Full Text of HB2984 100th General Assembly
HB2984ham001 100TH GENERAL ASSEMBLY | Rep. Marcus C. Evans, Jr. Filed: 3/9/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2984
| 2 | | AMENDMENT NO. ______. Amend House Bill 2984 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Comprehensive Lead Education, Reduction, | 5 | | and Window Replacement Program Act is amended by changing | 6 | | Sections 5, 10, 15, 20, 25, and 30 as follows: | 7 | | (410 ILCS 43/5)
| 8 | | Sec. 5. Findings; intent; establishment of program. | 9 | | (a) The General Assembly finds all of the following: | 10 | | (1) Lead-based paint poisoning is a potentially | 11 | | devastating, but preventable disease. It is one of the top | 12 | | environmental threats to children's health in the United | 13 | | States. | 14 | | (2) The number of lead-poisoned children in Illinois is | 15 | | among the highest in the nation, especially in older, more | 16 | | affordable properties.
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| 1 | | (3) Lead poisoning causes irreversible damage to the | 2 | | development of a child's nervous system. Even at low and | 3 | | moderate levels, lead poisoning causes learning | 4 | | disabilities, problems with speech, shortened attention | 5 | | span, hyperactivity, and behavioral problems. Recent | 6 | | research links low levels of lead exposure to lower IQ | 7 | | scores and to juvenile delinquency. | 8 | | (4) While the use of lead-based paint in residential | 9 | | properties was banned in 1978, the State of Illinois ranks | 10 | | seventh nationally in the number of housing units built | 11 | | before 1978 and at highest risk for lead hazards. | 12 | | (5) (4) Older housing is the number one risk factor for | 13 | | childhood lead poisoning. Properties built before 1960 | 14 | | 1950 are statistically much more likely to contain | 15 | | lead-based paint hazards than buildings constructed more | 16 | | recently.
| 17 | | (5) The State of Illinois ranks 10th out of the 50 | 18 | | states in the age of its housing stock. More than 50% of | 19 | | the housing units in Chicago and in Rock Island, Peoria, | 20 | | Macon, Madison, and Kankakee counties were built before | 21 | | 1960. More than 43% of the housing units in St. Clair, | 22 | | Winnebago, Sangamon, Kane, and Cook counties were built | 23 | | before 1950.
| 24 | | (6) There are nearly 1.43 1.4 million households with | 25 | | significant lead-based paint hazards in Illinois. | 26 | | (7) Less than 25% of Illinois children age 6 year and |
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| 1 | | under have been tested for lead poisoning. Based on the | 2 | | children tested and age of housing stock, the counties at | 3 | | highest risk for childhood lead poisoning are Knox, Stark, | 4 | | Mason, Stephenson, Bureau, Logan, Mercer, Hancock, Ford, | 5 | | Rock Island, Fulton, Henry, Macon, McDonough, Lawrence, | 6 | | Peoria, Adams, Schuyler, Alexander, Whiteside, Pike, and | 7 | | Shelby; municipalities at the highest risk for childhood | 8 | | lead poisoning are Oak Park, Chicago, and Stickney. | 9 | | (8) (7) Most children are lead poisoned in their own | 10 | | homes through exposure to lead dust from deteriorated lead | 11 | | paint surfaces, like windows, and when lead paint | 12 | | deteriorates or is disturbed through home renovation and | 13 | | repainting.
| 14 | | (8) Less than 25% of children in Illinois age 6 and | 15 | | under have been tested for lead poisoning. While children | 16 | | are lead poisoned throughout Illinois, counties above the | 17 | | statewide average include: Alexander, Cass, Cook, Fulton, | 18 | | Greene, Kane, Kankakee, Knox, LaSalle, Macon, Mercer, | 19 | | Peoria, Perry, Rock Island, Sangamon, St. Clair, | 20 | | Stephenson, Vermilion, Will, and Winnebago. | 21 | | (9) The control of lead hazards significantly reduces | 22 | | lead-poisoning rates. Other communities, including New | 23 | | York City and Milwaukee, have successfully reduced | 24 | | lead-poisoning rates by removing lead-based paint hazards | 25 | | on windows. | 26 | | (9) (10) Windows are considered a higher lead exposure |
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| 1 | | risk more often than other components in a housing unit. | 2 | | Windows are a major contributor of lead dust in the home, | 3 | | due to both weathering conditions and friction effects on | 4 | | paint.
