100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2838

 

Introduced , by Rep. Anna Moeller

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Lead Poisoning Prevention Act. Provides that the Department of Public Health shall establish the Office of Ombudsman for Lead Poisoning Prevention. Provides that the Office of Ombudsman for Lead Poisoning Prevention shall advocate on behalf of individuals on matters related to the adverse effects of lead; investigate claims or complaints brought against the Department; work to ensure transparency; and otherwise provide oversight on matters covered by the Act. Provides that the Department shall adopt any rules necessary to implement provisions concerning the Office of Ombudsman. Provides that if the State's Attorney brings an action against an individual for a violation of the Act and the individual is unable to afford adequate legal representation, then the Department shall ensure that the individual is provided with adequate legal representation for purposes of that action. Provides that as soon as is practicable after the Department receives notification that a regulated facility is occupied by a child of less than 3 years of age with an elevated blood lead level, the Department shall provide the parent or guardian of the child with a specified questionnaire form. Provides that the Department shall provide an inspection report to a property owner and to the occupants of a dwelling no later than 30 days after an inspection. Provides that the Department shall establish an appeals process for a property owner served with a mitigation notice. Provides that the Department must make a good faith effort to respond to a mitigation plan submitted by an owner within 8 business hours. Provides that the Department must maintain a specified paint list and follow certain requirements for forms. Makes other changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Lead Poisoning Prevention Act is amended by
5changing Sections 8, 9, and 10 and by adding Sections 6.02,
66.03, and 12.3 as follows:
 
7    (410 ILCS 45/6.02 new)
8    Sec. 6.02. Paint list. The Department must maintain a list
9of paints appropriate for application over surfaces containing
10lead. The list maintained under this Section must, at a
11minimum, be made available on the Department's website.
 
12    (410 ILCS 45/6.03 new)
13    Sec. 6.03. Forms. Any form developed by the Department
14under this Act for public dissemination shall be made available
15both on the Department's website and as a physical copy. Any
16form developed by the Department under this Act for public
17dissemination shall be made available in both a raw data and
18spreadsheet format. Any form developed by the Department under
19this Act for public dissemination shall be designed for
20individuals with a grade 5 reading level and shall be made
21available in both English and Spanish.
 

 

 

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1    (410 ILCS 45/8)  (from Ch. 111 1/2, par. 1308)
2    Sec. 8. Inspection of dwelling units occupied or previously
3occupied by a person with an elevated blood lead level. A
4representative of the Department, or delegate agency, shall,
5after notification that an occupant of a regulated facility is
6found to have an elevated blood lead level as set forth in
7Section 7, upon presentation of the appropriate credentials to
8the owner, occupant, or his representative, inspect the
9affected dwelling units, at reasonable times, for the purposes
10of ascertaining that all surfaces accessible to children are
11intact and in good repair, and for purposes of ascertaining the
12existence of lead-bearing substances. Such representative of
13the Department, or delegate agency, may remove samples or
14objects necessary for laboratory analysis, in the
15determination of the presence of lead-bearing substances in the
16regulated facilities. As soon as is practicable after the
17Department receives notification that a regulated facility is
18occupied by a child of less than 3 years of age with an
19elevated blood lead level, the Department shall provide the
20parent or guardian of the child with a resident questionnaire
21for investigation of children with elevated blood lead levels
22form that is developed by the United States Department of
23Housing and Urban Development; the Department shall consider
24the information, if any, provided by the parent or guardian on
25the questionnaire form when conducting an inspection of the
26regulated facility under this Section.

