Full Text of HB3722 103rd General Assembly
HB3722eng 103RD GENERAL ASSEMBLY |
| | HB3722 Engrossed | | LRB103 25737 AWJ 52086 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 11-101-3 as follows: | 6 | | (65 ILCS 5/11-101-3) | 7 | | Sec. 11-101-3. Noise mitigation; air quality. | 8 | | (a) A municipality that has implemented a Residential | 9 | | Sound Insulation Program to mitigate aircraft noise shall | 10 | | perform indoor air quality monitoring and laboratory analysis | 11 | | of windows and doors installed pursuant to the Residential | 12 | | Sound Insulation Program to determine whether there are any | 13 | | adverse health impacts associated with off-gassing from such | 14 | | windows and doors. Such monitoring and analysis shall be | 15 | | consistent with applicable professional and industry | 16 | | standards. The municipality shall make any final reports | 17 | | resulting from such monitoring and analysis available to the | 18 | | public on the municipality's website. The municipality shall | 19 | | develop a science-based mitigation plan to address significant | 20 | | health-related impacts, if any, associated with such windows | 21 | | and doors as determined by the results of the monitoring and | 22 | | analysis. In a municipality that has implemented a Residential | 23 | | Sound Insulation Program to mitigate aircraft noise, if |
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| 1 | | requested by the homeowner pursuant to a process established | 2 | | by the municipality, which process shall include, at a | 3 | | minimum, notification in a newspaper of general circulation | 4 | | and a mailer sent to every address identified as a recipient of | 5 | | windows and doors installed under the Residential Sound | 6 | | Insulation Program, the municipality shall replace all windows | 7 | | and doors installed under the Residential Sound Insulation | 8 | | Program in such homes where one or more windows or doors have | 9 | | been found to have caused offensive odors. Subject to | 10 | | appropriation, the municipality shall replace windows and | 11 | | doors in at least 750 residences a year. Residents who altered | 12 | | or modified a replacement window or accepted a replacement | 13 | | screen for the window shall not be disqualified from | 14 | | compensation or future services. Only those homeowners who | 15 | | request that the municipality perform an odor inspection as | 16 | | prescribed by the process established by the municipality | 17 | | within 6 months of notification being published and mailers | 18 | | being sent shall be eligible for odorous window and odorous | 19 | | door replacement. Residents who are eligible to receive | 20 | | replacement windows shall be allowed to choose the color and | 21 | | type of replacement window. For purposes of aiding in the | 22 | | selection of such replacement windows, a showcase and display | 23 | | of available replacement window types shall be established and | 24 | | located at Chicago Midway International Airport. Homes that | 25 | | have been identified by the municipality as having odorous | 26 | | windows or doors are not required to make said request to the |
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| 1 | | municipality. The right to make a claim for replacement and | 2 | | have it considered pursuant to this Section shall not be | 3 | | affected by the fact of odor-related claims made or | 4 | | odor-related products received pursuant to the Residential | 5 | | Sound Insulation Program prior to June 5, 2019 (the effective | 6 | | date of this Section). The municipality shall also perform | 7 | | in-home air quality testing in residences in which windows and | 8 | | doors are replaced under this Section. In order to receive | 9 | | in-home air quality testing, a homeowner must request such | 10 | | testing from the municipality, and the total number of homes | 11 | | tested in any given year shall not exceed 25% of the total | 12 | | number of homes in which windows and doors were replaced under | 13 | | this Section in the prior calendar year. | 14 | | (b) An advisory committee shall be formed, composed of the | 15 | | following: (i) 2 members of the municipality who reside in | 16 | | homes that have received windows or doors pursuant to the | 17 | | Residential Sound Insulation Program and have been identified | 18 | | by the municipality as having odorous windows or doors, | 19 | | appointed by the Secretary of Transportation; (ii) one | 20 | | employee of the Aeronautics Division of the Department of | 21 | | Transportation; (iii) 2 employees of the municipality that | 22 | | implemented the Residential Sound Insulation Program in | 23 | | question; and (iv) 2 members appointed by the Speaker of the | 24 | | House of Representatives , and 2 members appointed by the | 25 | | President of the Senate , one member appointed by the Minority
