Full Text of HB4057 93rd General Assembly
HB4057 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4057
Introduced 1/14/2004, by Michael P. McAuliffe SYNOPSIS AS INTRODUCED: |
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225 ILCS 207/15 |
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225 ILCS 207/35 |
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Amends the Commercial and Public Building Asbestos Abatement Act. Requires
licensure for persons acting as consultants, air sampling professionals, project managers, and management planners.
Exempts from licensure as a consultant an employee of a local education agency
who is that local education agency's designated person.
Makes changes in the definition of "response action services". Effective immediately.
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A BILL FOR
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HB4057 |
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LRB093 15084 AMC 40672 b |
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| AN ACT concerning asbestos abatement.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Commercial and Public Building Asbestos | 5 |
| Abatement Act is
amended by changing Sections 15 and 35 as | 6 |
| follows:
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| (225 ILCS 207/15)
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| Sec. 15. Definitions. As used in this Act:
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| "Asbestos abatement contractor" means any entity that
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| provides removal, enclosure, encapsulation, or disposal of | 11 |
| asbestos
containing materials.
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| "Asbestos containing building materials" or "ACBM" means
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| surfacing asbestos containing materials or ACM, thermal system
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| insulation ACM, or miscellaneous ACM that is found in or on | 15 |
| interior
structural members or other parts of a building.
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| "Asbestos" means the asbestiform varieties of chrysotile,
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| amosite, crocidolite, tremolite, anthrophyllite, and | 18 |
| actinolite.
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| "Asbestos inspector" means an individual who performs | 20 |
| inspections of
commercial and public buildings for the presence | 21 |
| of asbestos containing
materials.
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| "Asbestos materials" means any material or product that | 23 |
| contains more than 1%
asbestos.
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| "Asbestos consultant" means a person offering expert or | 25 |
| professional advice
as
an asbestos professional or designated | 26 |
| person.
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| "Asbestos professional" means an individual who is | 28 |
| licensed by the Department
to
perform the duties of an | 29 |
| inspector, management planner, project
designer, project | 30 |
| supervisor, project manager, or air sampling professional, as | 31 |
| applicable, except project supervisors under the direct employ | 32 |
| of a licensed asbestos abatement contractor.
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LRB093 15084 AMC 40672 b |
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| "Asbestos supervisor" means an asbestos abatement | 2 |
| contractor, foreman, or
person designated as the asbestos | 3 |
| abatement contractor's representative who is
responsible for | 4 |
| the onsite supervision of the removal, encapsulation, or
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| enclosure of friable or nonfriable asbestos-containing | 6 |
| materials in a
commercial or public building.
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| "Asbestos worker" means an individual who cleans, removes, | 8 |
| encapsulates,
encloses, hauls, or disposes of friable asbestos | 9 |
| material.
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| "Building/facility owner" is the legal entity, including a
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| lessee, that exercises control over management and record | 12 |
| keeping
functions relating to a building or facility in which | 13 |
| activities
covered by this standard take place.
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| "Commercial or public building" means
the interior space of | 15 |
| any building, except that the term does not include any
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| residential apartment building of fewer than 10 units or | 17 |
| detached single family
homes. The term includes, but is not | 18 |
| limited to: industrial and office
buildings, residential | 19 |
| apartment buildings and condominiums of 10 or more
dwelling | 20 |
| units, government-owned buildings, colleges, museums, | 21 |
| airports,
hospitals, churches, schools, preschools, stores, | 22 |
| warehouses, and factories.
Interior space includes exterior | 23 |
| hallways connecting buildings, porticos, and
mechanical | 24 |
| systems used to condition interior space.
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| "Department" means the Department of Public Health.
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| "Designated person" means a person designated by the local | 27 |
| education
agency, as
defined by the Asbestos Abatement Act, to | 28 |
| ensure that the management plan has
been properly implemented.
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| "Director" means the Director of Public Health.
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| "Encapsulation" means the treatment of ACBM with a
material | 31 |
| that surrounds or embeds asbestos fibers in an adhesive
matrix | 32 |
| that prevents the release of fibers as the encapsulant creates
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| a membrane over the surfaces (bridging encapsulant) or | 34 |
| penetrates
the material and binds its components together | 35 |
| (penetrating
encapsulant).
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| "Enclosure" means the construction of airtight walls and
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LRB093 15084 AMC 40672 b |
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| ceilings between the asbestos containing material and the | 2 |
| building
environment, or around surfaces coated with asbestos | 3 |
| containing materials, or
any other appropriate scientific | 4 |
| procedure as determined by the
Department that prevents the | 5 |
| release of asbestos.
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| "Friable", when referring to material in a commercial or | 7 |
| public building,
means that the material, when dry, may be | 8 |
| crumbled, pulverized, or
reduced to powder by hand pressure and | 9 |
| includes previously
nonfriable materials after such previously | 10 |
| nonfriable material
becomes damaged to the extent that, when | 11 |
| dry, it may be crumbled,
pulverized, or reduced to powder by | 12 |
| hand pressure.
