Bill Text: IL HB3035 | 2019-2020 | 101st General Assembly | Engrossed
Bill Title: Creates the Lead Service Line Replacement and Notification Act. Requires the owner or operator of each community water supply to: develop and submit a material inventory to the Environmental Protection Agency by April 15, 2020; update and submit it to the Agency by April 15, 2021, and each April 15 thereafter, until the owner or operator has substantially completed an inventory of all service lines in its system; and, after the Agency has initially reviewed and approved the community water supply's substantially complete inventory, update its inventory and submit it to the Agency by April 15 of every third year after the Agency's initial review and approval. Requires the Agency to review each material inventory submitted to it. Specifies what each material inventory shall identify. Requires the owner or operator of each community water supply to maintain records of persons who refuse to grant access to the interior of a building for purposes of identifying the materials of construction of a service line. Provides that if a community water supply identifies a lead service line connected to a building, the owner or operator of the community water supply shall notify interested persons of the existence of the lead service line within 15 days after identifying the lead service line, or as soon as is reasonably possible thereafter. Provides that an owner or operator of a community water supply has no duty to include in the material inventory information about service lines that are physically disconnected from a water main in its distribution system. Requires every owner or operator of a community water supply that has suspected lead service lines to create a plan with specified information, electronically submit its replacement plan to the Agency for approval, and post on its website a copy of the plan most recently approved by the Agency or request that the Agency post a copy of that plan on the Agency's website. Requires the Agency to determine if substantial progress or substantial completion of material inventories has been made. Requires each plan to include specified information. Requires the Agency to review each plan submitted to it and to approve the plan if specified criteria are met. Requires the giving of construction notice when replacing a lead service line or repairing or replacing water mains with lead service lines or partial lead service lines attached to them. Contains other provisions. Amends the Department of Commerce and Economic Opportunity Law. Requires the Department of Commerce and Economic Opportunity to establish a low-income water assistance policy and program. Amends the Public Utilities Act. Removes references to unaccounted-for water and replaces them with references to non-revenue water. Provides that the Illinois Commerce Commission may allow or direct a water utility to establish a customer assistance program. Amends the Environmental Protection Act. Requires specified entities to provide information related to the cost of providing water service to the Agency by December 31, 2022, and again by December 31, 2024. Requires the Agency to publish the information on its website. Repeals the provisions on January 1, 2025. Repeals a provision regarding lead in drinking water notifications and inventories. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2019-05-31 - Rule 3-9(a) / Re-referred to Assignments [HB3035 Detail]
Download: Illinois-2019-HB3035-Engrossed.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Nursing Home Care Act is amended by changing | ||||||
5 | Section 3-305 as follows:
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6 | (210 ILCS 45/3-305) (from Ch. 111 1/2, par. 4153-305)
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7 | Sec. 3-305.
The license of a facility which is in violation | ||||||
8 | of this Act
or any rule adopted thereunder may be subject to | ||||||
9 | the penalties or fines
levied by the Department as specified in | ||||||
10 | this Section.
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11 | (1) A licensee who commits a Type "AA" violation as defined | ||||||
12 | in Section 1-128.5
is automatically issued a conditional | ||||||
13 | license for a period of 6 months
to coincide with an acceptable | ||||||
14 | plan of correction and assessed a fine up to $25,000 per | ||||||
15 | violation.
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16 | (1.5) A licensee who commits a Type "A" violation as | ||||||
17 | defined in Section 1-129 is automatically issued a conditional | ||||||
18 | license for a period of 6 months to coincide with an acceptable | ||||||
19 | plan of correction and assessed a fine of up to $12,500 per | ||||||
20 | violation. | ||||||
21 | (2) A licensee who commits a Type "B" violation as defined | ||||||
22 | in Section 1-130 shall be assessed a fine of up to $1,100 per | ||||||
23 | violation.
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1 | (2.5) A licensee who commits 10 or more Type "C" | ||||||
2 | violations, as defined in Section 1-132, in a single survey | ||||||
3 | shall be assessed a fine of up to $250 per violation. A | ||||||
4 | licensee who commits one or more Type "C" violations with a | ||||||
5 | high risk designation, as defined by rule, shall be assessed a | ||||||
6 | fine of up to $500 per violation. | ||||||
7 | (3) A licensee who commits a Type "AA" or Type "A" | ||||||
8 | violation as defined in Section 1-128.5 or
1-129 which | ||||||
9 | continues beyond the time specified in paragraph (a) of Section
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10 | 3-303 which is cited as a repeat violation shall have its | ||||||
11 | license revoked
and shall be assessed a fine of 3 times the | ||||||
12 | fine computed per resident per
day under subsection (1).