 

 

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1    If a regulated facility is occupied by a child of less than
23 years of age with an elevated blood lead level, the
3Department, in addition to all other requirements of this
4Section, must inspect the dwelling unit and common place area
5of the child with an elevated blood lead level.
6    Following the inspection, the Department or its delegate
7agency shall:
8        (1) Prepare an inspection report which shall:
9            (A) State the address of the dwelling unit.
10            (B) Describe the scope of the inspection, the
11        inspection procedures used, and the method of
12        ascertaining the existence of a lead-bearing substance
13        in the dwelling unit.
14            (C) State whether any lead-bearing substances were
15        found in the dwelling unit.
16            (D) Describe the nature, extent, and location of
17        any lead-bearing substance that is found.
18            (E) State either that a lead hazard does exist or
19        that a lead hazard does not exist. If a lead hazard
20        does exist, the report shall describe the source,
21        nature and location of the lead hazard. The existence
22        of intact lead paint does not alone constitute a lead
23        hazard for the purposes of this Section.
24            (F) Give the name of the person who conducted the
25        inspection and the person to contact for further
26        information regarding the inspection and the

 

 

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1        requirements of this Act.
2        (2) Mail or otherwise provide a copy of the inspection
3    report to the property owner and to the occupants of the
4    dwelling unit no later than 30 days after the inspection.
5    If a lead-bearing substance is found, at the time of
6    providing a copy of the inspection report, the Department
7    or its delegate agency shall attach an informational
8    brochure.
9(Source: P.A. 98-690, eff. 1-1-15.)
 
10    (410 ILCS 45/9)  (from Ch. 111 1/2, par. 1309)
11    Sec. 9. Procedures upon determination of lead hazard.
12    (1) If the inspection report identifies a lead hazard, the
13Department or delegate agency shall serve a mitigation notice
14on the property owner that the owner is required to mitigate
15the lead hazard, and shall indicate the time period specified
16in this Section in which the owner must complete the
17mitigation. The notice shall include information describing
18mitigation activities which meet the requirements of this Act.
19    (2) If the inspection report identifies a lead hazard, the
20owner shall mitigate the lead hazard in a manner prescribed by
21the Department and within the time limit prescribed by this
22Section. The Department shall adopt rules regarding acceptable
23methods of mitigating a lead hazard. If the source of the lead
24hazard identified in the inspection report is lead paint or any
25other lead-bearing surface coating, the lead hazard shall be

 

 

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1deemed to have been mitigated if:
2        (A) the surface identified as the source of the lead
3    hazard is no longer in a condition that produces a
4    hazardous level of lead chips, flakes, dust or any other
5    form of lead-bearing substance, that can be ingested or
6    inhaled by humans;
7        (B) the surface identified as the source of the lead
8    hazard is no longer accessible to children and could not
9    reasonably be chewed on by children; or
10        (C) the surface coating identified as the source of the
11    lead hazard is either removed or covered, or child access
12    to the lead-bearing surface is otherwise prevented as
13    prescribed by the Department.
14    (3) Mitigation activities which involve the destruction or
15disturbance of any lead-bearing surface shall be conducted by a
16licensed lead abatement contractor using licensed lead
17abatement supervisors or lead abatement workers. The
18Department may prescribe by rule mitigation activities that may
19be performed without a licensed lead abatement contractor, lead
20abatement supervisor, or lead abatement worker. The Department
21may, on a case by case basis, grant a waiver of the requirement
22to use licensed lead abatement contractors, lead abatement
23supervisors, and lead abatement workers, provided the waiver
24does not endanger the health or safety of humans.
25    (4) The Department shall establish procedures whereby an
26owner, after receiving a mitigation notice under this Section,

 

 

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1may submit a mitigation plan to the Department or delegate
2agency for review and approval. The Department must make a good
3faith effort to respond to a mitigation plan submitted by an
4owner within 8 business hours. The Department shall establish
5an appeals process for a property owner served with a
6mitigation notice under this Section.
7    (5) When a mitigation notice is issued for a dwelling unit
8inspected as a result of an elevated blood lead level in a
9pregnant person or a child, or if the dwelling unit is occupied
10by a child 6 years of age or younger or a pregnant person, the
11owner shall mitigate the hazard within 30 days of receiving the
12notice; when no such child or pregnant person occupies the
13dwelling unit, the owner shall complete the mitigation within
1490 days.
15    (6) An owner may apply to the Department or its delegate
16agency for an extension of the deadline for mitigation. If the
17Department or its delegate agency determines that the owner is
18making substantial progress toward mitigation, or that the
19failure to meet the deadline is the result of a shortage of
20licensed lead abatement contractors, lead abatement
21supervisors, or lead abatement workers, or that the failure to
22meet the deadline is because the owner is awaiting the review
23and approval of a mitigation plan, the Department or delegate
24agency may grant an extension of the deadline.
25    (7) The Department or its delegate agency may, after the
26deadline set for completion of mitigation, conduct a follow-up

