Bill Text: IL SB3080 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that the Department of Commerce and Economic Opportunity shall by rule establish a comprehensive low-income water assistance policy and program. Contains various provisions concerning the policy and program. Amends the Public Utilities Act. Adds requirements related to billing statements and reconnection of service for water and sewer utilities. Provides that upon request by a water utility, the Illinois Commerce Commission may allow, but may not require, a water utility to establish a customer assistance program. Provides that an entity subject to certain federal laws that serves or provides water or sewer services to a specified number of people shall conduct a cost of service study every 5 years. Amends the Environmental Protection Act. Provides that within one year of the effective date of the amendatory Act, every community water system shall create a plan to remove all known lead service lines within 10 years from the completion of the plan. Requires each community water system to implement an asset management plan designed to inspect, maintain, repair, and renew its infrastructure within 18 months of the effective date of the amendatory Act. Requires the Department of Public Health to adopt rules for lead replacement that require an expedited timeline for high risk facilities and communities within 18 months of the effective date of the amendatory Act. Creates the Statewide Advisory Council on Lead in Drinking Water and requires specified community water supplies to create water system advisory councils tasked with various duties related to lead in drinking water awareness. Makes other changes.

Spectrum: Moderate Partisan Bill (Democrat 12-2)

Status: (Introduced) 2018-07-01 - Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3080 Detail]

Download: Illinois-2017-SB3080-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3080

Introduced 2/15/2018, by Sen. Heather A. Steans

SYNOPSIS AS INTRODUCED:
See Index

Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that the Department of Commerce and Economic Opportunity shall by rule establish a comprehensive low-income water assistance policy and program. Contains various provisions concerning the policy and program. Amends the Public Utilities Act. Adds requirements related to billing statements and reconnection of service for water and sewer utilities. Provides that upon request by a water utility, the Illinois Commerce Commission may allow, but may not require, a water utility to establish a customer assistance program. Provides that an entity subject to certain federal laws that serves or provides water or sewer services to a specified number of people shall conduct a cost of service study every 5 years. Amends the Environmental Protection Act. Provides that within one year of the effective date of the amendatory Act, every community water system shall create a plan to remove all known lead service lines within 10 years from the completion of the plan. Requires each community water system to implement an asset management plan designed to inspect, maintain, repair, and renew its infrastructure within 18 months of the effective date of the amendatory Act. Requires the Department of Public Health to adopt rules for lead replacement that require an expedited timeline for high risk facilities and communities within 18 months of the effective date of the amendatory Act. Creates the Statewide Advisory Council on Lead in Drinking Water and requires specified community water supplies to create water system advisory councils tasked with various duties related to lead in drinking water awareness. Makes other changes.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Department of Commerce and Economic
5Opportunity Law of the Civil Administrative Code of Illinois is
6amended by adding Section 605-870 as follows:
7 (20 ILCS 605/605-870 new)
8 Sec. 605-870. Low-Income Water Assistance Program.
9 (a) The Department shall by rule establish a comprehensive
10low-income water assistance policy and program that
11incorporates financial assistance and includes, but is not
12limited to, water efficiency or water quality projects, or
13other measures to ensure that residents have access to
14affordable and clean water. The policy and program shall not
15jeopardize the ability of public utilities and other entities
16to receive just compensation for providing services. The
17resources applied in achieving the policy and program shall be
18coordinated and efficiently used through the integration of
19public programs and through the targeting of assistance. The
20Department shall use all appropriate and available means to
21fund this program and, to the extent possible, identify and use
22sources of funding that complement State tax revenues.
23 (b) The program shall be eligible to any person who is a

