Full Text of SB1774 100th General Assembly
SB1774sam002 100TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/4/2017
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| 1 | | AMENDMENT TO SENATE BILL 1774
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1774, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Comprehensive Lead Education, Reduction, | 6 | | and Window Replacement Program Act is amended by changing | 7 | | Sections 5, 10, 20, 25, and 30 and by adding Section 16 as | 8 | | follows: | 9 | | (410 ILCS 43/5)
| 10 | | Sec. 5. Findings; intent; establishment of program. | 11 | | (a) The General Assembly finds all of the following: | 12 | | (1) Lead-based paint poisoning is a potentially | 13 | | devastating, but preventable disease. It is one of the top | 14 | | environmental threats to children's health in the United | 15 | | States. | 16 | | (2) The number of lead-poisoned children in Illinois is |
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| 1 | | among the highest in the nation, especially in older, more | 2 | | affordable properties.
| 3 | | (3) Lead poisoning causes irreversible damage to the | 4 | | development of a child's nervous system. Even at low and | 5 | | moderate levels, lead poisoning causes learning | 6 | | disabilities, problems with speech, shortened attention | 7 | | span, hyperactivity, and behavioral problems. Recent | 8 | | research links low levels of lead exposure to lower IQ | 9 | | scores and to juvenile delinquency. | 10 | | (4) Older housing is the number one risk factor for | 11 | | childhood lead poisoning. Properties built before 1950 are | 12 | | statistically much more likely to contain lead-based paint | 13 | | hazards than buildings constructed more recently.
| 14 | | (5) While the use of lead-based paint in residential | 15 | | properties was banned in 1978, the State of Illinois ranks | 16 | | seventh nationally in the number of housing units built | 17 | | before 1978 and has the highest risk for lead hazards. | 18 | | (5) The State of Illinois ranks 10th out of the 50 | 19 | | states in the age of its housing stock. More than 50% of | 20 | | the housing units in Chicago and in Rock Island, Peoria, | 21 | | Macon, Madison, and Kankakee counties were built before | 22 | | 1960. More than 43% of the housing units in St. Clair, | 23 | | Winnebago, Sangamon, Kane, and Cook counties were built | 24 | | before 1950.
| 25 | | (6) There are nearly 1.4 million households with | 26 | | lead-based paint hazards in Illinois. |
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| 1 | | (7) Most children are lead poisoned in their own homes | 2 | | through exposure to lead dust from deteriorated lead paint | 3 | | surfaces, like windows, and when lead paint deteriorates or | 4 | | is disturbed through home renovation and repainting.
| 5 | | (8) Children at the highest risk for lead poisoning | 6 | | live in low-income communities and in older housing | 7 | | throughout the State of Illinois. | 8 | | (8) Less than 25% of children in Illinois age 6 and | 9 | | under have been tested for lead poisoning . While children | 10 | | are lead poisoned throughout Illinois, counties above the | 11 | | statewide average include: Alexander, Cass, Cook, Fulton, | 12 | | Greene, Kane, Kankakee, Knox, LaSalle, Macon, Mercer, | 13 | | Peoria, Perry, Rock Island, Sangamon, St. Clair, | 14 | | Stephenson, Vermilion, Will, and Winnebago. | 15 | | (9) The control of lead hazards significantly reduces | 16 | | lead-poisoning rates. Other communities, including New | 17 | | York City and Milwaukee, have successfully reduced | 18 | | lead-poisoning rates by removing lead-based paint hazards | 19 | | on windows. | 20 | | (10) Windows are considered a higher lead exposure risk | 21 | | more often than other components in a housing unit. Windows | 22 | | are a major contributor of lead dust in the home, due to | 23 | | both weathering conditions and friction effects on paint.
| 24 | | (11) The Comprehensive Lead Elimination, Reduction, | 25 | | and
Window Replacement (CLEAR-WIN) Program established
| 26 | | under Public Act 95-492 as a pilot program to reduce |
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| 1 | | potential lead hazards by replacing
windows in low-income, | 2 | | pre-1978 homes. It also provided for on-the-job
training | 3 | | for community members in 2 pilot communities in Chicago and
| 4 | | Peoria County. | 5 | | (12) The CLEAR-WIN Program provided for installation | 6 | | of 8,000
windows in 466 housing units between 2010 and | 7 | | 2014. Evaluations of the pilot
program determined window | 8 | | replacement was effective in lowering lead
hazards and | 9 | | produced energy, environmental, health, and market | 10 | | benefits.