| 5 | | (10) The Comprehensive Lead Elimination, Reduction and | 6 | | Window Replacement (CLEAR-Win) Program was a pilot program | 7 | | in Illinois aimed at reducing potential lead hazards by | 8 | | replacing windows in low-income, pre-1978 homes. It also | 9 | | provided for on-the-job training for community members in | 10 | | the 2 pilot communities of Englewood/West Englewood | 11 | | (Chicago) and Peoria County. | 12 | | (11) The CLEAR-Win Program provided for installation | 13 | | of 8,000 windows in 466 housing units between 2010 and | 14 | | 2014. | 15 | | (12) Two evaluations of the CLEAR-Win Program | 16 | | demonstrated the effectiveness of the program in lowering | 17 | | the lead burden in the homes where window replacement was | 18 | | conducted and that there were energy and environmental | 19 | | benefits, health benefits, and market benefits, as well as | 20 | | job creation. Return on investment was almost $2 for every | 21 | | dollar spent. | 22 | | (13) (11) There is an insufficient pool of licensed | 23 | | lead abatement workers and contractors to address the | 24 | | problem in some areas of the State. | 25 | | (14) (12) Through grants from the U.S. Department of | 26 | | Housing and Urban Development and the pilot CLEAR-Win |
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| 1 | | Program , some communities in Illinois have begun to reduce | 2 | | lead poisoning of children. While this is an ongoing | 3 | | effort, it only addresses a small number of the low-income | 4 | | children statewide in communities with high levels of lead | 5 | | paint in the housing stock. | 6 | | (b) It is the intent of the General Assembly to: | 7 | | (1) address the problem of lead poisoning of children | 8 | | by eliminating lead hazards in homes; | 9 | | (2) provide training within communities to encourage | 10 | | the use of lead paint safe work practices; | 11 | | (3) create job opportunities for community members in | 12 | | the lead abatement industry; | 13 | | (4) support the efforts of small business and property | 14 | | owners committed to maintaining lead-safe housing; and | 15 | | (5) assist in the maintenance of affordable lead-safe | 16 | | housing stock. | 17 | | (c) The General Assembly hereby establishes the second | 18 | | phase of the Comprehensive Lead Education, Reduction, and | 19 | | Window Replacement Program to assist residential property | 20 | | owners through loan and grant programs to reduce lead paint | 21 | | hazards through window replacement in those pilot area | 22 | | communities identified as a priority by the Department because | 23 | | of the high risk for childhood lead poisoning . Where there is a | 24 | | lack of workers trained to remove lead-based paint hazards, | 25 | | job-training programs must be initiated. The General Assembly | 26 | | also recognizes that training, insurance, and licensing costs |
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| 1 | | are prohibitively high and hereby establishes incentives for | 2 | | contractors to do lead abatement work.
| 3 | | (Source: P.A. 95-492, eff. 1-1-08.) | 4 | | (410 ILCS 43/10)
| 5 | | Sec. 10. Definitions. In this Act: | 6 | | "Advisory Council" refers to the Lead Safe Housing Advisory | 7 | | Council established under Public Act 93-0789. | 8 | | "CLEAR-Win Program" "CLEAR-WIN Program" refers to the | 9 | | Comprehensive Lead Education, Reduction, and Window | 10 | | Replacement Program created pursuant to this Act to assist | 11 | | property owners of single family homes and multi-unit | 12 | | residential properties in priority pilot area communities, | 13 | | through loan and grant programs that reduce lead paint hazards | 14 | | primarily through window replacement and, where necessary, | 15 | | through other lead-based paint hazard control techniques.
