Illinois General Assembly - Full Text of HB3229
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Full Text of HB3229  93rd General Assembly

HB3229 93rd General Assembly


093_HB3229

                                     LRB093 11083 MBS 12133 b

 1        AN ACT concerning environmental protection.

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

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

 6        (410 ILCS 45/11.05 new)
 7        Sec. 11.05.  Advisory Council.
 8        (a)  The General Assembly finds the following:
 9             (1)  Lead-based paint  poisoning  is  a  potentially
10        devastating but preventable disease and is the number one
11        environmental  threat  to children's health in the United
12        States.
13             (2)  The  number  of   lead-poisoned   children   in
14        Illinois  is  among the highest in the nation, especially
15        in older, affordable properties.
16             (3)  Lead poisoning causes  irreversible  damage  to
17        the  development of a child's nervous system. Even at low
18        and  moderate  levels,  lead  poisoning  causes  learning
19        disabilities, speech problems, shortened attention  span,
20        hyperactivity,  and  behavioral problems. Recent research
21        links high levels of lead exposure to lower IQ scores and
22        to juvenile delinquency.
23             (4)  Older housing is the number one risk factor for
24        childhood lead poisoning. Properties  built  before  1950
25        are  statistically much more likely to contain lead-based
26        paint hazards than buildings constructed more recently.
27             (5)  Illinois ranks 10th out of the 50 states in the
28        age of its housing stock. More than 50%  of  the  housing
29        units  in  Chicago  and  in  Rock  Island, Peoria, Macon,
30        Madison, and Kankakee counties were built before 1960 and
31        more  than  43%  of  the  housing  units  in  St.  Clair,
 
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 1        Winnebago, Sangamon, Kane, and Cook counties  were  built
 2        before 1950.
 3             (6)  There  are  nearly  1.4 million households with
 4        lead-based paint hazards in Illinois.
 5             (7)  Most children are lead-poisoned  in  their  own
 6        homes  through  exposure  to  lead dust from deteriorated
 7        lead-paint surfaces, like windows, and  when  lead  paint
 8        deteriorates  or is disturbed through home renovation and
 9        repainting.
10             (8)  While less than 30% of children 6 years of  age
11        and  under  have  been  tested  for  lead  poisoning, the
12        counties with the highest number of children known to  be
13        lead-poisoned  are:  Kankakee  (28%),  Macon  (19%), Cook
14        (17%), Peoria (17%), Rock Island (15%), St. Clair  (14%),
15        Madison, Sangamon, and Kane counties (11%), and Winnebago
16        (10%).
17             (9)  The   control  of  lead  hazards  significantly
18        reduces  lead   poisoning   rates.   Other   communities,
19        including  New York City and Milwaukee, have successfully
20        reduced lead poisoning rates by removing lead-based paint
21        hazards on windows.
22             (10)  Windows are considered a higher lead  exposure
23        risk  more often than other components in a housing unit.
24        Windows are a major contributor of lead dust in the home,
25        due to both weathering conditions and friction effects on
26        paint.
27             (11)  There is an insufficient pool of licensed lead
28        abatement workers and contractors to address the  problem
29        in some areas of the State.
30             (12)  Training,  insurance,  and licensing costs for
31        lead removal workers are prohibitively high.
32             (13)  Through  grants   from   the   United   States
33        Department   of   Housing  and  Urban  Development,  some
34        communities  in  Illinois  have  begun  to  reduce   lead
 