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1resident of the State and whose household income is not greater
2than an amount determined annually by the Department may apply
3for assistance under this Section in accordance with rules
4adopted by the Department. In setting the annual eligibility
5level, the Department shall consider the amount of available
6funding and may not set a limit higher than 150% of the federal
7nonfarm poverty level as established by the federal Office of
8Management and Budget.
9 (c) Applicants who qualify for assistance under subsection
10(b) shall, subject to appropriation from the General Assembly
11and subject to availability of funds to the Department, receive
12assistance as provided by this Section. The Department, upon
13receipt of moneys authorized under this Section for assistance,
14shall commit funds for each qualified applicant in an amount
15determined by the Department. In determining the amounts of
16assistance to be provided to or on behalf of a qualified
17applicant, the Department shall ensure that the highest amounts
18of assistance go to households with the greatest water costs in
19relation to household income. The Department shall include
20factors such as water costs, household size, household income,
21and region of the State when determining individual household
22benefits. In adopting rules for the administration of this
23Section the Department shall assure that a minimum of 1/3 of
24funds available for benefits to eligible households with the
25lowest incomes and that elderly households, households with
26persons with disabilities, and households with children under 6

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1years of age are offered a priority application period.
2 (d) Application materials for the program shall be made
3available in multiple languages.
4 (e) The Department may adopt any rules necessary to
5implement the policy and program under this Section.
6 Section 10. The Public Utilities Act is amended by changing
7Section 8-306 as follows:
8 (220 ILCS 5/8-306)
9 Sec. 8-306. Special provisions relating to water and sewer
10utilities.
11 (a) No later than 120 days after the effective date of this
12amendatory Act of the 94th General Assembly, the Commission
13shall prepare, make available to customers upon request, and
14post on its Internet web site information concerning the
15service obligations of water and sewer utilities and remedies
16that a customer may pursue for a violation of the customer's
17rights. The information shall specifically address the rights
18of a customer of a water or sewer utility in the following
19situations:
20 (1) The customer's water meter is replaced.
21 (2) The customer's bill increases by more than 50%
22 within one billing period.
23 (3) The customer's water service is terminated.
24 (4) The customer wishes to complain after receiving a

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1 termination of service notice.
2 (5) The customer is unable to make payment on a billing
3 statement.
4 (6) A rate is filed, including without limitation a
5 surcharge or annual reconciliation filing, that will
6 increase the amount billed to the customer.
7 (7) The customer is billed for services provided prior
8 to the date covered by the billing statement.
9 (8) The customer is due to receive a credit.
10 Each billing statement issued by a water or sewer utility
11shall include an Internet web site address where the customer
12can view the information required under this subsection (a) and
13a telephone number that the customer may call to request a copy
14of the information.
15 (a-5) Each billing statement issued by a water or sewer
16utility shall include:
17 (1) all fixed charges;
18 (2) all volumetric charges; and
19 (3) the total number of gallons used since the last
20 billing period.
21 If a bill is not calculated based upon volumetric use, then
22the method for calculating the bill must be described on the
23bill.
24 (b) A water or sewer utility may discontinue service only
25after it has mailed or delivered by other means a written
26notice of discontinuance substantially in the form of Appendix

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1A of 83 Ill. Adm. Code 280. The notice must include the
2Internet web site address where the customer can view the
3information required under subsection (a) and a telephone
4number that the customer may call to request a copy of the
5information. Any notice required to be delivered or mailed to a
6customer prior to discontinuance of service shall be delivered
7or mailed separately from any bill. Service shall not be
8discontinued until at least 5 days after delivery or 8 days
9after the mailing of this notice. Service shall not be
10discontinued and shall be restored if discontinued for the
11reason which is the subject of a dispute or complaint during
12the pendency of informal or formal complaint procedures of the
13Illinois Commerce Commission under 83 Ill. Adm. Code 280.160 or
14280.170, where the customer has complied with those rules.
15Service shall not be discontinued and shall be restored if
16discontinued where a customer has established a deferred
17payment agreement pursuant to 83 Ill. Adm. Code 280.110 and has
18not defaulted on such agreement. Residential customers who are
19indebted to a utility for past due utility service shall have
20the opportunity to make arrangements with the utility to retire
21the debt by periodic payments, referred to as a deferred
22payment agreement, unless this customer has failed to make
23payment under such a plan during the past 12 months. The terms
24and conditions of a reasonable deferred payment agreement shall
25be determined by the utility after consideration of the
26following factors, based upon information available from

