Illinois General Assembly - Full Text of HB3722
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Full Text of HB3722  103rd General Assembly


Rep. Angelica Guerrero-Cuellar

Filed: 3/21/2023





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2    AMENDMENT NO. ______. Amend House Bill 3722 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Municipal Code is amended by
5changing 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
9Sound Insulation Program to mitigate aircraft noise shall
10perform indoor air quality monitoring and laboratory analysis
11of windows and doors installed pursuant to the Residential
12Sound Insulation Program to determine whether there are any
13adverse health impacts associated with off-gassing from such
14windows and doors. Such monitoring and analysis shall be
15consistent with applicable professional and industry
16standards. The municipality shall make any final reports



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1resulting from such monitoring and analysis available to the
2public on the municipality's website. The municipality shall
3develop a science-based mitigation plan to address significant
4health-related impacts, if any, associated with such windows
5and doors as determined by the results of the monitoring and
6analysis. In a municipality that has implemented a Residential
7Sound Insulation Program to mitigate aircraft noise, if
8requested by the homeowner pursuant to a process established
9by the municipality, which process shall include, at a
10minimum, notification in a newspaper of general circulation
11and a mailer sent to every address identified as a recipient of
12windows and doors installed under the Residential Sound
13Insulation Program, the municipality shall replace all windows
14and doors installed under the Residential Sound Insulation
15Program in such homes where one or more windows or doors have
16been found to have caused offensive odors. Subject to
17appropriation, the municipality shall replace windows and
18doors in at least 750 residences a year. Residents who altered
19or modified a replacement window or accepted a replacement
20screen for the window shall not be disqualified from
21compensation or future services. Only those homeowners who
22request that the municipality perform an odor inspection as
23prescribed by the process established by the municipality
24within 6 months of notification being published and mailers
25being sent shall be eligible for odorous window and odorous
26door replacement. Residents who are eligible to receive



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1replacement windows shall be allowed to choose the color and
2type of replacement window. For purposes of aiding in the
3selection of such replacement windows, a showcase and display
4of available replacement window types shall be established and
5located at Chicago Midway International Airport. Homes that
6have been identified by the municipality as having odorous
7windows or doors are not required to make said request to the
8municipality. The right to make a claim for replacement and
9have it considered pursuant to this Section shall not be
10affected by the fact of odor-related claims made or
11odor-related products received pursuant to the Residential
12Sound Insulation Program prior to June 5, 2019 (the effective
13date of this Section). The municipality shall also perform
14in-home air quality testing in residences in which windows and
15doors are replaced under this Section. In order to receive
16in-home air quality testing, a homeowner must request such
17testing from the municipality, and the total number of homes
18tested in any given year shall not exceed 25% of the total
19number of homes in which windows and doors were replaced under
20this Section in the prior calendar year.
21    (b) An advisory committee shall be formed, composed of the
22following: (i) 2 members of the municipality who reside in
23homes that have received windows or doors pursuant to the
24Residential Sound Insulation Program and have been identified
25by the municipality as having odorous windows or doors,
26appointed by the Secretary of Transportation; (ii) one



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1employee of the Aeronautics Division of the Department of
2Transportation; (iii) 2 employees of the municipality that
3implemented the Residential Sound Insulation Program in
4question; and (iv) 2 members appointed by the Speaker of the
5House of Representatives, and 2 members appointed by the
6President of the Senate, one member appointed by the Minority
7Leader of the House of Representatives, and one member
8appointed by the Minority Leader of the Senate. The advisory
9committee shall determine by majority vote which homes contain
10windows or doors that cause offensive odors and thus are
11eligible for replacement, shall promulgate a list of such
12homes, and shall develop recommendations as to the order in
13which homes are to receive window replacement. The
14recommendations shall include reasonable and objective
15criteria for determining which windows or doors are odorous,
16consideration of the date of odor confirmation for
17prioritization, severity of odor, geography and individual
18hardship, and shall provide such recommendations to the
19municipality. The advisory committee shall develop a process
20in which homeowners can demonstrate extreme hardship. As used
21in this subsection, "extreme hardship" means: liquid
22infiltration of the window or door; health and medical
23condition of the resident; and residents with sensitivities
24related to smell. At least 10% of the homes receiving a
25replacement in a year shall be homes that have demonstrated
26extreme hardship. The advisory committee shall compile a



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1report demonstrating: (i) the number of homes in line to
2receive a replacement; (ii) the number of homes that received
3replacement windows or doors, or both; (iii) the number of
4homes that received financial compensation instead of a
5replacement; and (iv) the number of homes with confirmed
6mechanical issues. Until December 31, 2022, the report shall
7be compiled complied monthly, after December 31, 2022, the
8report shall be complied quarterly. The advisory committee
9shall accept all public questions and furnish a written
10response within 2 business days. The advisory committee shall
11comply with the requirements of the Open Meetings Act. The
12Chicago Department of Aviation shall provide administrative
13support to the committee. The municipality shall consider the
14recommendations of the committee but shall retain final
15decision-making authority over replacement of windows and
16doors installed under the Residential Sound Insulation
17Program, and shall comply with all federal, State, and local
18laws involving procurement. A municipality administering
19claims pursuant to this Section shall provide to every address
20identified as having submitted a valid claim under this
21Section a quarterly report setting forth the municipality's
22activities undertaken pursuant to this Section for that
23quarter. However, the municipality shall replace windows and
24doors pursuant to this Section only if, and to the extent,
25grants are distributed to, and received by, the municipality
26from the Sound-Reducing Windows and Doors Replacement Fund for



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1the costs associated with the replacement of sound-reducing
2windows and doors installed under the Residential Sound
3Insulation Program pursuant to Section 6z-20.1 of the State
4Finance Act. In addition, the municipality shall revise its
5specifications for procurement of windows for the Residential
6Sound Insulation Program to address potential off-gassing from
7such windows in future phases of the program. A municipality
8subject to the Section shall not legislate or otherwise
9regulate with regard to indoor air quality monitoring,
10laboratory analysis or replacement requirements, except as
11provided in this Section, but the foregoing restriction shall
12not limit said municipality's taxing power.
13    (c) A home rule unit may not regulate indoor air quality
14monitoring and laboratory analysis, and related mitigation and
15mitigation plans, in a manner inconsistent with this Section.
16This Section is a limitation of home rule powers and functions
17under subsection (i) of Section 6 of Article VII of the
18Illinois Constitution on the concurrent exercise by home rule
19units of powers and functions exercised by the State.
20    (d) This Section shall not be construed to create a
21private right of action.
22(Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19;
23101-636, eff. 6-10-20; 102-558, eff. 8-20-21; 102-678, eff.
25    Section 99. Effective date. This Act takes effect upon



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1becoming law.".