Illinois General Assembly - Full Text of SB3176
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Full Text of SB3176  103rd General Assembly

SB3176 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3176

 

Introduced 2/6/2024, by Sen. Michael E. Hastings

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/6z-20.1
65 ILCS 5/11-80-25 new

    Amends the Illinois Municipal Code. Provides that a municipality contained within any part of an area where a noise analysis for a Type II federal or federal-aid highway project has occurred shall implement a residential sound insulation program to mitigate interstate highway noise. Includes requirements of the program, including replacement of all windows and doors installed under the program in homes where one or more windows or doors have been found to have caused offensive odors. Provides for the creation of an advisory board to determine which homes contain windows or doors that cause offensive odors and thus are eligible for replacement, to develop recommendations as to the order in which homes are to receive window replacement, to develop a process in which homeowners can demonstrate extreme hardship, and to compile a report. Provides that a municipality shall consider the recommendations of the advisory committee but shall retain final decision-making authority over replacement of windows. Contains other provisions relating to reports by the municipality, funding for claims under the program, and indoor air quality monitoring, laboratory analysis, or replacement requirements. Limits the concurrent exercise of home rule powers. Amends the State Finance Act to make a conforming change.


LRB103 37117 AWJ 67236 b

 

 

A BILL FOR

 

SB3176LRB103 37117 AWJ 67236 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Section 6z-20.1 as follows:
 
6    (30 ILCS 105/6z-20.1)
7    Sec. 6z-20.1. The State Aviation Program Fund and the
8Sound-Reducing Windows and Doors Replacement Fund.
9    (a) The State Aviation Program Fund is created in the
10State Treasury. Moneys in the Fund shall be used by the
11Department of Transportation for the purposes of administering
12a State Aviation Program. Subject to appropriation, the moneys
13shall be used for the purpose of distributing grants to units
14of local government to be used for airport-related purposes.
15Grants to units of local government from the Fund shall be
16distributed proportionately based on equal part enplanements,
17total cargo, and airport operations. With regard to
18enplanements that occur within a municipality with a
19population of over 500,000, grants shall be distributed only
20to the municipality.
21    (b) For grants to a unit of government other than a
22municipality with a population of more than 500,000,
23"airport-related purposes" means the capital or operating

 

 

SB3176- 2 -LRB103 37117 AWJ 67236 b

1costs of: (1) an airport; (2) a local airport system; or (3)
2any other local facility that is owned or operated by the
3person or entity that owns or operates the airport that is
4directly and substantially related to the air transportation
5of passengers or property as provided in 49 U.S.C. 47133,
6including (i) the replacement of sound-reducing windows and
7doors installed under the Residential Sound Insulation Program
8and (ii) in-home air quality monitoring testing in residences
9in which windows or doors were installed under the Residential
10Sound Insulation Program.
11    (c) For grants to a municipality with a population of more
12than 500,000, "airport-related purposes" means the capital
13costs of: (1) an airport; (2) a local airport system; or (3)
14any other local facility that (i) is owned or operated by a
15person or entity that owns or operates an airport and (ii) is
16directly and substantially related to the air transportation
17of passengers or property, as provided in 49 U.S.C. 47133. For
18grants to a municipality with a population of more than
19500,000, "airport-related purposes" also means costs,
20including administrative costs, associated with the
21replacement of sound-reducing windows and doors installed
22under the Residential Sound Insulation Program.
23    (d) In each State fiscal year, $9,500,000 attributable to
24a municipality with a population of more than 500,000, as
25provided in subsection (a) of this Section, shall be
26transferred to the Sound-Reducing Windows and Doors

 

 

