HB4321 104TH GENERAL ASSEMBLY

LRB104 17039 RTM 30454 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4321

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.

A BILL FOR

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.

"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.

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 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.