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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Lead Poisoning Prevention Act is amended by | ||||||||||||||||||||||||||
5 | changing Section 11.05 and by adding Section 9.5 as follows: | ||||||||||||||||||||||||||
6 | (410 ILCS 45/9.5 new) | ||||||||||||||||||||||||||
7 | Sec. 9.5. Illinois Hazardous Housing Registry. | ||||||||||||||||||||||||||
8 | (a) The Department shall create, maintain, and make | ||||||||||||||||||||||||||
9 | available to the public a Hazardous Housing Registry that will | ||||||||||||||||||||||||||
10 | provide information regarding all properties within this State | ||||||||||||||||||||||||||
11 | for which a mitigation notice has been issued pursuant to | ||||||||||||||||||||||||||
12 | Section 9 of this Act. The property shall remain on the | ||||||||||||||||||||||||||
13 | registry until the Department issues a certificate of | ||||||||||||||||||||||||||
14 | compliance pursuant to subsection (7) of Section 9 of this Act. | ||||||||||||||||||||||||||
15 | (b) The following information shall be made available for | ||||||||||||||||||||||||||
16 | properties included on the registry: | ||||||||||||||||||||||||||
17 | (1) whether the property is a single family home or | ||||||||||||||||||||||||||
18 | multi-unit dwelling; | ||||||||||||||||||||||||||
19 | (2) street address, including unit or apartment | ||||||||||||||||||||||||||
20 | number, city and county; | ||||||||||||||||||||||||||
21 | (3) date the mitigation notice was issued; | ||||||||||||||||||||||||||
22 | (4) the dates of any deadline extensions issued by the | ||||||||||||||||||||||||||
23 | Department or its delegate agencies pursuant to subsection |
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1 | (6) of Section 9 of this Act; | ||||||
2 | (5) whether a mitigation or abatement plan has been | ||||||
3 | filed by the property owner pursuant to subsection (4) of | ||||||
4 | Section 9 of this Act; and | ||||||
5 | (6) whether the Department has issued a notice of | ||||||
6 | deficiency pursuant to subsection (7) of Section 9 of this | ||||||
7 | Act. | ||||||
8 | (c) Properties shall be added to and removed from the | ||||||
9 | Hazardous Housing Registry as follows: | ||||||
10 | (1) Properties shall be added to the registry within 3 | ||||||
11 | business days of the date the mitigation notice is issued | ||||||
12 | by the Department. | ||||||
13 | (2) A property shall be removed from the registry upon | ||||||
14 | issuance of the certificate of compliance by the | ||||||
15 | Department. | ||||||
16 | (d) The Department shall make the Hazardous Housing | ||||||
17 | Registry available on its Internet website, accessible through | ||||||
18 | a link on the Department's home page or first entry point. The | ||||||
19 | registry shall be capable of being searched by city and county. | ||||||
20 | (e) The Department shall include the required information | ||||||
21 | for all housing for which a mitigation notice was issued prior | ||||||
22 | to the effective date of this amendatory Act of the 95th | ||||||
23 | General Assembly.
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24 | (410 ILCS 45/11.05)
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25 | Sec. 11.05. Advisory Council.
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1 | (a) The General Assembly finds the following:
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2 | (1) Lead-based paint poisoning is a potentially | ||||||
3 | devastating
but preventable disease and is the number one
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4 | environmental threat to children's health in the United
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5 | States.
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6 | (2) The number of lead-poisoned children in Illinois is | ||||||
7 | among
the highest in the nation, especially in older, | ||||||
8 | affordable
properties.
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9 | (3) Lead poisoning causes irreversible damage to the
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10 | development of a child's nervous system. Even at low and
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11 | moderate levels, lead poisoning causes learning
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12 | disabilities, speech problems, shortened attention span,
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13 | hyperactivity, and behavioral problems. Recent research
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14 | links high levels of lead exposure to lower IQ scores and
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15 | to juvenile delinquency.
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16 | (4) Older housing is the number one risk factor for | ||||||
17 | childhood
lead poisoning. Properties built before 1950 are
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18 | statistically much more likely to contain lead-based paint
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19 | hazards than buildings constructed more recently.
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20 | (5) Illinois ranks 10th out of the 50 states in
the age | ||||||
21 | of its housing stock. More than 50% of the
housing units in | ||||||
22 | Chicago and in Rock Island, Peoria,
Macon, Madison, and | ||||||
23 | Kankakee counties were built before
1960 and more than 43% | ||||||
24 | of the housing units in St. Clair,
Winnebago, Sangamon, | ||||||
25 | Kane, and Cook counties were built
before 1950.
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26 | (6) There are nearly 1.4 million households with |
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1 | lead-based
paint hazards in Illinois.
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2 | (7) Most children are lead-poisoned in their own homes
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3 | through exposure to lead dust from deteriorated lead-paint
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4 | surfaces, like windows, and when lead paint deteriorates or
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5 | is disturbed through home renovation and repainting.
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6 | (8) The control of lead hazards significantly reduces | ||||||
7 | lead poisoning
rates. Other communities, including New | ||||||
8 | York City
and Milwaukee, have successfully reduced lead | ||||||
9 | poisoning
rates by removing lead-based paint hazards on | ||||||
10 | windows.
