Bill Text: IL HB2984 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Comprehensive Lead Education, Reduction, and Window Replacement Program Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2018-08-22 - Public Act . . . . . . . . . 100-1029 [HB2984 Detail]
Download: Illinois-2017-HB2984-Engrossed.html
Bill Title: Amends the Comprehensive Lead Education, Reduction, and Window Replacement Program Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2018-08-22 - Public Act . . . . . . . . . 100-1029 [HB2984 Detail]
Download: Illinois-2017-HB2984-Engrossed.html
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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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:
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7 | (410 ILCS 43/5)
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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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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.
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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.
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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 year 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.
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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.
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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.
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20 | (Source: P.A. 95-492, eff. 1-1-08.)
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21 | (410 ILCS 43/10)
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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.
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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.
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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.
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21 | (Source: P.A. 95-492, eff. 1-1-08.)
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22 | (410 ILCS 43/15)
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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.
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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.)
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16 | (410 ILCS 43/20)
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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.
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24 | (Source: P.A. 95-492, eff. 1-1-08.)
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1 | (410 ILCS 43/25)
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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.
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12 | (Source: P.A. 95-492, eff. 1-1-08.)
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13 | (410 ILCS 43/30)
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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.
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7 | (Source: P.A. 95-492, eff. 1-1-08.)
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
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