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HB5790 Engrossed |
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| AN ACT concerning 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 |
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| changing Section 11.05 and by adding Section 9.5 as follows: |
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| (410 ILCS 45/9.5 new) |
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| Sec. 9.5. Illinois Lead-Hazardous Housing Registry. |
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| (a) The Department shall create, maintain, and make |
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| available to the public a Lead-Hazardous Housing Registry that |
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| will provide information regarding properties within this |
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| State that have been determined to contain a lead hazard |
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| pursuant to Section 9 of this Act. |
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| Properties shall be listed on the registry as follows: |
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| (1) If the mitigation notice was issued for a dwelling |
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| unit inspected as a result of an elevated blood lead level |
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| in a pregnant woman or a child, the property shall be |
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| listed on the registry 35 days after issuance of the |
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| mitigation notice unless the Department or delegate agency |
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| issues an extension of the deadline pursuant to subsection |
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| (6) of Section 9 of this Act. |
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| (2) In all other cases, the property shall be listed on |
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| the registry 95 days after the issuance of the mitigation |
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| notice unless the Department or delegate agency issues an |
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LRB095 19800 KBJ 46187 b |
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| extension of the deadline pursuant to subsection (6) of |
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| Section 9 of this Act. |
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| (3) All properties shall be listed on the registry 180 |
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| days after issuance of the mitigation notice regardless of |
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| any extensions granted by the Department or delegate |
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| agencies. |
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| (b) The following information shall be made available for |
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| properties included on the registry: |
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| (1) whether the property is a single family home or |
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| multi-unit dwelling; |
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| (2) street address, including unit or apartment |
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| number, city and county; |
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| (3) date the mitigation notice was issued; |
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| (4) whether a mitigation or abatement plan has been |
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| filed by the property owner pursuant to subsection (4) of |
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| Section 9 of this Act; and |
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| (5) whether the Department has issued a notice of |
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| deficiency pursuant to subsection (7) of Section 9 of this |
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| Act. |
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| (c) Properties shall be removed from the Lead-Hazardous |
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| Registry within 3 business days after the Department or |
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| delegate agency issues a certificate of compliance. Delegate |
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| agencies must inform the Department within 3 business days that |
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| the certificate of compliance has been issued. |
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| (d) The Department shall make the Lead-Hazardous Housing |
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| Registry available on its Internet website within 90 days after |
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| the effective date of this amendatory Act of the 95th General |
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| Assembly, accessible through a link on the Department's home |
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| page or first entry point. The registry shall be capable of |
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| being searched by city and county. |
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| (e) The Department shall include the required information |
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| for all properties for which a mitigation notice was issued |
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| more than 180 days prior to the effective date of this |
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| amendatory Act of the 95th General Assembly. |
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| (f) Notwithstanding any other rulemaking authority that |
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| may exist, neither the Governor nor any agency or agency head |
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| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly. If, |
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| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly, the Governor may suggest rules to |
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| the General Assembly by filing them with the Clerk of the House |
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| and Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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LRB095 19800 KBJ 46187 b |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor.
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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 |
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| 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 |
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| among
the highest in the nation, especially in older, |
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| 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 |
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| 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 |
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| of its housing stock. More than 50% of the
housing units in |
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| Chicago and in Rock Island, Peoria,
Macon, Madison, and |
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| Kankakee counties were built before
1960 and more than 43% |
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| of the housing units in St. Clair,
Winnebago, Sangamon, |
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| Kane, and Cook counties were built
before 1950.
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| (6) There are nearly 1.4 million households with |
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| 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 |
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| lead poisoning
rates. Other communities, including New |
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| York City
and Milwaukee, have successfully reduced lead |
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| poisoning
rates by removing lead-based paint hazards on |
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| 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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LRB095 19800 KBJ 46187 b |
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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 |
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| of Housing and
Urban Development, some communities in |
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| Illinois have begun
to reduce lead poisoning of children. |
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| While this is an
ongoing effort, it addresses only a small |
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| number of the
low-income children statewide in communities |
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| 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 |
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| this Section.