| 26 | | Leader of the House of Representatives, and one member |
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| 1 | | appointed
by the Minorit Leader of the Senate . The advisory | 2 | | committee shall determine by majority vote which homes contain | 3 | | windows or doors that cause offensive odors and thus are | 4 | | eligible for replacement, shall promulgate a list of such | 5 | | homes, and shall develop recommendations as to the order in | 6 | | which homes are to receive window replacement. The | 7 | | recommendations shall include reasonable and objective | 8 | | criteria for determining which windows or doors are odorous, | 9 | | consideration of the date of odor confirmation for | 10 | | prioritization, severity of odor, geography and individual | 11 | | hardship, and shall provide such recommendations to the | 12 | | municipality. The advisory committee shall develop a process | 13 | | in which homeowners can demonstrate extreme hardship. As used | 14 | | in this subsection, "extreme hardship" means: liquid | 15 | | infiltration of the window or door; health and medical | 16 | | condition of the resident; and residents with sensitivities | 17 | | related to smell. At least 10% of the homes receiving a | 18 | | replacement in a year shall be homes that have demonstrated | 19 | | extreme hardship. The advisory committee shall compile a | 20 | | report demonstrating: (i) the number of homes in line to | 21 | | receive a replacement; (ii) the number of homes that received | 22 | | replacement windows or doors, or both; (iii) the number of | 23 | | homes that received financial compensation instead of a | 24 | | replacement; and (iv) the number of homes with confirmed | 25 | | mechanical issues. Until December 31, 2022, the report shall | 26 | | be compiled complied monthly, after December 31, 2022, the |
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| 1 | | report shall be complied quarterly. The advisory committee | 2 | | shall accept all public questions and furnish a written | 3 | | response within 2 business days. The advisory committee shall | 4 | | comply with the requirements of the Open Meetings Act. The | 5 | | Chicago Department of Aviation shall provide administrative | 6 | | support to the committee. The municipality shall consider the | 7 | | recommendations of the committee but shall retain final | 8 | | decision-making authority over replacement of windows and | 9 | | doors installed under the Residential Sound Insulation | 10 | | Program, and shall comply with all federal, State, and local | 11 | | laws involving procurement. A municipality administering | 12 | | claims pursuant to this Section shall provide to every address | 13 | | identified as having submitted a valid claim under this | 14 | | Section a quarterly report setting forth the municipality's | 15 | | activities undertaken pursuant to this Section for that | 16 | | quarter. However, the municipality shall replace windows and | 17 | | doors pursuant to this Section only if, and to the extent, | 18 | | grants are distributed to, and received by, the municipality | 19 | | from the Sound-Reducing Windows and Doors Replacement Fund for | 20 | | the costs associated with the replacement of sound-reducing | 21 | | windows and doors installed under the Residential Sound | 22 | | Insulation Program pursuant to Section 6z-20.1 of the State | 23 | | Finance Act. In addition, the municipality shall revise its | 24 | | specifications for procurement of windows for the Residential | 25 | | Sound Insulation Program to address potential off-gassing from | 26 | | such windows in future phases of the program. A municipality |
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| 1 | | subject to the Section shall not legislate or otherwise | 2 | | regulate with regard to indoor air quality monitoring, | 3 | | laboratory analysis or replacement requirements, except as | 4 | | provided in this Section, but the foregoing restriction shall | 5 | | not limit said municipality's taxing power. | 6 | | (c) A home rule unit may not regulate indoor air quality | 7 | | monitoring and laboratory analysis, and related mitigation and | 8 | | mitigation plans, in a manner inconsistent with this Section. | 9 | | This Section is a limitation of home rule powers and functions | 10 | | under subsection (i) of Section 6 of Article VII of the | 11 | | Illinois Constitution on the concurrent exercise by home rule | 12 | | units of powers and functions exercised by the State. | 13 | | (d) This Section shall not be construed to create a | 14 | | private right of action.
| 15 | | (Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19; | 16 | | 101-636, eff. 6-10-20; 102-558, eff. 8-20-21; 102-678, eff. | 17 | | 12-10-21.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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