HB 3739

Abstract

Creates the Lead Service Line Replacement and Notification Act. Creates the Lead Service Line Replacement Fund to be used to finance and administer programs and activities specified under the Act. Provides that the Environmental Protection Agency shall be responsible for the administration of the Fund and shall allocate moneys on the basis of priorities established by the Agency. Makes a conforming change in the State Finance Act. Requires a lead in drinking water protection fee be imposed on billing water usage in specified amounts to be collected by all community water supplies. Requires the owner or operator of each community water supply to perform specified activities. Creates the Lead Service Line Replacement Advisory Board within the Agency to perform specified duties. Contains other provisions. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Requires the Department of Commerce and Economic Opportunity to establish a comprehensive low-income water assistance policy and program with specified requirements. Amends the Public Utilities Act. Provides that the Illinois Commerce Commission may allow or direct a water utility to establish a customer assistance program that provides financial relief to residential customers who qualify for income-related assistance. Makes other changes. Amends the Environmental Protection Act. Requires specified entities to provide to the Environmental Protection Agency by December 31, 2023, and again by December 31, 2025, specified information as it relates to the cost of providing water service. Provides that the Agency shall publish the information on the Agency's website. Provides that the Agency may adopt rules setting forth the general requirements for submittal of the information. Repeals the provisions regarding the information on January 1, 2026. Repeals a Section regarding lead in drinking water notifications and inventories. House Floor Amendment No. 1 Deletes reference to: New Act 30 ILCS 105/5.935 new 220 ILCS 5/8-306 Adds reference to: 30 ILCS 105/5.938 new Replaces everything after the enacting clause. Provides that the amendatory Act may be referred to as the Lead Service Line Replacement and Notification Act. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Requires the Department of Commerce and Economic Opportunity to establish a comprehensive low-income water assistance policy and program with specified requirements. Amends the Environmental Protection Act. Requires the owner or operator of each community water supply to perform specified activities. Creates the Lead Service Line Replacement Advisory Board within the Environmental Protection Agency to perform specified duties. Creates the Lead Service Line Replacement Fund to be used to finance and administer programs and activities specified under the amendatory provisions. Makes a conforming change in the State Finance Act. Provides that, within one year after the amendatory Act's effective date, the Agency shall design a program with specified requirements for the purpose of administering lead service line replacement funds. Contains other provisions. Repeals a Section of the Environmental Protection Act regarding lead in drinking water notifications and inventories. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes. Requires that when an owner or operator of a community water supply awards a contract under the Act, contracts representing at least 11% of the total projects (rather than of the total annual premiums or fees) shall be awarded to minority-owned businesses; contracts representing at least 7% of the total projects (rather than of the total annual premiums or fees) shall be awarded to women-owned businesses; and contracts representing at least 2% of the total projects (rather than of the total annual premiums or fees) shall be awarded to businesses owned by persons with disabilities. In provisions requiring every owner or operator of a community water supply to create a plan to replace specified service lines, requires a proposed lead service line replacement schedule to also include 10-year goals. Requires the owner or operator of a community water supply to submit a report detailing progress toward plan goals to the Environmental Protection Agency. Specifies requirements for the reports. Provides that corporate authorities of a municipality may exercise the authority provided under specified provisions of the Property Tax Code and Illinois Municipal Code for costs associated with lead service line remediation and replacement (instead of impose a tax, fee, surcharge, charge, assessment, or other amount payable or imposed as deemed necessary, by ordinance or resolution by the corporate authorities, to be used solely for costs incurred by the municipality associated with lead service line remediation). In provisions specifying the replacement rates and timelines for replacement of lead service lines by an owner or operator of a community water supply, requires that a community water supply reporting more than 99,999 lead service lines in its final inventory and replacement plan shall replace all lead service lines, at an annual rate of no less than 2% of the amount described in the final inventory, with a timeline of up to 50 years for completion. Authorizes the Agency to grant one extension of additional time equal to not more than 20% of the original replacement timeline, except in situations of extreme hardship in which the Agency may consider a second additional extension equal to not more than 10% of the original replacement timeline. Removes language limiting the purposes and amounts for which moneys in the Lead Service Line Replacement Fund may be used. Requires the Agency to design rules for a program (rather than design a program) for the purpose of administering lead service line replacement funds. Makes changes to provisions concerning the requirements for the program. Removes language specifying the information that must be included in the annual consumer confidence report required under the United States Environmental Protection Agency's National Primary Drinking Water Regulations. Makes other changes. Senate Floor Amendment No. 2 Makes a technical change in the citation of sections of the Property Tax Code.