HB4528ham001 99TH GENERAL ASSEMBLY

Rep. Emily McAsey

Filed: 3/23/2016

09900HB4528ham001 LRB099 15124 MJP 45696 a

AMENDMENT TO HOUSE BILL 4528

AMENDMENT NO. ______. Amend House Bill 4528 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Tenants Radon Protection Act.

Section 5. Purpose. Radon is the leading cause of death in private homes and is a radioactive element that is part of the radioactive decay chain of naturally occurring uranium in soil. Unlike carbon monoxide and many other home pollutants, radon's adverse health effect, lung cancer, is usually not produced immediately.

Section 10. Definitions. As used in this Act:

"Dwelling unit" means a room or suite of rooms used for human habitation. "Dwelling unit" includes a single family residence as well as each living unit of a multiple family residence and each living unit in a mixed use building.

"IEMA" means the Illinois Emergency Management Agency.

"Landlord" means any person or entity leasing a dwelling unit to a tenant, and includes, but is not limited to, an individual, company, corporation, firm, group, association, partnership, joint venture, trust, government agency or subdivision thereof.

"Lease" means an oral or written agreement under which a property owner allows a tenant to use the property for a specified rent and period of time.

"Mitigation" means the act of repairing or altering a building or building design for the purpose in whole or in part of reducing the concentration of radon in the indoor atmosphere according to procedures described in 32 Ill. Adm. Code Part 422.

"Radon" means a gaseous radioactive decay product of uranium or thorium.

"Radon contractor" means a person licensed in accordance with the Radon Industry Licensing Act to perform radon mitigation or to perform measurements of radon in an indoor atmosphere.

"Radon hazard" means exposure to indoor radon concentrations at or in excess of the IEMA's recommended Radon Action Level.

"Radon test" means a measurement of indoor radon concentrations in accordance with the provisions of 32 Ill. Adm. Code Part 422 for performing radon measurements.

"Tenant" means a person who is about to enter or has entered into an oral or written lease with a landlord to lease a dwelling unit.

Section 15. Radon testing and disclosure.

(a) At the time of or before a lease is entered into, and at any time that a lease is in effect, the landlord shall provide to each tenant in a dwelling unit copies of any records or reports pertaining to radon concentrations within the dwelling unit that indicate a radon hazard to the tenant, as provided in subsection (e).

(b) If a tenant performs a radon test, the tenant shall provide to the landlord copies of any records or reports pertaining to radon concentrations within 10 days after receiving the measurement result.

(c) Nothing in this Section is intended to or shall be construed to imply an obligation of a landlord or tenant to conduct any radon testing activities.

(d) The landlord shall provide to the tenant the IEMA pamphlet entitled "IEMA Radon Guide for Tenants".

(e) The following Disclosure of Information on Radon Hazards to Tenants shall be provided to each tenant of a dwelling unit:

"DISCLOSURE OF INFORMATION ON RADON HAZARDS TO TENANTS

Radon Warning Statement

Each tenant in this residence is notified that the property may present exposure to levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class-A human carcinogen, is the leading cause of death in private homes and the leading cause of lung cancer in non-smokers. The landlord of any residence is required to provide each tenant with any information on radon test results of the dwelling unit that present a radon hazard to the tenant.

The Illinois Emergency Management Agency (IEMA) strongly recommends ALL rental property have a radon test performed and radon hazards mitigated if elevated levels are found in a dwelling unit or a routinely occupied area of a multiple family residence. Elevated radon concentrations can easily be reduced by a radon contractor.

Property address:............................................

Landlord's Disclosure (initial each of the following which applies)

(a) ...... Landlord has no knowledge of elevated radon concentrations (or records or reports pertaining to elevated radon concentrations) in the dwelling unit.

(b) ...... Radon concentrations (above the IEMA recommended Radon Action Level 4.0 pCi/L) are known to be present within the dwelling unit.

(c) ...... Landlord has provided the tenant with copies of all available records and reports pertaining to radon concentrations within the dwelling unit.

Tenant's Acknowledgment (initial)

(d) ...... Tenant has received copies of all information listed above.

(e) ...... Tenant has received pamphlet "IEMA Radon Guide for Tenants".

Certification of Accuracy

The following parties have reviewed the information above and each party certifies, to the best of his or her knowledge, that the information he or she provided is true and accurate.

Landlord .................... Date .................... Tenant .................... Date ...................."

Section 20. Mitigation of radon hazard.

(a) If a landlord disputes the results of a radon test performed by a tenant, the landlord may hire a radon contractor to perform a radon test within 30 days after the tenant notifies the landlord of the results of his or her radon test. This measurement by a radon contractor is valid for a period of 2 years after the date of the testing unless renovations, additions, or modifications are made to the building.

(b) Landlords deciding to have radon mitigation performed shall have the mitigation system installed by a radon contractor.

(c) Tenants deciding to have radon mitigation performed shall have the mitigation system installed by a radon contractor. Tenants shall have the landlord's consent prior to undertaking any mitigation activities.

(d) Nothing in this Section is intended to or shall be construed to imply an obligation of a landlord or tenant to conduct any radon testing or mitigation activities.

Section 25. Termination of lease.

(a) A tenant has the right to terminate a lease if the landlord has failed to correct the radon hazard within 120 days after having been initially informed of a radon hazard.

(b) A landlord of a dwelling unit vacated by a tenant in accordance with subsection (a), who has received a security deposit from a tenant to secure the payment of rent or to compensate for damage to the leased property, may not withhold any part of that deposit as compensation for radon testing or mitigation activities. However, the landlord may withhold part of the security deposit in cases where the tenant had a mitigation system installed without the landlord's consent and the system was not property installed by a radon contractor. An itemized statement must be provided to the tenant if all or part of the security deposit is withheld.

Section 30. Home rule. A home rule unit may not regulate lease agreements in a manner that diminishes the rights of tenants under this Act. This Section is a limitation 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.

(420 ILCS 46/25 rep.)

Section 50. The Illinois Radon Awareness Act is amended by repealing Section 25.

Section 99. Effective date. This Act takes effect January 1, 2017.".