SB3176 103RD GENERAL ASSEMBLY

LRB103 37117 AWJ 67236 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3176

Introduced 2/6/2024, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

30 ILCS 105/6z-20.1
65 ILCS 5/11-80-25 new

Amends the Illinois Municipal Code. Provides that a municipality contained within any part of an area where a noise analysis for a Type II federal or federal-aid highway project has occurred shall implement a residential sound insulation program to mitigate interstate highway noise. Includes requirements of the program, including replacement of all windows and doors installed under the program in homes where one or more windows or doors have been found to have caused offensive odors. Provides for the creation of an advisory board to determine which homes contain windows or doors that cause offensive odors and thus are eligible for replacement, to develop recommendations as to the order in which homes are to receive window replacement, to develop a process in which homeowners can demonstrate extreme hardship, and to compile a report. Provides that a municipality shall consider the recommendations of the advisory committee but shall retain final decision-making authority over replacement of windows. Contains other provisions relating to reports by the municipality, funding for claims under the program, and indoor air quality monitoring, laboratory analysis, or replacement requirements. Limits the concurrent exercise of home rule powers. Amends the State Finance Act to make a conforming change.

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 5. The State Finance Act is amended by changing Section 6z-20.1 as follows:

(30 ILCS 105/6z-20.1)

Sec. 6z-20.1. The State Aviation Program Fund and the Sound-Reducing Windows and Doors Replacement Fund.

(a) The State Aviation Program Fund is created in the State Treasury. Moneys in the Fund shall be used by the Department of Transportation for the purposes of administering a State Aviation Program. Subject to appropriation, the moneys shall be used for the purpose of distributing grants to units of local government to be used for airport-related purposes. Grants to units of local government from the Fund shall be distributed proportionately based on equal part enplanements, total cargo, and airport operations. With regard to enplanements that occur within a municipality with a population of over 500,000, grants shall be distributed only to the municipality.

(b) For grants to a unit of government other than a municipality with a population of more than 500,000, "airport-related purposes" means the capital or operating costs of: (1) an airport; (2) a local airport system; or (3) any other local facility that is owned or operated by the person or entity that owns or operates the airport that is directly and substantially related to the air transportation of passengers or property as provided in 49 U.S.C. 47133, including (i) the replacement of sound-reducing windows and doors installed under the Residential Sound Insulation Program and (ii) in-home air quality monitoring testing in residences in which windows or doors were installed under the Residential Sound Insulation Program.

(c) For grants to a municipality with a population of more than 500,000, "airport-related purposes" means the capital costs of: (1) an airport; (2) a local airport system; or (3) any other local facility that (i) is owned or operated by a person or entity that owns or operates an airport and (ii) is directly and substantially related to the air transportation of passengers or property, as provided in 49 U.S.C. 47133. For grants to a municipality with a population of more than 500,000, "airport-related purposes" also means costs, including administrative costs, associated with the replacement of sound-reducing windows and doors installed under the Residential Sound Insulation Program.

(d) In each State fiscal year, $9,500,000 attributable to a municipality with a population of more than 500,000, as provided in subsection (a) of this Section, shall be transferred to the Sound-Reducing Windows and Doors Replacement Fund, a special fund created in the State Treasury. Subject to appropriation, the moneys in the Fund deposited under this subsection shall be used solely for costs, including administrative costs, associated with the mechanical repairs and the replacement of sound-reducing windows and doors installed under the Residential Sound Insulation Program. Any amounts attributable to a municipality with a population of more than 500,000 in excess of $7,500,000 deposited under this subsection in each State fiscal year shall be distributed among the airports in that municipality based on the same formula as prescribed in subsection (a) to be used for airport-related purposes.

(e) Appropriations or grants may be deposited into the Sound-Reducing Windows and Doors Replacement Fund for use by a residential sound insulation program to mitigate interstate highway noise under Section 11-80-25 of the Illinois Municipal Code for the purposes allowed in Section 11-80-25. Appropriations or grants deposited in the Sound-Reducing Windows and Doors Replacement Fund for the purposes of residential sound insulation programs to mitigate interstate highway noise may only be used for those purposes.

(Source: P.A. 103-8, eff. 7-1-23.)

Section 10. The Illinois Municipal Code is amended by adding Section 11-80-25 as follows:

(65 ILCS 5/11-80-25 new)

Sec. 11-80-25. Residential sound insulation program; interstate highways.

(a) A municipality contained within any part of an area where a noise analysis for a Type II federal or federal-aid highway project has occurred shall implement a residential sound insulation program to mitigate interstate highway noise. Using the funds appropriated for the program, the municipality shall install windows and doors to mitigate interstate highway noise and perform an indoor noise monitoring and analysis of windows and doors installed pursuant to the program to determine whether there are any adverse health impacts associated with off-gassing from the windows and doors. The monitoring and analysis shall be consistent with applicable professional and industry standards. The municipality shall make final reports resulting from the monitoring and analysis available to the public on the municipality's website. The municipality shall develop a science-based mitigation plan to address significant health-related impacts, if any, associated with the windows and doors installed under the program as determined by the results of the monitoring and analysis. Subject to appropriation, the municipality shall replace windows and doors in at least 750 residences a year within the area where a noise analysis for the Type II federal or federal-aid highway project has occurred.

