Bill Text: IL HB4321 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Creates the Fluoridation Local Authority Act. Provides that public water providers may opt in or out of the State's fluoridation requirements without penalty from a State agency, including the Department of Public Health. Requires the public water providers to (1) publish notice of the proposed action at least 7 days before the vote; (2) allow public comment on the proposed action; and (3) post its decision on the public water provider's website or other public platform within 5 days of its decision. Limits the concurrent exercise of home rule powers. Defines "governing body" and "public water provider". Amends the Public Water Supply Regulation Act. Provides that, except as otherwise provided in the Fluoridation Local Authority Act, owners or official custodians of public water supplies shall be in compliance with optimal fluoridation recommendations for community water levels. Effective January 1, 2027.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2026-01-14 - Referred to Rules Committee [HB4321 Detail]

Download: Illinois-2025-HB4321-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB4321 Introduced , by Rep. Jed Davis SYNOPSIS AS INTRODUCED:
New Act
415 ILCS 40/7a from Ch. 111 1/2, par. 121g1
Creates the Fluoridation Local Authority Act. Provides that public water providers may opt in or out of the State's fluoridation requirements without penalty from a State agency, including the Department of Public Health. Requires the public water providers to (1) publish notice of the proposed action at least 7 days before the vote; (2) allow public comment on the proposed action; and (3) post its decision on the public water provider's website or other public platform within 5 days of its decision. Limits the concurrent exercise of home rule powers. Defines "governing body" and "public water provider". Amends the Public Water Supply Regulation Act. Provides that, except as otherwise provided in the Fluoridation Local Authority Act, owners or official custodians of public water supplies shall be in compliance with optimal fluoridation recommendations for community water levels. Effective January 1, 2027.
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A BILL FOR
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AN ACT concerning local government.
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
Fluoridation Local Authority Act.
Section 5. Findings and purpose.
(a) The General Assembly finds that:
(1) Illinois law currently imposes statewide
fluoridation requirements on public water systems.
(2) Local conditions, infrastructure, budgets, and
community preferences vary widely among municipalities,
water districts, and private water providers.
(3) Local governing bodies are best positioned to
evaluate whether fluoridation is appropriate for their
water systems and their residents.
(b) The purpose of this Act is to restore local control by
allowing all public water providers to opt in or to opt out of
State fluoridation requirements without penalty.
Section 10. Definitions. As used in this Act:
"Governing body" means the board, council, commission, or
ownership authority responsible for decisions related to water
treatment for a public water system.

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"Public water provider" means any municipality, county,
township, public water district, water commission, or
privately owned public water system regulated by the State.
Section 15. Local authority to elect fluoridation.
(a) Notwithstanding any other provision of law, the
governing body of a public water provider may elect to opt in
or to opt out of statewide fluoridation requirements for the
public water system over which it exercises decision-making
authority.
(b) The governing body shall make this determination by
majority vote at a public meeting.
(c) A public water provider that opts out is relieved of
all duties under any fluoridation mandate in State statute or
administrative rule.
Section 20. Notice requirements.
(a) Before electing to opt in or to opt out of statewide
fluoridation requirements, the governing body shall:
(1) publish notice of the proposed action at least 7
days before the vote;
(2) allow public comment on the proposed action; and
(3) post its decision on the public water provider's
website or other public platform within 5 days of its
decision.
(b) No referendum is required.

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Section 25. Prohibition on penalties or enforcement.
(a) No State agency, including the Department of Public
Health, may impose penalties, withhold funding, assign
violations, or take enforcement action against a public water
provider solely for choosing to opt out of statewide
fluoridation requirements.
(b) Any existing administrative rule that is contrary to
this Act is unenforceable notwithstanding any other law.
Section 30. Liability protections. A public water provider
that opts in or opts out of statewide fluoridation
requirements in accordance with this Act:
(1) shall not be subject to civil liability for
decisions made under this Act; and
(2) shall be considered in full compliance with State
water treatment standards.
Section 35. Rulemaking. The Department of Public Health
shall adopt any revisions to the rules concerning fluoridation
that are necessary to reflect the local authority established
under this Act. No rule adopted under this Act may restrict or
override local decision-making.
Section 40. Home rule. A home rule unit may not regulate
public water system fluoridation in a manner inconsistent with

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the regulation by the State of public water system
fluoridation under this Act. This Section is a limitation
under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule
units of powers and functions exercised by the State.
Section 95. The Public Water Supply Regulation Act is
amended by changing Section 7a as follows:
(415 ILCS 40/7a) (from Ch. 111 1/2, par. 121g1)
Sec. 7a. Except as otherwise provided in the Fluoridation
Local Authority Act In order to protect the dental health of
all citizens, especially children, the owners or official
custodians of public water supplies shall be in compliance
with the recommendations on optimal fluoridation for community
water levels as proposed and adopted by the U.S. Department of
Health and Human Services and the Centers for Disease Control
and Prevention and the rules and regulations adopted by the
Illinois Environmental Protection Agency and the Pollution
Control Board.
(Source: P.A. 99-529, eff. 7-8-16.)
Section 99. Effective date. This Act takes effect on
January 1, 2027.