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


Rep. Marcus C. Evans, Jr.

Filed: 5/16/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1774 by replacing
3everything after the enacting clause with the following:
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



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1    affordable properties.
2        (3) Lead poisoning causes irreversible damage to the
3    development of a child's nervous system. Even at low and
4    moderate levels, lead poisoning causes learning
5    disabilities, problems with speech, shortened attention
6    span, hyperactivity, and behavioral problems. Recent
7    research links low levels of lead exposure to lower IQ
8    scores and to juvenile delinquency.
9        (4) Older housing is the number one risk factor for
10    childhood lead poisoning. Properties built before 1950 are
11    statistically much more likely to contain lead-based paint
12    hazards than buildings constructed more recently.
13        (5) While the use of lead-based paint in residential
14    properties was banned in 1978, the State of Illinois ranks
15    seventh nationally in the number of housing units built
16    before 1978 and has the highest risk for lead hazards.
17        (5) The State of Illinois ranks 10th out of the 50
18    states in the age of its housing stock. More than 50% of
19    the housing units in Chicago and in Rock Island, Peoria,
20    Macon, Madison, and Kankakee counties were built before
21    1960. More than 43% of the housing units in St. Clair,
22    Winnebago, Sangamon, Kane, and Cook counties were built
23    before 1950.
24        (6) There are nearly 1.4 million households with
25    lead-based paint hazards in Illinois.
26        (7) Most children are lead poisoned in their own homes



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1    through exposure to lead dust from deteriorated lead paint
2    surfaces, like windows, and when lead paint deteriorates or
3    is disturbed through home renovation and repainting.
4        (8) Children at the highest risk for lead poisoning
5    live in low-income communities and in older housing
6    throughout the State of Illinois.
7        (8) Less than 25% of children in Illinois age 6 and
8    under have been tested for lead poisoning . While children
9    are lead poisoned throughout Illinois, counties above the
10    statewide average include: Alexander, Cass, Cook, Fulton,
11    Greene, Kane, Kankakee, Knox, LaSalle, Macon, Mercer,
12    Peoria, Perry, Rock Island, Sangamon, St. Clair,
13    Stephenson, Vermilion, Will, and Winnebago.
14        (9) The control of lead hazards significantly reduces
15    lead-poisoning rates. Other communities, including New
16    York City and Milwaukee, have successfully reduced
17    lead-poisoning rates by removing lead-based paint hazards
18    on windows.
19        (10) Windows are considered a higher lead exposure risk
20    more often than other components in a housing unit. Windows
21    are a major contributor of lead dust in the home, due to
22    both weathering conditions and friction effects on paint.
23        (11) The Comprehensive Lead Elimination, Reduction,
24    and Window Replacement (CLEAR-WIN) Program was established
25    under Public Act 95-492 as a pilot program to reduce
26    potential lead hazards by replacing windows in low-income,



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1    pre-1978 homes. It also provided for on-the-job training
2    for community members in 2 pilot communities in Chicago and
3    Peoria County.
4        (12) The CLEAR-WIN Program provided for installation
5    of 8,000 windows in 466 housing units between 2010 and
6    2014. Evaluations of the pilot program determined window
7    replacement was effective in lowering lead hazards and
8    produced energy, environmental, health, and market
9    benefits. Return on investment was almost $2 for every
10    dollar spent.
11        (13) (11) There is an insufficient pool of licensed
12    lead abatement workers and contractors to address the
13    problem in some areas of the State.
14        (14) (12) Through grants from the U.S. Department of
15    Housing and Urban Development and State dollars, some
16    communities in Illinois have begun to reduce lead poisoning
17    of children. While this is an ongoing effort, it only
18    addresses a small number of the low-income children
19    statewide in communities with high levels of lead paint in
20    the housing stock.
21    (b) It is the intent of the General Assembly to:
22        (1) address the problem of lead poisoning of children
23    by eliminating lead hazards in homes;
24        (2) provide training within communities to encourage
25    the use of lead paint safe work practices;
26        (3) create job opportunities for community members in