(b) In a municipality that has implemented a residential sound insulation program to mitigate interstate highway noise under subsection (a), the municipality shall replace all windows and doors installed under the program in homes where one or more windows or doors have been found to have caused offensive odors if requested by the homeowner, except as provided in this subsection. The replacement shall be made pursuant to a process established by the municipality, which shall include, at a minimum, notification in a newspaper of general circulation and a mailer sent to every address identified as a recipient of windows and doors installed under the program.

Residents who altered or modified a replacement window or door or accepted a replacement screen for a window shall not be disqualified from compensation or future services. Only those homeowners who request that the municipality perform an odor inspection as prescribed by the process established under this subsection within 6 months of notification being published and mailers being sent are eligible for odorous window and odorous door replacement. Residents who are eligible to receive replacement windows or doors shall be allowed to choose the color and type of replacement window or door. For purposes of aiding in the selection of the replacement windows and doors, a showcase and display of available replacement window and door types shall be established and located within the area where the noise analysis for a Type II federal or federal-aid highway project has occurred. Homes that have been identified by the municipality as having odorous windows or doors are not required to make a request to the municipality. The municipality shall also perform in-home air quality testing in residences in which windows and doors are replaced under this subsection. In order to receive in-home air quality testing, a homeowner must request the testing from the municipality, and the total number of homes tested in any given year may not exceed 25% of the total number of homes in which windows and doors were replaced under subsection (a) in the prior calendar year.

(c) An advisory committee shall be formed and composed of the following: (i) 2 members of the municipality who reside in homes that have received windows or doors pursuant to the program and have been identified by the municipality as having odorous windows or doors, appointed by the Secretary of Transportation; (ii) one employee of the Department of Transportation's Office of Highways Project and Implementation; (iii) 2 employees of the municipality that implemented the program; and (iv) 2 members appointed by the Speaker of the House of Representatives, 2 members appointed by the President of the Senate, one member appointed by the Minority Leader of the House of Representatives, and one member appointed by the Minority Leader of the Senate. The advisory committee shall recommend, by majority vote, which homes contain windows or doors that cause offensive odors and thus are eligible for replacement under subsection (b), shall create a list of the homes, and shall develop recommendations as to the order in which homes are to receive window or door replacement. The advisory committee recommendations shall include reasonable and objective criteria for determining which windows or doors are odorous, consideration of the date of odor confirmation for prioritization, severity of odor, and geography, and individual hardship.

The advisory committee shall develop a process in which homeowners can demonstrate extreme hardship. As used in this subsection, "extreme hardship" means liquid infiltration of the window or door, health and medical condition of the resident, and residents with sensitivities related to smell. At least 10% of the homes receiving a replacement in a year shall be homes that have demonstrated extreme hardship.

The advisory committee shall compile a report demonstrating: (i) the number of homes in line to receive a replacement; (ii) the number of homes that received replacement windows or doors, or both; (iii) the number of homes that received financial compensation instead of a replacement; and (iv) the number of homes with confirmed mechanical issues. Until December 31, 2025, the report shall be compiled monthly, and, after December 31, 2025, the report shall be complied quarterly.

The advisory committee shall accept all public questions and furnish a written response within 10 business days. The advisory committee shall comply with the requirements of the Open Meetings Act. The Cook County Department of Transportation and Highways shall provide administrative support to the advisory committee.

(d) The municipality shall consider the recommendations of the advisory committee but shall retain final decision-making authority over replacement of windows and doors installed under the program and shall comply with all federal, State, and local laws involving procurement. A municipality administering claims pursuant to this Section shall provide to every address identified as having submitted a valid claim under this Section a quarterly report setting forth the municipality's activities undertaken pursuant to this Section for that quarter. However, the municipality shall replace windows and doors pursuant to this Section only if and to the extent grants are distributed to and received by the municipality from the Sound-Reducing Windows and Doors Replacement Fund for the costs associated with the replacement of sound-reducing windows and doors installed under the program pursuant to subsection (e) of Section 6z-20.1 of the State Finance Act. The municipality shall revise its specifications for procurement of windows and doors for the program to address potential off-gassing from the windows or doors in future phases of the program. A municipality subject to the Section may not adopt an ordinance or resolution or otherwise regulate with regard to indoor air quality monitoring, laboratory analysis, or replacement requirements, except as provided in this Section, but the limits on regulation of indoor air quality monitoring, laboratory analysis, or replacement requirements may not be construed to limit the municipality's taxing power.

(e) A home rule unit may not regulate indoor air quality monitoring and laboratory analysis and related mitigation and mitigation plans in a manner inconsistent with this Section. This Section is a limitation of home rule powers and functions 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.

(f) This Section may not be construed to create a private right of action.