Bill Text: IL SB1523 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Water Quality Assurance Act. Provides that new and existing health care facilities and buildings containing health care facilities shall develop and implement water management programs with specified elements to control the growth and spread of opportunistic waterborne pathogens. Requires specified persons to develop and implement a routine culture sampling plan for all building water systems. Requires health care facilities to perform remediation of identified opportunistic waterborne pathogens. Provides that the Department of Public Health or agent health departments may enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of the Act. Requires health care facilities to register with the Department all building water systems within 120 days of the Act's effective date and to provide specified information. Contains other provisions. Establishes the Water Quality Assurance Fund as a special fund in the State treasury and makes a conforming change in the State Finance Act. Provides that the Department of Public Health shall implement, administer, and enforce the Act and may adopt rules it deems necessary to do so. Amends the Illinois Procurement Code. Provides that the Code shall not apply to procurement expenditures necessary for the Department to respond to an infectious disease outbreak response or to procurement expenditures that are necessary for a State agency's facility to implement critical recommendations provided by the Department in response to an infectious disease outbreak. Effective January 1, 2024

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB1523 Detail]

Download: Illinois-2023-SB1523-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1523 Introduced 2/8/2023, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 500/1-10
30 ILCS 105/5.990 new
Creates the Water Quality Assurance Act. Provides that new and existing health care facilities and buildings containing health care facilities shall develop and implement water management programs with specified elements to control the growth and spread of opportunistic waterborne pathogens. Requires specified persons to develop and implement a routine culture sampling plan for all building water systems. Requires health care facilities to perform remediation of identified opportunistic waterborne pathogens. Provides that the Department of Public Health or agent health departments may enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of the Act. Requires health care facilities to register with the Department all building water systems within 120 days of the Act's effective date and to provide specified information. Contains other provisions. Establishes the Water Quality Assurance Fund as a special fund in the State treasury and makes a conforming change in the State Finance Act. Provides that the Department of Public Health shall implement, administer, and enforce the Act and may adopt rules it deems necessary to do so. Amends the Illinois Procurement Code. Provides that the Code shall not apply to procurement expenditures necessary for the Department to respond to an infectious disease outbreak response or to procurement expenditures that are necessary for a State agency's facility to implement critical recommendations provided by the Department in response to an infectious disease outbreak. Effective January 1, 2024
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A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Water
Quality Assurance Act.
Section 5. Purpose. It has been established by scientific
evidence that improper management of building water systems
may cause or contribute to the proliferation of opportunistic
waterborne pathogens and can result in adverse health effects
and potentially lethal disease in at-risk populations. In
order to safeguard the health and safety of the people of this
State, the General Assembly finds it necessary to provide for
the promulgation of requirements for water management and
sampling programs in health care facilities and
authoritatively establish the registration and certification
of water quality professionals and contractors.
Section 10. Definitions. In this Act:
"Agent health department" means a certified local health
department that the Department has designated as its agent for
making inspections and investigations under Section 70.
"Building water system" means a potable or nonpotable
water system in a building or on a building site, including,

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but not limited to, a water supply system, decorative water
feature, evaporative cooler or condenser, whirlpool spa,
humidification system, and other aerosolizing water features.
"Control limit" means a maximum value, a minimum value, or
a range of values of a chemical or physical parameter
associated with a control measure that is monitored and
maintained to reduce the occurrence of hazardous conditions.
The Department may establish control limits by rule.
"Control measure" means disinfecting, heating, cooling,
filtering, flushing, or other means, methods, or procedures
used to maintain the physical, biological, or chemical
conditions of water within an established control limit.
"Control measure" includes treatment methods, technical and
physical processes, and procedures and activities or actions
that monitor or maintain physical, biological, or chemical
conditions of water within control limits. Water management
teams shall establish control limits as a maximum value,
minimum value, or range of values for chemical, biological,
and physical parameters.
"Department" means the Department of Public Health.
"Health care facility" means a facility organized under
the University of Illinois Hospital Act or licensed under the
Ambulatory Surgical Treatment Center Act, Hospital Licensing
Act, Nursing Home Care Act, Assisted Living and Shared Housing
Act, or Community Mental Health Act.
"Immediate control measure" means a preestablished action

