Full Text of HB5790 95th General Assembly
HB5790eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Lead Poisoning Prevention Act is amended by | 5 |
| changing Section 11.05 and by adding Section 9.5 as follows: | 6 |
| (410 ILCS 45/9.5 new) | 7 |
| Sec. 9.5. Illinois Lead-Hazardous Housing Registry. | 8 |
| (a) The Department shall create, maintain, and make | 9 |
| available to the public a Lead-Hazardous Housing Registry that | 10 |
| will provide information regarding properties within this | 11 |
| State that have been determined to contain a lead hazard | 12 |
| pursuant to Section 9 of this Act. | 13 |
| Properties shall be listed on the registry as follows: | 14 |
| (1) If the mitigation notice was issued for a dwelling | 15 |
| unit inspected as a result of an elevated blood lead level | 16 |
| in a pregnant woman or a child, the property shall be | 17 |
| listed on the registry 35 days after issuance of the | 18 |
| mitigation notice unless the Department or delegate agency | 19 |
| issues an extension of the deadline pursuant to subsection | 20 |
| (6) of Section 9 of this Act. | 21 |
| (2) In all other cases, the property shall be listed on | 22 |
| the registry 95 days after the issuance of the mitigation | 23 |
| notice unless the Department or delegate agency issues an |
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| extension of the deadline pursuant to subsection (6) of | 2 |
| Section 9 of this Act. | 3 |
| (3) All properties shall be listed on the registry 180 | 4 |
| days after issuance of the mitigation notice regardless of | 5 |
| any extensions granted by the Department or delegate | 6 |
| agencies. | 7 |
| (b) The following information shall be made available for | 8 |
| properties included on the registry: | 9 |
| (1) whether the property is a single family home or | 10 |
| multi-unit dwelling; | 11 |
| (2) street address, including unit or apartment | 12 |
| number, city and county; | 13 |
| (3) date the mitigation notice was issued; | 14 |
| (4) whether a mitigation or abatement plan has been | 15 |
| filed by the property owner pursuant to subsection (4) of | 16 |
| Section 9 of this Act; and | 17 |
| (5) whether the Department has issued a notice of | 18 |
| deficiency pursuant to subsection (7) of Section 9 of this | 19 |
| Act. | 20 |
| (c) Properties shall be removed from the Lead-Hazardous | 21 |
| Registry within 3 business days after the Department or | 22 |
| delegate agency issues a certificate of compliance. Delegate | 23 |
| agencies must inform the Department within 3 business days that | 24 |
| the certificate of compliance has been issued. | 25 |
| (d) The Department shall make the Lead-Hazardous Housing | 26 |
| Registry available on its Internet website within 90 days after |
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| the effective date of this amendatory Act of the 95th General | 2 |
| Assembly, accessible through a link on the Department's home | 3 |
| page or first entry point. The registry shall be capable of | 4 |
| being searched by city and county. | 5 |
| (e) The Department shall include the required information | 6 |
| for all properties for which a mitigation notice was issued | 7 |
| more than 180 days prior to the effective date of this | 8 |
| amendatory Act of the 95th General Assembly. | 9 |
| (f) Notwithstanding any other rulemaking authority that | 10 |
| may exist, neither the Governor nor any agency or agency head | 11 |
| under the jurisdiction of the Governor has any authority to | 12 |
| make or promulgate rules to implement or enforce the provisions | 13 |
| of this amendatory Act of the 95th General Assembly. If, | 14 |
| however, the Governor believes that rules are necessary to | 15 |
| implement or enforce the provisions of this amendatory Act of | 16 |
| the 95th General Assembly, the Governor may suggest rules to | 17 |
| the General Assembly by filing them with the Clerk of the House | 18 |
| and Secretary of the Senate and by requesting that the General | 19 |
| Assembly authorize such rulemaking by law, enact those | 20 |
| suggested rules into law, or take any other appropriate action | 21 |
| in the General Assembly's discretion. Nothing contained in this | 22 |
| amendatory Act of the 95th General Assembly shall be | 23 |
| interpreted to grant rulemaking authority under any other | 24 |
| Illinois statute where such authority is not otherwise | 25 |
| explicitly given. For the purposes of this amendatory Act of | 26 |
| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative | 2 |
| Procedure Act, and "agency" and "agency head" are given the | 3 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 4 |
| Administrative Procedure Act to the extent that such | 5 |
| definitions apply to agencies or agency heads under the | 6 |
| jurisdiction of the Governor.
