Illinois General Assembly - Full Text of SB1774
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Full Text of SB1774  100th General Assembly



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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Comprehensive Lead Education, Reduction,
5and Window Replacement Program Act is amended by changing
6Sections 5, 10, 20, 25, and 30 and by adding Section 16 as
8    (410 ILCS 43/5)
9    Sec. 5. Findings; intent; establishment of program.
10    (a) The General Assembly finds all of the following:
11        (1) Lead-based paint poisoning is a potentially
12    devastating, but preventable disease. It is one of the top
13    environmental threats to children's health in the United
14    States.
15        (2) The number of lead-poisoned children in Illinois is
16    among the highest in the nation, especially in older, more
17    affordable properties.
18        (3) Lead poisoning causes irreversible damage to the
19    development of a child's nervous system. Even at low and
20    moderate levels, lead poisoning causes learning
21    disabilities, problems with speech, shortened attention
22    span, hyperactivity, and behavioral problems. Recent
23    research links low levels of lead exposure to lower IQ



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1    scores and to juvenile delinquency.
2        (4) Older housing is the number one risk factor for
3    childhood lead poisoning. Properties built before 1950 are
4    statistically much more likely to contain lead-based paint
5    hazards than buildings constructed more recently.
6        (5) While the use of lead-based paint in residential
7    properties was banned in 1978, the State of Illinois ranks
8    seventh nationally in the number of housing units built
9    before 1978 and has the highest risk for lead hazards.
10        (5) The State of Illinois ranks 10th out of the 50
11    states in the age of its housing stock. More than 50% of
12    the housing units in Chicago and in Rock Island, Peoria,
13    Macon, Madison, and Kankakee counties were built before
14    1960. More than 43% of the housing units in St. Clair,
15    Winnebago, Sangamon, Kane, and Cook counties were built
16    before 1950.
17        (6) There are nearly 1.4 million households with
18    lead-based paint hazards in Illinois.
19        (7) Most children are lead poisoned in their own homes
20    through exposure to lead dust from deteriorated lead paint
21    surfaces, like windows, and when lead paint deteriorates or
22    is disturbed through home renovation and repainting.
23        (8) Children at the highest risk for lead poisoning
24    live in low-income communities and in older housing
25    throughout the State of Illinois.
26        (8) Less than 25% of children in Illinois age 6 and



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1    under have been tested for lead poisoning . While children
2    are lead poisoned throughout Illinois, counties above the
3    statewide average include: Alexander, Cass, Cook, Fulton,
4    Greene, Kane, Kankakee, Knox, LaSalle, Macon, Mercer,
5    Peoria, Perry, Rock Island, Sangamon, St. Clair,
6    Stephenson, Vermilion, Will, and Winnebago.
7        (9) The control of lead hazards significantly reduces
8    lead-poisoning rates. Other communities, including New
9    York City and Milwaukee, have successfully reduced
10    lead-poisoning rates by removing lead-based paint hazards
11    on windows.
12        (10) Windows are considered a higher lead exposure risk
13    more often than other components in a housing unit. Windows
14    are a major contributor of lead dust in the home, due to
15    both weathering conditions and friction effects on paint.
16        (11) The Comprehensive Lead Elimination, Reduction,
17    and Window Replacement (CLEAR-WIN) Program was established
18    under Public Act 95-492 as a pilot program to reduce
19    potential lead hazards by replacing windows in low-income,
20    pre-1978 homes. It also provided for on-the-job training
21    for community members in 2 pilot communities in Chicago and
22    Peoria County.
23        (12) The CLEAR-WIN Program provided for installation
24    of 8,000 windows in 466 housing units between 2010 and
25    2014. Evaluations of the pilot program determined window
26    replacement was effective in lowering lead hazards and