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within a water management program intended to reduce potential
exposure to opportunistic waterborne pathogens to be
implemented when a building water system is thought to be a
source of opportunistic waterborne pathogen transmission.
"Immediate control measure" includes, but is not limited to,
restricting operations of building water systems, installing
appropriate primary barriers to reduce the possibility of
exposure, halting new admissions, or temporarily closing an
affected building or area.
"Initial inspection" means an inspection conducted by the
Department to determine compliance with this Act and rules
adopted under this Act or to assess the operation of a water
management program.
"Opportunistic waterborne pathogen" means an organism
found in water that is capable of causing disease in an at-risk
individual or population.
"Person" means any individual, group of individuals,
association, trust, partnership, limited liability company,
corporation, person doing business under an assumed name,
county, municipality, the State of Illinois, or any political
subdivision or department thereof, or any other entity.
"Subsequent inspection" means any inspection made by the
Department or an agent health department for the purpose of
responding to a substantiated complaint, complying with a
request by a health care facility or the agent health
department, or ensuring compliance with an order or request of

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the Department. "Subsequent inspection" does not include
initial inspections performed by the Department.
Section 15. Water Quality Assurance Fund. The Water
Quality Assurance Fund is created as a special fund in the
State treasury. All funds generated under this Act shall be
deposited into the Fund and, subject to appropriation,
available to the Department for the implementation,
administration, and enforcement of this Act and any rules
adopted by the Department under this Act.
Section 20. Administration; rules.
(a) The Department shall implement, administer, and
enforce this Act and may adopt rules it deems necessary to do
so. In case of conflict between the Illinois Administrative
Procedure Act and this Act, the provisions of this Act shall
control, except that Section 5-35 of the Illinois
Administrative Procedure Act relating to procedures for
rulemaking does not apply to the adoption of any rule required
by federal law in connection with which the Department is
precluded by law from exercising any discretion. In preparing
rules under this Act, the Department may give consideration to
nationally recognized standards and guidelines.
(b) The Department may establish rules that specify the
laboratory method used to evaluate water for the presence of
bacteria capable of causing opportunistic infections. The

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Department shall provide through its laboratories or ensure
through evaluation of commercially available providers the use
of appropriate laboratory test methods suitable for testing
samples for the presence of Legionella bacteria. The
Department's laboratory may collect fees for tests performed,
which shall be deposited into the Public Health Laboratory
Services Revolving Fund.
Section 25. Water management programs.
(a) A health care facility, or the owner of a building
containing a health care facility, shall develop and implement
a water management program to control the growth and spread of
opportunistic waterborne pathogens that, at a minimum,
includes the following elements:
(1) Identification of persons on the water management
program team responsible for developing, updating,
implementing, and documenting actions designated by the
water management plan.
(2) Identification and description of all building
water systems within the building and on the building site
using text and process flow diagrams.
(3) A risk assessment identifying areas within
building water systems where conditions may promote the
growth and spread of opportunistic waterborne pathogens.
(4) Based on the risk assessment described in
paragraph (3), identification and description of control

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locations where control measures should be applied and
maintained, including identification of control limits and
procedures for routinely monitoring water quality
parameters such as temperature or residual disinfectant
control locations.
(5) A list of conditions requiring implementation of
preestablished corrective actions when control limits are
not met or contingency responses and time frames for
execution of such actions, including, but not limited to,
implementation of appropriate immediate control measures
in the event of:
(A) culture analysis results identifying the
presence of opportunistic waterborne pathogens within
a building water system; or
(B) a determination by the Department or an agent
health department that one or more cases of disease or
illness are, or may be, caused by an opportunistic
waterborne pathogen and may be associated with a
building water system in the building or on the
premises of the health care facility.
(6) Verification and validation procedures established
by the health care facility or the owner of a building
containing a health care facility to initially and
routinely confirm that the water management program is
being implemented as developed and is effective at
controlling the growth and spread of opportunistic