| 16 | | "Director" means the Director of Public Health. | 17 | | "Lead Safe Housing Maintenance Standards" refers to the | 18 | | standards developed by the Lead Safe Housing Advisory Council. | 19 | | "Low-income" means a household at or below 80% of the | 20 | | median income level for a given county as determined annually | 21 | | by the U.S. Department of Housing and Urban Development. | 22 | | "Priority communities" "Pilot area communities" means the | 23 | | counties or cities selected by the Department, with the advice | 24 | | of the Advisory Council, where properties whose owners are | 25 | | eligible for the assistance provided by this Act are located.
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| 1 | | "Window" means the inside, outside, and sides of sashes and | 2 | | mullions and the frames to the outside edge of the frame, | 3 | | including sides, sash guides, and window wells and sills.
| 4 | | (Source: P.A. 95-492, eff. 1-1-08.) | 5 | | (410 ILCS 43/15)
| 6 | | Sec. 15. Grant and loan program. | 7 | | (a) Subject to appropriation, the Department, in | 8 | | consultation with the Advisory Council, shall establish and | 9 | | operate the CLEAR-Win CLEAR-WIN Program in priority | 10 | | communities in two pilot area communities selected by the | 11 | | Department with advice from the Advisory Council. Priority | 12 | | Pilot area communities shall be selected based upon the | 13 | | prevalence of low-income families whose children are lead | 14 | | poisoned, the age of the housing stock, and other sources of | 15 | | funding available to the communities to address lead-based | 16 | | paint hazards. | 17 | | (b) The Department shall be responsible for administering | 18 | | the CLEAR-Win CLEAR-WIN grant program. The grant shall be used | 19 | | to correct lead-based paint hazards in residential buildings. | 20 | | Conditions for receiving a grant shall be developed by the | 21 | | Department based on criteria established by the Advisory | 22 | | Council. Criteria, including but not limited to the following | 23 | | program components, shall include (i) income eligibility for | 24 | | receipt of the grants, with priority given to low-income | 25 | | tenants or owners who rent to low-income tenants; (ii) |
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| 1 | | properties to be covered under CLEAR-Win CLEAR-WIN ; and (iii) | 2 | | the number of units to be covered in a property. Prior to | 3 | | making a grant, the Department must provide the grant recipient | 4 | | with a copy of the Lead Safe Housing Maintenance Standards | 5 | | generated by the Advisory Council. The property owner must | 6 | | certify that he or she has received the Standards and intends | 7 | | to comply with them; has provided a copy of the Standards to | 8 | | all tenants in the building; will continue to rent to the same | 9 | | tenant or other low-income tenant for a period of not less than | 10 | | 5 years following completion of the work; and will continue to | 11 | | maintain the property as lead-safe. Failure to comply with the | 12 | | grant conditions may result in repayment of grant funds. | 13 | | (c) The Advisory Council shall also consider development of | 14 | | a loan program to assist property owners not eligible for | 15 | | grants. | 16 | | (d) All lead-based paint hazard control work performed with | 17 | | these grant or loan funds shall be conducted in conformance | 18 | | with the Lead Poisoning Prevention Act and the Illinois Lead | 19 | | Poisoning Prevention Code. Before contractors are paid for | 20 | | repair work conducted under the CLEAR-Win CLEAR-WIN Program, | 21 | | each dwelling unit assisted must be inspected by a lead risk | 22 | | assessor or lead inspector licensed in Illinois, and an | 23 | | appropriate number of dust samples must be collected from in | 24 | | and around the work areas for lead analysis, with results in | 25 | | compliance with levels set by the Lead Poisoning Prevention Act | 26 | | and the Illinois Lead Poisoning Prevention Code. All costs of |
