | ||||||
14 | (b) If the owner or operator of a community water supply is | ||||||
15 | unable to obtain approval to access and replace the lead | ||||||
16 | service line, the owner or operator of the community water | ||||||
17 | supply shall request that the owner of the potentially affected | ||||||
18 | building sign a waiver. The waiver shall be developed by the | ||||||
19 | Department and should be made available in the owner's | ||||||
20 | language. If the owner of the potentially affected building | ||||||
21 | refuses to sign the waiver, or fails to respond to the | ||||||
22 | community water supply after the community water supply has | ||||||
23 | complied with subsection (a), the community water supply shall | ||||||
24 | notify the Department in writing within 15 working days.
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1 | Section 35. Construction notice. | ||||||
2 | (a) When replacing a lead service line or repairing or | ||||||
3 | replacing water mains with lead service lines or partial lead | ||||||
4 | service lines attached to them, the owner or operator of a | ||||||
5 | community water supply shall provide the owner of each | ||||||
6 | potentially affected building that is serviced by the affected | ||||||
7 | lead service lines or partial lead service lines, as well as | ||||||
8 | the occupants of those buildings, with an individual written | ||||||
9 | notice that includes, at a minimum, the following: | ||||||
10 | (1) a warning that the work may result in sediment, | ||||||
11 | possibly containing lead from the service line, in the | ||||||
12 | building's water; | ||||||
13 | (2) information concerning the best practices for | ||||||
14 | preventing exposure to or risk of consumption of lead in | ||||||
15 | drinking water, including a recommendation to flush water | ||||||
16 | lines during and after the completion of the repair or | ||||||
17 | replacement work and to clean faucet aerator screens; and | ||||||
18 | (3) information regarding the dangers of lead exposure | ||||||
19 | to young children and pregnant women. | ||||||
20 | (b) When the individual written notice described in | ||||||
21 | subsection (a) is required as a result of planned work other | ||||||
22 | than the repair or replacement of a water meter, the owner or | ||||||
23 | operator of the community water supply shall provide the notice | ||||||
24 | not less than 14 days before work begins. When the individual | ||||||
25 | written notice described in subsection (a) is required as a | ||||||
26 | result of emergency repairs other than the repair or |
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1 | replacement of a water meter, the owner or operator of the | ||||||
2 | community water supply shall provide the notice at the time the | ||||||
3 | work is initiated. When the individual written notice described | ||||||
4 | in subsection (a) is required as a result of the repair or | ||||||
5 | replacement of a water meter, the owner or operator of the | ||||||
6 | community water supply shall provide the notice at the time the | ||||||
7 | work is initiated. | ||||||
8 | (c) If a community water supply serves a significant | ||||||
9 | proportion of non-English speaking consumers, the | ||||||
10 | notifications required under this Section must contain | ||||||
11 | information in the appropriate language regarding the | ||||||
12 | importance of the notice and a telephone number or address | ||||||
13 | where a person may contact the owner or operator of the | ||||||
14 | community water supply to obtain a translated copy of the | ||||||
15 | notification or request assistance in the appropriate | ||||||
16 | language. | ||||||
17 | (d) An owner or operator of a community water supply that | ||||||
18 | is required under this Section to provide an individual written | ||||||
19 | notice to the owner and occupants of a potentially affected | ||||||
20 | building that is a multi-dwelling building may satisfy that | ||||||
21 | requirement and the requirements of subsection (c) by posting | ||||||
22 | the required notice on the primary entranceway of the building | ||||||
23 | and at the location where the occupant's mail is delivered as | ||||||
24 | reasonably as possible. | ||||||
25 | (e) When this Section would require the owner or operator | ||||||
26 | of a community water supply to provide an individual written |
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1 | notice to the entire community served by the community water | ||||||
2 | supply or would require the owner or operator of a community | ||||||
3 | water supply to provide individual written notices as a result | ||||||
4 | of emergency repairs or when the community water supply that is | ||||||
5 | required to comply with this Section is a small system, the | ||||||
6 | owner or operator of the community water supply may provide the | ||||||
7 | required notice through local media outlets, social media, or | ||||||
8 | other similar means in lieu of providing the individual written | ||||||
9 | notices otherwise required under this Section. | ||||||
10 | (f) No notifications are required under this Section for | ||||||
11 | work performed on water mains that are used to transmit treated | ||||||
12 | water between community water supplies and that have no service | ||||||
13 | connections.
