Bill Amendment: IL SB0550 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SAFETY-TECH

Status: 2017-01-11 - Sent to the Governor [SB0550 Detail]

Download: Illinois-2015-SB0550-Senate_Amendment_002.html

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Sen. Heather A. Steans

Filed: 5/20/2016

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AMENDMENT TO SENATE BILL 550
AMENDMENT NO. ______. Amend Senate Bill 550 by replacing
everything after the enacting clause with the following:
"Section 5. The Child Care Act of 1969 is amended by adding
Section 5.9 as follows:
(225 ILCS 10/5.9 new)
Sec. 5.9. Lead testing of water in licensed day care
centers, licensed day care homes, and licensed group day care
homes.
(a) For the purposes of this Section:
"First draw-tap sample" means one liter of water that has
stood motionless in the plumbing system of the sampling site
for at least 6 hours.
"Source of potable water" means the point at which
non-bottled water exits any tap, faucet, drinking fountain, or
similar point of use likely to be ingested by children or used

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for food preparation.
(b) Effective January 1, 2017, licensed day care centers,
licensed day care homes, and licensed group day care homes
shall have all sources of potable water at the facility tested
for lead at least once every 3 years. All samples tested
pursuant to this section must be first-draw tap samples.
(c) Effective January 1, 2017, as part of an initial
application or application for renewal of a license for day
care centers, day care homes, and group day care homes, the
Department shall require proof that all sources of potable
water at the facility have been tested for lead within the last
3 years.
(d) The results of the most recent test of each source of
potable water at the facility shall be posted in the facility
next to the license issued by the Department. Copies of the
results shall be provided to parents or guardians upon request.
The results shall be compiled into a single document and shall
include, at a minimum, the date, source of potable water and
lead concentration of each sample test result. Any test result
of 15 parts per billion (15 micrograms per liter) or greater
shall be highlighted.
(e) Included with the tests results referenced in
subsection (d) shall be the following statement:
"Every parent or guardian is notified that this facility
has performed tests for lead from this facility's potable water
sources. Elevated levels of lead in drinking water can cause

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serious health problems, especially for young children.
Specific risks include damage to brain and kidneys, and
interference with production of red blood cells that carry
oxygen to all parts of the body. Scientists have linked the
effects of lead on the brain with lowered IQ in children. Lead
is stored in bones and it can be released later in life. There
is no safe level of lead in drinking water or safe level of
lead to ingest. However, State and Federal Safe Drinking Water
Standards establish 15 parts per billion (15 micrograms per
liter) of lead in drinking water as the lead action level."
(f) Licensed day care centers, licensed day care homes, and
licensed group day care homes shall promptly submit the results
of all tests for lead in the sources of potable water at their
facilities to the Department and the Illinois Environmental
Protection Agency.
Section 10. The Environmental Protection Act is amended by
adding Section 17.11 as follows:
(415 ILCS 5/17.11 new)
Sec. 17.11. Lead in drinking water prevention.
(a) For the purposes of this Section:
"Child care facility" has the meaning ascribed to it in
Section 2 of the Lead Poisoning Prevention Act.
"Governmental entity" means a State agency, a county, a
municipality, a township, a public educational institution, a

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special district, or any political subdivision thereof.
"Potentially affected residence" means both (1) a
residences within 300 feet of any portion of a water main or
water service line owned by a community water supply on which
repair or replacement work is done, and (2) the residence or
residences serviced by the lead service line or water meter
that is repaired or replaced.
"School" means any school district or public, private, or
nonpublic day or residential educational institution,
including charter schools, that provides elementary or
secondary education for grade 12 or under.
(b) The owner or operator of a community water supply shall
sample for lead at all potable water sources likely to be
consumed by children or used for food preparation in all
schools in its distribution system at least once during every 3
year sampling period. The first 3 year school sampling period
begins January 1, 2017. The owner or operator of a community
water supply shall submit the sample results to the Agency and
school or child care facility within 2 business days of receipt
of the results by the community water supply. The Agency shall
publish all sample results on its website within 14 days of
receipt by the Agency. If any sample exceeds the lead action
level of 15 parts per billion (15 micrograms per liter) the
school shall promptly notify the parents or legal guardians of
all potentially affected students of the location of the
exceedance and direct them to the United States Environmental

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Protection Agency's website for information about lead in
drinking water.
(c) Within 180 days of the effective date of this
amendatory Act of the 99th General Assembly, the owner or
operator of a community water supply shall develop and submit
to the Agency a plan to compile a comprehensive inventory of
all lead service lines within the community water supply
distribution system including privately owned lead service
lines. At a minimum, the plan shall:
(1) include a procedure for determining whether any
water service lines exposed as a result of construction or
excavation by the community water supply or any other
public utility are made of lead; and
(2) include a procedure by which the owner or operator
of the community water supply will update the information
in its lead service line inventory on at least an annual
basis.
The owner or operator of a community water supply shall
implement the lead service line inventory development plan in
accordance with its terms.
(d) On or before April 15 of each year, the owner or
operator of a community water supply shall submit to the Agency
an inventory of all known lead service lines within its
community water supply distribution system including privately
owned lead service lines current through at least the end of
the previous calendar year. The lead service line inventory

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shall separately identify the lead service lines that were
added to the inventory after the previous year's submission.
The lead service line inventory shall also include a summary
that provides:
(1) the total number of service lines within the
community water supply distribution system;
(2) the percentage of service lines that are known to
contain lead;
(3) the percentage of service lines that are known to
be of a material other than lead;
(4) the percentage of service lines added to the
inventory after the previous submission of the annual lead
line inventory; and
(5) the location of lead service lines within the
community water supply distribution system and their
lengths, if known.
(e) On or before June 30 of each year, the Agency shall
publish on its website each community water supply's annual
lead service line inventory, including the information listed
in paragraphs (1) through (5) in subsection (d).
(f) Prior to January 1, 2018, each governmental entity in
the State shall compile a comprehensive inventory of the lead
service lines servicing the structures of which it is the
owner. The governmental entity shall submit that inventory to
the Agency and each community water supply of whose
distribution system any of its lead service lines are a part.

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The owner or operator of a community water supply shall
incorporate information concerning government building lead
service line inventories submitted to it by any governmental
entities into its lead service line inventory as soon as
practicable after it receives such information.
(g) The owner or operator of a community water supply shall
promptly notify the owners and occupants of a residence where
any individual tap sample exceeds 15 parts per billion (15
micrograms per liter). The notification shall include:
(1) appropriate consumer education materials informing
the owners and occupants of the health hazards associated
with the ingestion of lead and actions that may be taken to
reduce or eliminate lead levels in drinking water; and
(2) contact information for one or more individuals at
the local or state health department who will be able to
provide additional information concerning the health
hazards of elevated lead levels in drinking water.
(h) The owner or operator of a community water supply
shall, 14 days prior to beginning planned work to repair or
replace any water mains, lead service lines or water meters,
notify the owners and occupants of all potentially affected
residences of the planned work. The notification shall include:
(1) a warning that the work may result in sediment,
possibly containing lead, in the residence's water supply;
and
(2) information concerning best practices for

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preventing the consumption of any lead in drinking water,
including a recommendation to flush water lines during and
after the completion of the repair or replacement work and
to clean faucet aerator screens.".