Return on investment was almost $2 for every | 11 | | dollar spent. | 12 | | (13) (11) There is an insufficient pool of licensed | 13 | | lead abatement workers and contractors to address the | 14 | | problem in some areas of the State. | 15 | | (14) (12) Through grants from the U.S. Department of | 16 | | Housing and Urban Development and State dollars , some | 17 | | communities in Illinois have begun to reduce lead poisoning | 18 | | of children. While this is an ongoing effort, it only | 19 | | addresses a small number of the low-income children | 20 | | statewide in communities with high levels of lead paint in | 21 | | the housing stock. | 22 | | (b) It is the intent of the General Assembly to: | 23 | | (1) address the problem of lead poisoning of children | 24 | | by eliminating lead hazards in homes; | 25 | | (2) provide training within communities to encourage | 26 | | the use of lead paint safe work practices; |
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| 1 | | (3) create job opportunities for community members in | 2 | | the lead abatement industry; | 3 | | (4) support the efforts of small business and property | 4 | | owners committed to maintaining lead-safe housing; and | 5 | | (5) assist in the maintenance of affordable lead-safe | 6 | | housing stock. | 7 | | (c) The General Assembly hereby establishes the | 8 | | Comprehensive Lead Education, Reduction, and Window | 9 | | Replacement Program to assist residential property owners | 10 | | through a Lead Direct Assistance Program loan and grant | 11 | | programs to reduce lead paint hazards in
residential properties | 12 | | through window replacement in pilot area communities. Where | 13 | | there is a lack of workers trained to remove lead-based paint | 14 | | hazards, job-training programs must be initiated. The General | 15 | | Assembly also recognizes that training, insurance, and | 16 | | licensing costs are prohibitively high and hereby establishes | 17 | | incentives for contractors to do lead abatement work .
| 18 | | (d) The Department of Public Health is authorized to: | 19 | | (1) adopt rules necessary to implement this Act; | 20 | | (2) adopt by reference the Illinois Administrative | 21 | | Procedure Act for administration of this Act; | 22 | | (3) assess administrative fines and penalties, as | 23 | | established by the Department by rule, for persons | 24 | | violating
rules adopted by the Department under this Act; | 25 | | (4) make referrals for prosecution to the Attorney | 26 | | General or
the State's Attorney for the county in which a |
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| 1 | | violation occurs, for a violation of this Act or the rules | 2 | | adopted under this Act; and | 3 | | (5) establish agreements under the Intergovernmental | 4 | | Cooperation Act with the Department of
Commerce and | 5 | | Economic Opportunity, the Illinois Housing Development
| 6 | | Authority, or any other public agency as required, to | 7 | | implement this Act. | 8 | | (Source: P.A. 95-492, eff. 1-1-08.) | 9 | | (410 ILCS 43/10)
| 10 | | Sec. 10. Definitions. In this Act: | 11 | | "Advisory Council" refers to the Lead Safe Housing Advisory | 12 | | Council established under Public Act 93-0789. | 13 | | "Child care facility" means any structure used by a child | 14 | | care
provider licensed by the Department of Children and Family | 15 | | Services or
a public or private school structure frequented by | 16 | | children 6 years of age
or younger. | 17 | | "Child-occupied property" means a property where a child | 18 | | under 6 years of
age is on the property an average of at least 6 | 19 | | hours per week. | 20 | | "CLEAR-WIN Program" refers to the Comprehensive Lead | 21 | | Education, Reduction, and Window Replacement Program created | 22 | | pursuant to this Act to assist property owners of single-family | 23 | | single family homes and multi-unit residential properties in | 24 | | the State pilot area communities, through the Direct Assistance | 25 | | Program, which reduces loan and grant programs that reduce lead |
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| 1 | | paint and leaded plumbing hazards primarily through window | 2 | | replacement and, where necessary, through other lead | 3 | | lead-based paint hazard control techniques.
| 4 | | "Department" means the Department of Public Health. | 5 | | "Director" means the Director of Public Health. | 6 | | "Lead hazard" means a lead-bearing substance that poses an
| 7 | | immediate health hazard to humans. | 8 | | "Lead Safe Housing Maintenance Standards" refers to the | 9 | | standards developed by the Lead Safe Housing Department in | 10 | | conjunction with the Advisory Council. | 11 | | "Leaded plumbing" means that portion of a building's | 12 | | potable water
plumbing that is suspected or known to contain | 13 | | lead or lead-containing
material as indicated by lead in | 14 | | potable water samples. | 15 | | "Low-income" means a household at or below 80% of the | 16 | | median income level for a given county as determined annually | 17 | | by the U.S. Department of Housing and Urban Development. | 18 | | "Person" means an individual, corporation, partnership, | 19 | | firm,
organization, or association, acting individually or as a | 20 | | group. | 21 | | "Plumbing" has the meaning ascribed to that term in the | 22 | | Illinois Plumbing Licensing Law. | 23 | | "Recipient" means a person receiving direct assistance | 24 | | under this Act. | 25 | | "Residential property" means a single-family residence or
| 26 | | renter-occupied property with up to 8 units. |
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| 1 | | "Pilot area communities" means the counties or cities | 2 | | selected by the Department, with the advice of the Advisory | 3 | | Council, where properties whose owners are eligible for the | 4 | | assistance provided by this Act are located.
