Bill Text: IL SB3176 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Municipal Code. Provides that a municipality contained within any part of an area where a noise analysis for a Type II federal or federal-aid highway project has occurred shall implement a residential sound insulation program to mitigate interstate highway noise. Includes requirements of the program, including replacement of all windows and doors installed under the program in homes where one or more windows or doors have been found to have caused offensive odors. Provides for the creation of an advisory board to determine which homes contain windows or doors that cause offensive odors and thus are eligible for replacement, to develop recommendations as to the order in which homes are to receive window replacement, to develop a process in which homeowners can demonstrate extreme hardship, and to compile a report. Provides that a municipality shall consider the recommendations of the advisory committee but shall retain final decision-making authority over replacement of windows. Contains other provisions relating to reports by the municipality, funding for claims under the program, and indoor air quality monitoring, laboratory analysis, or replacement requirements. Limits the concurrent exercise of home rule powers. Amends the State Finance Act to make a conforming change.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-06 - Referred to Assignments [SB3176 Detail]

Download: Illinois-2023-SB3176-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3176 Introduced 2/6/2024, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED:
30 ILCS 105/6z-20.1
65 ILCS 5/11-80-25 new
Amends the Illinois Municipal Code. Provides that a municipality contained within any part of an area where a noise analysis for a Type II federal or federal-aid highway project has occurred shall implement a residential sound insulation program to mitigate interstate highway noise. Includes requirements of the program, including replacement of all windows and doors installed under the program in homes where one or more windows or doors have been found to have caused offensive odors. Provides for the creation of an advisory board to determine which homes contain windows or doors that cause offensive odors and thus are eligible for replacement, to develop recommendations as to the order in which homes are to receive window replacement, to develop a process in which homeowners can demonstrate extreme hardship, and to compile a report. Provides that a municipality shall consider the recommendations of the advisory committee but shall retain final decision-making authority over replacement of windows. Contains other provisions relating to reports by the municipality, funding for claims under the program, and indoor air quality monitoring, laboratory analysis, or replacement requirements. Limits the concurrent exercise of home rule powers. Amends the State Finance Act to make a conforming change.
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A BILL FOR
SB3176 LRB103 37117 AWJ 67236 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by changing
Section 6z-20.1 as follows:
(30 ILCS 105/6z-20.1)
Sec. 6z-20.1. The State Aviation Program Fund and the
Sound-Reducing Windows and Doors Replacement Fund.
(a) The State Aviation Program Fund is created in the
State Treasury. Moneys in the Fund shall be used by the
Department of Transportation for the purposes of administering
a State Aviation Program. Subject to appropriation, the moneys
shall be used for the purpose of distributing grants to units
of local government to be used for airport-related purposes.
Grants to units of local government from the Fund shall be
distributed proportionately based on equal part enplanements,
total cargo, and airport operations. With regard to
enplanements that occur within a municipality with a
population of over 500,000, grants shall be distributed only
to the municipality.
(b) For grants to a unit of government other than a
municipality with a population of more than 500,000,
"airport-related purposes" means the capital or operating

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costs of: (1) an airport; (2) a local airport system; or (3)
any other local facility that is owned or operated by the
person or entity that owns or operates the airport that is
directly and substantially related to the air transportation
of passengers or property as provided in 49 U.S.C. 47133,
including (i) the replacement of sound-reducing windows and
doors installed under the Residential Sound Insulation Program
and (ii) in-home air quality monitoring testing in residences
in which windows or doors were installed under the Residential
Sound Insulation Program.
(c) For grants to a municipality with a population of more
than 500,000, "airport-related purposes" means the capital
costs of: (1) an airport; (2) a local airport system; or (3)
any other local facility that (i) is owned or operated by a
person or entity that owns or operates an airport and (ii) is
directly and substantially related to the air transportation
of passengers or property, as provided in 49 U.S.C. 47133. For
grants to a municipality with a population of more than
500,000, "airport-related purposes" also means costs,
including administrative costs, associated with the
replacement of sound-reducing windows and doors installed
under the Residential Sound Insulation Program.
(d) In each State fiscal year, $9,500,000 attributable to
a municipality with a population of more than 500,000, as
provided in subsection (a) of this Section, shall be
transferred to the Sound-Reducing Windows and Doors

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Replacement Fund, a special fund created in the State
Treasury. Subject to appropriation, the moneys in the Fund
deposited under this subsection shall be used solely for
costs, including administrative costs, associated with the
mechanical repairs and the replacement of sound-reducing
windows and doors installed under the Residential Sound
Insulation Program. Any amounts attributable to a municipality
with a population of more than 500,000 in excess of $7,500,000
deposited under this subsection in each State fiscal year
shall be distributed among the airports in that municipality
based on the same formula as prescribed in subsection (a) to be
used for airport-related purposes.
(e) Appropriations or grants may be deposited into the
Sound-Reducing Windows and Doors Replacement Fund for use by a
residential sound insulation program to mitigate interstate
highway noise under Section 11-80-25 of the Illinois Municipal
Code for the purposes allowed in Section 11-80-25.
Appropriations or grants deposited in the Sound-Reducing
Windows and Doors Replacement Fund for the purposes of
residential sound insulation programs to mitigate interstate
highway noise may only be used for those purposes.
(Source: P.A. 103-8, eff. 7-1-23.)
Section 10. The Illinois Municipal Code is amended by
adding Section 11-80-25 as follows:

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(65 ILCS 5/11-80-25 new)
Sec. 11-80-25. Residential sound insulation program;
interstate highways.
(a) A municipality contained within any part of an area
where a noise analysis for a Type II federal or federal-aid
highway project has occurred shall implement a residential
sound insulation program to mitigate interstate highway noise.
Using the funds appropriated for the program, the municipality
shall install windows and doors to mitigate interstate highway
noise and perform an indoor noise monitoring and analysis of
windows and doors installed pursuant to the program to
determine whether there are any adverse health impacts
associated with off-gassing from the windows and doors. The
monitoring and analysis shall be consistent with applicable
professional and industry standards. The municipality shall
make final reports resulting from the monitoring and analysis
available to the public on the municipality's website. The
municipality shall develop a science-based mitigation plan to
address significant health-related impacts, if any, associated
with the windows and doors installed under the program as
determined by the results of the monitoring and analysis.
Subject to appropriation, the municipality shall replace
windows and doors in at least 750 residences a year within the
area where a noise analysis for the Type II federal or
federal-aid highway project has occurred.
(b) In a municipality that has implemented a residential

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sound insulation program to mitigate interstate highway noise
under subsection (a), the municipality shall replace all
windows and doors installed under the program in homes where
one or more windows or doors have been found to have caused
offensive odors if requested by the homeowner, except as
provided in this subsection. The replacement shall be made
pursuant to a process established by the municipality, which
shall include, at a minimum, notification in a newspaper of
general circulation and a mailer sent to every address
identified as a recipient of windows and doors installed under
the program.
Residents who altered or modified a replacement window or
door or accepted a replacement screen for a window shall not be
disqualified from compensation or future services. Only those
homeowners who request that the municipality perform an odor
inspection as prescribed by the process established under this
subsection within 6 months of notification being published and
mailers being sent are eligible for odorous window and odorous
door replacement. Residents who are eligible to receive
replacement windows or doors shall be allowed to choose the
color and type of replacement window or door. For purposes of
aiding in the selection of the replacement windows and doors,
a showcase and display of available replacement window and
door types shall be established and located within the area
where the noise analysis for a Type II federal or federal-aid
highway project has occurred. Homes that have been identified

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by the municipality as having odorous windows or doors are not
required to make a request to the municipality. The
municipality shall also perform in-home air quality testing in
residences in which windows and doors are replaced under this
subsection. In order to receive in-home air quality testing, a
homeowner must request the testing from the municipality, and
the total number of homes tested in any given year may not
exceed 25% of the total number of homes in which windows and
doors were replaced under subsection (a) in the prior calendar
year.
(c) An advisory committee shall be formed and composed of
the following: (i) 2 members of the municipality who reside in
homes that have received windows or doors pursuant to the
program and have been identified by the municipality as having
odorous windows or doors, appointed by the Secretary of
Transportation; (ii) one employee of the Department of
Transportation's Office of Highways Project and
Implementation; (iii) 2 employees of the municipality that
implemented the program; and (iv) 2 members appointed by the
Speaker of the House of Representatives, 2 members appointed
by the President of the Senate, one member appointed by the
Minority Leader of the House of Representatives, and one
member appointed by the Minority Leader of the Senate. The
advisory committee shall recommend, by majority vote, which
homes contain windows or doors that cause offensive odors and
thus are eligible for replacement under subsection (b), shall

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create a list of the homes, and shall develop recommendations
as to the order in which homes are to receive window or door
replacement. The advisory committee recommendations shall
include reasonable and objective criteria for determining
which windows or doors are odorous, consideration of the date
of odor confirmation for prioritization, severity of odor, and
geography, and individual hardship.
The advisory committee shall develop a process in which
homeowners can demonstrate extreme hardship. As used in this
subsection, "extreme hardship" means liquid infiltration of
the window or door, health and medical condition of the
resident, and residents with sensitivities related to smell.
At least 10% of the homes receiving a replacement in a year
shall be homes that have demonstrated extreme hardship.
The advisory committee shall compile a report
demonstrating: (i) the number of homes in line to receive a
replacement; (ii) the number of homes that received
replacement windows or doors, or both; (iii) the number of
homes that received financial compensation instead of a
replacement; and (iv) the number of homes with confirmed
mechanical issues. Until December 31, 2025, the report shall
be compiled monthly, and, after December 31, 2025, the report
shall be complied quarterly.
The advisory committee shall accept all public questions
and furnish a written response within 10 business days. The
advisory committee shall comply with the requirements of the

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Open Meetings Act. The Cook County Department of
Transportation and Highways shall provide administrative
support to the advisory committee.
(d) The municipality shall consider the recommendations of
the advisory committee but shall retain final decision-making
authority over replacement of windows and doors installed
under the program and shall comply with all federal, State,
and local laws involving procurement. A municipality
administering claims pursuant to this Section shall provide to
every address identified as having submitted a valid claim
under this Section a quarterly report setting forth the
municipality's activities undertaken pursuant to this Section
for that quarter. However, the municipality shall replace
windows and doors pursuant to this Section only if and to the
extent grants are distributed to and received by the
municipality from the Sound-Reducing Windows and Doors
Replacement Fund for the costs associated with the replacement
of sound-reducing windows and doors installed under the
program pursuant to subsection (e) of Section 6z-20.1 of the
State Finance Act. The municipality shall revise its
specifications for procurement of windows and doors for the
program to address potential off-gassing from the windows or
doors in future phases of the program. A municipality subject
to the Section may not adopt an ordinance or resolution or
otherwise regulate with regard to indoor air quality
monitoring, laboratory analysis, or replacement requirements,

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