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1current utility records or provided by the customer or
2applicant:
3 (1) size of the past due account;
4 (2) customer or applicant's ability to pay;
5 (3) customer or applicant's payment history;
6 (4) reason for the outstanding indebtedness; and
7 (5) any other relevant factors relating to the
8 circumstances of the customer or applicant's service.
9A residential customer shall pay a maximum of one-fourth of the
10amount past due and owing at the time of entering into the
11deferred payment agreement, and the water or sewer utility
12shall allow a minimum of 2 months from the date of the
13agreement and a maximum of 12 months for payment to be made
14under a deferred payment agreement. Late payment charges may be
15assessed against the amount owing that is the subject of a
16deferred payment agreement.
17 (b-5) A water or sewer utility may not charge more than $50
18for reconnecting service.
19 (c) A water or sewer utility shall provide notice as
20required by subsection (a) of Section 9-201 after the filing of
21each information sheet under a purchased water surcharge,
22purchased sewage treatment surcharge, or qualifying
23infrastructure plant surcharge. The utility also shall post
24notice of the filing in accordance with the requirements of 83
25Ill. Adm. Code 255. Unless filed as part of a general rate
26increase, notice of the filing of a purchased water surcharge

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1rider, purchased sewage treatment surcharge rider, or
2qualifying infrastructure plant surcharge rider also shall be
3given in the manner required by this subsection (c) for the
4filing of information sheets.
5 (d) Commission rules pertaining to formal and informal
6complaints against public utilities shall apply with full and
7equal force to water and sewer utilities and their customers,
8including provisions of 83 Ill. Adm. Code 280.170, and the
9Commission shall respond to each complaint by providing the
10consumer with a copy of the utility's response to the complaint
11and a copy of the Commission's review of the complaint and its
12findings. The Commission shall also provide the consumer with
13all available options for recourse.
14 (e) Any refund shown on the billing statement of a customer
15of a water or sewer utility must be itemized and must state if
16the refund is an adjustment or credit.
17 (f) Water service for building construction purposes. At
18the request of any municipality or township within the service
19area of a public utility that provides water service to
20customers within the municipality or township, a public utility
21must (1) require all water service used for building
22construction purposes to be measured by meter and subject to
23approved rates and charges for metered water service and (2)
24prohibit the unauthorized use of water taken from hydrants or
25service lines installed at construction sites.
26 (g) Water meters.

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1 (1) Periodic testing. Unless otherwise approved by the
2 Commission, each service water meter shall be periodically
3 inspected and tested in accordance with the schedule
4 specified in 83 Ill. Adm. Code 600.340, or more frequently
5 as the results may warrant, to insure that the meter
6 accuracy is maintained within the limits set out in 83 Ill.
7 Adm. Code 600.310.
8 (2) Meter tests requested by customer.
9 (A) Each utility furnishing metered water service
10 shall, without charge, test the accuracy of any meter
11 upon request by the customer served by such meter,
12 provided that the meter in question has not been tested
13 by the utility or by the Commission within 2 years
14 previous to such request. The customer or his or her
15 representatives shall have the privilege of witnessing
16 the test at the option of the customer. A written
17 report, giving the results of the test, shall be made
18 to the customer.
19 (B) When a meter that has been in service less than
20 2 years since its last test is found to be accurate
21 within the limits specified in 83 Ill. Adm. Code
22 600.310, the customer shall pay a fee to the utility
23 not to exceed the amounts specified in 83 Ill. Adm.
24 Code 600.350(b). Fees for testing meters not included
25 in this Section or so located that the cost will be out
26 of proportion to the fee specified will be determined

