Bill Text: IL SB2890 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB2890 Detail]

Download: Illinois-2017-SB2890-Introduced.html

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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.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB2890 LRB100 16855 MJP 31996 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Lead Poisoning Prevention Act is amended by
changing Section 9 as follows:
(410 ILCS 45/9) (from Ch. 111 1/2, par. 1309)
Sec. 9. Procedures upon determination of lead hazard.
(1) If the inspection report identifies a lead hazard, the
Department or delegate agency shall serve a mitigation notice
on the property owner that the owner is required to mitigate
the lead hazard, and shall indicate the time period specified
in this Section in which the owner must complete the
mitigation. The notice shall include information describing
mitigation activities which meet the requirements of this Act.
(2) If the inspection report identifies a lead hazard, the
owner shall mitigate the lead hazard in a manner prescribed by
the Department and within the time limit prescribed by this
Section. The Department shall adopt rules regarding acceptable
methods of mitigating a lead hazard. If the source of the lead
hazard identified in the inspection report is lead paint or any
other lead-bearing surface coating, the lead hazard shall be
deemed to have been mitigated if:
(A) the surface identified as the source of the lead

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hazard is no longer in a condition that produces a
hazardous level of lead chips, flakes, dust or any other
form of lead-bearing substance, that can be ingested or
inhaled by humans;
(B) the surface identified as the source of the lead
hazard is no longer accessible to children and could not
reasonably be chewed on by children; or
(C) the surface coating identified as the source of the
lead hazard is either removed or covered, or child access
to the lead-bearing surface is otherwise prevented as
prescribed by the Department.
(3) Mitigation activities which involve the destruction or
disturbance of any lead-bearing surface shall be conducted by a
licensed lead abatement contractor using licensed lead
abatement supervisors or lead abatement workers. The
Department may prescribe by rule mitigation activities that may
be performed without a licensed lead abatement contractor, lead
abatement supervisor, or lead abatement worker. The Department
may, on a case by case basis, grant a waiver of the requirement
to use licensed lead abatement contractors, lead abatement
supervisors, and lead abatement workers, provided the waiver
does not endanger the health or safety of humans.
(4) The Department shall establish procedures whereby an
owner, after receiving a mitigation notice under this Section,
may submit a mitigation plan to the Department or delegate
agency for review and approval.

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(5) When a mitigation notice is issued for a dwelling unit
inspected as a result of an elevated blood lead level in a
pregnant person or a child, or if the dwelling unit is occupied
by a child 6 years of age or younger or a pregnant person, the
owner shall mitigate the hazard within 30 days of receiving the
notice; when no such child or pregnant person occupies the
dwelling unit, the owner shall complete the mitigation within
90 days.
(6) An owner may apply to the Department or its delegate
agency for an extension of the deadline for mitigation. If the
Department or its delegate agency determines that the owner is
making substantial progress toward mitigation, or that the
failure to meet the deadline is the result of a shortage of
licensed lead abatement contractors, lead abatement
supervisors, or lead abatement workers, or that the failure to
meet the deadline is because the owner is awaiting the review
and approval of a mitigation plan, the Department or delegate
agency may grant an extension of the deadline.
(7) The Department or its delegate agency may, after the
deadline set for completion of mitigation, conduct a follow-up
inspection of any dwelling unit for which a mitigation notice
was issued for the purpose of determining whether the
mitigation actions required have been completed and whether the
activities have sufficiently mitigated the lead hazard as
provided under this Section. The Department or its delegate
agency may conduct a follow-up inspection upon the request of

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an owner or resident. If, upon completing the follow-up
inspection, the Department or its delegate agency finds that
the lead hazard for which the mitigation notice was issued is
not mitigated, the Department or its delegate agency shall
serve the owner with notice of the deficiency and a mitigation
order. The order shall indicate the specific actions the owner
must take to comply with the mitigation requirements of this
Act, which may include lead abatement if lead abatement is the
sole means by which the lead hazard can be mitigated. The order
shall also include the date by which the mitigation shall be
completed. If, upon completing the follow-up inspection, the
Department or delegate agency finds that the mitigation
requirements of this Act have been satisfied, the Department or
delegate agency shall provide the owner with a certificate of
compliance stating that the required mitigation has been
accomplished.
(8) The Department shall publish on its website a list of
each residential property and commercial property subject to a
mitigation order requiring lead abatement under subsection
(7).
(Source: P.A. 98-690, eff. 1-1-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.