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14 | Section 40. Replacement program progress reports. The | ||||||
15 | owner or operator of each community water supply shall include | ||||||
16 | the following information in the annual consumer confidence | ||||||
17 | report required under the United States Environmental | ||||||
18 | Protection Agency's National Primary Drinking Water | ||||||
19 | Regulations: | ||||||
20 | (1) an estimate of the number of known or suspected | ||||||
21 | lead service lines connected to its distribution system; | ||||||
22 | and | ||||||
23 | (2) a statement describing progress that has been made | ||||||
24 | toward replacing lead service lines connected to its | ||||||
25 | distribution system.
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1 | Section 45. Sale to wholesale or retail consecutive | ||||||
2 | community water supply. No community water supply that sells | ||||||
3 | water to any wholesale or retail consecutive community water | ||||||
4 | supply may pass on any costs associated with compliance with | ||||||
5 | this Act to consecutive systems.
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6 | Section 50. Board review. Authority is hereby vested in the | ||||||
7 | Illinois Pollution Control Board to conduct hearings to review | ||||||
8 | final actions of the Agency.
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9 | Section 55. Community water supply liability. To the extent | ||||||
10 | allowed by law, when a community water supply enters into an | ||||||
11 | agreement with a private contractor for replacement or | ||||||
12 | installation of water service lines, the community water supply | ||||||
13 | shall be held harmless for damage to property when replacing or | ||||||
14 | installing water service lines. If dangers are encountered that | ||||||
15 | prevent the replacement of the lead service line, the community | ||||||
16 | water supply shall notify the Department within 15 working days | ||||||
17 | of why the replacement of the lead service line could not be | ||||||
18 | accomplished.
| ||||||
19 | Section 60. Rules. | ||||||
20 | (a) The Agency may propose and the Board may adopt any | ||||||
21 | rules necessary to implement and administer this Act. | ||||||
22 | (b) The Department may adopt rules necessary to address |
| |||||||
| |||||||
1 | lead service lines attached to non-community water supplies.
| ||||||
2 | Section 100. The Department of Commerce and Economic | ||||||
3 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
4 | amended by adding Section 605-870 as follows:
| ||||||
5 | (20 ILCS 605/605-870 new) | ||||||
6 | Sec. 605-870. Low-income water assistance policy and | ||||||
7 | program. | ||||||
8 | (a) The Department shall by rule establish a comprehensive | ||||||
9 | low-income water assistance policy and program that | ||||||
10 | incorporates financial assistance and includes, but is not | ||||||
11 | limited to, water efficiency or water quality projects, such as | ||||||
12 | lead service line replacement, or other measures to ensure that | ||||||
13 | residents have access to affordable and clean water. The policy | ||||||
14 | and program shall not jeopardize the ability of public | ||||||
15 | utilities, community water supplies, or other entities to | ||||||
16 | receive just compensation for providing services. The | ||||||
17 | resources applied in achieving the policy and program shall be | ||||||
18 | coordinated and efficiently used through the integration of | ||||||
19 | public programs and through the targeting of assistance. The | ||||||
20 | Department shall use all appropriate and available means to | ||||||
21 | fund this program and, to the extent possible, identify and use | ||||||
22 | sources of funding that complement State tax revenues. The rule | ||||||
23 | shall be finalized within 180 days after the effective date of | ||||||
24 | this Act, or within 60 days after receiving an appropriation |
| |||||||
| |||||||
1 | for the program. | ||||||
2 | (b) Any person who is a resident of the State and whose | ||||||
3 | household income is not greater than an amount determined | ||||||
4 | annually by the Department may apply for assistance under this | ||||||
5 | Section in accordance with rules adopted by the Department. In | ||||||
6 | setting the annual eligibility level, the Department shall | ||||||
7 | consider the amount of available funding and may not set a | ||||||
8 | limit higher than 150% of the poverty guidelines updated | ||||||
9 | periodically in the Federal Register by the U.S. Department of | ||||||
10 | Health and Human Services under the authority of 42 U.S.C. | ||||||
11 | 9902(2). | ||||||
12 | (c) Applicants who qualify for assistance under subsection | ||||||
13 | (b) shall, subject to appropriation from the General Assembly | ||||||
14 | and subject to availability of funds to the Department, receive | ||||||
15 | assistance as provided in this Section. The Department, upon | ||||||
16 | receipt of moneys authorized under this Section for assistance, | ||||||
17 | shall commit funds for each qualified applicant in an amount | ||||||
18 | determined by the Department. In determining the amounts of | ||||||
19 | assistance to be provided to or on behalf of a qualified | ||||||
20 | applicant, the Department shall ensure that the highest amounts | ||||||
21 | of assistance go to households with the greatest water costs in | ||||||
22 | relation to household income. The Department may consider | ||||||
23 | factors such as water costs, household size, household income, | ||||||
24 | and region of the State when determining individual household | ||||||
25 | benefits. In adopting rules for the administration of this | ||||||
26 | Section, the Department shall ensure that a minimum of |
| |||||||
| |||||||
1 | one-third of the funds for the program are available for | ||||||
2 | benefits to eligible households with the lowest incomes and | ||||||
3 | that elderly households, households with persons with | ||||||
4 | disabilities, and households with children under 6 years of age | ||||||
5 | are offered a priority application period. | ||||||
6 | (d) Application materials for the program shall be made | ||||||
7 | available in multiple languages. | ||||||
8 | (e) The Department may adopt any rules necessary to | ||||||
9 | implement this Section.