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1 by the Commission upon receipt of a complete
2 description of the case.
3 (3) Commission referee tests. Upon written application
4 to the Commission by any customer, a test will be made of
5 the customer's meter by a representative of the Commission.
6 For such a test, a fee as provided for in subsection (g)(2)
7 shall accompany the application. If the meter is found to
8 be registering more than 1.5% fast on the average when
9 tested as prescribed in 83 Ill. Adm. Code 600.310, the
10 utility shall refund to the customer the amount of the fee.
11 The utility shall in no way disturb the meter after a
12 customer has made an application for a referee test until
13 authority to do so is given by the Commission or the
14 customer in writing.
15 (h) Water and sewer utilities; low usage. Each public
16utility that provides water and sewer service must establish a
17unit sewer rate, subject to review by the Commission, that
18applies only to those customers who use less than 1,000 gallons
19of water in any billing period.
20 (i) Water and sewer utilities; separate meters. Each public
21utility that provides water and sewer service must offer
22separate rates for water and sewer service to any commercial or
23residential customer who uses separate meters to measure each
24of those services. In order for the separate rate to apply, a
25combination of meters must be used to measure the amount of
26water that reaches the sewer system and the amount of water

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1that does not reach the sewer system.
2 (j) Each water or sewer public utility must disclose on
3each billing statement any amount billed that is for service
4provided prior to the date covered by the billing statement.
5The disclosure must include the dates for which the prior
6service is being billed. Each billing statement that includes
7an amount billed for service provided prior to the date covered
8by the billing statement must disclose the dates for which that
9amount is billed and must include a copy of the document
10created under subsection (a) and a statement of current
11Commission rules concerning unbilled or misbilled service.
12 (k) When the customer is due a refund resulting from
13payment of an overcharge, the utility shall credit the customer
14in the amount of overpayment with interest from the date of
15overpayment by the customer. The rate for interest shall be at
16the appropriate rate determined by the Commission under 83 Ill.
17Adm. Code 280.70.
18 (l) Water and sewer public utilities; subcontractors. The
19Commission shall adopt rules for water and sewer public
20utilities to provide notice to the customers of the proper kind
21of identification that a subcontractor must present to the
22customer, to prohibit a subcontractor from soliciting or
23receiving payment of any kind for any service provided by the
24water or sewer public utility or the subcontractor, and to
25establish sanctions for violations.
26 (m) Water and sewer public utilities; unaccounted-for

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1water. By December 31, 2006, each water public utility shall
2file tariffs with the Commission to establish the maximum
3percentage of unaccounted-for water that would be considered in
4the determination of any rates or surcharges. The rates or
5surcharges approved for a water public utility shall not
6include charges for unaccounted-for water in excess of this
7maximum percentage without well-documented support and
8justification for the Commission to consider in any request to
9recover charges in excess of the tariffed maximum percentage.
10 (n) Rate increases; public forums. When any public utility
11providing water or sewer service proposes a general rate
12increase, in addition to other notice requirements, the water
13or sewer public utility must notify its customers of their
14right to request a public forum. A customer or group of
15customers must make written request to the Commission for a
16public forum and must also provide written notification of the
17request to the customer's municipal or, for unincorporated
18areas, township government. The Commission, at its discretion,
19may schedule the public forum. If it is determined that public
20forums are required for multiple municipalities or townships,
21the Commission shall schedule these public forums, in locations
22within approximately 45 minutes drive time of the
23municipalities or townships for which the public forums have
24been scheduled. The public utility must provide advance notice
25of 30 days for each public forum to the governing bodies of
26those units of local government affected by the increase. The

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1day of each public forum shall be selected so as to encourage
2the greatest public participation. Each public forum will begin
3at 7:00 p.m. Reports and comments made during or as a result of
4each public forum must be made available to the hearing
5officials and reviewed when drafting a recommended or tentative
6decision, finding or order pursuant to Section 10-111 of this
7Act.
8 (o) Upon request by a water utility, the Commission may
9allow, but may not require, a water utility to establish a
10customer assistance program that:
11 (1) uses State or federal infrastructure funds; or
12 (2) provides financial relief to residential customers
13 who qualify for income-related assistance.
14 A customer assistance program established under this
15subsection that affects rates and charges for service is not
16discriminatory for purposes of this Act or any other law
17regulating rates and charges for service. In considering
18whether to approve a water utility's proposed customer
19assistance program, the Commission shall determine that a
20customer assistance program established under this subsection
21is in the public interest.
22 The Commission shall adopt rules to implement this
23subsection. These rules shall require customer assistance
24programs under this subsection to coordinate with utility
25energy efficiency programs and the Illinois Home
26Weatherization Assistance Program for the purpose of informing