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waterborne pathogens.
(7) Procedures identifying records of actions and
activities of the water management program and water
management team. Records may include, but are not limited
to, documentation of corrective actions, maintenance, logs
of water quality parameter monitoring or water management
activities, and laboratory results of sampling performed.
The records shall be maintained for at least 3 years and
shall be made available upon request by the Department or
an agent health department.
(b) In concert with the water management program, building
owners, representatives of building owners, tenants, or their
designees shall develop and implement a routine culture
sampling plan for all building water systems. Routine culture
sampling and analysis shall be conducted a minimum of once
every 6 months. Culture sampling plans shall include, at a
minimum, provisions for analysis of Legionella species by a
United States Centers for Disease Control and Prevention
Environmental Legionella Isolate Technique Evaluation (ELITE)
member laboratory. In addition to the routine culture
sampling, the Department may require a health care facility to
conduct additional culture sampling and analysis of building
water systems at locations, within a specified time frame,
using sampling methods described by the Department in response
to:
(1) notification from the Department or an agent

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health department that one or more cases of disease or
illness associated with opportunistic waterborne pathogens
are or may be associated with the health care facility; or
(2) any other conditions specified by the Department.
(c) If the Department determines that a water management
program does not include appropriate immediate control
measures or if a water management program's immediate control
measures are deemed ineffective or inappropriate by the
Department, the Department may direct the facility to
immediately implement immediate control measures as
appropriate to reduce the transmission of opportunistic
waterborne pathogens.
(d) A health care facility shall develop communication
plans to notify patients, residents, staff, and visitors of
one or more cases of disease or illness associated with
opportunistic waterborne pathogens. When notified by the
Department or an agent health department that one or more
cases of disease or illness are associated with the building
or site of the building, the health care facility shall
provide written notification within 48 hours to patients,
residents, staff, and legal guardians. Written notification
may include, but is not limited to, email, text, or other
written communication consistent with the health care
facility's communication practices. The written notification
must include:
(1) notification of the disease and the number of

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cases associated with the health care facility;
(2) actions taken by the water management team in
response to each case of disease or illness;
(3) immediate control measures implemented by the
water management team to prevent further cases of disease
or illness;
(4) immediate appropriate disease surveillance efforts
to identify past or future cases of disease or illness;
and
(5) if a health care facility chooses, a statement
that the cases of disease or illness reported are from an
unknown source, when consistent with the Department or an
agent health department's investigation.
(e) After a health care facility has successfully
completed any remediation necessary under Section 30, as
demonstrated through environmental sampling, the Department or
an agent health department has confirmed that there are no
additional cases of disease or illness associated with an
outbreak, and the Department or agent health department has
concluded its investigation, the Department or agent health
department shall provide the health care facility with a dated
written certification that the health care facility is no
longer under an active investigation associated with the cases
of disease or illness referenced in subsection (d) and that
remediation under Section 30 has been successfully completed.
(f) Following written certification under paragraph (e),

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in cases where the Department or an agent health department
makes a statement to the public identifying a health care
facility as being associated with one or more cases of disease
or illness from an opportunistic waterborne pathogen
referenced in paragraph (d), a statement shall be made by the
Department or the agent health department that the remediation
referenced in Section 30 has been completed and the Department
or agent health department is not aware of any additional
cases of disease or illness associated with the health care
facility.
Section 30. Remediation of identified opportunistic
waterborne pathogens.
(a) When the presence of opportunistic waterborne
pathogens is detected by culture sampling programs or through
environmental investigations of disease or illness associated
with opportunistic waterborne pathogens at a health care
facility, the health care facility shall take actions to
remediate possible environmental sources. The actions shall be
documented and records shall be made available to the
Department in accordance with this Act.
(b) When remediation activities include the use of
supplemental disinfectants or another treatment that alters
biological, physical, or chemical characteristics of water to
control for opportunistic waterborne pathogens, then building
owners, representatives of building owners, tenants, or their

