Full Text of SB1774 100th General Assembly
SB1774eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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.
| 17 | | (3) Lead poisoning causes irreversible damage to the | 18 | | development of a child's nervous system. Even at low and | 19 | | moderate levels, lead poisoning causes learning | 20 | | disabilities, problems with speech, shortened attention | 21 | | span, hyperactivity, and behavioral problems. Recent | 22 | | research links low levels of lead exposure to lower IQ | 23 | | scores and to juvenile delinquency. |
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| 1 | | (4) While the use of lead-based paint in residential | 2 | | properties was banned in 1978, the State of Illinois ranks | 3 | | seventh nationally in the number of housing units built | 4 | | before 1978 and at highest risk for lead hazards. | 5 | | (5) (4) Older housing is the number one risk factor for | 6 | | childhood lead poisoning. Properties built before 1960 | 7 | | 1950 are statistically much more likely to contain | 8 | | lead-based paint hazards than buildings constructed more | 9 | | recently.
| 10 | | (5) The State of Illinois ranks 10th out of the 50 | 11 | | states in the age of its housing stock. More than 50% of | 12 | | the housing units in Chicago and in Rock Island, Peoria, | 13 | | Macon, Madison, and Kankakee counties were built before | 14 | | 1960. More than 43% of the housing units in St. Clair, | 15 | | Winnebago, Sangamon, Kane, and Cook counties were built | 16 | | before 1950.
| 17 | | (6) There are nearly 1.43 1.4 million households with | 18 | | significant lead-based paint hazards in Illinois. | 19 | | (7) Less than 25% of Illinois children age 6 years and | 20 | | under have been tested for lead poisoning. Children at the | 21 | | highest risk for lead poisoning live in low-income | 22 | | communities and in older housing located throughout the | 23 | | State of Illinois. | 24 | | (8) (7) Most children are lead poisoned in their own | 25 | | homes through exposure to lead dust from deteriorated lead | 26 | | paint surfaces, like windows, and when lead paint |
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| 1 | | deteriorates or is disturbed through home renovation and | 2 | | repainting.
| 3 | | (8) Less than 25% of children in Illinois age 6 and | 4 | | under have been tested for lead poisoning. While children | 5 | | are lead poisoned throughout Illinois, counties above the | 6 | | statewide average include: Alexander, Cass, Cook, Fulton, | 7 | | Greene, Kane, Kankakee, Knox, LaSalle, Macon, Mercer, | 8 | | Peoria, Perry, Rock Island, Sangamon, St. Clair, | 9 | | Stephenson, Vermilion, Will, and Winnebago. | 10 | | (9) The control of lead hazards significantly reduces | 11 | | lead-poisoning rates. Other communities, including New | 12 | | York City and Milwaukee, have successfully reduced | 13 | | lead-poisoning rates by removing lead-based paint hazards | 14 | | on windows. | 15 | | (9) (10) Windows are considered a higher lead exposure | 16 | | risk more often than other components in a housing unit. | 17 | | Windows are a major contributor of lead dust in the home, | 18 | | due to both weathering conditions and friction effects on | 19 | | paint.
| 20 | | (10) The Comprehensive Lead Elimination, Reduction and | 21 | | Window Replacement (CLEAR-Win) Program was a pilot program | 22 | | in Illinois aimed at reducing potential lead hazards by | 23 | | replacing windows in low-income, pre-1978 homes. It also | 24 | | provided for on-the-job training for community members in | 25 | | the 2 pilot communities of Englewood/West Englewood | 26 | | (Chicago) and Peoria County. |
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| 1 | | (11) The CLEAR-Win Program provided for installation | 2 | | of 8,000 windows in 466 housing units between 2010 and | 3 | | 2014. | 4 | | (12) Evaluations of the CLEAR-Win Program demonstrated | 5 | | the effectiveness of the program in lowering the lead | 6 | | burden in the homes where window replacement was conducted | 7 | | and that there were energy and environmental benefits, | 8 | | health benefits, and market benefits, as well as job | 9 | | creation. Return on investment was almost $2 for every | 10 | | dollar spent. | 11 | | (13) (11) There is an insufficient pool of licensed | 12 | | lead abatement workers and contractors to address the | 13 | | problem in some areas of the State. | 14 | | (14) (12) Through grants from the U.S. Department of | 15 | | Housing and Urban Development and the pilot CLEAR-Win | 16 | | Program , some communities in Illinois have begun to reduce | 17 | | lead poisoning of children. While this is an ongoing | 18 | | effort, it only addresses a small number of the low-income | 19 | | children statewide in communities with high levels of lead | 20 | | paint in the housing stock. | 21 | | (b) It is the intent of the General Assembly to: | 22 | | (1) address the problem of lead poisoning of children | 23 | | by eliminating lead hazards in homes; | 24 | | (2) provide training within communities to encourage | 25 | | the use of lead paint safe work practices; | 26 | | (3) create job opportunities for community members in |
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| 1 | | the lead abatement industry; | 2 | | (4) support the efforts of small business and property | 3 | | owners committed to maintaining lead-safe housing; and | 4 | | (5) assist in the maintenance of affordable lead-safe | 5 | | housing stock. | 6 | | (c) The General Assembly hereby establishes the second | 7 | | phase of the Comprehensive Lead Education, Reduction, and | 8 | | Window Replacement Program to assist residential property | 9 | | owners through loan and grant programs to reduce lead paint | 10 | | hazards through window replacement in those pilot area | 11 | | communities identified as a priority by the Department because | 12 | | of the high risk for childhood lead poisoning . Where there is a | 13 | | lack of workers trained to remove lead-based paint hazards, | 14 | | job-training programs must be initiated. The General Assembly | 15 | | also recognizes that training, insurance, and licensing costs | 16 | | are prohibitively high and hereby establishes incentives for | 17 | | contractors to do lead abatement work. The CLEAR-Win Program | 18 | | shall give purchasing priority to replacement windows | 19 | | manufactured within the State of Illinois.