SB3176- 3 -LRB103 37117 AWJ 67236 b

1Replacement Fund, a special fund created in the State
2Treasury. Subject to appropriation, the moneys in the Fund
3deposited under this subsection shall be used solely for
4costs, including administrative costs, associated with the
5mechanical repairs and the replacement of sound-reducing
6windows and doors installed under the Residential Sound
7Insulation Program. Any amounts attributable to a municipality
8with a population of more than 500,000 in excess of $7,500,000
9deposited under this subsection in each State fiscal year
10shall be distributed among the airports in that municipality
11based on the same formula as prescribed in subsection (a) to be
12used for airport-related purposes.
13    (e) Appropriations or grants may be deposited into the
14Sound-Reducing Windows and Doors Replacement Fund for use by a
15residential sound insulation program to mitigate interstate
16highway noise under Section 11-80-25 of the Illinois Municipal
17Code for the purposes allowed in Section 11-80-25.
18Appropriations or grants deposited in the Sound-Reducing
19Windows and Doors Replacement Fund for the purposes of
20residential sound insulation programs to mitigate interstate
21highway noise may only be used for those purposes.
22(Source: P.A. 103-8, eff. 7-1-23.)
 
23    Section 10. The Illinois Municipal Code is amended by
24adding Section 11-80-25 as follows:
 

 

 

SB3176- 4 -LRB103 37117 AWJ 67236 b

1    (65 ILCS 5/11-80-25 new)
2    Sec. 11-80-25. Residential sound insulation program;
3interstate highways.
4    (a) A municipality contained within any part of an area
5where a noise analysis for a Type II federal or federal-aid
6highway project has occurred shall implement a residential
7sound insulation program to mitigate interstate highway noise.
8Using the funds appropriated for the program, the municipality
9shall install windows and doors to mitigate interstate highway
10noise and perform an indoor noise monitoring and analysis of
11windows and doors installed pursuant to the program to
12determine whether there are any adverse health impacts
13associated with off-gassing from the windows and doors. The
14monitoring and analysis shall be consistent with applicable
15professional and industry standards. The municipality shall
16make final reports resulting from the monitoring and analysis
17available to the public on the municipality's website. The
18municipality shall develop a science-based mitigation plan to
19address significant health-related impacts, if any, associated
20with the windows and doors installed under the program as
21determined by the results of the monitoring and analysis.
22Subject to appropriation, the municipality shall replace
23windows and doors in at least 750 residences a year within the
24area where a noise analysis for the Type II federal or
25federal-aid highway project has occurred.
26    (b) In a municipality that has implemented a residential

 

 

SB3176- 5 -LRB103 37117 AWJ 67236 b

1sound insulation program to mitigate interstate highway noise
2under subsection (a), the municipality shall replace all
3windows and doors installed under the program in homes where
4one or more windows or doors have been found to have caused
5offensive odors if requested by the homeowner, except as
6provided in this subsection. The replacement shall be made
7pursuant to a process established by the municipality, which
8shall include, at a minimum, notification in a newspaper of
9general circulation and a mailer sent to every address
10identified as a recipient of windows and doors installed under
11the program.
12    Residents who altered or modified a replacement window or
13door or accepted a replacement screen for a window shall not be
14disqualified from compensation or future services. Only those
15homeowners who request that the municipality perform an odor
16inspection as prescribed by the process established under this
17subsection within 6 months of notification being published and
18mailers being sent are eligible for odorous window and odorous
19door replacement. Residents who are eligible to receive
20replacement windows or doors shall be allowed to choose the
21color and type of replacement window or door. For purposes of
22aiding in the selection of the replacement windows and doors,
23a showcase and display of available replacement window and
24door types shall be established and located within the area
25where the noise analysis for a Type II federal or federal-aid
26highway project has occurred. Homes that have been identified

 

 