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1    produced energy, environmental, health, and market
2    benefits. Return on investment was almost $2 for every
3    dollar spent.
4        (13) (11) There is an insufficient pool of licensed
5    lead abatement workers and contractors to address the
6    problem in some areas of the State.
7        (14) (12) Through grants from the U.S. Department of
8    Housing and Urban Development and State dollars, some
9    communities in Illinois have begun to reduce lead poisoning
10    of children. While this is an ongoing effort, it only
11    addresses a small number of the low-income children
12    statewide in communities with high levels of lead paint in
13    the housing stock.
14    (b) It is the intent of the General Assembly to:
15        (1) address the problem of lead poisoning of children
16    by eliminating lead hazards in homes;
17        (2) provide training within communities to encourage
18    the use of lead paint safe work practices;
19        (3) create job opportunities for community members in
20    the lead abatement industry;
21        (4) support the efforts of small business and property
22    owners committed to maintaining lead-safe housing; and
23        (5) assist in the maintenance of affordable lead-safe
24    housing stock.
25    (c) The General Assembly hereby establishes the
26Comprehensive Lead Education, Reduction, and Window



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1Replacement Program to assist residential property owners
2through a Lead Direct Assistance Program loan and grant
3programs to reduce lead paint hazards in residential properties
4through window replacement in pilot area communities. Where
5there is a lack of workers trained to remove lead-based paint
6hazards, job-training programs must be initiated. The General
7Assembly also recognizes that training, insurance, and
8licensing costs are prohibitively high and hereby establishes
9incentives for contractors to do lead abatement work.
10    (d) The Department of Public Health is authorized to:
11        (1) adopt rules necessary to implement this Act;
12        (2) adopt by reference the Illinois Administrative
13    Procedure Act for administration of this Act;
14        (3) assess administrative fines and penalties, as
15    established by the Department by rule, for persons
16    violating rules adopted by the Department under this Act;
17        (4) make referrals for prosecution to the Attorney
18    General or the State's Attorney for the county in which a
19    violation occurs, for a violation of this Act or the rules
20    adopted under this Act; and
21        (5) establish agreements under the Intergovernmental
22    Cooperation Act with the Department of Commerce and
23    Economic Opportunity, the Illinois Housing Development
24    Authority, or any other public agency as required, to
25    implement this Act.
26(Source: P.A. 95-492, eff. 1-1-08.)



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1    (410 ILCS 43/10)
2    Sec. 10. Definitions. In this Act:
3    "Advisory Council" refers to the Lead Safe Housing Advisory
4Council established under Public Act 93-0789.
5    "Child care facility" means any structure used by a child
6care provider licensed by the Department of Children and Family
7Services or a public or private school structure frequented by
8children 6 years of age or younger.
9    "Child-occupied property" means a property where a child
10under 6 years of age is on the property an average of at least 6
11hours per week.
12    "CLEAR-WIN Program" refers to the Comprehensive Lead
13Education, Reduction, and Window Replacement Program created
14pursuant to this Act to assist property owners of single-family
15single family homes and multi-unit residential properties in
16the State pilot area communities, through the Direct Assistance
17Program, which reduces loan and grant programs that reduce lead
18paint and leaded plumbing hazards primarily through window
19replacement and, where necessary, through other lead
20lead-based paint hazard control techniques.
21    "Department" means the Department of Public Health.
22    "Director" means the Director of Public Health.
23    "Lead hazard" means a lead-bearing substance that poses an
24immediate health hazard to humans.
25    "Lead Safe Housing Maintenance Standards" refers to the