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| 1 | | evaluation shall be the responsibility of the property owner | 2 | | who received the grant or loan, but will be provided for by the | 3 | | Department for grant recipients and may be included in the | 4 | | amount of the loan. Additional repairs and clean-up costs | 5 | | associated with a failed clearance test, including follow-up | 6 | | tests, shall be the responsibility of the contractor. | 7 | | (e) Within 6 months after the effective date of this Act, | 8 | | the Advisory Council shall recommend to the Department Lead | 9 | | Safe Housing Maintenance Standards for purposes of the | 10 | | CLEAR-WIN Program. Except for properties where all lead-based | 11 | | paint has been removed, the standards shall describe the | 12 | | responsibilities of property owners and tenants in maintaining | 13 | | lead-safe housing, including but not limited to, prescribing | 14 | | special cleaning, repair, and maintenance necessary to reduce | 15 | | the chance that properties will cause lead poisoning in child | 16 | | occupants. Recipients of CLEAR-Win CLEAR-WIN grants and loans | 17 | | shall be required to continue to maintain their properties in | 18 | | compliance with these Lead Safe Housing Maintenance Standards. | 19 | | Failure to maintain properties in accordance with these | 20 | | Standards may result in repayment of grant funds or termination | 21 | | of the loan.
| 22 | | (f) From funds appropriated, the Department may pay grants | 23 | | and reasonable administrative costs. | 24 | | (Source: P.A. 95-492, eff. 1-1-08; 96-959, eff. 7-1-10.) | 25 | | (410 ILCS 43/20)
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| 1 | | Sec. 20. Lead abatement training. The Advisory Council | 2 | | shall determine whether a sufficient number of lead abatement | 3 | | training programs exist to serve the pilot sites. If it is | 4 | | determined additional programs are needed, the Advisory | 5 | | Council shall work with the Department to establish the | 6 | | additional training programs for purposes of the CLEAR-Win | 7 | | CLEAR-WIN Program.
| 8 | | (Source: P.A. 95-492, eff. 1-1-08.) | 9 | | (410 ILCS 43/25)
| 10 | | Sec. 25. Insurance assistance. The Department shall make | 11 | | available, for the portion of a policy related to lead | 12 | | activities,
100% insurance subsidies to licensed lead | 13 | | abatement contractors who primarily target
their work to the | 14 | | priority pilot area communities and employ a significant number | 15 | | of licensed lead abatement workers from the priority pilot area | 16 | | communities. Receipt of the subsidies shall be reviewed | 17 | | annually by the Department. The Department shall adopt rules | 18 | | for implementation of these insurance subsidies within 6 months | 19 | | after the effective date of this Act.
| 20 | | (Source: P.A. 95-492, eff. 1-1-08.) | 21 | | (410 ILCS 43/30)
| 22 | | Sec. 30. Advisory Council. The Advisory Council shall | 23 | | submit an annual written report to the Governor and General | 24 | | Assembly on the operation and effectiveness of the CLEAR-Win |
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| 1 | | CLEAR-WIN Program. The report must describe evaluate the | 2 | | program's effectiveness on reducing the prevalence of lead | 3 | | poisoning in children in the priority pilot area communities | 4 | | and in training and employing persons in the priority pilot | 5 | | area communities. The report also must describe the numbers of | 6 | | units in which lead-based paint was abated; specify the type of | 7 | | work completed and the types of dwellings and demographics of | 8 | | persons assisted; summarize the cost of lead-based paint hazard | 9 | | control and CLEAR-Win CLEAR-WIN Program administration; rent | 10 | | increases or decreases in the priority pilot area communities; | 11 | | rental property ownership changes; and any other CLEAR-Win | 12 | | CLEAR-WIN actions taken by the Department or the Advisory | 13 | | Council and recommend any necessary legislation or rule-making | 14 | | to improve the effectiveness of the CLEAR-Win CLEAR-WIN | 15 | | Program.
| 16 | | (Source: P.A. 95-492, eff. 1-1-08.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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