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designees shall comply with relevant provisions of the
Environmental Protection Act, the Illinois Groundwater
Protection Act, and any rules adopted under those Acts.
(c) A health care facility using disinfectants to provide
supplemental disinfectant by temporary injection or other
means that does not include the installation of equipment
shall notify the Department via email at least 48 hours prior
to the treatment in accordance with rules adopted under this
Act. Upon notification, the Department may require the health
care facility to establish and implement immediate measures
prior to the disinfection event to protect patients during the
remediation activities, including providing notification to
building users of the disinfection event.
(d) Any supplemental disinfectant, equipment, or treatment
used to remediate opportunistic waterborne pathogens shall be
certified for its intended use and purpose by one or more
approved agencies listed in rules adopted by the Department
for efficacy in achieving its listed use and purpose.
Section 35. Inspections. Subject to constitutional
limitations, the Department, by its representatives, or an
agent health department, after proper identification, may
enter at reasonable times upon private or public property for
the purpose of inspecting and investigating conditions
relating to the enforcement of this Act and rules adopted
under this Act. Written notice of all violations shall be

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given to each person against whom a violation is alleged.
Section 40. Access to premises. It shall be the duty of
owners and operators of health care facilities and buildings
containing health care facilities to give the Department and
its authorized agents free access to those premises at all
reasonable times for the purpose of inspection.
Section 45. Fee schedule. A fee schedule for fees assessed
by the Department for a health care facility shall be
established by rules adopted by the Department.
Section 50. Certification and registration of water
management professionals and contractors.
(a) Any person who offers services relative to the
development of water management programs, building water
sampling programs, or supplemental treatment of building water
systems for the control of opportunistic waterborne pathogens
shall be registered and certified by the Department. Persons
seeking registration and certification under this Section
shall apply for certification pursuant to rules adopted by the
Department. In preparing rules for certification, the
Department may consider nationally recognized standards and
guidelines.
(b) The Department may collect a reasonable fee to
register and certify water management professionals and

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contractors. The fee shall be deposited into the Water Quality
Assurance Fund and used by the Department for the activities
prescribed in this Act.
(c) The Department shall adopt rules relating to the
issuance, renewal, or suspension of the certification of an
individual, business, or organization.
Section 55. Registration of building water systems at
health care facilities.
(a) A health care facility shall register with the
Department all building water systems. The building water
systems shall be initially registered within 120 days after
the effective date of this Act. The registration shall be
collected on forms developed by the Department and shall
include, but not be limited to:
(1) the street address of the building in which the
building water system is located, with a building
identification number, if any;
(2) the latitude and longitude of the location of the
building water system;
(3) the name, address, telephone number, and email
address of the owner and operator of the building water
system;
(4) the name of the manufacturer of the building water
system;
(5) the model number, if applicable, of the building

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water system;
(6) the building water system volume, inclusive of all
piping, basins, and sumps;
(7) the intended use of the building water system;
(8) a description of whether the building water system
operates year-round or seasonally and, if seasonally, the
start and end date of operation;
(9) a description of whether building water system
disinfection is maintained manually, through timed
injection, or through continuous delivery;
(10) a description of whether maintenance is performed
by in-house personnel, by a contractor, or by a third
party; if by a contractor or third party, the name,
address, telephone number, and email address of the
contractor or third party;
(11) a description of whether any drift eliminators or
controls are installed and operated;
(12) the year the components of the building water
system were placed into service; and
(13) the type of disinfection.
(b) A health care facility shall register with the
Department in writing within 7 days after ownership of the
building water system changes.
(c) A health care facility shall report to the Department:
(1) the date of the last Legionella culture sample
collection, the analysis results, and the date of