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1standards developed by the Lead Safe Housing Department in
2conjunction with the Advisory Council.
3    "Leaded plumbing" means that portion of a building's
4potable water plumbing that is suspected or known to contain
5lead or lead-containing material as indicated by lead in
6potable water samples.
7    "Low-income" means a household at or below 80% of the
8median income level for a given county as determined annually
9by the U.S. Department of Housing and Urban Development.
10    "Person" means an individual, corporation, partnership,
11firm, organization, or association, acting individually or as a
13    "Plumbing" has the meaning ascribed to that term in the
14Illinois Plumbing Licensing Law.
15    "Recipient" means a person receiving direct assistance
16under this Act.
17    "Residential property" means a single-family residence or
18renter-occupied property with up to 8 units.
19    "Pilot area communities" means the counties or cities
20selected by the Department, with the advice of the Advisory
21Council, where properties whose owners are eligible for the
22assistance provided by this Act are located.
23    "Window" means the inside, outside, and sides of sashes and
24mullions and the frames to the outside edge of the frame,
25including sides, sash guides, and window wells and sills.
26(Source: P.A. 95-492, eff. 1-1-08.)



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1    (410 ILCS 43/16 new)
2    Sec. 16. Lead Direct Assistance Program.
3    (a) Subject to appropriation, the Department, in
4consultation with the Advisory Council, shall establish and
5operate the Lead Direct Assistance Program throughout the
6State. The purpose of the Lead Direct Assistance Program is to
7employ primary prevention strategies to prevent childhood lead
9    (b) The Department shall administer the Lead Direct
10Assistance Program to remediate lead-based paint hazards and
11leaded plumbing hazards in residential properties. Conditions
12for receiving direct assistance shall be developed by the
13Department of Public Health, in consultation with the
14Department of Commerce and Economic Opportunity and the
15Illinois Housing Development Authority. Criteria for receiving
16direct assistance shall include:
17        (1) for owner-occupied properties: (i) the property
18    contains lead hazards; (ii) the property is a
19    child-occupied property or the residence of a pregnant
20    woman; and (iii) the owner is low-income; and
21        (2) for rental properties: (i) the property contains
22    lead hazards and (ii) 50% or more of the renters in the
23    residential property are low-income.
24    Recipients of direct assistance under this program shall be
25provided a copy of the Department's Lead Safe Housing



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1Maintenance Standards. Before receiving the direct assistance,
2the recipient must certify that he or she has received the
3standards and intends to comply with them. If the property is a
4rental property, the recipient must also certify that he or she
5will continue to rent to the same tenant or other low-income
6tenant for a period of not less than 5 years following
7completion of the work. Failure to comply with the conditions
8of the Lead Direct Assistance Program is a violation of this
10    (c) To identify properties with lead hazards, the
11Department may prioritize properties where at least one child
12has been found to have an elevated blood lead level under the
13Lead Poisoning Prevention Act and the paint or potable water
14has been tested and found to contain lead exceeding levels
15established by rule.
16    (d) All lead-based paint hazard control work performed
17under the Lead Direct Assistance Program shall comply with the
18Lead Poisoning Prevention Act and the Illinois Lead Poisoning
19Prevention Code. All plumbing work performed under the Lead
20Direct Assistance Program shall comply with the Illinois
21Plumbing Licensing Act and the Illinois Plumbing Code. Before
22persons are paid for work conducted under this Act, each
23subject property must be inspected by a lead risk assessor or
24lead inspector licensed in Illinois. Prior to payment, an
25appropriate number of dust samples must be collected from in
26and around the work areas for lead analysis, with results in



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1compliance with levels set by the Lead Poisoning Prevention Act
2and the Illinois Lead Poisoning Prevention Code or in the case
3of leaded plumbing work, be inspected by an Illinois-certified
4plumbing inspector. All costs associated with these
5inspections, including laboratory fees, shall be compensable
6to the person contracted to provide direct assistance, as
7prescribed by rule. Additional repairs and clean-up costs
8associated with a failed clearance test, including follow-up
9tests, shall be the responsibility of the person performing the
10work under the Lead Direct Assistance Program.
11    (e) The Department shall issue Lead Safe Housing
12Maintenance Standards in accordance with this Act. Except for
13properties where all lead-based paint, leaded plumbing, or
14other identified lead hazards have been removed, the standards
15shall describe the responsibilities of property owners and
16tenants in maintaining lead-safe housing, including, but not
17limited to, prescribing special cleaning, repair, flushing,
18filtering, and maintenance necessary to minimize the risk that
19subject properties will cause lead poisoning in children.
20Recipients of direct assistance shall be required to continue
21to maintain their properties in compliance with these Lead Safe
22Housing Maintenance Standards. Failure to maintain properties
23in accordance with these standards is a violation and may
24subject the recipient to fines and penalties prescribed by
26    (f) From funds appropriated, the Department may pay its own