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1    the lead abatement industry;
2        (4) support the efforts of small business and property
3    owners committed to maintaining lead-safe housing; and
4        (5) assist in the maintenance of affordable lead-safe
5    housing stock.
6    (c) The General Assembly hereby establishes the
7Comprehensive Lead Education, Reduction, and Window
8Replacement Program to assist residential property owners
9through a Lead Direct Assistance Program loan and grant
10programs to reduce lead paint hazards in residential properties
11through window replacement in pilot area communities. Where
12there is a lack of workers trained to remove lead-based paint
13hazards, job-training programs must be initiated. The General
14Assembly also recognizes that training, insurance, and
15licensing costs are prohibitively high and hereby establishes
16incentives for contractors to do lead abatement work.
17    (d) The Department of Public Health is authorized to:
18        (1) adopt rules necessary to implement this Act;
19        (2) adopt by reference the Illinois Administrative
20    Procedure Act for administration of this Act;
21        (3) assess administrative fines and penalties, as
22    established by the Department by rule, for persons
23    violating rules adopted by the Department under this Act;
24        (4) make referrals for prosecution to the Attorney
25    General or the State's Attorney for the county in which a
26    violation occurs, for a violation of this Act or the rules



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1    adopted under this Act; and
2        (5) establish agreements under the Intergovernmental
3    Cooperation Act with the Department of Commerce and
4    Economic Opportunity, the Illinois Housing Development
5    Authority, or any other public agency as required, to
6    implement this Act.
7(Source: P.A. 95-492, eff. 1-1-08.)
8    (410 ILCS 43/10)
9    Sec. 10. Definitions. In this Act:
10    "Advisory Council" refers to the Lead Safe Housing Advisory
11Council established under Public Act 93-0789.
12    "Child care facility" means any structure used by a child
13care provider licensed by the Department of Children and Family
14Services or a public or private school structure frequented by
15children 6 years of age or younger.
16    "Child-occupied property" means a property where a child
17under 6 years of age is on the property an average of at least 6
18hours per week.
19    "CLEAR-WIN Program" refers to the Comprehensive Lead
20Education, Reduction, and Window Replacement Program created
21pursuant to this Act to assist property owners of single-family
22single family homes and multi-unit residential properties in
23the State pilot area communities, through the Direct Assistance
24Program, which reduces loan and grant programs that reduce lead
25paint and leaded plumbing hazards primarily through window



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1replacement and, where necessary, through other lead
2lead-based paint hazard control techniques.
3    "Department" means the Department of Public Health.
4    "Director" means the Director of Public Health.
5    "Lead hazard" means a lead-bearing substance that poses an
6immediate health hazard to humans.
7    "Lead Safe Housing Maintenance Standards" refers to the
8standards developed by the Lead Safe Housing Department in
9conjunction with the Advisory Council.
10    "Leaded plumbing" means that portion of a building's
11potable water plumbing that is suspected or known to contain
12lead or lead-containing material as indicated by lead in
13potable water samples.
14    "Low-income" means a household at or below 80% of the
15median income level for a given county as determined annually
16by the U.S. Department of Housing and Urban Development.
17    "Person" means an individual, corporation, partnership,
18firm, organization, or association, acting individually or as a
20    "Plumbing" has the meaning ascribed to that term in the
21Illinois Plumbing Licensing Law.
22    "Recipient" means a person receiving direct assistance
23under this Act.
24    "Residential property" means a single-family residence or
25renter-occupied property with up to 8 units.
26    "Pilot area communities" means the counties or cities



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1selected by the Department, with the advice of the Advisory
2Council, where properties whose owners are eligible for the
3assistance provided by this Act are located.
4    "Window" means the inside, outside, and sides of sashes and
5mullions and the frames to the outside edge of the frame,
6including sides, sash guides, and window wells and sills.
7(Source: P.A. 95-492, eff. 1-1-08.)
8    (410 ILCS 43/16 new)
9    Sec. 16. Lead Direct Assistance Program.
10    (a) Subject to appropriation, the Department, in
11consultation with the Advisory Council, shall establish and
12operate the Lead Direct Assistance Program throughout the
13State. The purpose of the Lead Direct Assistance Program is to
14employ primary prevention strategies to prevent childhood lead
16    (b) The Department shall administer the Lead Direct
17Assistance Program to remediate lead-based paint hazards and
18leaded plumbing hazards in residential properties. Conditions
19for receiving direct assistance shall be developed by the
20Department of Public Health, in consultation with the
21Department of Commerce and Economic Opportunity and the
22Illinois Housing Development Authority. Criteria for receiving
23direct assistance shall include:
24        (1) for owner-occupied properties: (i) the property
25    contains lead hazards; (ii) the property is a