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remediation actions taken under this Act;
(2) the date of removal or permanent discontinued use
of components of the building water system, if applicable;
and
(3) any other information required by the Department.
Section 60. Civil enforcement. The Department may impose
administrative civil penalties for violations of this Act and
rules adopted under this Act. The State's Attorney of the
county in which the violation occurred, or the Attorney
General, shall bring actions for collection of penalties
imposed under this Section in the name of the People of the
State of Illinois. The State's Attorney or Attorney General
may, in addition to other remedies provided in this Act, bring
an action (i) for an injunction to restrain the violation,
(ii) to impose civil penalties if no penalty has been imposed
by the Department, or (iii) to enjoin the operation of any such
person or health care facility.
Section 65. Civil penalties. Any person who violates any
provision of this Act or any rule adopted under this Act shall,
in addition to any other penalty provided in this Act, be
subject to a civil penalty of $100 per day per violation.
Section 70. Agents of the Department. The Department may
designate a certified local health department as its agent for

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purposes of carrying out this Act. An agent so designated may
charge fees for costs associated with enforcing this Act. If
the agent determines that it cannot perform an inspection
under this Act, the Department shall perform the inspection
and any applicable fees shall be payable to the Department and
not to the agent. In no case shall fees be assessed by both the
Department and an agent for the same service or activity.
Section 75. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any
provision of a contract, entered into based on a solicitation
prior to the implementation date of this Code as described in
Article 99, including, but not limited to, any covenant
entered into with respect to any revenue bonds or similar
instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the

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funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies, except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care, except as provided in Section
5-30.6 of the Illinois Public Aid Code and this Section.
(4) Hiring of an individual as an employee and not as
an independent contractor, whether pursuant to an
employment code or policy or by contract directly with
that individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of
this type of contract with a value of more than $25,000
must be published in the Procurement Bulletin within 10
calendar days after the deed is recorded in the county of
jurisdiction. The notice shall identify the real estate
purchased, the names of all parties to the contract, the
value of the contract, and the effective date of the
contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor

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shall give his or her prior approval when the procuring
agency is one subject to the jurisdiction of the Governor,
and provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or
her prior approval when the procuring entity is not one
subject to the jurisdiction of the Governor.
(8) (Blank).
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) (Blank).
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(12) (A) Contracts for legal, financial, and other
professional and artistic services entered into by the
Illinois Finance Authority in which the State of Illinois
is not obligated. Such contracts shall be awarded through
a competitive process authorized by the members of the
Illinois Finance Authority and are subject to Sections
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
as well as the final approval by the members of the
Illinois Finance Authority of the terms of the contract.
(B) Contracts for legal and financial services entered

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into by the Illinois Housing Development Authority in
connection with the issuance of bonds in which the State
of Illinois is not obligated. Such contracts shall be
awarded through a competitive process authorized by the
members of the Illinois Housing Development Authority and
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
and 50-37 of this Code, as well as the final approval by
the members of the Illinois Housing Development Authority
of the terms of the contract.
(13) Contracts for services, commodities, and
equipment to support the delivery of timely forensic
science services in consultation with and subject to the
approval of the Chief Procurement Officer as provided in
subsection (d) of Section 5-4-3a of the Unified Code of
Corrections, except for the requirements of Sections
20-60, 20-65, 20-70, and 20-160 and Article 50 of this
Code; however, the Chief Procurement Officer may, in
writing with justification, waive any certification
required under Article 50 of this Code. For any contracts
for services which are currently provided by members of a
collective bargaining agreement, the applicable terms of
the collective bargaining agreement concerning
subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),
except for this sentence, is inoperative.
(14) Contracts for participation expenditures required