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1eligible customers of additional resources that may help the
2customer conserve water.
3 (p) An entity subject to the federal Safe Drinking Water
4Act and the federal Clean Water Act that serves or provides
5water or sewer services to a population of more than 2,000 but
6less than 1,000,000 shall conduct a cost of service study every
75 years. The study shall include all revenue recovered from
8water or sewer bills, and the percentage of the cost of service
9used for water or sewer capital investment. The study shall be
10submitted to the Environmental Protection Agency and published
11on the Agency's website.
12(Source: P.A. 94-950, eff. 6-27-06.)
13 Section 15. The Environmental Protection Act is amended by
14changing Section 17.11 and by adding Section 17.12 as follows:
15 (415 ILCS 5/17.11)
16 Sec. 17.11. Lead in drinking water notifications and
17inventories.
18 (a) The purpose of this Section is to require the owners
19and operators of community water systems to (i) create a
20comprehensive lead service line inventory; and (ii) provide
21notice to occupants of potentially affected residences of
22construction or repair work on water mains, lead service lines,
23or water meters.
24 (b) For the purposes of this Section:

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1 "Community water system" has the meaning provided in 35
2 Ill. Adm. Code 611.101.
3 "Potentially affected residence" means any residence
4 where water service is or may be temporarily interrupted or
5 shut off by or on behalf of an owner or operator of a
6 community water system because construction or repair work
7 is to be performed by or on behalf of the owner or operator
8 of a community water system on or affecting a water main,
9 service line, or water meter.
10 "Small system" has the meaning provided in 35 Ill. Adm.
11 Code 611.350.
12 (c) The owner or operator of each community water system in
13the State shall develop a water distribution system material
14inventory that shall be submitted in written or electronic form
15to the Agency on an annual basis commencing on April 15, 2018
16and continuing on each April 15 thereafter until the water
17distribution system material inventory is completed. In
18addition to meeting the requirements for water distribution
19system material inventories that are mandated by the United
20States Environmental Protection Agency, each water
21distribution system material inventory shall identify:
22 (1) the total number of service lines within or
23 connected to the distribution system, including privately
24 owned service lines;
25 (2) the number of all known lead service lines within
26 or connected to the distribution system, including

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1 privately owned lead service lines; and
2 (3) the number of the lead service lines that were
3 added to the inventory after the previous year's
4 submission.
5 Nothing in this subsection shall be construed to require
6that service lines be unearthed.
7 (d) Beginning on January 1, 2018, when conducting routine
8inspections of community water systems as required under this
9Act, the Agency may conduct a separate audit to identify
10progress that the community water system has made toward
11completing the water distribution system material inventories
12required under subsection (c) of this Section.
13 (e) The owner or operator of the community water system
14shall provide notice of construction or repair work on a water
15main service line, or water meter in accordance with the
16following requirements:
17 (1) At least 14 days prior to beginning planned work to
18 repair or replace any water mains or lead service lines,
19 the owner or operator of a community water system shall
20 notify, through an individual written notice, each
21 potentially affected residence of the planned work. In
22 cases where a community water system must perform
23 construction or repair work on an emergency basis or where
24 such work is not scheduled at least 14 days prior to work
25 taking place, the community water system shall notify each
26 potentially affected residence as soon as reasonably

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1 possible. When work is to repair or replace a water meter,
2 the notification shall be provided at the time the work is
3 initiated.
4 (2) Such notification shall include, at a minimum:
5 (A) a warning that the work may result in sediment,
6 possibly containing lead, in the residence's water
7 supply; and
8 (B) information concerning best practices for
9 preventing the consumption of any lead in drinking
10 water, including a recommendation to flush water lines
11 during and after the completion of the repair or
12 replacement work and to clean faucet aerator screens;
13 and
14 (C) information regarding the dangers of lead in
15 young children.
16 (3) To the extent that the owner or operator of a
17 community water system serves a significant proportion of
18 non-English speaking consumers, the notification must
19 contain information in the appropriate languages regarding
20 the importance of the notice, and it must contain a
21 telephone number or address where a person served may
22 contact the owner or operator of the community water system
23 to obtain a translated copy of the notification or to
24 request assistance in the appropriate language.
25 (4) Notwithstanding anything to the contrary set forth
26 in this Section, to the extent that (a) notification is