| 5 | | "Window" means the inside, outside, and sides of sashes and | 6 | | mullions and the frames to the outside edge of the frame, | 7 | | including sides, sash guides, and window wells and sills.
| 8 | | (Source: P.A. 95-492, eff. 1-1-08.) | 9 | | (410 ILCS 43/16 new) | 10 | | Sec. 16. Lead Direct Assistance
Program. | 11 | | (a) Subject to appropriation, the Department, in | 12 | | consultation with the Advisory Council, shall establish and | 13 | | operate the Lead
Direct Assistance Program throughout the | 14 | | State. The purpose of the Lead
Direct Assistance Program is to | 15 | | employ primary prevention strategies to
prevent childhood lead | 16 | | poisoning. | 17 | | (b) The Department shall administer the Lead Direct
| 18 | | Assistance Program to remediate lead-based paint hazards and | 19 | | leaded
plumbing hazards in residential properties. Conditions | 20 | | for receiving direct assistance shall be developed by the | 21 | | Department of Public Health, in consultation with the | 22 | | Department of Commerce
and Economic Opportunity and the | 23 | | Illinois Housing Development
Authority. Criteria for receiving | 24 | | direct assistance shall include: | 25 | | (1) for owner-occupied properties: (i) the property |
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| 1 | | contains lead
hazards; (ii) the property is a | 2 | | child-occupied property or the residence of a
pregnant | 3 | | woman; and (iii) the owner is low-income; and | 4 | | (2) for rental properties: (i) the property contains | 5 | | lead hazards and
(ii) 50% or more of the renters in the | 6 | | residential property are
low-income. | 7 | | Recipients of direct assistance under this program shall be | 8 | | provided a
copy of the Department's Lead Safe Housing | 9 | | Maintenance Standards. Before receiving the direct assistance, | 10 | | the recipient must certify that he or she has received the | 11 | | standards and intends to comply with them. If the property is a | 12 | | rental property, the recipient must also
certify that he or she | 13 | | will continue to rent to the same tenant or other low-income | 14 | | tenant for a period of not less than 5 years following | 15 | | completion of the work. Failure to comply with the conditions | 16 | | of the Lead
Direct Assistance Program is a violation of this | 17 | | Act. | 18 | | (c) To
identify properties with lead hazards, the | 19 | | Department may prioritize
properties where at least one child | 20 | | has been found to have an elevated
blood lead level under the | 21 | | Lead Poisoning Prevention Act and the paint or potable water
| 22 | | has been tested and found to contain lead exceeding levels | 23 | | established
by rule. | 24 | | (d) All lead-based paint hazard control work performed | 25 | | under the Lead Direct
Assistance Program shall comply with the | 26 | | Lead Poisoning Prevention Act
and the Illinois Lead Poisoning |
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| 1 | | Prevention Code. All plumbing work performed under the Lead
| 2 | | Direct Assistance Program shall comply with the Illinois | 3 | | Plumbing
Licensing Act and the Illinois Plumbing Code. Before | 4 | | persons are paid for work conducted under this Act, each | 5 | | subject property must be inspected by a lead risk assessor or | 6 | | lead inspector licensed in Illinois. Prior to payment, an | 7 | | appropriate number of dust samples must be collected from in | 8 | | and around the work areas for lead analysis, with results in | 9 | | compliance with levels set by the Lead Poisoning Prevention Act | 10 | | and the Illinois Lead Poisoning Prevention Code or in the case | 11 | | of
leaded plumbing work, be inspected by an Illinois-certified | 12 | | plumbing
inspector. All costs associated with these | 13 | | inspections, including
laboratory fees, shall be compensable | 14 | | to the person contracted to
provide direct assistance, as | 15 | | prescribed by rule. Additional repairs and clean-up costs | 16 | | associated with a failed clearance test, including follow-up | 17 | | tests, shall be the responsibility of the person
performing the | 18 | | work under the Lead Direct Assistance Program. | 19 | | (e) The Department shall issue Lead Safe Housing | 20 | | Maintenance Standards in accordance with this Act. Except for | 21 | | properties where all lead-based paint, leaded plumbing, or | 22 | | other
identified lead hazards have been removed, the standards | 23 | | shall describe the responsibilities of property owners and | 24 | | tenants in maintaining lead-safe housing, including, but not | 25 | | limited to, prescribing special cleaning, repair, flushing, | 26 | | filtering, and maintenance necessary to minimize the risk that |
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| 1 | | subject properties will cause lead poisoning in children. | 2 | | Recipients of direct assistance shall be required to continue | 3 | | to maintain their properties in compliance with these Lead Safe | 4 | | Housing Maintenance Standards. Failure to maintain properties | 5 | | in accordance with these standards is a violation and may | 6 | | subject the
recipient to fines and penalties prescribed by | 7 | | rule.
