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HB 3739

EPA-WATER SUPPLIES

104th Regular Session Introduced by Bill Cunningham and 8 co-sponsors

HB 3739 narrows IEPA reach on non-community water supplies, shifting oversight to IDPH under IGPA (permits, capacity, inspections, penalties) with SDWA alignment.

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Bill Summary · HB 3739

HB 3739 — EPA — Water Supplies (2025)

Summary (200–400 words)

Purpose

HB 3739 narrows the scope of the Illinois Environmental Protection Act (IEPA) with respect to non‑community water supplies and clarifies regulatory responsibilities under the Illinois Groundwater Protection Act (IGPA). The bill directs that the IEPA generally does not apply to non‑community water supplies, while preserving specific exceptions, and updates definitions, permit, inspection, construction, notification, and enforcement provisions applicable to non‑community systems. The bill also authorizes administrative and civil penalties. Effective immediately.

Key provisions

  • Amends the Environmental Protection Act (415 ILCS 5):
    • Adds Sec. 7.7 (and amends Sec. 3.145 in engrossed text) making the IEPA inapplicable to non‑community water supplies except for:
    • The Illinois Environmental Protection Agency’s implementation of the federal Safe Drinking Water Act (SDWA) (subsection (l) of Section 4 of the Act);
    • Rules adopted by the Pollution Control Board that expressly pertain to non‑community or all public water supplies (Section 5(c) and amendments thereto);
    • Any IEPA provisions or Board rules that are referenced in, or applicable to, non‑community supplies under the Illinois Groundwater Protection Act or DPH rules under that Act.
  • Amends the Illinois Groundwater Protection Act (415 ILCS 55/9):
    • Clarifies and updates definitions (community/non‑community/non‑transient non‑community, private, semi‑private, public water system, supplier of water).
    • Requires Department of Public Health (DPH) review and permitting before construction/alteration/extension of non‑community systems; new non‑transient non‑community systems must demonstrate technical, financial, and managerial capacity consistent with the federal SDWA.
    • Requires construction of private/semi‑private systems under DPH rules; sets minimum standards (e.g., MCLs no more stringent than federal standards where applicable), sampling/recordkeeping, plugging/abandonment standards for wells (consistent with Illinois Oil and Gas Act, with authority to adopt more stringent rules).
    • Provides DPH inspection authority for non‑community, semi‑private, and private systems; allows designation of county or multi‑county health departments as agents.
    • Requires public notice posting when a non‑community or semi‑private system exceeds an applicable maximum contaminant level (MCL).
    • Authorizes administrative and civil penalties (per synopsis).

Who is affected

  • Non‑community water systems (e.g., schools, campgrounds, workplaces, commercial facilities, some transient or non‑transient systems).
  • Operators/suppliers of non‑community, semi‑private, and private water systems.
  • Illinois Department of Public Health (primary regulatory authority under the IGPA), county health departments (as potential implementing agents).
  • Illinois EPA and the Pollution Control Board (retained roles limited to specific SDWA implementation and rulemaking described above).

Procedural status & timeline

  • Introduced in House by Rep. Nabeela Syed (filed 2/7/2025; first reading 2/18/2025).
  • House Committee Amendment 001 filed 3/13/2025; Energy & Environment Committee reported do pass as amended (3/18/2025).
  • Passed House (3rd Reading, short debate) 115–0 on 4/9/2025.
  • Sent to Senate (arrived 4/10/2025); chief Senate sponsor Sen. Bill Cunningham; first reading in Senate and referred to Assignments (4/23/2025).
  • Effective immediately upon enactment (per bill language).

Considerations / potential impacts

  • Regulatory scope shifts more operational oversight of non‑community systems toward DPH and the IGPA framework, while limiting broader application of the IEPA to those supplies except for specified SDWA and Board rule contexts.
  • Operators of non‑community systems may face clarified permitting, capacity demonstration, inspection, public‑notification, and penalty exposure.
  • Potential coordination issues between IEPA, DPH, local health departments, and the Pollution Control Board will be important during rulemaking and implementation.

Compiled from official sources — confirm details with the bill’s official record.

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