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13 | (4) A licensee who fails to satisfactorily comply with an | ||||||
14 | accepted
plan of correction for a Type "B" violation or an | ||||||
15 | administrative warning
issued pursuant to Sections 3-401 | ||||||
16 | through 3-413 or the rules promulgated
thereunder shall be | ||||||
17 | automatically issued a conditional license for a period
of not | ||||||
18 | less than 6 months. A second or subsequent acceptable plan of
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19 | correction shall be filed. A fine shall be assessed in | ||||||
20 | accordance with
subsection (2) when cited for the repeat | ||||||
21 | violation. This fine shall be
computed for all days of the | ||||||
22 | violation, including the duration of the first
plan of | ||||||
23 | correction compliance time.
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24 | (5) For the purpose of computing a penalty under | ||||||
25 | subsections (2) through
(4), the number of residents per day | ||||||
26 | shall be based on the average number
of residents in the |
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1 | facility during the 30 days preceding the discovery
of the | ||||||
2 | violation.
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3 | (6) When the Department finds that a provision of Article | ||||||
4 | II has been
violated with regard to a particular resident, the | ||||||
5 | Department shall issue
an order requiring the facility to | ||||||
6 | reimburse the resident for injuries
incurred, or $100, | ||||||
7 | whichever is greater. In the case of a violation
involving any | ||||||
8 | action other than theft of money belonging to a resident,
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9 | reimbursement shall be ordered only if a provision of Article | ||||||
10 | II has been
violated with regard to that or any other resident | ||||||
11 | of the facility within
the 2 years immediately preceding the | ||||||
12 | violation in question.
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13 | (7) For purposes of assessing fines under this Section, a | ||||||
14 | repeat
violation shall be a violation which has been cited | ||||||
15 | during one inspection
of the facility for which an accepted | ||||||
16 | plan of correction was not complied
with or a new citation of | ||||||
17 | the same rule if the licensee is not substantially addressing | ||||||
18 | the issue routinely
throughout the facility.
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19 | (7.5) If an occurrence results in more than one type of | ||||||
20 | violation as defined in this Act (that is, a Type "AA", Type | ||||||
21 | "A", Type "B", or Type "C" violation), the Department shall | ||||||
22 | assess only one fine, which shall not exceed the maximum fine | ||||||
23 | that may be assessed for the most serious type of violation | ||||||
24 | charged. For purposes of the preceding sentence, a Type "AA" | ||||||
25 | violation is the most serious type of violation that may be | ||||||
26 | charged, followed by a Type "A", Type "B", or Type "C" |
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1 | violation, in that order. | ||||||
2 | (8) The minimum and maximum fines that may be assessed | ||||||
3 | pursuant to this Section shall be twice those otherwise | ||||||
4 | specified for any facility that willfully makes a misstatement | ||||||
5 | of fact to the Department, or willfully fails to make a | ||||||
6 | required notification to the Department, if that misstatement | ||||||
7 | or failure delays the start of a surveyor or impedes a survey. | ||||||
8 | (9) High risk designation. If the Department finds that a | ||||||
9 | facility has violated a provision of the Illinois | ||||||
10 | Administrative Code that has a high risk designation, or that a | ||||||
11 | facility has violated the same provision of the Illinois | ||||||
12 | Administrative Code 3 or more times in the previous 12 months, | ||||||
13 | the Department may assess a fine of up to 2 times the maximum | ||||||
14 | fine otherwise allowed. | ||||||
15 | (10) If a licensee has paid a civil monetary penalty | ||||||
16 | imposed pursuant to the Medicare and Medicaid Certification | ||||||
17 | Program for the equivalent federal violation giving rise to a | ||||||
18 | fine under this Section, the Department shall offset the fine | ||||||
19 | by the amount of the civil monetary penalty. The offset may not | ||||||
20 | reduce the fine by more than 75% of the original fine, however. | ||||||
21 | (Source: P.A. 98-104, eff. 7-22-13.)
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