SB3176- 6 -LRB103 37117 AWJ 67236 b

1by the municipality as having odorous windows or doors are not
2required to make a request to the municipality. The
3municipality shall also perform in-home air quality testing in
4residences in which windows and doors are replaced under this
5subsection. In order to receive in-home air quality testing, a
6homeowner must request the testing from the municipality, and
7the total number of homes tested in any given year may not
8exceed 25% of the total number of homes in which windows and
9doors were replaced under subsection (a) in the prior calendar
10year.
11    (c) An advisory committee shall be formed and composed of
12the following: (i) 2 members of the municipality who reside in
13homes that have received windows or doors pursuant to the
14program and have been identified by the municipality as having
15odorous windows or doors, appointed by the Secretary of
16Transportation; (ii) one employee of the Department of
17Transportation's Office of Highways Project and
18Implementation; (iii) 2 employees of the municipality that
19implemented the program; and (iv) 2 members appointed by the
20Speaker of the House of Representatives, 2 members appointed
21by the President of the Senate, one member appointed by the
22Minority Leader of the House of Representatives, and one
23member appointed by the Minority Leader of the Senate. The
24advisory committee shall recommend, by majority vote, which
25homes contain windows or doors that cause offensive odors and
26thus are eligible for replacement under subsection (b), shall

 

 

SB3176- 7 -LRB103 37117 AWJ 67236 b

1create a list of the homes, and shall develop recommendations
2as to the order in which homes are to receive window or door
3replacement. The advisory committee recommendations shall
4include reasonable and objective criteria for determining
5which windows or doors are odorous, consideration of the date
6of odor confirmation for prioritization, severity of odor, and
7geography, and individual hardship.
8    The advisory committee shall develop a process in which
9homeowners can demonstrate extreme hardship. As used in this
10subsection, "extreme hardship" means liquid infiltration of
11the window or door, health and medical condition of the
12resident, and residents with sensitivities related to smell.
13At least 10% of the homes receiving a replacement in a year
14shall be homes that have demonstrated extreme hardship.
15    The advisory committee shall compile a report
16demonstrating: (i) the number of homes in line to receive a
17replacement; (ii) the number of homes that received
18replacement windows or doors, or both; (iii) the number of
19homes that received financial compensation instead of a
20replacement; and (iv) the number of homes with confirmed
21mechanical issues. Until December 31, 2025, the report shall
22be compiled monthly, and, after December 31, 2025, the report
23shall be complied quarterly.
24    The advisory committee shall accept all public questions
25and furnish a written response within 10 business days. The
26advisory committee shall comply with the requirements of the

 

 

SB3176- 8 -LRB103 37117 AWJ 67236 b

1Open Meetings Act. The Cook County Department of
2Transportation and Highways shall provide administrative
3support to the advisory committee.
4    (d) The municipality shall consider the recommendations of
5the advisory committee but shall retain final decision-making
6authority over replacement of windows and doors installed
7under the program and shall comply with all federal, State,
8and local laws involving procurement. A municipality
9administering claims pursuant to this Section shall provide to
10every address identified as having submitted a valid claim
11under this Section a quarterly report setting forth the
12municipality's activities undertaken pursuant to this Section
13for that quarter. However, the municipality shall replace
14windows and doors pursuant to this Section only if and to the
15extent grants are distributed to and received by the
16municipality from the Sound-Reducing Windows and Doors
17Replacement Fund for the costs associated with the replacement
18of sound-reducing windows and doors installed under the
19program pursuant to subsection (e) of Section 6z-20.1 of the
20State Finance Act. The municipality shall revise its
21specifications for procurement of windows and doors for the
22program to address potential off-gassing from the windows or
23doors in future phases of the program. A municipality subject
24to the Section may not adopt an ordinance or resolution or
25otherwise regulate with regard to indoor air quality
26monitoring, laboratory analysis, or replacement requirements,

 

 

SB3176- 9 -LRB103 37117 AWJ 67236 b

1except as provided in this Section, but the limits on
2regulation of indoor air quality monitoring, laboratory
3analysis, or replacement requirements may not be construed to
4limit the municipality's taxing power.
5    (e) A home rule unit may not regulate indoor air quality
6monitoring and laboratory analysis and related mitigation and
7mitigation plans in a manner inconsistent with this Section.
8This Section is a limitation of home rule powers and functions
9under subsection (i) of Section 6 of Article VII of the
10Illinois Constitution on the concurrent exercise by home rule
11units of powers and functions exercised by the State.
12    (f) This Section may not be construed to create a private
13right of action.