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by a domestic or international trade show or exhibition of
an exhibitor, member, or sponsor.
(15) Contracts with a railroad or utility that
requires the State to reimburse the railroad or utilities
for the relocation of utilities for construction or other
public purpose. Contracts included within this paragraph
(15) shall include, but not be limited to, those
associated with: relocations, crossings, installations,
and maintenance. For the purposes of this paragraph (15),
"railroad" means any form of non-highway ground
transportation that runs on rails or electromagnetic
guideways and "utility" means: (1) public utilities as
defined in Section 3-105 of the Public Utilities Act, (2)
telecommunications carriers as defined in Section 13-202
of the Public Utilities Act, (3) electric cooperatives as
defined in Section 3.4 of the Electric Supplier Act, (4)
telephone or telecommunications cooperatives as defined in
Section 13-212 of the Public Utilities Act, (5) rural
water or waste water systems with 10,000 connections or
less, (6) a holder as defined in Section 21-201 of the
Public Utilities Act, and (7) municipalities owning or
operating utility systems consisting of public utilities
as that term is defined in Section 11-117-2 of the
Illinois Municipal Code.
(16) Procurement expenditures necessary for the
Department of Public Health to provide the delivery of

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timely newborn screening services in accordance with the
Newborn Metabolic Screening Act.
(17) Procurement expenditures necessary for the
Department of Agriculture, the Department of Financial and
Professional Regulation, the Department of Human Services,
and the Department of Public Health to implement the
Compassionate Use of Medical Cannabis Program and Opioid
Alternative Pilot Program requirements and ensure access
to medical cannabis for patients with debilitating medical
conditions in accordance with the Compassionate Use of
Medical Cannabis Program Act.
(18) This Code does not apply to any procurements
necessary for the Department of Agriculture, the
Department of Financial and Professional Regulation, the
Department of Human Services, the Department of Commerce
and Economic Opportunity, and the Department of Public
Health to implement the Cannabis Regulation and Tax Act if
the applicable agency has made a good faith determination
that it is necessary and appropriate for the expenditure
to fall within this exemption and if the process is
conducted in a manner substantially in accordance with the
requirements of Sections 20-160, 25-60, 30-22, 50-5,
50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
50-36, 50-37, 50-38, and 50-50 of this Code; however, for
Section 50-35, compliance applies only to contracts or
subcontracts over $100,000. Notice of each contract

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entered into under this paragraph (18) that is related to
the procurement of goods and services identified in
paragraph (1) through (9) of this subsection shall be
published in the Procurement Bulletin within 14 calendar
days after contract execution. The Chief Procurement
Officer shall prescribe the form and content of the
notice. Each agency shall provide the Chief Procurement
Officer, on a monthly basis, in the form and content
prescribed by the Chief Procurement Officer, a report of
contracts that are related to the procurement of goods and
services identified in this subsection. At a minimum, this
report shall include the name of the contractor, a
description of the supply or service provided, the total
amount of the contract, the term of the contract, and the
exception to this Code utilized. A copy of any or all of
these contracts shall be made available to the Chief
Procurement Officer immediately upon request. The Chief
Procurement Officer shall submit a report to the Governor
and General Assembly no later than November 1 of each year
that includes, at a minimum, an annual summary of the
monthly information reported to the Chief Procurement
Officer. This exemption becomes inoperative 5 years after
June 25, 2019 (the effective date of Public Act 101-27).
(19) Acquisition of modifications or adjustments,
limited to assistive technology devices and assistive
technology services, adaptive equipment, repairs, and