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1 required for the entire community served by a community
2 water system, (b) notification is required for
3 construction or repairs occurring on an emergency basis, or
4 (c) the community water system is a small system,
5 publication notification, through a local media, social
6 media or other similar means, may be utilized in lieu of an
7 individual written notification.
8 (5) If an owner or operator is required to provide an
9 individual written notification to a residence that is a
10 multidwelling building, posting a written notification on
11 the primary entrance way to the building shall be
12 sufficient.
13 (6) The notification requirements in this subsection
14 (e) do not apply to work performed on water mains that are
15 used to transmit treated water between community water
16 systems and have no service connections.
17 (7) The owner or operator of a community water system
18 may seek a full or partial waiver of the requirements of
19 this subsection from the Agency if (i) the community water
20 system was originally constructed without lead, (ii) the
21 residential structures were constructed under local
22 building codes that categorically prohibited lead
23 construction materials or the owner or operator of a
24 community water system certifies that any residential
25 structures requiring notification were constructed without
26 lead, and (iii) no lead sediment is likely to be present

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1 within the community water system or residential
2 structures. The owner or operator of a community water
3 system may seek a time-limited or permanent waiver.
4 (8) The owner and operator of a community water system
5 shall not be required to comply with this subsection (e) to
6 the extent that the corresponding water distribution
7 system material inventory has been completed that
8 demonstrates the water distribution system does not
9 contain any lead.
10 (f) Within one year of the effective date of this
11amendatory Act of the 100th General Assembly, every community
12water system in Illinois shall create a plan to remove all
13known lead service lines, both publicly owned and privately
14owned, within 10 years from the completion of the plan. The
15plan shall be updated and submitted to the Agency within 6
16months of completion of the inventory submitted under
17subsection (i). The plan shall include:
18 (1) an engineering study;
19 (2) estimated costs;
20 (3) a financing plan;
21 (4) a feasibility and affordability plan;
22 (5) a plan for prioritizing high risk areas;
23 (6) a proposed schedule for replacements that includes
24 annual benchmarks; and
25 (7) measures to encourage diversity in hiring in the
26 workforce required to implement the plan, if feasible.

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1 In years subsequent to the submittal of the community water
2system's plan, on a yearly basis, the community water system
3shall submit to the Agency a report on the progress it has made
4on its plan and meeting its replacement obligation. The report
5shall certify that the community water system is meeting its
6benchmarks to remove all lead service lines within 10 years. If
7the community water system has not met a benchmark, then it
8shall include in its report the reason why it failed to meet
9the benchmark, and its plan to meet future benchmarks.
10 Both the original plan and all subsequent annual reports
11shall be published on the Agency's website, distributed to
12customers, and available in multiple languages. The Agency
13shall develop a standardized, electronic form for the plan and
14reports. The Agency may charge a reasonable filing fee for the
15plan and reports.
16 Each system shall achieve a minimum annual target for
17replacement of 5% of inventoried lines. Partial replacement of
18lead service lines is prohibited. Replacement shall be made
19with copper lines or other lines deemed acceptable for public
20health by the Department of Public Health.
21 (g) In an effort to reduce water loss due to aging
22infrastructure and reduce associated cost burdens on water
23providers, municipalities, and consumers, beginning no later
24than 18 months after the effective date of this amendatory Act
25of the 100th General Assembly, each community water system
26shall implement an asset management plan designed to inspect,

