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Public Act 103-0200


 

Public Act 0200 103RD GENERAL ASSEMBLY

  
  
  

 


 
Public Act 103-0200
 
HB3722 EnrolledLRB103 25737 AWJ 52086 b

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

Effective Date: 6/30/2023