| ||||||
10 | Section 105. The Public Utilities Act is amended by | ||||||
11 | changing Section 8-306 as follows:
| ||||||
12 | (220 ILCS 5/8-306)
| ||||||
13 | Sec. 8-306. Special provisions relating to water and sewer | ||||||
14 | utilities. | ||||||
15 | (a) No later than 120 days after the effective date of this | ||||||
16 | amendatory Act of the 94th General Assembly, the Commission | ||||||
17 | shall prepare, make available to customers upon request, and | ||||||
18 | post on its Internet web site information concerning the | ||||||
19 | service obligations of water and sewer utilities and remedies | ||||||
20 | that a customer may pursue for a violation of the customer's | ||||||
21 | rights. The information shall specifically address the rights | ||||||
22 | of a customer of a water or sewer utility in the following | ||||||
23 | situations: | ||||||
24 | (1) The customer's water meter is replaced. |
| |||||||
| |||||||
1 | (2) The customer's bill increases by more than 50% | ||||||
2 | within one billing period. | ||||||
3 | (3) The customer's water service is terminated. | ||||||
4 | (4) The customer wishes to complain after receiving a | ||||||
5 | termination of service notice. | ||||||
6 | (5) The customer is unable to make payment on a billing | ||||||
7 | statement. | ||||||
8 | (6) A rate is filed, including without limitation a | ||||||
9 | surcharge or annual reconciliation filing, that will | ||||||
10 | increase the amount billed to the customer. | ||||||
11 | (7) The customer is billed for services provided prior | ||||||
12 | to the date covered by the billing statement. | ||||||
13 | (8) The customer is due to receive a credit. | ||||||
14 | Each billing statement issued by a water or sewer utility | ||||||
15 | shall include an Internet web site address where the customer | ||||||
16 | can view the information required under this subsection (a) and | ||||||
17 | a telephone number that the customer may call to request a copy | ||||||
18 | of the information.
| ||||||
19 | (b) A water or sewer utility may discontinue service only | ||||||
20 | after it has mailed or delivered by other means a written | ||||||
21 | notice of discontinuance substantially in the form of Appendix | ||||||
22 | A of 83 Ill. Adm. Code 280. The notice must include the | ||||||
23 | Internet web site address where the customer can view the | ||||||
24 | information required under subsection (a) and a telephone | ||||||
25 | number that the customer may call to request a copy of the | ||||||
26 | information. Any notice required to be delivered or mailed to a |
| |||||||
| |||||||
1 | customer prior to discontinuance of service shall be delivered | ||||||
2 | or mailed separately from any bill. Service shall not be | ||||||
3 | discontinued until at least 5 days after delivery or 8 days | ||||||
4 | after the mailing of this notice. Service shall not be | ||||||
5 | discontinued and shall be restored if discontinued for the | ||||||
6 | reason which is the subject of a dispute or complaint during | ||||||
7 | the pendency of informal or formal complaint procedures of the | ||||||
8 | Illinois Commerce Commission under 83 Ill. Adm. Code 280.160 or | ||||||
9 | 280.170, where the customer has complied with those rules. | ||||||
10 | Service shall not be discontinued and shall be restored if | ||||||
11 | discontinued where a customer has established a deferred | ||||||
12 | payment agreement pursuant to 83 Ill. Adm. Code 280.110 and has | ||||||
13 | not defaulted on such agreement. Residential customers who are | ||||||
14 | indebted to a utility for past due utility service shall have | ||||||
15 | the opportunity to make arrangements with the utility to retire | ||||||
16 | the debt by periodic payments, referred to as a deferred | ||||||
17 | payment agreement, unless this customer has failed to make | ||||||
18 | payment under such a plan during the past 12 months. The terms | ||||||
19 | and conditions of a reasonable deferred payment agreement shall | ||||||
20 | be determined by the utility after consideration of the | ||||||
21 | following factors, based upon information available from | ||||||
22 | current utility records or provided by the customer or | ||||||
23 | applicant: | ||||||
24 | (1) size of the past due account; | ||||||
25 | (2) customer or applicant's ability to pay; | ||||||
26 | (3) customer or applicant's payment history; |
| |||||||
| |||||||
1 | (4) reason for the outstanding indebtedness; and | ||||||
2 | (5) any other relevant factors relating to the | ||||||
3 | circumstances of the customer or applicant's service.