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| (410 ILCS 45/11.05)
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| Sec. 11.05. Advisory Council.
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| (a) The General Assembly finds the following:
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| (1) Lead-based paint poisoning is a potentially | 11 |
| devastating
but preventable disease and is the number one
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| environmental threat to children's health in the United
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| States.
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| (2) The number of lead-poisoned children in Illinois is | 15 |
| among
the highest in the nation, especially in older, | 16 |
| affordable
properties.
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| (3) Lead poisoning causes irreversible damage to the
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| development of a child's nervous system. Even at low and
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| moderate levels, lead poisoning causes learning
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| disabilities, speech problems, shortened attention span,
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| hyperactivity, and behavioral problems. Recent research
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| links high levels of lead exposure to lower IQ scores and
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| to juvenile delinquency.
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| (4) Older housing is the number one risk factor for | 25 |
| childhood
lead poisoning. Properties built before 1950 are
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| statistically much more likely to contain lead-based paint
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| hazards than buildings constructed more recently.
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| (5) Illinois ranks 10th out of the 50 states in
the age | 4 |
| of its housing stock. More than 50% of the
housing units in | 5 |
| Chicago and in Rock Island, Peoria,
Macon, Madison, and | 6 |
| Kankakee counties were built before
1960 and more than 43% | 7 |
| of the housing units in St. Clair,
Winnebago, Sangamon, | 8 |
| Kane, and Cook counties were built
before 1950.
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| (6) There are nearly 1.4 million households with | 10 |
| lead-based
paint hazards in Illinois.
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| (7) Most children are lead-poisoned in their own homes
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| through exposure to lead dust from deteriorated lead-paint
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| surfaces, like windows, and when lead paint deteriorates or
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| is disturbed through home renovation and repainting.
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| (8) The control of lead hazards significantly reduces | 16 |
| lead poisoning
rates. Other communities, including New | 17 |
| York City
and Milwaukee, have successfully reduced lead | 18 |
| poisoning
rates by removing lead-based paint hazards on | 19 |
| windows.
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| (9) Windows are considered a higher lead exposure risk
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| more often than other components in a housing unit. Windows
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| are a major contributor of lead dust in the home, due to
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| both weathering conditions and friction effects on paint.
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| (10) There is an insufficient pool of licensed lead
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| abatement workers and contractors to address the problem in
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| some areas of the State.
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| (11) Training, insurance, and licensing costs for lead
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| removal workers are prohibitively high.
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| (12) Through grants from the United States Department | 4 |
| of Housing and
Urban Development, some communities in | 5 |
| Illinois have begun
to reduce lead poisoning of children. | 6 |
| While this is an
ongoing effort, it addresses only a small | 7 |
| number of the
low-income children statewide in communities | 8 |
| with high
levels of lead paint in the housing stock.
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| (b) For purposes of this Section:
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| "Advisory Council" means the Lead-Safe Housing Advisory
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| Council created under subsection (c).
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| "Lead-Safe Housing Maintenance Standards" or "Standards"
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| means standards developed by the Advisory Council pursuant
to | 14 |
| this Section.
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| "Low-income" means a household at or below 80% of the | 16 |
| median
income level for a given county as determined annually | 17 |
| by
the United States Department of Housing and Urban
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| Development.
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| "Primary prevention" means removing lead hazards before a | 20 |
| child is
poisoned
rather than relying on identification of a | 21 |
| lead poisoned child as the
triggering event.
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| (c) The Lead-Safe Housing Advisory
Council is created to | 23 |
| advise the Department on lead poisoning prevention
activities. | 24 |
| The Advisory Council shall be
chaired by the Director or his or | 25 |
| her designee and the chair of the Illinois
Lead Safe Housing | 26 |
| Task Force and provided with administrative support by the
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| Department. The Advisory Council shall be comprised of (i) the | 2 |
| directors, or
their designees, of the Illinois Housing | 3 |
| Development Authority and the
Environmental Protection Agency; | 4 |
| and (ii) the directors, or their designees,
of public health | 5 |
| departments of counties identified by the Department that
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| contain communities with a concentration of
high-risk, | 7 |
| lead-contaminated properties.
