Illinois General Assembly - Full Text of SB1774
Illinois General Assembly

Previous General Assemblies

Full Text of SB1774  100th General Assembly


Sen. Don Harmon

Filed: 3/16/2017





10000SB1774sam001LRB100 05367 MJP 23638 a


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, 15, 20, 25, and 30 as follows:
7    (410 ILCS 43/5)
8    Sec. 5. Findings; intent; establishment of program.
9    (a) The General Assembly finds all of the following:
10        (1) Lead-based paint poisoning is a potentially
11    devastating, but preventable disease. It is one of the top
12    environmental threats to children's health in the United
13    States.
14        (2) The number of lead-poisoned children in Illinois is
15    among the highest in the nation, especially in older, more
16    affordable properties.



10000SB1774sam001- 2 -LRB100 05367 MJP 23638 a

1        (3) Lead poisoning causes irreversible damage to the
2    development of a child's nervous system. Even at low and
3    moderate levels, lead poisoning causes learning
4    disabilities, problems with speech, shortened attention
5    span, hyperactivity, and behavioral problems. Recent
6    research links low levels of lead exposure to lower IQ
7    scores and to juvenile delinquency.
8        (4) While the use of lead-based paint in residential
9    properties was banned in 1978, the State of Illinois ranks
10    seventh nationally in the number of housing units built
11    before 1978 and at highest risk for lead hazards.
12        (5) (4) Older housing is the number one risk factor for
13    childhood lead poisoning. Properties built before 1960
14    1950 are statistically much more likely to contain
15    lead-based paint hazards than buildings constructed more
16    recently.
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 1.43 1.4 million households with
25    significant lead-based paint hazards in Illinois.
26        (7) Less than 25% of Illinois children age 6 year and



10000SB1774sam001- 3 -LRB100 05367 MJP 23638 a

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



10000SB1774sam001- 4 -LRB100 05367 MJP 23638 a

1        (10) The Comprehensive Lead Elimination, Reduction and
2    Window Replacement (CLEAR-Win) Program was a pilot program
3    in Illinois aimed at reducing potential lead hazards by
4    replacing windows in low-income, pre-1978 homes. It also
5    provided for on-the-job training for community members in
6    the 2 pilot communities of Englewood/West Englewood
7    (Chicago) and Peoria County.
8        (11) The CLEAR-Win Program provided for installation
9    of 8,000 windows in 466 housing units between 2010 and
10    2014.
11        (12) Evaluations of the CLEAR-Win Program demonstrated
12    the effectiveness of the program in lowering the lead
13    burden in the homes where window replacement was conducted
14    and that there were energy and environmental benefits,
15    health benefits, and market benefits, as well as job
16    creation. Return on investment was almost $2 for every
17    dollar spent.
18        (13) (11) There is an insufficient pool of licensed
19    lead abatement workers and contractors to address the
20    problem in some areas of the State.
21        (14) (12) Through grants from the U.S. Department of
22    Housing and Urban Development and the pilot CLEAR-Win
23    Program, some communities in Illinois have begun to reduce
24    lead poisoning of children. While this is an ongoing
25    effort, it only addresses a small number of the low-income
26    children statewide in communities with high levels of lead



10000SB1774sam001- 5 -LRB100 05367 MJP 23638 a

1    paint in the housing stock.
2    (b) It is the intent of the General Assembly to:
3        (1) address the problem of lead poisoning of children
4    by eliminating lead hazards in homes;
5        (2) provide training within communities to encourage
6    the use of lead paint safe work practices;
7        (3) create job opportunities for community members in
8    the lead abatement industry;
9        (4) support the efforts of small business and property
10    owners committed to maintaining lead-safe housing; and
11        (5) assist in the maintenance of affordable lead-safe
12    housing stock.
13    (c) The General Assembly hereby establishes the second
14phase of the Comprehensive Lead Education, Reduction, and
15Window Replacement Program to assist residential property
16owners through loan and grant programs to reduce lead paint
17hazards through window replacement in those pilot area
18communities identified as a priority by the Department because
19of the high risk for childhood lead poisoning. Where there is a
20lack of workers trained to remove lead-based paint hazards,
21job-training programs must be initiated. The General Assembly
22also recognizes that training, insurance, and licensing costs
23are prohibitively high and hereby establishes incentives for
24contractors to do lead abatement work. The CLEAR-Win Program
25shall give purchasing priority to replacement windows
26manufactured within the State of Illinois.