| 20 | | (Source: P.A. 95-492, eff. 1-1-08.) | 21 | | (410 ILCS 43/10)
| 22 | | Sec. 10. Definitions. In this Act: | 23 | | "Advisory Council" refers to the Lead Safe Housing Advisory | 24 | | Council established under Public Act 93-0789. | 25 | | "CLEAR-Win Program" "CLEAR-WIN Program" refers to the |
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| 1 | | Comprehensive Lead Education, Reduction, and Window | 2 | | Replacement Program created pursuant to this Act to assist | 3 | | property owners of single family homes and multi-unit | 4 | | residential properties in priority pilot area communities, | 5 | | through loan and grant programs that reduce lead paint hazards | 6 | | primarily through window replacement and, where necessary, | 7 | | through other lead-based paint hazard control techniques.
| 8 | | "Director" means the Director of Public Health. | 9 | | "Lead Safe Housing Maintenance Standards" refers to the | 10 | | standards developed by the Lead Safe Housing Advisory Council. | 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 U.S. Department of Housing and Urban Development. | 14 | | "Priority communities" "Pilot area communities" means the | 15 | | counties or cities selected by the Department, with the advice | 16 | | of the Advisory Council, where properties whose owners are | 17 | | eligible for the assistance provided by this Act are located.
| 18 | | "Window" means the inside, outside, and sides of sashes and | 19 | | mullions and the frames to the outside edge of the frame, | 20 | | including sides, sash guides, and window wells and sills.
| 21 | | (Source: P.A. 95-492, eff. 1-1-08.) | 22 | | (410 ILCS 43/15)
| 23 | | Sec. 15. Grant and loan program. | 24 | | (a) Subject to appropriation, the Department, in | 25 | | consultation with the Advisory Council, shall establish and |
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| 1 | | operate the CLEAR-Win CLEAR-WIN Program in priority | 2 | | communities in two pilot area communities selected by the | 3 | | Department with advice from the Advisory Council. Priority | 4 | | Pilot area communities shall be selected based upon the | 5 | | prevalence of low-income families whose children are lead | 6 | | poisoned, the age of the housing stock, and other sources of | 7 | | funding available to the communities to address lead-based | 8 | | paint hazards. | 9 | | (b) The Department shall be responsible for administering | 10 | | the CLEAR-Win CLEAR-WIN grant program. The grant shall be used | 11 | | to correct lead-based paint hazards in residential buildings. | 12 | | Conditions for receiving a grant shall be developed by the | 13 | | Department based on criteria established by the Advisory | 14 | | Council. Criteria, including but not limited to the following | 15 | | program components, shall include (i) income eligibility for | 16 | | receipt of the grants, with priority given to low-income | 17 | | tenants or owners who rent to low-income tenants; (ii) | 18 | | properties to be covered under CLEAR-Win CLEAR-WIN ; and (iii) | 19 | | the number of units to be covered in a property. Prior to | 20 | | making a grant, the Department must provide the grant recipient | 21 | | with a copy of the Lead Safe Housing Maintenance Standards | 22 | | generated by the Advisory Council. The property owner must | 23 | | certify that he or she has received the Standards and intends | 24 | | to comply with them; has provided a copy of the Standards to | 25 | | all tenants in the building; will continue to rent to the same | 26 | | tenant or other low-income tenant for a period of not less than |
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| 1 | | 5 years following completion of the work; and will continue to | 2 | | maintain the property as lead-safe. Failure to comply with the | 3 | | grant conditions may result in repayment of grant funds. | 4 | | (c) The Advisory Council shall also consider development of | 5 | | a loan program to assist property owners not eligible for | 6 | | grants. | 7 | | (d) All lead-based paint hazard control work performed with | 8 | | these grant or loan funds shall be conducted in conformance | 9 | | with the Lead Poisoning Prevention Act and the Illinois Lead | 10 | | Poisoning Prevention Code. Before contractors are paid for | 11 | | repair work conducted under the CLEAR-Win CLEAR-WIN Program, | 12 | | each dwelling unit assisted must be inspected by a lead risk | 13 | | assessor or lead inspector licensed in Illinois, and an | 14 | | appropriate number of dust samples must be