HB3722 EnrolledLRB103 25737 AWJ 52086 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17resulting from such monitoring and analysis available to the
18public on the municipality's website. The municipality shall
19develop a science-based mitigation plan to address significant
20health-related impacts, if any, associated with such windows
21and doors as determined by the results of the monitoring and
22analysis. In a municipality that has implemented a Residential
23Sound Insulation Program to mitigate aircraft noise, if



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1requested by the homeowner pursuant to a process established
2by the municipality, which process shall include, at a
3minimum, notification in a newspaper of general circulation
4and a mailer sent to every address identified as a recipient of
5windows and doors installed under the Residential Sound
6Insulation Program, the municipality shall replace all windows
7and doors installed under the Residential Sound Insulation
8Program in such homes where one or more windows or doors have
9been found to have caused offensive odors. Subject to
10appropriation, the municipality shall replace windows and
11doors in at least 750 residences a year. Residents who altered
12or modified a replacement window or accepted a replacement
13screen for the window shall not be disqualified from
14compensation or future services. Only those homeowners who
15request that the municipality perform an odor inspection as
16prescribed by the process established by the municipality
17within 6 months of notification being published and mailers
18being sent shall be eligible for odorous window and odorous
19door replacement. Residents who are eligible to receive
20replacement windows shall be allowed to choose the color and
21type of replacement window. For purposes of aiding in the
22selection of such replacement windows, a showcase and display
23of available replacement window types shall be established and
24located at Chicago Midway International Airport. Homes that
25have been identified by the municipality as having odorous
26windows or doors are not required to make said request to the



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1municipality. The right to make a claim for replacement and
2have it considered pursuant to this Section shall not be
3affected by the fact of odor-related claims made or
4odor-related products received pursuant to the Residential
5Sound Insulation Program prior to June 5, 2019 (the effective
6date of this Section). The municipality shall also perform
7in-home air quality testing in residences in which windows and
8doors are replaced under this Section. In order to receive
9in-home air quality testing, a homeowner must request such
10testing from the municipality, and the total number of homes
11tested in any given year shall not exceed 25% of the total
12number of homes in which windows and doors were replaced under
13this Section in the prior calendar year.
14    (b) An advisory committee shall be formed, composed of the
15following: (i) 2 members of the municipality who reside in
16homes that have received windows or doors pursuant to the
17Residential Sound Insulation Program and have been identified
18by the municipality as having odorous windows or doors,
19appointed by the Secretary of Transportation; (ii) one
20employee of the Aeronautics Division of the Department of
21Transportation; (iii) 2 employees of the municipality that
22implemented the Residential Sound Insulation Program in
23question; and (iv) 2 members appointed by the Speaker of the
24House of Representatives, and 2 members appointed by the
25President of the Senate, one member appointed by the Minority
26Leader of the House of Representatives, and one member



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1appointed by the Minority Leader of the Senate. The advisory
2committee shall determine by majority vote which homes contain
3windows or doors that cause offensive odors and thus are
4eligible for replacement, shall promulgate a list of such
5homes, and shall develop recommendations as to the order in
6which homes are to receive window replacement. The
7recommendations shall include reasonable and objective
8criteria for determining which windows or doors are odorous,
9consideration of the date of odor confirmation for
10prioritization, severity of odor, geography and individual
11hardship, and shall provide such recommendations to the
12municipality. The advisory committee shall develop a process
13in which homeowners can demonstrate extreme hardship. As used
14in this subsection, "extreme hardship" means: liquid
15infiltration of the window or door; health and medical
16condition of the resident; and residents with sensitivities
17related to smell. At least 10% of the homes receiving a
18replacement in a year shall be homes that have demonstrated
19extreme hardship. The advisory committee shall compile a
20report demonstrating: (i) the number of homes in line to
21receive a replacement; (ii) the number of homes that received
22replacement windows or doors, or both; (iii) the number of
23homes that received financial compensation instead of a
24replacement; and (iv) the number of homes with confirmed
25mechanical issues. Until December 31, 2022, the report shall
26be compiled complied monthly, after December 31, 2022, the



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1report shall be complied quarterly. The advisory committee
2shall accept all public questions and furnish a written
3response within 2 business days. The advisory committee shall
4comply with the requirements of the Open Meetings Act. The
5Chicago Department of Aviation shall provide administrative
6support to the committee. The municipality shall consider the
7recommendations of the committee but shall retain final
8decision-making authority over replacement of windows and
9doors installed under the Residential Sound Insulation
10Program, and shall comply with all federal, State, and local
11laws involving procurement. A municipality administering
12claims pursuant to this Section shall provide to every address
13identified as having submitted a valid claim under this
14Section a quarterly report setting forth the municipality's
15activities undertaken pursuant to this Section for that
16quarter. However, the municipality shall replace windows and
17doors pursuant to this Section only if, and to the extent,
18grants are distributed to, and received by, the municipality
19from the Sound-Reducing Windows and Doors Replacement Fund for
20the costs associated with the replacement of sound-reducing
21windows and doors installed under the Residential Sound
22Insulation Program pursuant to Section 6z-20.1 of the State
23Finance Act. In addition, the municipality shall revise its
24specifications for procurement of windows for the Residential
25Sound Insulation Program to address potential off-gassing from
26such windows in future phases of the program. A municipality



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1subject to the Section shall not legislate or otherwise
2regulate with regard to indoor air quality monitoring,
3laboratory analysis or replacement requirements, except as
4provided in this Section, but the foregoing restriction shall
5not limit said municipality's taxing power.
6    (c) A home rule unit may not regulate indoor air quality
7monitoring and laboratory analysis, and related mitigation and
8mitigation plans, in a manner inconsistent with this Section.
9This Section is a limitation of home rule powers and functions
10under subsection (i) of Section 6 of Article VII of the
11Illinois Constitution on the concurrent exercise by home rule
12units of powers and functions exercised by the State.
13    (d) This Section shall not be construed to create a
14private right of action.
15(Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19;
16101-636, eff. 6-10-20; 102-558, eff. 8-20-21; 102-678, eff.
18    Section 99. Effective date. This Act takes effect upon
19becoming law.