Full Text of SB2890 100th General Assembly
SB2890 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2890 Introduced 2/14/2018, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: |
|
410 ILCS 45/9 | from Ch. 111 1/2, par. 1309 |
|
Amends the Lead Poisoning Prevention Act. Requires the Department of Public Health to publish on its website a list of each residential property and commercial property subject to a mitigation order requiring lead abatement. Effective immediately.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | SB2890 | | LRB100 16855 MJP 31996 b |
|
| 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 Lead Poisoning Prevention Act is amended by | 5 | | changing Section 9 as follows:
| 6 | | (410 ILCS 45/9) (from Ch. 111 1/2, par. 1309)
| 7 | | Sec. 9. Procedures upon determination of lead hazard.
| 8 | | (1) If the inspection report identifies a lead hazard, the | 9 | | Department or
delegate agency shall serve a mitigation notice | 10 | | on the property owner that the
owner is required to mitigate | 11 | | the lead hazard, and shall indicate the time
period specified | 12 | | in this Section in which the owner must complete the
| 13 | | mitigation. The notice shall include information describing | 14 | | mitigation
activities which meet the requirements of this Act.
| 15 | | (2) If the inspection report identifies a lead hazard, the | 16 | | owner shall
mitigate the lead hazard in a manner prescribed by | 17 | | the Department and within
the time limit prescribed by this | 18 | | Section. The Department shall adopt rules
regarding acceptable | 19 | | methods of mitigating a lead hazard. If the source of the
lead | 20 | | hazard identified in the inspection report is lead paint or any | 21 | | other lead-bearing
surface coating, the lead hazard shall be | 22 | | deemed to have been mitigated
if:
| 23 | | (A) the surface identified as the source of the lead |
| | | SB2890 | - 2 - | LRB100 16855 MJP 31996 b |
|
| 1 | | hazard is no longer in
a condition that produces a | 2 | | hazardous level of lead chips, flakes, dust
or any other | 3 | | form of lead-bearing substance, that can be ingested or | 4 | | inhaled by
humans;
| 5 | | (B) the surface identified as the source of the lead | 6 | | hazard is no longer accessible
to children and could not | 7 | | reasonably be chewed on by children; or | 8 | | (C) the surface coating identified as the source of the | 9 | | lead hazard is either removed
or covered, or child access | 10 | | to the lead-bearing surface is otherwise prevented as
| 11 | | prescribed by the Department.
| 12 | | (3) Mitigation activities which involve the destruction or | 13 | | disturbance of
any lead-bearing surface shall be conducted by a | 14 | | licensed lead abatement contractor
using licensed lead | 15 | | abatement supervisors or lead abatement workers. The | 16 | | Department may prescribe by rule
mitigation activities that may | 17 | | be performed without a licensed lead abatement contractor, lead | 18 | | abatement supervisor, or lead abatement
worker. The Department | 19 | | may, on a case by case basis, grant a waiver of the
requirement | 20 | | to use licensed lead abatement contractors, lead abatement | 21 | | supervisors, and lead abatement workers, provided
the waiver | 22 | | does not endanger the health or safety of humans.
| 23 | | (4) The Department shall establish procedures whereby an | 24 | | owner,
after receiving a mitigation notice under this Section, | 25 | | may submit a
mitigation plan to the Department or delegate | 26 | | agency for review and approval.
|
| | | SB2890 | - 3 - | LRB100 16855 MJP 31996 b |
|
| 1 | | (5) When a mitigation notice is issued for a dwelling unit | 2 | | inspected as a
result of an elevated blood lead level in a | 3 | | pregnant person or a child, or if
the dwelling unit is occupied | 4 | | by a child 6 years of age or younger or a pregnant person, the | 5 | | owner shall mitigate the hazard within 30 days of receiving the
| 6 | | notice; when no such child or pregnant person occupies the | 7 | | dwelling unit, the owner shall complete the mitigation within | 8 | | 90 days.
| 9 | | (6) An owner may apply to the Department or its delegate | 10 | | agency
for an extension of the deadline for mitigation. If the | 11 | | Department or its
delegate agency determines that the owner is | 12 | | making substantial progress
toward mitigation, or that the | 13 | | failure to meet the deadline is the result
of a shortage of | 14 | | licensed lead abatement contractors, lead abatement | 15 | | supervisors, or lead abatement workers, or that the
failure to | 16 | | meet the deadline is because the owner is awaiting the review
| 17 | | and approval of a mitigation plan, the Department or delegate | 18 | | agency may
grant an extension of the deadline.
| 19 | | (7) The Department or its delegate agency may, after the | 20 | | deadline set for
completion of mitigation, conduct a follow-up | 21 | | inspection of any dwelling unit for
which a mitigation notice | 22 | | was issued for the purpose of determining whether the
| 23 | | mitigation actions required have been completed and whether the | 24 | | activities have
sufficiently mitigated the lead hazard as | 25 | | provided under this Section. The
Department or its delegate | 26 | | agency may conduct a follow-up inspection upon the
request of |
| | | SB2890 | - 4 - | LRB100 16855 MJP 31996 b |
|
| 1 | | an owner or resident. If, upon completing the follow-up | 2 | | inspection,
the Department or its delegate agency finds that | 3 | | the lead hazard for which the
mitigation notice was issued is | 4 | | not mitigated, the Department or its delegate
agency shall | 5 | | serve the owner with notice of the deficiency and a mitigation
| 6 | | order. The order shall indicate the specific actions the owner | 7 | | must
take to comply with the mitigation requirements of this | 8 | | Act, which may
include lead abatement if lead abatement is the | 9 | | sole means by which the lead hazard
can be mitigated. The order | 10 | | shall also include the date by which the
mitigation shall be | 11 | | completed. If, upon completing the follow-up
inspection, the | 12 | | Department or delegate agency finds that the mitigation
| 13 | | requirements of this Act have been satisfied, the Department or | 14 | | delegate
agency shall provide the owner with a certificate of | 15 | | compliance stating
that the required mitigation has been | 16 | | accomplished.
| 17 | | (8) The Department shall publish on its website a list of | 18 | | each residential property and commercial property subject to a | 19 | | mitigation order requiring lead abatement under subsection | 20 | | (7). | 21 | | (Source: P.A. 98-690, eff. 1-1-15 .)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
|
|