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| "Inspection" means an activity undertaken in a public or | 14 |
| commercial building
to determine the presence or location, or | 15 |
| to assess the condition of, friable
or nonfriable asbestos | 16 |
| containing building material (ACBM) or suspected ACBM,
whether | 17 |
| by visual or physical examination, or by collecting samples of | 18 |
| such
material.
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| "Nonfriable" means material in a commercial or public
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| building which, when dry, may not be crumbled, pulverized, or
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| reduced to powder by hand pressure.
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| "Person" means any individual, group of individuals,
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| association, trust, partnership, corporation, person doing | 24 |
| business
under an assumed name, or any other
entity.
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| "Project designer" means an individual who
designs | 26 |
| response actions for commercial or public
buildings.
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| "Response action" means a method, including removal,
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| encapsulation, enclosure, repair, operations and maintenance, | 29 |
| that
protects human health and the environment from friable | 30 |
| ACBM.
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| "Response action contractor" means any entity that
engages | 32 |
| in response action services.
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| "Response action services" means the service of designing | 34 |
| and conducting
removal, encapsulation, enclosure, repair, or | 35 |
| operations and maintenance of
friable asbestos containing | 36 |
| building materials, inspection of public or
commercial |
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| buildings, and inspection of asbestos containing materials.
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| The term does not include the design or conducting of response | 3 |
| actions that
involve removal or possible disturbance of an | 4 |
| amount of asbestos containing
building material comprising | 5 |
| less than 3 square feet or less than 3 lineal feet of other | 6 |
| friable asbestos
containing building material.
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| (Source: P.A. 89-143, eff. 7-14-95.)
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| (225 ILCS 207/35)
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| Sec. 35. Licensing.
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| (1) No person may act as an asbestos abatement contractor | 11 |
| providing response
action services unless the person is | 12 |
| licensed as an Asbestos Abatement
Contractor by the Department | 13 |
| in accordance with the Asbestos Abatement Act and
rules | 14 |
| promulgated under it.
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| (2) No person may act as an asbestos supervisor providing | 16 |
| response action
services unless the person is licensed as a | 17 |
| Supervisor by the Department in
accordance with the Asbestos | 18 |
| Abatement Act and rules promulgated under it.
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| (3) No person may act as a project designer providing | 20 |
| response action
services unless the person is licensed as a | 21 |
| Project Designer by the Department
in accordance with the | 22 |
| Asbestos Abatement Act and rules promulgated under it.
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| (4) No person may act as an asbestos worker providing | 24 |
| response action
services unless the person is licensed as an | 25 |
| Asbestos Worker or a Supervisor by
the Department in accordance | 26 |
| with the Asbestos Abatement Act and rules
promulgated under it.
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| (5) No person may act as an asbestos inspector unless the | 28 |
| person is licensed
as an Asbestos Inspector by the Department | 29 |
| in accordance with the Asbestos
Abatement Act and rules | 30 |
| promulgated under it.
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| (6) No person may act as an air sampling professional
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| unless
the person is licensed as an air sampling professional | 33 |
| by the Department in accordance
with the
Asbestos Abatement Act | 34 |
| and rules promulgated under it.
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| (7) No person may act as a project manager
unless
the |
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LRB093 15084 AMC 40672 b |
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| person is licensed as a project manager by the Department in | 2 |
| accordance
with the
Asbestos Abatement Act and rules | 3 |
| promulgated under it.
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| (8) No person may act as a management planner
unless
the | 5 |
| person is licensed as a management planner by the Department in | 6 |
| accordance
with the
Asbestos Abatement Act and rules | 7 |
| promulgated under it.
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| (9) Beginning January 1, 2005, no person may act as an | 9 |
| asbestos consultant
unless
the person is licensed as a | 10 |
| consultant by the Department in accordance
with this Act and | 11 |
| rules promulgated under it.
An employee of a local education | 12 |
| agency who is that local education agency's
designated person | 13 |
| is exempt from the licensure requirement of this
subsection.
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| (10) Individuals and entities that wish to be licensed | 15 |
| shall make
application on forms prescribed and furnished by the | 16 |
| Department.
Licenses shall expire annually according to a | 17 |
| schedule determined by
the Department. Applications for | 18 |
| renewal of licenses shall be filed
with the Department at least | 19 |
| 30 days before the expiration date.
When a licensure | 20 |
| examination is required, the license application
shall be | 21 |
| submitted to the Department at least 30 days
prior to the date | 22 |
| of the scheduled examination. The Department
shall evaluate | 23 |
| each application based on its minimum standards for
licensure, | 24 |
| promulgated as rules, and render a decision. Such
standards may | 25 |
| include a requirement for the successful completion
of a course | 26 |
| of training approved by the Department. If the
Department | 27 |
| denies the application, the applicant may appeal the
decision | 28 |
| under the provisions of the Administrative Review
Law.
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| (Source: P.A. 89-143, eff. 7-14-95.)
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| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law. |
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