                            -3-      LRB093 11083 MBS 12133 b
 1        poisoning  of  children. While this is an ongoing effort,
 2        it addresses  only  a  small  number  of  the  low-income
 3        children  statewide  in  communities  with high levels of
 4        lead paint in the housing stock.
 5        (b)  For purposes of this Section:
 6        "Advisory Council" means the Lead-Safe  Housing  Advisory
 7    Council created under subsection (c).
 8        "Lead-Safe  Housing Maintenance Standards" or "Standards"
 9    means standards developed by the Advisory Council pursuant to
10    this Section.
11        "Low-income" means a household at or  below  80%  of  the
12    median income level for a given county as determined annually
13    by   the  United  States  Department  of  Housing  and  Urban
14    Development.
15        (c)  The Lead-Safe Housing Advisory Council is created to
16    advise the Department on the administration of this Act.  The
17    Advisory  Council  shall be chaired by the Director or his or
18    her designee and provided with administrative support by  the
19    Department.   The  Advisory Council shall be comprised of (i)
20    the directors, or their designees, of  the  Illinois  Housing
21    Development   Authority   and  the  Environmental  Protection
22    Agency; and  (ii)  the  directors,  or  their  designees,  of
23    public  health  departments  of  counties  identified  by the
24    Department that contain communities with a  concentration  of
25    high-risk, lead-contaminated properties.
26        The  Advisory  Council  shall  also include the following
27    members appointed by the  Governor:
28             (1)  One   representative    from    the    Illinois
29        Association of Realtors.
30             (2)  One representative from the insurance industry.
31             (3)  Two  pediatricians  or  other  physicians  with
32        knowledge of lead-paint poisoning.
33             (4)  Two  representatives  from  the private-sector,
34        lead-based-paint-abatement industry who are  licensed  in
 
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 1        Illinois  as  an  abatement  contractor,  worker, or risk
 2        assessor.
 3             (5)  At  least  3   lead-safe   housing   advocates,
 4        including  (i)  the  parent  of  a  lead-poisoned  child,
 5        (ii)  a    representative    from    a   child   advocacy
 6        organization, and (iii)  a representative from  a  tenant
 7        housing organization.
 8        The Advisory Council shall identify high-risk communities
 9    with  a  concentration of lead-contaminated properties to the
10    Department, based upon the prevalence of low-income  families
11    whose  children  are  lead-poisoned,  the  age of the housing
12    stock,  and  other  sources  of  funding  available  to   the
13    community to address lead-paint housing hazards.
14        Within 6 months after its formation, the Advisory Council
15    shall   recommend   to   the   Department  Lead-Safe  Housing
16    Maintenance   Standards,   which    shall    delineate    the
17    responsibilities   of   property   owners   and   tenants  in
18    maintaining lead-safe housing. Except for properties in which
19    all lead-based paint has been removed,  the  Standards  shall
20    prescribe special cleaning, repair, and maintenance necessary
21    to   reduce  the  chance  that  properties  will  cause  lead
22    poisoning in child  occupants.  The  Department  shall  adopt
23    rules based upon the Standards.
24        The Advisory Council shall develop handbooks for property
25    owners  and  tenants  explaining  the Standards and State and
26    federal requirements for lead-safe housing.
27        The Advisory Council shall meet at least quarterly.   Its
28    members shall receive no compensation for their services, but
29    their  reasonable  travel expenses actually incurred shall be
30    reimbursed by the Department.
31        The Advisory  Council  shall  submit  an  annual  written
32    report  to  the  Governor  and  the  General  Assembly on the
33    operation and effectiveness of the Act.  The report shall:
34             (1)  Evaluate  the  effectiveness  of  the  Act   in
 
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 1        reducing  the prevalence of lead poisoning in children in
 2        high-risk  communities  and  in  training  and  employing
 3        persons in those communities to prevent and control  lead
 4        poisoning.
 5             (2)  Describe   the   number   of   units  in  which
 6        lead-based paint has been abated.
 7             (3)  Specify the types of  work  completed  and  the
 8        types of dwellings and demographics of persons assisted.
 9             (4)  Summarize  the  cost of lead-based paint hazard
10        control,  rent  increases  or  decreases   in   high-risk
11        communities,  rental  property ownership changes, and any
12        other actions taken by the  Department  or  the  Advisory
13        Council.
14             (5)  Recommend    any   necessary   legislation   or
15        rule-making to improve the  effectiveness  of  State  and
16        local programs in lead abatement and other prevention and
17        control activities.