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1maintain, repair, and renew its infrastructure consistent with
2standards established by the American Water Works Association.
3The asset management plan shall include:
4 (1) a water main renewal program designed to achieve a
5 150-year replacement cycle or another appropriate
6 replacement cycle as determined by a detailed engineering
7 analysis of the asset condition and estimated service lives
8 of the water mains serving the public water system;
9 (2) a water supply and treatment program designed to
10 inspect, maintain, repair, renew, and upgrade wells,
11 intakes, pumps, and treatment facilities in accordance
12 with all federal and State regulations, standards
13 established by the American Water Works Association; and
14 (3) any other programs, plans, or provisions as may be
15 required by the Agency under existing rules.
16 Each community water system shall dedicate funds on an
17annual basis to address and remediate the highest priority
18projects as determined by its asset management plan and the
19rules adopted under subsection (j).
20 All asset management plans and system condition reports
21shall be certified by the licensed operator in charge or
22professional engineer of the community water system and the
23responsible corporate officer of the community water system, if
24privately held; executive director, if an authority; or mayor
25or chief executive officer of the municipality, if municipally
26owned; as applicable. The replacement cycle shall be determined

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1by dividing the miles of water main located in the community
2water system by 150 or other appropriate demonstration set
3forth in the certified asset management plan prepared in
4accordance with this subsection.
5 (h) At least once every 3 years, each community water
6system shall provide to the Agency a report based on its asset
7management plan prepared in accordance with subsection (g)
8identifying the infrastructure improvements to be undertaken
9in the coming 3 years and the cost of those improvements, as
10well as identifying the infrastructure improvements completed
11in the past 3 years and the cost of those improvements.
12 The Agency shall create a publicly accessible centralized
13portal allowing for electronic submittal of the report required
14under this subsection. The lack of a centralized portal shall
15not negate the requirement for a community water system to
16submit a report.
17 (i) The Agency shall adopt rules within 18 months that
18require each community water system to complete an inventory
19within 4 years of the effective date of this amendatory Act of
20the 100th General Assembly. The rules shall concern matters
21including:
22 (1) what aspects of a community water system must be
23 included in the inventory, for example, parts and
24 materials;
25 (2) what community water systems must comply;
26 (3) how to handle denial of access by a homeowner;

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1 (4) lead notification provided to a homeowner once lead
2 is identified and how to handle when a community water
3 system can not tell what a material is;
4 (5) inclusion of inventory information in a consumer
5 confidence report; and
6 (6) that the information must be available online and,
7 where feasible, in the form of an address-searchable map.
8 (j) Within 12 months of the effective date of this
9amendatory Act of the 100th General Assembly, the Department of
10Public Health shall adopt rules for lead replacement that
11require an expedited timeline for high risk facilities and
12communities. Factors that the Department shall consider in
13determining high risk prioritization shall include public
14school water lead testing data, recent blood lead level
15community testing, and the median age of homes and buildings
16within a designated area.
17 Facilities that may be included in high risk prioritization
18include public and private schools or school board facilities,
19public and private hospitals and medical clinics, community
20centers, adult foster care facilities, child daycare
21facilities, mental health facilities, human services
22facilities, transitional housing facilities, and churches.
23(Source: P.A. 99-922, eff. 1-17-17.)
24 (415 ILCS 5/17.12 new)
25 Sec. 17.12. Statewide Advisory Council on Lead in Drinking

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1Water.
2 (a) As used in this Section, "Statewide Council" means the
3Statewide Advisory Council on Lead in Drinking Water.
4 (b) The Statewide Advisory Council on Lead in Drinking
5Water is created. The Statewide Council shall do the following:
6 (1) develop plans for continuing public awareness
7 about lead in drinking water;
8 (2) in consultation with the Agency and the United
9 States Department of Health and Human Services, generate
10 public awareness campaign materials about lead to be
11 distributed by community water supplies in multiple
12 languages;
13 (3) assist in promoting the transparency of data and
14 documents related to lead in drinking water within the
15 State;
16 (4) advise and consult with water system advisory
17 councils established under subsection (d) on the
18 development of appropriate plans for remediation and
19 public education to be implemented if the lead action level
20 is exceeded;
21 (5) provide advice, direction, and assistance to
22 individual public water supplies and the water system
23 advisory councils; and
24 (6) provide information on best practices to encourage
25 diversity in hiring.
26 (c) The membership of the Statewide Council shall consist