10000SB1774sam001- 6 -LRB100 05367 MJP 23638 a

1(Source: P.A. 95-492, eff. 1-1-08.)
2    (410 ILCS 43/10)
3    Sec. 10. Definitions. In this Act:
4    "Advisory Council" refers to the Lead Safe Housing Advisory
5Council established under Public Act 93-0789.
6    "CLEAR-Win Program" "CLEAR-WIN Program" refers to the
7Comprehensive Lead Education, Reduction, and Window
8Replacement Program created pursuant to this Act to assist
9property owners of single family homes and multi-unit
10residential properties in priority pilot area communities,
11through loan and grant programs that reduce lead paint hazards
12primarily through window replacement and, where necessary,
13through other lead-based paint hazard control techniques.
14    "Director" means the Director of Public Health.
15    "Lead Safe Housing Maintenance Standards" refers to the
16standards developed by the Lead Safe Housing Advisory Council.
17    "Low-income" means a household at or below 80% of the
18median income level for a given county as determined annually
19by the U.S. Department of Housing and Urban Development.
20    "Priority communities" "Pilot area communities" means the
21counties or cities selected by the Department, with the advice
22of the Advisory Council, where properties whose owners are
23eligible for the assistance provided by this Act are located.
24    "Window" means the inside, outside, and sides of sashes and
25mullions and the frames to the outside edge of the frame,



10000SB1774sam001- 7 -LRB100 05367 MJP 23638 a

1including sides, sash guides, and window wells and sills.
2(Source: P.A. 95-492, eff. 1-1-08.)
3    (410 ILCS 43/15)
4    Sec. 15. Grant and loan program.
5    (a) Subject to appropriation, the Department, in
6consultation with the Advisory Council, shall establish and
7operate the CLEAR-Win CLEAR-WIN Program in priority
8communities in two pilot area communities selected by the
9Department with advice from the Advisory Council. Priority
10Pilot area communities shall be selected based upon the
11prevalence of low-income families whose children are lead
12poisoned, the age of the housing stock, and other sources of
13funding available to the communities to address lead-based
14paint hazards.
15    (b) The Department shall be responsible for administering
16the CLEAR-Win CLEAR-WIN grant program. The grant shall be used
17to correct lead-based paint hazards in residential buildings.
18Conditions for receiving a grant shall be developed by the
19Department based on criteria established by the Advisory
20Council. Criteria, including but not limited to the following
21program components, shall include (i) income eligibility for
22receipt of the grants, with priority given to low-income
23tenants or owners who rent to low-income tenants; (ii)
24properties to be covered under CLEAR-Win CLEAR-WIN; and (iii)
25the number of units to be covered in a property. Prior to



10000SB1774sam001- 8 -LRB100 05367 MJP 23638 a

1making a grant, the Department must provide the grant recipient
2with a copy of the Lead Safe Housing Maintenance Standards
3generated by the Advisory Council. The property owner must
4certify that he or she has received the Standards and intends
5to comply with them; has provided a copy of the Standards to
6all tenants in the building; will continue to rent to the same
7tenant or other low-income tenant for a period of not less than
85 years following completion of the work; and will continue to
9maintain the property as lead-safe. Failure to comply with the
10grant conditions may result in repayment of grant funds.
11    (c) The Advisory Council shall also consider development of
12a loan program to assist property owners not eligible for
14    (d) All lead-based paint hazard control work performed with
15these grant or loan funds shall be conducted in conformance
16with the Lead Poisoning Prevention Act and the Illinois Lead
17Poisoning Prevention Code. Before contractors are paid for
18repair work conducted under the CLEAR-Win CLEAR-WIN Program,
19each dwelling unit assisted must be inspected by a lead risk
20assessor or lead inspector licensed in Illinois, and an
21appropriate number of dust samples must be collected from in
22and around the work areas for lead analysis, with results in
23compliance with levels set by the Lead Poisoning Prevention Act
24and the Illinois Lead Poisoning Prevention Code. All costs of
25evaluation shall be the responsibility of the property owner
26who received the grant or loan, but will be provided for by the



