Bill Text: IL SB1270 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Illinois Plumbing License Law. Provides that each park district, municipal park and recreation agency, or special recreation agency shall test each source of potable water in a park that serves children under 6 years old for lead contamination. Provides requirements for testing and notification. Provides requirements for requests seeking waiver of testing. Provides that the owner or operator of a community water system may agree to pay for the cost of the laboratory analysis of the test samples.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB1270 Detail]
Download: Illinois-2019-SB1270-Introduced.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 Illinois Plumbing License Law is amended by | |||||||||||||||||||
5 | changing Section 35.5 as follows:
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6 | (225 ILCS 320/35.5) | |||||||||||||||||||
7 | Sec. 35.5. Lead in drinking water prevention. | |||||||||||||||||||
8 | (a) The General Assembly finds that lead has been detected | |||||||||||||||||||
9 | in the drinking water of schools in this State. The General | |||||||||||||||||||
10 | Assembly also finds that infants and young children may suffer | |||||||||||||||||||
11 | adverse health effects and developmental delays as a result of | |||||||||||||||||||
12 | exposure to even low levels of lead. The General Assembly | |||||||||||||||||||
13 | further finds that it is in the best interests of the people of | |||||||||||||||||||
14 | the State to require school districts or chief school | |||||||||||||||||||
15 | administrators, or the designee of the school district or chief | |||||||||||||||||||
16 | school administrator, to test for lead in drinking water in | |||||||||||||||||||
17 | school buildings and provide written notification of the test | |||||||||||||||||||
18 | results. | |||||||||||||||||||
19 | The purpose of this Section is to require (i) school | |||||||||||||||||||
20 | districts or chief school administrators, or the designees of | |||||||||||||||||||
21 | the school districts or chief school administrators, to test | |||||||||||||||||||
22 | for lead with the goal of providing school building occupants | |||||||||||||||||||
23 | with an adequate supply of safe, potable water; and (ii) school |
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1 | districts or chief school administrators, or the designees of | ||||||
2 | the school districts or chief school administrators, to notify | ||||||
3 | the parents and legal guardians of enrolled students of the | ||||||
4 | sampling results from their respective school buildings. | ||||||
5 | (b) For the purposes of this Section: | ||||||
6 | "Community water system" has the meaning provided in 35 | ||||||
7 | Ill. Adm. Code 611.101. | ||||||
8 | "School building" means any facility or portion thereof | ||||||
9 | that was constructed on or before January 1, 2000 and may be | ||||||
10 | occupied by more than 10 children or students, pre-kindergarten | ||||||
11 | through grade 5, under the control of (a) a school district or | ||||||
12 | (b) a public, private, charter, or nonpublic day or residential | ||||||
13 | educational institution. | ||||||
14 | "Source of potable water" means the point at which | ||||||
15 | non-bottled water that may be ingested by children or used for | ||||||
16 | food preparation exits any tap, faucet, drinking fountain, wash | ||||||
17 | basin in a classroom occupied by children or students under | ||||||
18 | grade 1, or similar point of use; provided, however, that all | ||||||
19 | (a) bathroom sinks and (b) wash basins used by janitorial staff | ||||||
20 | are excluded from this definition. | ||||||
21 | (c) Each school district or chief school administrator, or | ||||||
22 | the designee of each school district or chief school | ||||||
23 | administrator, shall test each source of potable water in a | ||||||
24 | school building for lead contamination as required in this | ||||||
25 | subsection. | ||||||
26 | (1) Each school district or chief school |
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1 | administrator, or the designee of each school district or | ||||||
2 | chief school administrator, shall, at a minimum, (a) | ||||||
3 | collect a first-draw 250 milliliter sample of water, (b) | ||||||
4 | flush for 30 seconds, and (c) collect a second-draw 250 | ||||||
5 | milliliter sample from each source of potable water located | ||||||
6 | at each corresponding school building; provided, however, | ||||||
7 | that to the extent that multiple sources of potable water | ||||||
8 | utilize the same drain, (i) the foregoing collection | ||||||
9 | protocol is required for one such source of potable water, | ||||||
10 | and (ii) only a first-draw 250 milliliter sample of water | ||||||
11 | is required from the remaining such sources of potable | ||||||
12 | water. The water corresponding to the first-draw 250 | ||||||
13 | milliliter sample from each source of potable water shall | ||||||
14 | have been standing in the plumbing pipes for at least 8 | ||||||
15 | hours, but not more than 18 hours, without any flushing of | ||||||
16 | the source of potable water before sample collection. | ||||||
17 | (2) Each school district or chief school | ||||||
18 | administrator, or the designee of each school district or | ||||||
19 | chief school administrator, shall arrange to have the | ||||||
20 | samples it collects pursuant to subdivision (1) of this | ||||||
21 | subsection submitted to a laboratory that is certified for | ||||||
22 | the analysis of lead in drinking water in accordance with | ||||||