collected from in | 15 | | and around the work areas for lead analysis, with results in | 16 | | compliance with levels set by the Lead Poisoning Prevention Act | 17 | | and the Illinois Lead Poisoning Prevention Code. All costs of | 18 | | evaluation shall be the responsibility of the property owner | 19 | | who received the grant or loan, but will be provided for by the | 20 | | Department for grant recipients and may be included in the | 21 | | amount of the loan. Additional repairs and clean-up costs | 22 | | associated with a failed clearance test, including follow-up | 23 | | tests, shall be the responsibility of the contractor. | 24 | | (e) Within 6 months after the effective date of this Act, | 25 | | the Advisory Council shall recommend to the Department Lead | 26 | | Safe Housing Maintenance Standards for purposes of the |
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| 1 | | CLEAR-WIN Program. Except for properties where all lead-based | 2 | | paint has been removed, the standards shall describe the | 3 | | responsibilities of property owners and tenants in maintaining | 4 | | lead-safe housing, including but not limited to, prescribing | 5 | | special cleaning, repair, and maintenance necessary to reduce | 6 | | the chance that properties will cause lead poisoning in child | 7 | | occupants. Recipients of CLEAR-Win CLEAR-WIN grants and loans | 8 | | shall be required to continue to maintain their properties in | 9 | | compliance with these Lead Safe Housing Maintenance Standards. | 10 | | Failure to maintain properties in accordance with these | 11 | | Standards may result in repayment of grant funds or termination | 12 | | of the loan.
| 13 | | (f) From funds appropriated, the Department may pay grants | 14 | | and reasonable administrative costs. | 15 | | (Source: P.A. 95-492, eff. 1-1-08; 96-959, eff. 7-1-10.) | 16 | | (410 ILCS 43/20)
| 17 | | Sec. 20. Lead abatement training. The Advisory Council | 18 | | shall determine whether a sufficient number of lead abatement | 19 | | training programs exist to serve the pilot sites. If it is | 20 | | determined additional programs are needed, the Advisory | 21 | | Council shall work with the Department to establish the | 22 | | additional training programs for purposes of the CLEAR-Win | 23 | | CLEAR-WIN Program.
| 24 | | (Source: P.A. 95-492, eff. 1-1-08.) |
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| 1 | | (410 ILCS 43/25)
| 2 | | Sec. 25. Insurance assistance. The Department shall make | 3 | | available, for the portion of a policy related to lead | 4 | | activities,
100% insurance subsidies to licensed lead | 5 | | abatement contractors who primarily target
their work to the | 6 | | priority pilot area communities and employ a significant number | 7 | | of licensed lead abatement workers from the priority pilot area | 8 | | communities. Receipt of the subsidies shall be reviewed | 9 | | annually by the Department. The Department shall adopt rules | 10 | | for implementation of these insurance subsidies within 6 months | 11 | | after the effective date of this Act.
| 12 | | (Source: P.A. 95-492, eff. 1-1-08.) | 13 | | (410 ILCS 43/30)
| 14 | | Sec. 30. Advisory Council. The Advisory Council shall | 15 | | submit an annual written report to the Governor and General | 16 | | Assembly on the operation and effectiveness of the CLEAR-Win | 17 | | CLEAR-WIN Program. The report must describe evaluate the | 18 | | program's effectiveness on reducing the prevalence of lead | 19 | | poisoning in children in the priority pilot area communities | 20 | | and in training and employing persons in the priority pilot | 21 | | area communities. The report also must describe the numbers of | 22 | | units in which lead-based paint was abated; specify the type of | 23 | | work completed and the types of dwellings and demographics of | 24 | | persons assisted; summarize the cost of lead-based paint hazard | 25 | | control and CLEAR-Win CLEAR-WIN Program administration; rent |
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| 1 | | increases or decreases in the priority pilot area communities; | 2 | | rental property ownership changes; and any other CLEAR-Win | 3 | | CLEAR-WIN actions taken by the Department or the Advisory | 4 | | Council and recommend any necessary legislation or rule-making | 5 | | to improve the effectiveness of the CLEAR-Win CLEAR-WIN | 6 | | Program.
| 7 | | (Source: P.A. 95-492, eff. 1-1-08.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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