| ||||||
4 | A residential customer shall pay a maximum of one-fourth of the | ||||||
5 | amount past due and owing at the time of entering into the | ||||||
6 | deferred payment agreement, and the water or sewer utility | ||||||
7 | shall allow a minimum of 2 months from the date of the | ||||||
8 | agreement and a maximum of 12 months for payment to be made | ||||||
9 | under a deferred payment agreement. Late payment charges may be | ||||||
10 | assessed against the amount owing that is the subject of a | ||||||
11 | deferred payment agreement. | ||||||
12 | (c) A water or sewer utility shall provide notice as | ||||||
13 | required by subsection (a) of Section 9-201 after the filing of | ||||||
14 | each information sheet under a purchased water surcharge, | ||||||
15 | purchased sewage treatment surcharge, or qualifying | ||||||
16 | infrastructure plant surcharge. The utility also shall post | ||||||
17 | notice of the filing in accordance with the requirements of 83 | ||||||
18 | Ill. Adm. Code 255. Unless filed as part of a general rate | ||||||
19 | increase, notice of the filing of a purchased water surcharge | ||||||
20 | rider, purchased sewage treatment surcharge rider, or | ||||||
21 | qualifying infrastructure plant surcharge rider also shall be | ||||||
22 | given in the manner required by this subsection (c) for the | ||||||
23 | filing of information sheets. | ||||||
24 | (d) Commission rules pertaining to formal and informal | ||||||
25 | complaints against public utilities shall apply with full and | ||||||
26 | equal force to water and sewer utilities and their customers, |
| |||||||
| |||||||
1 | including provisions of 83 Ill. Adm. Code 280.170, and the | ||||||
2 | Commission shall respond to each complaint by providing the | ||||||
3 | consumer with a copy of the utility's response to the complaint | ||||||
4 | and a copy of the Commission's review of the complaint and its | ||||||
5 | findings. The Commission shall also provide the consumer with | ||||||
6 | all available options for recourse. | ||||||
7 | (e) Any refund shown on the billing statement of a customer | ||||||
8 | of a water or sewer utility must be itemized and must state if | ||||||
9 | the refund is an adjustment or credit. | ||||||
10 | (f) Water service for building construction purposes. At | ||||||
11 | the request of any municipality or township within the service | ||||||
12 | area of a public utility that provides water service to | ||||||
13 | customers within the municipality or township, a public utility | ||||||
14 | must (1) require all water service used for building | ||||||
15 | construction purposes to be measured by meter and subject to | ||||||
16 | approved rates and charges for metered water service and (2) | ||||||
17 | prohibit the unauthorized use of water taken from hydrants or | ||||||
18 | service lines installed at construction sites. | ||||||
19 | (g) Water meters. | ||||||
20 | (1) Periodic testing. Unless otherwise approved by the | ||||||
21 | Commission, each service water meter shall be periodically | ||||||
22 | inspected and tested in accordance with the schedule | ||||||
23 | specified in 83 Ill. Adm. Code 600.340, or more frequently | ||||||
24 | as the results may warrant, to insure that the meter | ||||||
25 | accuracy is maintained within the limits set out in 83 Ill. | ||||||
26 | Adm. Code 600.310. |
| |||||||
| |||||||
1 | (2) Meter tests requested by customer. | ||||||
2 | (A) Each utility furnishing metered water service | ||||||
3 | shall, without charge, test the accuracy of any meter | ||||||
4 | upon request by the customer served by such meter, | ||||||
5 | provided that the meter in question has not been tested | ||||||
6 | by the utility or by the Commission within 2 years | ||||||
7 | previous to such request. The customer or his or her | ||||||
8 | representatives shall have the privilege of witnessing | ||||||
9 | the test at the option of the customer. A written | ||||||
10 | report, giving the results of the test, shall be made | ||||||
11 | to the customer. | ||||||
12 | (B) When a meter that has been in service less than | ||||||
13 | 2 years since its last test is found to be accurate | ||||||
14 | within the limits specified in 83 Ill. Adm. Code | ||||||
15 | 600.310, the customer shall pay a fee to the utility | ||||||
16 | not to exceed the amounts specified in 83 Ill. Adm. | ||||||
17 | Code 600.350(b). Fees for testing meters not included | ||||||
18 | in this Section or so located that the cost will be out | ||||||