23 | accreditation requirements developed by a national | ||||||
24 | laboratory accreditation body, such as the National | ||||||
25 | Environmental Laboratory Accreditation Conference (NELAC) | ||||||
26 | Institute (TNI). Samples submitted to laboratories |
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1 | pursuant to this subdivision (2) shall be analyzed for lead | ||||||
2 | using one of the test methods for lead that is described in | ||||||
3 | 40 CFR 141.23(k)(1). Within 7 days after receiving a final | ||||||
4 | analytical result concerning a sample collected pursuant | ||||||
5 | to subdivision (1) of this subsection, the school district | ||||||
6 | or chief school administrator, or a designee of the school | ||||||
7 | district or chief school administrator, that collected the | ||||||
8 | sample shall provide the final analytical result to the | ||||||
9 | Department. | ||||||
10 | (3) If any of the samples taken in the school exceed 5 | ||||||
11 | parts per billion, the school district or chief school | ||||||
12 | administrator, or the designee of the school district or | ||||||
13 | chief school administrator, shall promptly provide an | ||||||
14 | individual notification of the sampling results, via | ||||||
15 | written or electronic communication, to the parents or | ||||||
16 | legal guardians of all enrolled students and include the | ||||||
17 | following information: the corresponding sampling location | ||||||
18 | within the school building and the United States | ||||||
19 | Environmental Protection Agency's website for information | ||||||
20 | about lead in drinking water. If any of the samples taken | ||||||
21 | at the school are at or below 5 parts per billion, | ||||||
22 | notification may be made as provided in this paragraph or | ||||||
23 | by posting on the school's website. | ||||||
24 | (4) Sampling and analysis required under this Section | ||||||
25 | shall be completed by the following applicable deadlines: | ||||||
26 | for school buildings constructed prior to January 1, 1987, |
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1 | by December 31, 2017; and for school buildings constructed | ||||||
2 | between January 2, 1987 and January 1, 2000, by December | ||||||
3 | 31, 2018. | ||||||
4 | (5) A school district or chief school administrator, or | ||||||
5 | the designee of the school district or chief school | ||||||
6 | administrator, may seek a waiver of the requirements of | ||||||
7 | this subsection from the Department, if (A) the school | ||||||
8 | district or chief school administrator, or the designee of | ||||||
9 | the school district or chief school administrator, | ||||||
10 | collected at least one 250 milliliter or greater sample of | ||||||
11 | water from each source of potable water that had been | ||||||
12 | standing in the plumbing pipes for at least 6 hours and | ||||||
13 | that was collected without flushing the source of potable | ||||||
14 | water before collection, (B) a laboratory described in | ||||||
15 | subdivision (2) of this subsection analyzed the samples in | ||||||
16 | accordance with a test method described in that | ||||||
17 | subdivision, (C) test results were obtained prior to the | ||||||
18 | effective date of this amendatory Act of the 99th General | ||||||
19 | Assembly, but after January 1, 2013, and (D) test results | ||||||
20 | were submitted to the Department within 120 days of the | ||||||
21 | effective date of this amendatory Act of the 99th General | ||||||
22 | Assembly. | ||||||
23 | (6) The owner or operator of a community water system | ||||||
24 | may agree to pay for the cost of the laboratory analysis of | ||||||
25 | the samples required under this Section and may utilize the | ||||||
26 | lead hazard cost recovery fee under Section 11-150.1-1 of |
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1 | the Illinois Municipal Code or other available funds to | ||||||
2 | defray said costs. | ||||||
3 | (7) Lead sampling results obtained shall not be used | ||||||
4 | for purposes of determining compliance with the Board's | ||||||
5 | rules that implement the national primary drinking water | ||||||
6 | regulations for lead and copper. | ||||||
7 | (c-5) Each park district, municipal park and recreation | ||||||
8 | agency, or special recreation agency, or its designee, shall | ||||||
9 | test each source of potable water in each of its parks that | ||||||
10 | serve children under 6 years old for lead contamination as | ||||||
11 | required in this subsection according to the following | ||||||
12 | requirements: | ||||||
13 | (1) At a minimum, (i) collect a first-draw 250 | ||||||
14 | milliliter sample of water, (ii) flush for 30 seconds, and | ||||||
15 | (iii) collect a second-draw 250 milliliter sample from each | ||||||
16 | source of potable water located at each corresponding park. | ||||||
17 | However, to the extent that multiple sources of potable | ||||||
18 | water utilize the same drain, the foregoing collection | ||||||
19 | protocol is required for one such source of potable water, | ||||||
20 | and only a first-draw 250 milliliter sample of water is | ||||||
21 | required from the remaining such sources of potable water. | ||||||
22 | The water corresponding to the first-draw 250 milliliter | ||||||
23 | sample from each source of potable water shall have been | ||||||
24 | standing in the plumbing pipes for at least 8 hours, but | ||||||
25 | not more than 18 hours, without any flushing of the source | ||||||
26 | of potable water before sample collection. |
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1 | (2) Arrange to have the samples it collects under | ||||||