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11 | (9) Windows are considered a higher lead exposure risk
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12 | more often than other components in a housing unit. Windows
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13 | are a major contributor of lead dust in the home, due to
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14 | both weathering conditions and friction effects on paint.
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15 | (10) There is an insufficient pool of licensed lead
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16 | abatement workers and contractors to address the problem in
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17 | some areas of the State.
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18 | (11) Training, insurance, and licensing costs for lead
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19 | removal workers are prohibitively high.
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20 | (12) Through grants from the United States Department | ||||||
21 | of Housing and
Urban Development, some communities in | ||||||
22 | Illinois have begun
to reduce lead poisoning of children. | ||||||
23 | While this is an
ongoing effort, it addresses only a small | ||||||
24 | number of the
low-income children statewide in communities | ||||||
25 | with high
levels of lead paint in the housing stock.
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26 | (b) For purposes of this Section:
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1 | "Advisory Council" means the Lead-Safe Housing Advisory
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2 | Council created under subsection (c).
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3 | "Lead-Safe Housing Maintenance Standards" or "Standards"
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4 | means standards developed by the Advisory Council pursuant
to | ||||||
5 | this Section.
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6 | "Low-income" means a household at or below 80% of the | ||||||
7 | median
income level for a given county as determined annually | ||||||
8 | by
the United States Department of Housing and Urban
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9 | Development.
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10 | "Primary prevention" means removing lead hazards before a | ||||||
11 | child is
poisoned
rather than relying on identification of a | ||||||
12 | lead poisoned child as the
triggering event.
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13 | (c) The Lead-Safe Housing Advisory
Council is created to | ||||||
14 | advise the Department on lead poisoning prevention
activities. | ||||||
15 | The Advisory Council shall be
chaired by the Director or his or | ||||||
16 | her designee and the chair of the Illinois
Lead Safe Housing | ||||||
17 | Task Force and provided with administrative support by the
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18 | Department. The Advisory Council shall be comprised of (i) the | ||||||
19 | directors, or
their designees, of the Illinois Housing | ||||||
20 | Development Authority and the
Environmental Protection Agency; | ||||||
21 | and (ii) the directors, or their designees,
of public health | ||||||
22 | departments of counties identified by the Department that
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23 | contain communities with a concentration of
high-risk, | ||||||
24 | lead-contaminated properties.
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25 | The Advisory Council shall also include the following | ||||||
26 | members appointed by
the Governor:
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1 | (1) One representative from the Illinois Association | ||||||
2 | of Realtors.
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3 | (2) One representative from the insurance industry.
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4 | (3) Two pediatricians or other physicians with
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5 | knowledge of lead-paint poisoning.
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6 | (4) Two representatives from the private-sector,
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7 | lead-based-paint-abatement
industry who are licensed in
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8 | Illinois as an abatement contractor,
worker, or risk | ||||||
9 | assessor.
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10 | (5) Two representatives from community based | ||||||
11 | organizations in
communities with a concentration of high | ||||||
12 | risk lead contaminated properties.
High-risk
communities | ||||||
13 | shall be identified based upon the prevalence of low-income
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14 | families whose
children are lead poisoned and the age of | ||||||
15 | the housing stock.
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16 | (6) At least 3 lead-safe housing advocates, including
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17 | (i) the parent of a lead-poisoned child, (ii) a
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18 | representative from a child advocacy organization,
and | ||||||
19 | (iii) a representative from a tenant housing
organization.
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20 | (7) One representative from the Illinois paint and | ||||||
21 | coatings industry. | ||||||
22 | Within 9 months after its
formation, the Advisory Council
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23 | shall submit a written report to the Governor and the General | ||||||
24 | Assembly on:
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25 | (1) developing a primary prevention program for | ||||||
26 | addressing lead
poisoning;
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1 | (2) developing a sufficient pool of lead abatement | ||||||
2 | workers and
contractors;
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3 | (3) targeting blood lead screening to children | ||||||
4 | residing in high-risk
buildings and neighborhoods;
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5 | (4) ensuring lead-safe work practices in all | ||||||
6 | remodeling, rehabilitation,
and weatherization work;
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7 | (5) funding mechanisms to assist residential property | ||||||
8 | owners in costs of
lead abatement and mitigation;
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9 | (6) providing insurance subsidies to licensed lead | ||||||
10 | abatement contractors
who target their work to high-risk | ||||||
11 | communities; and
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12 | (7) developing any necessary legislation or rulemaking | ||||||
13 | to improve the
effectiveness of State and local programs in | ||||||
14 | lead abatement and other
prevention and control | ||||||
15 | activities.
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16 | The Advisory Council shall develop handbooks and training | ||||||
17 | for property owners
and tenants
explaining the Standards and | ||||||
18 | State and federal requirements for
lead-safe housing.
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19 | The Advisory Council shall develop a distribution plan for | ||||||
20 | the Hazardous Housing Registry created pursuant to Section 9.5 | ||||||
21 | of this Act. The Department shall implement the distribution | ||||||
22 | plan before January 1, 2009. | ||||||
23 | The Advisory Council shall meet at least quarterly. Its | ||||||
24 | members shall
receive no compensation for
their services, but | ||||||
25 | their reasonable travel expenses actually incurred shall be
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26 | reimbursed by the Department.
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1 | (Source: P.A. 93-348, eff. 1-1-04; 93-789, eff. 7-22-04.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
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