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| Public Act 093-0789 |
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AN ACT concerning public health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Lead Poisoning Prevention Act is amended by | ||||
changing
Section 11.05 as follows:
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(410 ILCS 45/11.05)
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Sec. 11.05. Advisory Council.
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(a) The General Assembly finds the following:
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(1) Lead-based paint poisoning is a potentially | ||||
devastating
but preventable disease and is the number one
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environmental threat to children's health in the United
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States.
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(2) The number of lead-poisoned children in Illinois is | ||||
among
the highest in the nation, especially in older, | ||||
affordable
properties.
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(3) Lead poisoning causes irreversible damage to the
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development of a child's nervous system. Even at low and
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moderate levels, lead poisoning causes learning
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disabilities, speech problems, shortened attention span,
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hyperactivity, and behavioral problems. Recent research
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links high levels of lead exposure to lower IQ scores and
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to juvenile delinquency.
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(4) Older housing is the number one risk factor for | ||||
childhood
lead poisoning. Properties built before 1950 are
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statistically much more likely to contain lead-based paint
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hazards than buildings constructed more recently.
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(5) Illinois ranks 10th out of the 50 states in
the age | ||||
of its housing stock. More than 50% of the
housing units in | ||||
Chicago and in Rock Island, Peoria,
Macon, Madison, and | ||||
Kankakee counties were built before
1960 and more than 43% | ||||
of the housing units in St. Clair,
Winnebago, Sangamon, | ||||
Kane, and Cook counties were built
before 1950.
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(6) There are nearly 1.4 million households with | ||
lead-based
paint hazards in Illinois.
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(7) Most children are lead-poisoned in their own homes
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through exposure to lead dust from deteriorated lead-paint
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surfaces, like windows, and when lead paint deteriorates or
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is disturbed through home renovation and repainting.
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(8) The control of lead hazards significantly reduces | ||
lead poisoning
rates. Other communities, including New | ||
York City
and Milwaukee, have successfully reduced lead | ||
poisoning
rates by removing lead-based paint hazards on | ||
windows.
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(9) Windows are considered a higher lead exposure risk
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more often than other components in a housing unit. Windows
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are a major contributor of lead dust in the home, due to
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both weathering conditions and friction effects on paint.
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(10) There is an insufficient pool of licensed lead
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abatement workers and contractors to address the problem in
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some areas of the State.
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(11) Training, insurance, and licensing costs for lead
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removal workers are prohibitively high.
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(12) Through grants from the United States Department | ||
of Housing and
Urban Development, some communities in | ||
Illinois have begun
to reduce lead poisoning of children. | ||
While this is an
ongoing effort, it addresses only a small | ||
number of the
low-income children statewide in communities | ||
with high
levels of lead paint in the housing stock.
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(b) For purposes of this Section:
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"Advisory Council" means the Lead-Safe Housing Advisory
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Council created under subsection (c).
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"Lead-Safe Housing Maintenance Standards" or "Standards"
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means standards developed by the Advisory Council pursuant
to | ||
this Section.
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"Low-income" means a household at or below 80% of the | ||
median
income level for a given county as determined annually | ||
by
the United States Department of Housing and Urban
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Development.
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"Primary prevention" means removing lead hazards before a | ||
child is
poisoned
rather than relying on identification of a | ||
lead poisoned child as the
triggering event.
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(c) The Lead-Safe Housing Advisory
Council is created to | ||
advise the Department on lead poisoning prevention
activities. | ||
The Advisory Council shall be
chaired by the Director or his or | ||
her designee and the chair of the Illinois
Lead Safe Housing | ||
Task Force and provided with administrative support by the
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Department. The Advisory Council shall be comprised of (i) the | ||
directors, or
their designees, of the Illinois Housing | ||
Development Authority and the
Environmental Protection Agency; | ||
and (ii) the directors, or their designees,
of public health | ||
departments of counties identified by the Department that
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contain communities with a concentration of
high-risk, | ||
lead-contaminated properties.
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The Advisory Council shall also include the following | ||
members appointed by
the Governor:
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(1) One representative from the Illinois Association | ||
of Realtors.
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(2) One representative from the insurance industry.
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(3) Two pediatricians or other physicians with
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knowledge of lead-paint poisoning.
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(4) Two representatives from the private-sector,
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lead-based-paint-abatement
industry who are licensed in
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Illinois as an abatement contractor,
worker, or risk | ||
assessor.
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(5) Two representatives from community based | ||
organizations in
communities with a concentration of high | ||
risk lead contaminated properties.
High-risk
communities | ||
shall be identified based upon the prevalence of low-income
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families whose
children are lead poisoned and the age of | ||
the housing stock.
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(6) At least 3 lead-safe housing advocates, including
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(i) the parent of a lead-poisoned child, (ii) a
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representative from a child advocacy organization,
and | ||
(iii) a representative from a tenant housing
organization.
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(7) One representative from the Illinois paint and | ||
coatings industry. | ||
Within 9 months after its
formation, the Advisory Council
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shall submit a written report to the Governor and the General | ||
Assembly on:
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(1) developing a primary prevention program for | ||
addressing lead
poisoning;
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(2) developing a sufficient pool of lead abatement | ||
workers and
contractors;
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(3) targeting blood lead screening to children | ||
residing in high-risk
buildings and neighborhoods;
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(4) ensuring lead-safe work practices in all | ||
remodeling, rehabilitation,
and weatherization work;
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(5) funding mechanisms to assist residential property | ||
owners in costs of
lead abatement and mitigation;
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(6) providing insurance subsidies to licensed lead | ||
abatement contractors
who target their work to high-risk | ||
communities; and
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(7) developing any necessary legislation or rulemaking | ||
to improve the
effectiveness of State and local programs in | ||
lead abatement and other
prevention and control | ||
activities.
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The Advisory Council shall develop handbooks and training | ||
for property owners
and tenants
explaining the Standards and | ||
State and federal requirements for
lead-safe housing.
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The Advisory Council shall meet at least quarterly. Its | ||
members shall
receive no compensation for
their services, but | ||
their reasonable travel expenses actually incurred shall be
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reimbursed by the Department.
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(Source: P.A. 93-348, eff. 1-1-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||