19 | of proportion to the fee specified will be determined | ||||||
20 | by the Commission upon receipt of a complete | ||||||
21 | description of the case. | ||||||
22 | (3) Commission referee tests. Upon written application | ||||||
23 | to the Commission by any customer, a test will be made of | ||||||
24 | the customer's meter by a representative of the Commission. | ||||||
25 | For such a test, a fee as provided for in subsection (g)(2) | ||||||
26 | shall accompany the application. If the meter is found to |
| |||||||
| |||||||
1 | be registering more than 1.5% fast on the average when | ||||||
2 | tested as prescribed in 83 Ill. Adm. Code 600.310, the | ||||||
3 | utility shall refund to the customer the amount of the fee. | ||||||
4 | The utility shall in no way disturb the meter after a | ||||||
5 | customer has made an application for a referee test until | ||||||
6 | authority to do so is given by the Commission or the | ||||||
7 | customer in writing. | ||||||
8 | (h) Water and sewer utilities; low usage. Each public | ||||||
9 | utility that provides water and sewer service must establish a | ||||||
10 | unit sewer rate, subject to review by the Commission, that | ||||||
11 | applies only to those customers who use less than 1,000 gallons | ||||||
12 | of water in any billing period. | ||||||
13 | (i) Water and sewer utilities; separate meters. Each public | ||||||
14 | utility that provides water and sewer service must offer | ||||||
15 | separate rates for water and sewer service to any commercial or | ||||||
16 | residential customer who uses separate meters to measure each | ||||||
17 | of those services. In order for the separate rate to apply, a | ||||||
18 | combination of meters must be used to measure the amount of | ||||||
19 | water that reaches the sewer system and the amount of water | ||||||
20 | that does not reach the sewer system. | ||||||
21 | (j) Each water or sewer public utility must disclose on | ||||||
22 | each billing statement any amount billed that is for service | ||||||
23 | provided prior to the date covered by the billing statement. | ||||||
24 | The disclosure must include the dates for which the prior | ||||||
25 | service is being billed. Each billing statement that includes | ||||||
26 | an amount billed for service provided prior to the date covered |
| |||||||
| |||||||
1 | by the billing statement must disclose the dates for which that | ||||||
2 | amount is billed and must include a copy of the document | ||||||
3 | created under subsection (a) and a statement of current | ||||||
4 | Commission rules concerning unbilled or misbilled service. | ||||||
5 | (k) When the customer is due a refund resulting from | ||||||
6 | payment of an overcharge, the utility shall credit the customer | ||||||
7 | in the amount of overpayment with interest from the date of | ||||||
8 | overpayment by the customer. The rate for interest shall be at | ||||||
9 | the appropriate rate determined by the Commission under 83 Ill. | ||||||
10 | Adm. Code 280.70. | ||||||
11 | (l) Water and sewer public utilities; subcontractors. The | ||||||
12 | Commission shall adopt rules for water and sewer public | ||||||
13 | utilities to provide notice to the customers of the proper kind | ||||||
14 | of identification that a subcontractor must present to the | ||||||
15 | customer, to prohibit a subcontractor from soliciting or | ||||||
16 | receiving payment of any kind for any service provided by the | ||||||
17 | water or sewer public utility or the subcontractor, and to | ||||||
18 | establish sanctions for violations. | ||||||
19 | (m) Water and sewer public utilities; non-revenue | ||||||
20 | unaccounted-for water. Each By December 31, 2006, each water | ||||||
21 | public utility shall file tariffs with the Commission to | ||||||
22 | establish the maximum percentage of non-revenue | ||||||
23 | unaccounted-for water that would be considered in the | ||||||
24 | determination of any rates or surcharges. The rates or | ||||||
25 | surcharges approved for a water public utility shall not | ||||||
26 | include charges for non-revenue unaccounted-for water in |
| |||||||
| |||||||
1 | excess of this maximum percentage without well-documented | ||||||
2 | support and justification for the Commission to consider in any | ||||||
3 | request to recover charges in excess of the tariffed maximum | ||||||
4 | percentage. | ||||||
5 | (n) Rate increases; public forums. When any public utility | ||||||
6 | providing water or sewer service proposes a general rate | ||||||
7 | increase, in addition to other notice requirements, the water | ||||||