10000SB1774sam001- 9 -LRB100 05367 MJP 23638 a

1Department for grant recipients and may be included in the
2amount of the loan. Additional repairs and clean-up costs
3associated with a failed clearance test, including follow-up
4tests, shall be the responsibility of the contractor.
5    (e) Within 6 months after the effective date of this Act,
6the Advisory Council shall recommend to the Department Lead
7Safe Housing Maintenance Standards for purposes of the
8CLEAR-WIN Program. Except for properties where all lead-based
9paint has been removed, the standards shall describe the
10responsibilities of property owners and tenants in maintaining
11lead-safe housing, including but not limited to, prescribing
12special cleaning, repair, and maintenance necessary to reduce
13the chance that properties will cause lead poisoning in child
14occupants. Recipients of CLEAR-Win CLEAR-WIN grants and loans
15shall be required to continue to maintain their properties in
16compliance with these Lead Safe Housing Maintenance Standards.
17Failure to maintain properties in accordance with these
18Standards may result in repayment of grant funds or termination
19of the loan.
20    (f) From funds appropriated, the Department may pay grants
21and reasonable administrative costs.
22(Source: P.A. 95-492, eff. 1-1-08; 96-959, eff. 7-1-10.)
23    (410 ILCS 43/20)
24    Sec. 20. Lead abatement training. The Advisory Council
25shall determine whether a sufficient number of lead abatement



10000SB1774sam001- 10 -LRB100 05367 MJP 23638 a

1training programs exist to serve the pilot sites. If it is
2determined additional programs are needed, the Advisory
3Council shall work with the Department to establish the
4additional training programs for purposes of the CLEAR-Win
5CLEAR-WIN Program.
6(Source: P.A. 95-492, eff. 1-1-08.)
7    (410 ILCS 43/25)
8    Sec. 25. Insurance assistance. The Department shall make
9available, for the portion of a policy related to lead
10activities, 100% insurance subsidies to licensed lead
11abatement contractors who primarily target their work to the
12priority pilot area communities and employ a significant number
13of licensed lead abatement workers from the priority pilot area
14communities. Receipt of the subsidies shall be reviewed
15annually by the Department. The Department shall adopt rules
16for implementation of these insurance subsidies within 6 months
17after the effective date of this Act.
18(Source: P.A. 95-492, eff. 1-1-08.)
19    (410 ILCS 43/30)
20    Sec. 30. Advisory Council. The Advisory Council shall
21submit an annual written report to the Governor and General
22Assembly on the operation and effectiveness of the CLEAR-Win
23CLEAR-WIN Program. The report must describe evaluate the
24program's effectiveness on reducing the prevalence of lead



10000SB1774sam001- 11 -LRB100 05367 MJP 23638 a

1poisoning in children in the priority pilot area communities
2and in training and employing persons in the priority pilot
3area communities. The report also must describe the numbers of
4units in which lead-based paint was abated; specify the type of
5work completed and the types of dwellings and demographics of
6persons assisted; summarize the cost of lead-based paint hazard
7control and CLEAR-Win CLEAR-WIN Program administration; rent
8increases or decreases in the priority pilot area communities;
9rental property ownership changes; and any other CLEAR-Win
10CLEAR-WIN actions taken by the Department or the Advisory
11Council and recommend any necessary legislation or rule-making
12to improve the effectiveness of the CLEAR-Win CLEAR-WIN
14(Source: P.A. 95-492, eff. 1-1-08.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".