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| "Low-income" means a household at or below 80% of the |
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| median
income level for a given county as determined annually |
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| 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 |
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| child is
poisoned
rather than relying on identification of a |
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| lead poisoned child as the
triggering event.
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| (c) The Lead-Safe Housing Advisory
Council is created to |
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| advise the Department on lead poisoning prevention
activities. |
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| The Advisory Council shall be
chaired by the Director or his or |
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| her designee and the chair of the Illinois
Lead Safe Housing |
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| Task Force and provided with administrative support by the
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LRB095 19800 KBJ 46187 b |
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| Department. The Advisory Council shall be comprised of (i) the |
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| directors, or
their designees, of the Illinois Housing |
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| Development Authority and the
Environmental Protection Agency; |
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| and (ii) the directors, or their designees,
of public health |
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| departments of counties identified by the Department that
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| contain communities with a concentration of
high-risk, |
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| lead-contaminated properties.
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| The Advisory Council shall also include the following |
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| members appointed by
the Governor:
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| (1) One representative from the Illinois Association |
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| 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 |
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| assessor.
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| (5) Two representatives from community based |
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| organizations in
communities with a concentration of high |
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| risk lead contaminated properties.
High-risk
communities |
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| shall be identified based upon the prevalence of low-income
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| families whose
children are lead poisoned and the age of |
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| 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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LRB095 19800 KBJ 46187 b |
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| representative from a child advocacy organization,
and |
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| (iii) a representative from a tenant housing
organization.
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| (7) One representative from the Illinois paint and |
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| coatings industry. |
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| Within 9 months after its
formation, the Advisory Council
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| shall submit a written report to the Governor and the General |
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| Assembly on:
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| (1) developing a primary prevention program for |
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| addressing lead
poisoning;
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| (2) developing a sufficient pool of lead abatement |
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| workers and
contractors;
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| (3) targeting blood lead screening to children |
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| residing in high-risk
buildings and neighborhoods;
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| (4) ensuring lead-safe work practices in all |
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| remodeling, rehabilitation,
and weatherization work;
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| (5) funding mechanisms to assist residential property |
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| owners in costs of
lead abatement and mitigation;
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| (6) providing insurance subsidies to licensed lead |
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| abatement contractors
who target their work to high-risk |
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| communities; and
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| (7) developing any necessary legislation or rulemaking |
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| to improve the
effectiveness of State and local programs in |
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| lead abatement and other
prevention and control |
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| activities.
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| The Advisory Council shall develop handbooks and training |
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| for property owners
and tenants
explaining the Standards and |
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LRB095 19800 KBJ 46187 b |
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| State and federal requirements for
lead-safe housing.
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| The Advisory Council shall develop a distribution plan for |
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| the Lead-Hazardous Housing Registry created pursuant to |
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| Section 9.5 of this Act. The Department shall implement the |
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| distribution plan before January 1, 2009. Notwithstanding any |
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| other rulemaking authority that may exist, neither the Governor |
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| nor any agency or agency head under the jurisdiction of the |
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| Governor has any authority to make or promulgate rules to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly. If, however, the Governor believes |
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| that rules are necessary to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly, the |
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| Governor may suggest rules to the General Assembly by filing |
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| them with the Clerk of the House and Secretary of the Senate |
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| and by requesting that the General Assembly authorize such |
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| rulemaking by law, enact those suggested rules into law, or |
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| take any other appropriate action in the General Assembly's |
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| discretion. Nothing contained in this amendatory Act of the |
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| 95th General Assembly shall be interpreted to grant rulemaking |
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| authority under any other Illinois statute where such authority |
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| is not otherwise explicitly given. For the purposes of this |
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| amendatory Act of the 95th General Assembly, "rules" is given |
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| the meaning contained in Section 1-70 of the Illinois |
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| Administrative Procedure Act, and "agency" and "agency head" |
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| are given the meanings contained in Sections 1-20 and 1-25 of |
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| the Illinois Administrative Procedure Act to the extent that |
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HB5790 Engrossed |
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LRB095 19800 KBJ 46187 b |
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| such definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| The Advisory Council shall meet at least quarterly. Its |
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| members shall
receive no compensation for
their services, but |
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| 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; 93-789, eff. 7-22-04.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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