8 | or sewer public utility must notify its customers of their | ||||||
9 | right to request a public forum. A customer or group of | ||||||
10 | customers must make written request to the Commission for a | ||||||
11 | public forum and must also provide written notification of the | ||||||
12 | request to the customer's municipal or, for unincorporated | ||||||
13 | areas, township government. The Commission, at its discretion, | ||||||
14 | may schedule the public forum. If it is determined that public | ||||||
15 | forums are required for multiple municipalities or townships, | ||||||
16 | the Commission shall schedule these public forums, in locations | ||||||
17 | within approximately 45 minutes drive time of the | ||||||
18 | municipalities or townships for which the public forums have | ||||||
19 | been scheduled. The public utility must provide advance notice | ||||||
20 | of 30 days for each public forum to the governing bodies of | ||||||
21 | those units of local government affected by the increase. The | ||||||
22 | day of each public forum shall be selected so as to encourage | ||||||
23 | the greatest public participation. Each public forum will begin | ||||||
24 | at 7:00 p.m. Reports and comments made during or as a result of | ||||||
25 | each public forum must be made available to the hearing | ||||||
26 | officials and reviewed when drafting a recommended or tentative |
| |||||||
| |||||||
1 | decision, finding or order pursuant to Section 10-111 of this | ||||||
2 | Act.
| ||||||
3 | (o) The Commission may allow or direct a water utility to | ||||||
4 | establish a customer assistance program that provides | ||||||
5 | financial relief to residential customers who qualify for | ||||||
6 | income-related assistance. | ||||||
7 | A customer assistance program established under this | ||||||
8 | subsection that affects rates and charges for service is not | ||||||
9 | discriminatory for purposes of this Act or any other law | ||||||
10 | regulating rates and charges for service. In considering | ||||||
11 | whether to approve a water utility's proposed customer | ||||||
12 | assistance program, the Commission must determine that a | ||||||
13 | customer assistance program established under this subsection | ||||||
14 | is in the public interest. | ||||||
15 | The Commission shall adopt rules to implement this | ||||||
16 | subsection. These rules shall require customer assistance | ||||||
17 | programs under this subsection to coordinate with utility | ||||||
18 | energy efficiency programs and the Illinois Home | ||||||
19 | Weatherization Assistance Program for the purpose of informing | ||||||
20 | eligible customers of additional resources that may help the | ||||||
21 | customer conserve water. | ||||||
22 | (Source: P.A. 94-950, eff. 6-27-06.)
| ||||||
23 | Section 110. The Environmental Protection Act is amended by | ||||||
24 | adding Section 17.12 as follows:
|
| |||||||
| |||||||
1 | (415 ILCS 5/17.12 new) | ||||||
2 | Sec. 17.12. Water cost information. | ||||||
3 | (a) An entity subject to the federal Safe Drinking Water | ||||||
4 | Act that has over 3,500 meter connections shall provide to the | ||||||
5 | Agency by December 31, 2022, and again by December 31, 2024, | ||||||
6 | the following information as it relates to the cost of | ||||||
7 | providing water service: | ||||||
8 | (1) All revenue recovered from water bills or any other | ||||||
9 | revenue used for water service from the preceding year. | ||||||
10 | (2) Total operating expenses, including both principal | ||||||
11 | and interest debt service payments. | ||||||
12 | (3) The percentage of the revenue recovered from water | ||||||
13 | bills used or allocated for water capital infrastructure | ||||||
14 | investment. | ||||||
15 | (4) A narrative description of the capital | ||||||
16 | infrastructure investment made based on the information | ||||||
17 | provided under paragraph (3). | ||||||
18 | (b) The Agency shall publish the information provided under | ||||||
19 | subsection (a) on the Agency's website. | ||||||
20 | (c) The Agency may adopt rules setting forth the general | ||||||
21 | requirements for submittal of the information provided under | ||||||
22 | subsection (a). | ||||||
23 | (d) This Section is repealed on January 1, 2025.
| ||||||
24 | (415 ILCS 5/17.11 rep.) | ||||||
25 | Section 200. The Environmental Protection Act is amended by |
| |||||||
| |||||||
1 | repealing Section 17.11.
| ||||||
2 | Section 999. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
|