 

 

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1inspection of any dwelling unit for which a mitigation notice
2was issued for the purpose of determining whether the
3mitigation actions required have been completed and whether the
4activities have sufficiently mitigated the lead hazard as
5provided under this Section. The Department or its delegate
6agency may conduct a follow-up inspection upon the request of
7an owner or resident. If, upon completing the follow-up
8inspection, the Department or its delegate agency finds that
9the lead hazard for which the mitigation notice was issued is
10not mitigated, the Department or its delegate agency shall
11serve the owner with notice of the deficiency and a mitigation
12order. The order shall indicate the specific actions the owner
13must take to comply with the mitigation requirements of this
14Act, which may include lead abatement if lead abatement is the
15sole means by which the lead hazard can be mitigated. The order
16shall also include the date by which the mitigation shall be
17completed. If, upon completing the follow-up inspection, the
18Department or delegate agency finds that the mitigation
19requirements of this Act have been satisfied, the Department or
20delegate agency shall provide the owner with a certificate of
21compliance stating that the required mitigation has been
22accomplished.
23(Source: P.A. 98-690, eff. 1-1-15.)
 
24    (410 ILCS 45/10)  (from Ch. 111 1/2, par. 1310)
25    Sec. 10. The Department, or representative of a unit of

 

 

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1local government or health department approved by the
2Department for this purpose, shall report any violation of this
3Act to the State's Attorney of the county in which the
4regulated facility is located. The State's Attorney has the
5authority to charge the owner with a Class A misdemeanor, and
6shall take additional measures to ensure that rent is withheld
7from the owner by the occupants of the dwelling units affected,
8until the mitigation requirements under Section 9 of this Act
9are complied with.
10    If the State's Attorney brings an action against an
11individual for a violation of this Act and the individual is
12unable to afford adequate legal representation, then the
13Department shall ensure that the individual is provided with
14adequate legal representation for purposes of that action.
15Notwithstanding any other provision of law, evidence of a lead
16test performed by an individual in an action brought by a
17State's Attorney for a violation of this Act shall be
18admissible in evidence in an action for a violation of this Act
19brought by the State's Attorney.
20    No tenant shall be evicted because rent is withheld under
21the provisions of this Act, or because of any action required
22of the owner of the regulated facility as a result of
23enforcement of this Act.
24(Source: P.A. 98-690, eff. 1-1-15; 99-78, eff. 7-20-15.)
 
25    (410 ILCS 45/12.3 new)

 

 

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1    Sec. 12.3. Office of Ombudsman for Lead Poisoning
2Prevention. The Department shall establish the Office of
3Ombudsman for Lead Poisoning Prevention. The Office of
4Ombudsman for Lead Poisoning Prevention shall advocate on
5behalf of individuals on matters related to the adverse effects
6of lead on the health, safety, welfare, or rights of such
7individuals; investigate claims or complaints brought against
8the Department that concern matters covered by this Act; work
9to ensure transparency of the Department's activities under
10this Act; and otherwise provide oversight on matters covered by
11this Act, including, but not limited to, oversight of the
12licensing procedures under this Act. The Department shall adopt
13any rules necessary to implement this Section, including, but
14not limited to, rules creating a complaint process for matters
15covered by this Act.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    410 ILCS 45/6.02 new
4    410 ILCS 45/6.03 new
5    410 ILCS 45/8from Ch. 111 1/2, par. 1308
6    410 ILCS 45/9from Ch. 111 1/2, par. 1309
7    410 ILCS 45/10from Ch. 111 1/2, par. 1310
8    410 ILCS 45/12.3 new