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1of:
2 (1) one community water supply representative;
3 (2) one non-community water supply representative;
4 (3) one representative of a local government;
5 (4) one medical professional;
6 (5) one professor of public health at a university in
7 the State;
8 (6) one representative of an environmental or public
9 health advocacy group;
10 (7) one public health educator;
11 (8) two residents of communities significantly
12 impacted by lead exposure generally; and
13 (9) two members of the general public.
14 The Governor shall appoint the members of the Statewide
15Council. To be eligible for appointment to the Statewide
16Council, an individual shall have a demonstrated interest in or
17knowledge of lead in drinking water and its effects, as well as
18a demonstrated record of, or commitment to, working to protect
19the public from lead in water. Members of the Statewide Council
20shall serve without compensation.
21 The members first appointed to the Statewide Council shall
22be appointed within 90 days after the effective date of this
23amendatory Act of the 100th General Assembly. Members of the
24Statewide Council shall serve for terms of 3 years or until a
25successor is appointed, whichever is later, except certain
26initial members may be appointed for shorter terms to achieve a

SB3080- 25 -LRB100 20108 MJP 35391 b
1staggering of terms. If a vacancy occurs on the Statewide
2Council, an appointment for the unexpired term shall be made in
3the same manner as the original appointment. A member of the
4Statewide Council may be removed for incompetence, dereliction
5of duty, malfeasance, misfeasance, or nonfeasance in office, or
6any other good cause.
7 At the first meeting of the Statewide Council, the
8Statewide Council shall elect from its members a chairperson
9and other officers as it considers necessary or appropriate.
10After the first meeting, the council shall meet at least
11quarterly. A majority of the members of the Statewide Council
12constitute a quorum for the transaction business at a meeting
13of the Statewide Council. A majority of the members present and
14serving are required for official action of the Statewide
15Council.
16 The Agency shall provide administrative and other support
17to the Statewide Council.
18 (d) Each community water supply that serves a population of
1950,000 or more shall create a water system advisory council. A
20water system advisory council shall consist of at least 5
21members, appointed by the community water supply. To be
22eligible for appointment to the water system advisory council,
23an individual shall have a demonstrated interest in or
24knowledge about lead in drinking water and its effects, as well
25as a demonstrated record of, or commitment to, working to
26protect the public from lead in water or be an individual who

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1has been significantly impacted by lead exposure. The members
2first appointed to a water system advisory council shall be
3appointed within 180 days after the effective date of this
4amendatory Act of the 100th General Assembly. Members of a
5water system advisory council shall serve without
6compensation.
7 The business that the water system advisory council may
8perform shall be conducted at a public meeting of the water
9system advisory council and held in compliance with the Open
10Meetings Act. The first meeting of a water system advisory
11council shall be called by the community water supply. At the
12first meeting, the water system advisory council shall elect
13from its members a chairperson and other officers as it
14consider necessary or appropriate. After the first meeting, the
15water system advisory council shall meet at least annually.
16 A writing prepared, owned, used, in the possession of, or
17retained by the water system advisory council in the
18performance of an official function is subject to the Freedom
19of Information Act.
20 A water system advisory council shall do the following:
21 (1) Develop plans for continuing public awareness
22 about lead in drinking water, even when the action level is
23 not exceeded.
24 (2) Review public awareness campaign materials
25 provided by the Statewide Council to ensure the needs and
26 interests of the community, considering the economic and

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1 cultural diversity of its residents, are addressed.
2 (3) Advise and consult with the community water supply
3 on the development of appropriate plans for remediation and
4 public education to be implemented if a lead action level
5 is exceeded.
6 (4) Assist in promoting transparency of all data and
7 documents related to lead in drinking water within the
8 community water supply's service area.
9 (5) Collaborate with local community groups to ensure
10 that residents have the opportunity to be involved in
11 efforts to educate the community about lead in drinking
12 water.
13 A water system advisory council may independently seek
14advice, direction, and assistance from the Agency or the
15Statewide Council.

SB3080- 28 -LRB100 20108 MJP 35391 b
1 INDEX
2 Statutes amended in order of appearance