2 | paragraph (1) submitted to a laboratory that is certified | ||||||
3 | for the analysis of lead in drinking water in accordance | ||||||
4 | with accreditation requirements developed by a national | ||||||
5 | laboratory accreditation body, such as The National | ||||||
6 | Environmental Laboratory Accreditation Conference (NELAC) | ||||||
7 | Institute (TNI). Samples submitted to laboratories under | ||||||
8 | this paragraph (2) shall be analyzed for lead using one of | ||||||
9 | the test methods for lead that is described in 40 CFR | ||||||
10 | 141.23(k)(1). Within 7 days after receiving a final | ||||||
11 | analytical result concerning a sample collected under | ||||||
12 | paragraph (1), the park district, municipal park and | ||||||
13 | recreation agency, or special recreation agency, or its | ||||||
14 | designee, that collected the sample shall provide the final | ||||||
15 | analytical result to the Department. | ||||||
16 | (3) If any of the samples taken under subsection (1) | ||||||
17 | exceed 5 parts per billion, the park district, municipal | ||||||
18 | park and recreation agency, or special recreation agency, | ||||||
19 | or its designee, shall promptly provide notification of the | ||||||
20 | sampling results, via a publication circulated in the | ||||||
21 | county where the park district, municipal park and | ||||||
22 | recreation agency, or special recreation agency is located | ||||||
23 | and, if applicable, on its website and include the | ||||||
24 | following information (i) the corresponding sampling | ||||||
25 | location within the park, and (ii) the United States | ||||||
26 | Environmental Protection Agency's website for information |
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1 | about lead in drinking water. If any of the samples taken | ||||||
2 | by the park district, municipal park and recreation agency, | ||||||
3 | or special recreation agency are at or below 5 parts per | ||||||
4 | billion, notification may be made by posting on its | ||||||
5 | website. | ||||||
6 | (4) Sampling and analysis required under this | ||||||
7 | subsection shall be completed by the following applicable | ||||||
8 | deadlines: for parks constructed prior to January 1, 1987, | ||||||
9 | by December 31, 2021; and for parks constructed between | ||||||
10 | January 2, 1987 and January 1, 2000, by December 31, 2022. | ||||||
11 | (5) A park district, municipal park and recreation | ||||||
12 | agency, or special recreation agency, or its designee, may | ||||||
13 | seek a waiver of the requirements of this subsection from | ||||||
14 | the Department, if: (i) the park district, municipal park | ||||||
15 | and recreation agency, or special recreation agency, or the | ||||||
16 | designee of the park district, municipal park and | ||||||
17 | recreation agency, or special recreation agency, collected | ||||||
18 | at least one 250 milliliter or greater sample of water from | ||||||
19 | each source of potable water that had been standing in the | ||||||
20 | plumbing pipes for at least 6 hours and that was collected | ||||||
21 | without flushing the source of potable water before | ||||||
22 | collection; (ii) a laboratory described in paragraph (2) | ||||||
23 | analyzed the samples in accordance with a test method | ||||||
24 | described in that paragraph; (iii) test results were | ||||||
25 | obtained prior to the effective date of this amendatory Act | ||||||
26 | of the 101st General Assembly, but after January 1, 2017; |
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1 | and (iv) test results were submitted to the Department | ||||||
2 | within 120 days after the effective date of this amendatory | ||||||
3 | Act of the 101st General Assembly. | ||||||
4 | (6) The owner or operator of a community water system | ||||||
5 | may agree to pay for the cost of the laboratory analysis of | ||||||
6 | the samples required under this subsection and may utilize | ||||||
7 | the lead hazard cost recovery fee under Section 11-150.1-1 | ||||||
8 | of the Illinois Municipal Code or other available funds to | ||||||
9 | defray said costs. | ||||||
10 | (7) Lead sampling results obtained shall not be used | ||||||
11 | for determining compliance with the Board's rules | ||||||
12 | implementing the national primary drinking water | ||||||
13 | regulations for lead and copper (the Lead and Copper Rule, | ||||||
14 | 40 C.F.R. Part 141, Subpart I). | ||||||
15 | (d) By no later than June 30, 2019, the Department shall | ||||||
16 | determine whether it is necessary and appropriate to protect | ||||||
17 | public health to require schools constructed in whole or in | ||||||
18 | part after January 1, 2000 to conduct testing for lead from | ||||||
19 | sources of potable water, taking into account, among other | ||||||
20 | relevant information, the results of testing conducted | ||||||
21 | pursuant to this Section. | ||||||
22 | (e) Within 90 days of the effective date of this amendatory | ||||||
23 | Act of the 99th General Assembly, the Department shall post on | ||||||
24 | its website guidance on mitigation actions for lead in drinking | ||||||
25 | water, and ongoing water management practices, in schools. In | ||||||
26 | preparing such guidance, the Department may, in part, reference |
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1 | the United States Environmental Protection Agency's 3Ts for | ||||||
2 | Reducing Lead in Drinking Water in Schools.
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3 | (Source: P.A. 99-922, eff. 1-17-17; 100-103, eff. 8-11-17.)
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