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| The Advisory Council shall also include the following | 9 |
| members appointed by
the Governor:
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| (1) One representative from the Illinois Association | 11 |
| of Realtors.
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| (2) One representative from the insurance industry.
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| (3) Two pediatricians or other physicians with
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| knowledge of lead-paint poisoning.
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| (4) Two representatives from the private-sector,
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| lead-based-paint-abatement
industry who are licensed in
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| Illinois as an abatement contractor,
worker, or risk | 18 |
| assessor.
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| (5) Two representatives from community based | 20 |
| organizations in
communities with a concentration of high | 21 |
| risk lead contaminated properties.
High-risk
communities | 22 |
| shall be identified based upon the prevalence of low-income
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| families whose
children are lead poisoned and the age of | 24 |
| the housing stock.
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| (6) At least 3 lead-safe housing advocates, including
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| (i) the parent of a lead-poisoned child, (ii) a
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| representative from a child advocacy organization,
and | 2 |
| (iii) a representative from a tenant housing
organization.
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| (7) One representative from the Illinois paint and | 4 |
| coatings industry. | 5 |
| Within 9 months after its
formation, the Advisory Council
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| shall submit a written report to the Governor and the General | 7 |
| Assembly on:
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| (1) developing a primary prevention program for | 9 |
| addressing lead
poisoning;
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| (2) developing a sufficient pool of lead abatement | 11 |
| workers and
contractors;
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| (3) targeting blood lead screening to children | 13 |
| residing in high-risk
buildings and neighborhoods;
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| (4) ensuring lead-safe work practices in all | 15 |
| remodeling, rehabilitation,
and weatherization work;
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| (5) funding mechanisms to assist residential property | 17 |
| owners in costs of
lead abatement and mitigation;
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| (6) providing insurance subsidies to licensed lead | 19 |
| abatement contractors
who target their work to high-risk | 20 |
| communities; and
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| (7) developing any necessary legislation or rulemaking | 22 |
| to improve the
effectiveness of State and local programs in | 23 |
| lead abatement and other
prevention and control | 24 |
| activities.
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| The Advisory Council shall develop handbooks and training | 26 |
| for property owners
and tenants
explaining the Standards and |
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| State and federal requirements for
lead-safe housing.
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| The Advisory Council shall develop a distribution plan for | 3 |
| the Lead-Hazardous Housing Registry created pursuant to | 4 |
| Section 9.5 of this Act. The Department shall implement the | 5 |
| distribution plan before January 1, 2009. Notwithstanding any | 6 |
| other rulemaking authority that may exist, neither the Governor | 7 |
| nor any agency or agency head under the jurisdiction of the | 8 |
| Governor has any authority to make or promulgate rules to | 9 |
| implement or enforce the provisions of this amendatory Act of | 10 |
| the 95th General Assembly. If, however, the Governor believes | 11 |
| that rules are necessary to implement or enforce the provisions | 12 |
| of this amendatory Act of the 95th General Assembly, the | 13 |
| Governor may suggest rules to the General Assembly by filing | 14 |
| them with the Clerk of the House and Secretary of the Senate | 15 |
| and by requesting that the General Assembly authorize such | 16 |
| rulemaking by law, enact those suggested rules into law, or | 17 |
| take any other appropriate action in the General Assembly's | 18 |
| discretion. Nothing contained in this amendatory Act of the | 19 |
| 95th General Assembly shall be interpreted to grant rulemaking | 20 |
| authority under any other Illinois statute where such authority | 21 |
| is not otherwise explicitly given. For the purposes of this | 22 |
| amendatory Act of the 95th General Assembly, "rules" is given | 23 |
| the meaning contained in Section 1-70 of the Illinois | 24 |
| Administrative Procedure Act, and "agency" and "agency head" | 25 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 26 |
| the Illinois Administrative Procedure Act to the extent that |
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| such definitions apply to agencies or agency heads under the | 2 |
| jurisdiction of the Governor. | 3 |
| The Advisory Council shall meet at least quarterly. Its | 4 |
| members shall
receive no compensation for
their services, but | 5 |
| their reasonable travel expenses actually incurred shall be
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| reimbursed by the Department.
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| (Source: P.A. 93-348, eff. 1-1-04; 93-789, eff. 7-22-04.)
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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