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1reasonable administrative costs and, by agreement, the
2reasonable administrative costs of other public agencies.
3    (g) Failure by a person performing work under the Lead
4Direct Assistance Program to comply with rules or any
5contractual agreement made thereunder may subject the person to
6administrative action by the Department or other public
7agencies, in accordance with rules adopted under this Act,
8including, but not limited to, civil penalties, retainage of
9payment, and loss of eligibility to participate. Civil actions,
10including for reimbursement, damages, and money penalties, and
11criminal actions may be brought by the Attorney General or the
12State's Attorney for the county in which the violation occurs.
13    (410 ILCS 43/20)
14    Sec. 20. Lead abatement training. The Advisory Council
15shall advise the Department determine whether a sufficient
16number of lead abatement training programs exist to serve the
17State. If the Department determines pilot sites. If it is
18determined additional programs are needed, then the Department
19may use funds appropriated under this Act to address the
20deficiencies the Advisory Council shall work with the
21Department to establish the additional training programs for
22purposes of the CLEAR-WIN Program.
23(Source: P.A. 95-492, eff. 1-1-08.)
24    (410 ILCS 43/25)



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1    Sec. 25. Insurance assistance. The Department, through
2agreements with other public agencies, may allow for
3reimbursement of certain insurance costs associated with
4persons performing work under the Lead Direct Assistance
5Program. shall make available, for the portion of a policy
6related to lead activities, 100% insurance subsidies to
7licensed lead abatement contractors who primarily target their
8work to the pilot area communities and employ a significant
9number of licensed lead abatement workers from the pilot area
10communities. Receipt of the subsidies shall be reviewed
11annually by the Department. The Department shall adopt rules
12for implementation of these insurance subsidies within 6 months
13after the effective date of this Act.
14(Source: P.A. 95-492, eff. 1-1-08.)
15    (410 ILCS 43/30)
16    Sec. 30. Advisory Council. The Advisory Council shall
17assist the Department in developing submit an annual written
18report to the Governor and General Assembly on the operation
19and effectiveness of the CLEAR-WIN Program. The report must
20evaluate the program's effectiveness on reducing the
21prevalence of lead poisoning in children in the pilot area
22communities and in training and employing persons in the pilot
23area communities. The report also must: (i) contain information
24about training and employment associated with persons
25providing direct assistance work, (ii) describe the numbers of



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1units in which lead hazards were remediated or leaded plumbing
2replaced, (iii) lead -based paint was abated; specify the type
3of work completed and the types of dwellings and demographics
4of persons assisted, (iv) ; summarize the cost of lead
5lead-based paint hazard control and CLEAR-WIN Program
6administration, (v) report on ; rent increases or decreases in
7the residential property affected by direct assistance work and
8pilot area communities; rental property ownership changes,
9(vi) describe ; and any other CLEAR-WIN actions taken by the
10Department, other public agencies, or the Advisory Council, and
11(vii) recommend any necessary legislation or rule-making to
12improve the effectiveness of this the CLEAR-WIN Program.
13(Source: P.A. 95-492, eff. 1-1-08.)
14    (410 ILCS 43/15 rep.)
15    Section 10. The Comprehensive Lead Education, Reduction,
16and Window Replacement Program Act is amended by repealing
17Section 15.
18    Section 99. Effective date. This Act takes effect upon
19becoming law.