SB1869 96TH GENERAL ASSEMBLY

LRB096 11285 RPM 21712 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1869

Introduced 2/20/2009, by Sen. Dan Kotowski

SYNOPSIS AS INTRODUCED:

410 ILCS 45/9.5 new
410 ILCS 45/11.05

Amends the Lead Poisoning Prevention Act. Provides that the Department of Public Health shall create, maintain, and make available to the public a Hazardous Housing Registry that will provide information regarding all properties within the State for which a mitigation notice has been issued. Sets forth methods by which properties shall be listed on the registry. Sets forth the specific requirements for information that shall be made available for properties included on the registry. Provides that properties shall be removed from the Registry within 3 business days after the Department or delegate agency issues a certificate of compliance. Provides that the Department shall make the Registry available on its website within 90 days after the effective date of the Act. Provides that the Lead-Safe Housing Advisory Council shall develop a distribution plan for the Registry and that the Department shall implement the distribution plan before January 1, 2010. Effective immediately.

A BILL FOR

AN ACT concerning public health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Lead Poisoning Prevention Act is amended by changing Section 11.05 and by adding Section 9.5 as follows:

(410 ILCS 45/9.5 new)

Sec. 9.5. Illinois Lead-Hazardous Housing Registry.

(a) The Department shall create, maintain, and make available to the public a Lead-Hazardous Housing Registry that will provide information regarding properties within this State that have been determined to contain a lead hazard pursuant to Section 9 of this Act.

Properties shall be listed on the registry as follows:

(1) If the mitigation notice was issued for a dwelling unit inspected as a result of an elevated blood lead level in a pregnant woman or a child, the property shall be listed on the registry 35 days after issuance of the mitigation notice unless the Department or delegate agency issues an extension of the deadline pursuant to subsection (6) of Section 9 of this Act.

(2) In all other cases, the property shall be listed on the registry 95 days after the issuance of the mitigation notice unless the Department or delegate agency issues an extension of the deadline pursuant to subsection (6) of Section 9 of this Act.

(3) All properties shall be listed on the registry 180 days after issuance of the mitigation notice regardless of any extensions granted by the Department or delegate agencies.

(b) The following information shall be made available for properties included on the registry:

(1) whether the property is a single family home or multi-unit dwelling;

(2) street address, including unit or apartment number, city and county;

(3) date the mitigation notice was issued;

(4) whether a mitigation or abatement plan has been filed by the property owner pursuant to subsection (4) of Section 9 of this Act; and

(5) whether the Department has issued a notice of deficiency pursuant to subsection (7) of Section 9 of this Act.

(c) Properties shall be removed from the Lead-Hazardous Registry within 3 business days after the Department or delegate agency issues a certificate of compliance. Delegate agencies must inform the Department within 3 business days that the certificate of compliance has been issued.

(d) The Department shall make the Lead-Hazardous Housing Registry available on its Internet website within 90 days after the effective date of this amendatory Act of the 96th General Assembly, accessible through a link on the Department's home page or first entry point. The registry shall be capable of being searched by city and county.

(e) The Department shall include the required information for all properties for which a mitigation notice was issued more than 180 days prior to the effective date of this amendatory Act of the 96th General Assembly.

(410 ILCS 45/11.05)

Sec. 11.05. Advisory Council.

(a) The General Assembly finds the following:

(1) Lead-based paint poisoning is a potentially devastating but preventable disease and is the number one environmental threat to children's health in the United States.

(2) The number of lead-poisoned children in Illinois is among the highest in the nation, especially in older, affordable properties.

(3) Lead poisoning causes irreversible damage to the development of a child's nervous system. Even at low and moderate levels, lead poisoning causes learning disabilities, speech problems, shortened attention span, hyperactivity, and behavioral problems. Recent research links high levels of lead exposure to lower IQ scores and to juvenile delinquency.

(4) Older housing is the number one risk factor for childhood lead poisoning. Properties built before 1950 are statistically much more likely to contain lead-based paint hazards than buildings constructed more recently.

(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.

(6) There are nearly 1.4 million households with lead-based paint hazards in Illinois.

(7) Most children are lead-poisoned in their own homes through exposure to lead dust from deteriorated lead-paint surfaces, like windows, and when lead paint deteriorates or is disturbed through home renovation and repainting.

(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.

(9) Windows are considered a higher lead exposure risk more often than other components in a housing unit. Windows are a major contributor of lead dust in the home, due to both weathering conditions and friction effects on paint.

(10) There is an insufficient pool of licensed lead abatement workers and contractors to address the problem in some areas of the State.

(11) Training, insurance, and licensing costs for lead removal workers are prohibitively high.

(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.

(b) For purposes of this Section:

"Advisory Council" means the Lead-Safe Housing Advisory Council created under subsection (c).

"Lead-Safe Housing Maintenance Standards" or "Standards" means standards developed by the Advisory Council pursuant to this Section.

"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 Development.

"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.

(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 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 contain communities with a concentration of high-risk, lead-contaminated properties.

The Advisory Council shall also include the following members appointed by the Governor:

(1) One representative from the Illinois Association of Realtors.

(2) One representative from the insurance industry.

(3) Two pediatricians or other physicians with knowledge of lead-paint poisoning.

(4) Two representatives from the private-sector, lead-based-paint-abatement industry who are licensed in Illinois as an abatement contractor, worker, or risk assessor.

(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 families whose children are lead poisoned and the age of the housing stock.

(6) At least 3 lead-safe housing advocates, including (i) the parent of a lead-poisoned child, (ii) a representative from a child advocacy organization, and (iii) a representative from a tenant housing organization.

(7) One representative from the Illinois paint and coatings industry.

Within 9 months after its formation, the Advisory Council shall submit a written report to the Governor and the General Assembly on:

(1) developing a primary prevention program for addressing lead poisoning;

(2) developing a sufficient pool of lead abatement workers and contractors;

(3) targeting blood lead screening to children residing in high-risk buildings and neighborhoods;

(4) ensuring lead-safe work practices in all remodeling, rehabilitation, and weatherization work;

(5) funding mechanisms to assist residential property owners in costs of lead abatement and mitigation;

(6) providing insurance subsidies to licensed lead abatement contractors who target their work to high-risk communities; and

(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.

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.

The Advisory Council shall develop a distribution plan for the Lead-Hazardous Housing Registry created pursuant to Section 9.5 of this Act. The Department shall implement the distribution plan before January 1, 2010.

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 reimbursed by the Department.

(Source: P.A. 93-348, eff. 1-1-04; 93-789, eff. 7-22-04.)

Section 99. Effective date. This Act takes effect upon becoming law.