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1    child-occupied property or the residence of a pregnant
2    woman; and (iii) the owner is low-income; and
3        (2) for rental properties: (i) the property contains
4    lead hazards and (ii) 50% or more of the renters in the
5    residential property are low-income.
6    Recipients of direct assistance under this program shall be
7provided a copy of the Department's Lead Safe Housing
8Maintenance Standards. Before receiving the direct assistance,
9the recipient must certify that he or she has received the
10standards and intends to comply with them. If the property is a
11rental property, the recipient must also certify that he or she
12will continue to rent to the same tenant or other low-income
13tenant for a period of not less than 5 years following
14completion of the work. Failure to comply with the conditions
15of the Lead Direct Assistance Program is a violation of this
17    (c) To identify properties with lead hazards, the
18Department may prioritize properties where at least one child
19has been found to have an elevated blood lead level under the
20Lead Poisoning Prevention Act and the paint or potable water
21has been tested and found to contain lead exceeding levels
22established by rule.
23    (d) All lead-based paint hazard control work performed
24under the Lead Direct Assistance Program shall comply with the
25Lead Poisoning Prevention Act and the Illinois Lead Poisoning
26Prevention Code. All plumbing work performed under the Lead



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1Direct Assistance Program shall comply with the Illinois
2Plumbing Licensing Act and the Illinois Plumbing Code. Before
3persons are paid for work conducted under this Act, each
4subject property must be inspected by a lead risk assessor or
5lead inspector licensed in Illinois. Prior to payment, an
6appropriate number of dust samples must be collected from in
7and around the work areas for lead analysis, with results in
8compliance with levels set by the Lead Poisoning Prevention Act
9and the Illinois Lead Poisoning Prevention Code or in the case
10of leaded plumbing work, be inspected by an Illinois-certified
11plumbing inspector. All costs associated with these
12inspections, including laboratory fees, shall be compensable
13to the person contracted to provide direct assistance, as
14prescribed by rule. Additional repairs and clean-up costs
15associated with a failed clearance test, including follow-up
16tests, shall be the responsibility of the person performing the
17work under the Lead Direct Assistance Program.
18    (e) The Department shall issue Lead Safe Housing
19Maintenance Standards in accordance with this Act. Except for
20properties where all lead-based paint, leaded plumbing, or
21other identified lead hazards have been removed, the standards
22shall describe the responsibilities of property owners and
23tenants in maintaining lead-safe housing, including, but not
24limited to, prescribing special cleaning, repair, flushing,
25filtering, and maintenance necessary to minimize the risk that
26subject properties will cause lead poisoning in children.



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1Recipients of direct assistance shall be required to continue
2to maintain their properties in compliance with these Lead Safe
3Housing Maintenance Standards. Failure to maintain properties
4in accordance with these standards is a violation and may
5subject the recipient to fines and penalties prescribed by
7    (f) From funds appropriated, the Department may pay its own
8reasonable administrative costs and, by agreement, the
9reasonable administrative costs of other public agencies.
10    (g) Failure by a person performing work under the Lead
11Direct Assistance Program to comply with rules or any
12contractual agreement made thereunder may subject the person to
13administrative action by the Department or other public
14agencies, in accordance with rules adopted under this Act,
15including, but not limited to, civil penalties, retainage of
16payment, and loss of eligibility to participate. Civil actions,
17including for reimbursement, damages, and money penalties, and
18criminal actions may be brought by the Attorney General or the
19State's Attorney for the county in which the violation occurs.
20    (410 ILCS 43/20)
21    Sec. 20. Lead abatement training. The Advisory Council
22shall advise the Department determine whether a sufficient
23number of lead abatement training programs exist to serve the
24State. If the Department determines pilot sites. If it is
25determined additional programs are needed, then the Department



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



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1and effectiveness of the CLEAR-WIN Program. The report must
2evaluate the program's effectiveness on reducing the
3prevalence of lead poisoning in children in the pilot area
4communities and in training and employing persons in the pilot
5area communities. The report also must: (i) contain information
6about training and employment associated with persons
7providing direct assistance work, (ii) describe the numbers of
8units in which lead hazards were remediated or leaded plumbing
9replaced, (iii) lead -based paint was abated; specify the type
10of work completed and the types of dwellings and demographics
11of persons assisted, (iv) ; summarize the cost of lead
12lead-based paint hazard control and CLEAR-WIN Program
13administration, (v) report on ; rent increases or decreases in
14the residential property affected by direct assistance work and
15pilot area communities; rental property ownership changes,
16(vi) describe ; and any other CLEAR-WIN actions taken by the
17Department, other public agencies, or the Advisory Council, and
18(vii) recommend any necessary legislation or rule-making to
19improve the effectiveness of this the CLEAR-WIN Program.
20(Source: P.A. 95-492, eff. 1-1-08.)
21    (410 ILCS 43/15 rep.)
22    Section 10. The Comprehensive Lead Education, Reduction,
23and Window Replacement Program Act is amended by repealing
24Section 15.".