| 8 | | (f) From funds appropriated, the Department may pay its own | 9 | | reasonable administrative costs and, by agreement, the
| 10 | | reasonable administrative costs of other public agencies. | 11 | | (g) Failure by a person performing work under the Lead
| 12 | | Direct Assistance Program to comply with rules or any | 13 | | contractual
agreement made thereunder may subject the person to | 14 | | administrative
action by the Department or other public | 15 | | agencies, in accordance with rules
adopted under this Act, | 16 | | including, but not limited to, civil penalties,
retainage of | 17 | | payment, and loss of eligibility to participate. Civil
actions, | 18 | | including for reimbursement, damages, and money penalties, and
| 19 | | criminal actions may be brought by the Attorney General or the | 20 | | State's
Attorney for the county in which the violation occurs. | 21 | | (410 ILCS 43/20)
| 22 | | Sec. 20. Lead abatement training. The Advisory Council | 23 | | shall advise the Department determine whether a sufficient | 24 | | number of lead abatement training programs exist to serve the | 25 | | State. If the Department determines pilot sites. If it is |
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| 1 | | determined additional programs are needed, then the Department | 2 | | may
use funds appropriated under this Act to address the | 3 | | deficiencies the Advisory Council shall work with the | 4 | | Department to establish the additional training programs for | 5 | | purposes of the CLEAR-WIN Program .
| 6 | | (Source: P.A. 95-492, eff. 1-1-08.) | 7 | | (410 ILCS 43/25)
| 8 | | Sec. 25. Insurance assistance. The Department , through | 9 | | agreements with other public agencies, may
allow for | 10 | | reimbursement of certain insurance costs associated with
| 11 | | persons performing work under the Lead Direct Assistance | 12 | | Program. shall make available, for the portion of a policy | 13 | | related to lead activities,
100% insurance subsidies to | 14 | | licensed lead abatement contractors who primarily target
their | 15 | | work to the pilot area communities and employ a significant | 16 | | number of licensed lead abatement workers from the pilot area | 17 | | communities. Receipt of the subsidies shall be reviewed | 18 | | annually by the Department. The Department shall adopt rules | 19 | | for implementation of these insurance subsidies within 6 months | 20 | | after the effective date of this Act.
| 21 | | (Source: P.A. 95-492, eff. 1-1-08.) | 22 | | (410 ILCS 43/30)
| 23 | | Sec. 30. Advisory Council. The Advisory Council shall | 24 | | assist the Department in developing submit an annual written |
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| 1 | | report to the Governor and General Assembly on the operation | 2 | | and effectiveness of the CLEAR-WIN Program. The report must | 3 | | evaluate the program's effectiveness on reducing the | 4 | | prevalence of lead poisoning in children in the pilot area | 5 | | communities and in training and employing persons in the pilot | 6 | | area communities . The report also must : (i) contain information | 7 | | about training and
employment associated with persons | 8 | | providing direct assistance work,
(ii) describe the numbers of | 9 | | units in which lead hazards were remediated or leaded plumbing | 10 | | replaced, (iii) lead -based paint was abated; specify the type | 11 | | of work completed and the types of dwellings and demographics | 12 | | of persons assisted , (iv) ; summarize the cost of lead | 13 | | lead-based paint hazard control and CLEAR-WIN Program | 14 | | administration , (v) report on ; rent increases or decreases in | 15 | | the residential property affected by direct assistance work and | 16 | | pilot area communities; rental property ownership changes , | 17 | | (vi) describe ; and any other CLEAR-WIN actions taken by the | 18 | | Department , other public agencies, or the Advisory Council , and | 19 | | (vii) recommend any necessary legislation or rule-making to | 20 | | improve the effectiveness of this the CLEAR-WIN Program.
| 21 | | (Source: P.A. 95-492, eff. 1-1-08.)
| 22 | | (410 ILCS 43/15 rep.) | 23 | | Section 10. The Comprehensive Lead Education, Reduction, | 24 | | and Window Replacement Program Act is amended by repealing | 25 | | Section 15.".
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