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replacement parts to provide reasonable accommodations (i)
that enable a qualified applicant with a disability to
complete the job application process and be considered for
the position such qualified applicant desires, (ii) that
modify or adjust the work environment to enable a
qualified current employee with a disability to perform
the essential functions of the position held by that
employee, (iii) to enable a qualified current employee
with a disability to enjoy equal benefits and privileges
of employment as are enjoyed by other similarly situated
employees without disabilities, and (iv) that allow a
customer, client, claimant, or member of the public
seeking State services full use and enjoyment of and
access to its programs, services, or benefits.
(20) Procurement expenditures necessary for the
Department of Public Health to respond to an infectious
disease outbreak, including, but not limited to,
laboratory testing and environmental health investigation
supplies.
(21) Procurement expenditures necessary for a State
agency's facility to implement control recommendations
provided by the Department of Public Health in response to
an infectious disease outbreak, including, but not limited
to, plumbing, construction, or consultants to mitigate
environmental health hazards.
For purposes of this paragraph (19):

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"Assistive technology devices" means any item, piece
of equipment, or product system, whether acquired
commercially off the shelf, modified, or customized, that
is used to increase, maintain, or improve functional
capabilities of individuals with disabilities.
"Assistive technology services" means any service that
directly assists an individual with a disability in
selection, acquisition, or use of an assistive technology
device.
"Qualified" has the same meaning and use as provided
under the federal Americans with Disabilities Act when
describing an individual with a disability.
(20) Procurement expenditures necessary for the
Illinois Commerce Commission to hire third-party
facilitators pursuant to Sections 16-105.17 and 16-108.18
of the Public Utilities Act or an ombudsman pursuant to
Section 16-107.5 of the Public Utilities Act, a
facilitator pursuant to Section 16-105.17 of the Public
Utilities Act, or a grid auditor pursuant to Section
16-105.10 of the Public Utilities Act.
(21) Procurement expenditures for the purchase,
renewal, and expansion of software, software licenses, or
software maintenance agreements that support the efforts
of the Illinois State Police to enforce, regulate, and
administer the Firearm Owners Identification Card Act, the
Firearm Concealed Carry Act, the Firearms Restraining

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Order Act, the Firearm Dealer License Certification Act,
the Law Enforcement Agencies Data System (LEADS), the
Uniform Crime Reporting Act, the Criminal Identification
Act, the Uniform Conviction Information Act, and the Gun
Trafficking Information Act, or establish or maintain
record management systems necessary to conduct human
trafficking investigations or gun trafficking or other
stolen firearm investigations. This paragraph (21) applies
to contracts entered into on or after the effective date
of this amendatory Act of the 102nd General Assembly and
the renewal of contracts that are in effect on the
effective date of this amendatory Act of the 102nd General
Assembly.
Notwithstanding any other provision of law, for contracts
with an annual value of more than $100,000 entered into on or
after October 1, 2017 under an exemption provided in any
paragraph of this subsection (b), except paragraph (1), (2),
or (5), each State agency shall post to the appropriate
procurement bulletin the name of the contractor, a description
of the supply or service provided, the total amount of the
contract, the term of the contract, and the exception to the
Code utilized. The chief procurement officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the
chief procurement officer.

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(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related
to the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220
of the Public Utilities Act, including calculating the range
of capital costs, the range of operating and maintenance
costs, or the sequestration costs or monitoring the
construction of clean coal SNG brownfield facility for the
full duration of construction.
(f) (Blank).
(g) (Blank).
(h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records

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necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
(j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
(k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
(m) This Code shall apply regardless of the source of
funds with which contracts are paid, including federal
assistance moneys. Except as specifically provided in this
Code, this Code shall not apply to procurement expenditures
necessary for the Department of Public Health to conduct the
Healthy Illinois Survey in accordance with Section 2310-431 of
the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois.

SB1523 - 28 - LRB103 27299 CPF 53670 b
(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
102-1116, eff. 1-10-23.)
Section 80. The State Finance Act is amended by adding
Section 5.990 as follows:
(30 ILCS 105/5.990 new)
Sec. 5.990. The Water Quality Assurance Fund.
Section 99. Effective date. This Act takes effect January
1, 2024.