Rep. Marcus C. Evans, Jr.

Filed: 3/9/2017





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2    AMENDMENT NO. ______. Amend House Bill 2984 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Comprehensive Lead Education, Reduction,
5and Window Replacement Program Act is amended by changing
6Sections 5, 10, 15, 20, 25, and 30 as follows:
7    (410 ILCS 43/5)
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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1        (3) Lead poisoning causes irreversible damage to the
2    development of a child's nervous system. Even at low and
3    moderate levels, lead poisoning causes learning
4    disabilities, problems with speech, shortened attention
5    span, hyperactivity, and behavioral problems. Recent
6    research links low levels of lead exposure to lower IQ
7    scores and to juvenile delinquency.
8        (4) While the use of lead-based paint in residential
9    properties was banned in 1978, the State of Illinois ranks
10    seventh nationally in the number of housing units built
11    before 1978 and at highest risk for lead hazards.
12        (5) (4) Older housing is the number one risk factor for
13    childhood lead poisoning. Properties built before 1960
14    1950 are statistically much more likely to contain
15    lead-based paint hazards than buildings constructed more
16    recently.
17        (5) The State of Illinois ranks 10th out of the 50
18    states in the age of its housing stock. More than 50% of
19    the housing units in Chicago and in Rock Island, Peoria,
20    Macon, Madison, and Kankakee counties were built before
21    1960. More than 43% of the housing units in St. Clair,
22    Winnebago, Sangamon, Kane, and Cook counties were built
23    before 1950.
24        (6) There are nearly 1.43 1.4 million households with
25    significant lead-based paint hazards in Illinois.
26        (7) Less than 25% of Illinois children age 6 year and



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1    under have been tested for lead poisoning. Based on the
2    children tested and age of housing stock, the counties at
3    highest risk for childhood lead poisoning are Knox, Stark,
4    Mason, Stephenson, Bureau, Logan, Mercer, Hancock, Ford,
5    Rock Island, Fulton, Henry, Macon, McDonough, Lawrence,
6    Peoria, Adams, Schuyler, Alexander, Whiteside, Pike, and
7    Shelby; municipalities at the highest risk for childhood
8    lead poisoning are Oak Park, Chicago, and Stickney.
9        (8) (7) Most children are lead poisoned in their own
10    homes through exposure to lead dust from deteriorated lead
11    paint surfaces, like windows, and when lead paint
12    deteriorates or is disturbed through home renovation and
13    repainting.
14        (8) Less than 25% of children in Illinois age 6 and
15    under have been tested for lead poisoning. While children
16    are lead poisoned throughout Illinois, counties above the
17    statewide average include: Alexander, Cass, Cook, Fulton,
18    Greene, Kane, Kankakee, Knox, LaSalle, Macon, Mercer,
19    Peoria, Perry, Rock Island, Sangamon, St. Clair,
20    Stephenson, Vermilion, Will, and Winnebago.
21        (9) The control of lead hazards significantly reduces
22    lead-poisoning rates. Other communities, including New
23    York City and Milwaukee, have successfully reduced
24    lead-poisoning rates by removing lead-based paint hazards
25    on windows.
26        (9) (10) Windows are considered a higher lead exposure



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1    risk more often than other components in a housing unit.
2    Windows are a major contributor of lead dust in the home,
3    due to both weathering conditions and friction effects on
4    paint.
5        (10) The Comprehensive Lead Elimination, Reduction and
6    Window Replacement (CLEAR-Win) Program was a pilot program
7    in Illinois aimed at reducing potential lead hazards by
8    replacing windows in low-income, pre-1978 homes. It also
9    provided for on-the-job training for community members in
10    the 2 pilot communities of Englewood/West Englewood
11    (Chicago) and Peoria County.
12        (11) The CLEAR-Win Program provided for installation
13    of 8,000 windows in 466 housing units between 2010 and
14    2014.
15        (12) Two evaluations of the CLEAR-Win Program
16    demonstrated the effectiveness of the program in lowering
17    the lead burden in the homes where window replacement was
18    conducted and that there were energy and environmental
19    benefits, health benefits, and market benefits, as well as
20    job creation. Return on investment was almost $2 for every
21    dollar spent.
22        (13) (11) There is an insufficient pool of licensed
23    lead abatement workers and contractors to address the
24    problem in some areas of the State.
25        (14) (12) Through grants from the U.S. Department of
26    Housing and Urban Development and the pilot CLEAR-Win



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1    Program, some communities in Illinois have begun to reduce
2    lead poisoning of children. While this is an ongoing
3    effort, it only addresses a small number of the low-income
4    children statewide in communities with high levels of lead
5    paint in the housing stock.
6    (b) It is the intent of the General Assembly to:
7        (1) address the problem of lead poisoning of children
8    by eliminating lead hazards in homes;
9        (2) provide training within communities to encourage
10    the use of lead paint safe work practices;
11        (3) create job opportunities for community members in
12    the lead abatement industry;
13        (4) support the efforts of small business and property
14    owners committed to maintaining lead-safe housing; and
15        (5) assist in the maintenance of affordable lead-safe
16    housing stock.
17    (c) The General Assembly hereby establishes the second
18phase of the Comprehensive Lead Education, Reduction, and
19Window Replacement Program to assist residential property
20owners through loan and grant programs to reduce lead paint
21hazards through window replacement in those pilot area
22communities identified as a priority by the Department because
23of the high risk for childhood lead poisoning. Where there is a
24lack of workers trained to remove lead-based paint hazards,
25job-training programs must be initiated. The General Assembly
26also recognizes that training, insurance, and licensing costs



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1are prohibitively high and hereby establishes incentives for
2contractors to do lead abatement work.
3(Source: P.A. 95-492, eff. 1-1-08.)
4    (410 ILCS 43/10)
5    Sec. 10. Definitions. In this Act:
6    "Advisory Council" refers to the Lead Safe Housing Advisory
7Council established under Public Act 93-0789.
8    "CLEAR-Win Program" "CLEAR-WIN Program" refers to the
9Comprehensive Lead Education, Reduction, and Window
10Replacement Program created pursuant to this Act to assist
11property owners of single family homes and multi-unit
12residential properties in priority pilot area communities,
13through loan and grant programs that reduce lead paint hazards
14primarily through window replacement and, where necessary,
15through other lead-based paint hazard control techniques.
16    "Director" means the Director of Public Health.
17    "Lead Safe Housing Maintenance Standards" refers to the
18standards developed by the Lead Safe Housing Advisory Council.
19    "Low-income" means a household at or below 80% of the
20median income level for a given county as determined annually
21by the U.S. Department of Housing and Urban Development.
22    "Priority communities" "Pilot area communities" means the
23counties or cities selected by the Department, with the advice
24of the Advisory Council, where properties whose owners are
25eligible for the assistance provided by this Act are located.



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1    "Window" means the inside, outside, and sides of sashes and
2mullions and the frames to the outside edge of the frame,
3including sides, sash guides, and window wells and sills.
4(Source: P.A. 95-492, eff. 1-1-08.)
5    (410 ILCS 43/15)
6    Sec. 15. Grant and loan program.
7    (a) Subject to appropriation, the Department, in
8consultation with the Advisory Council, shall establish and
9operate the CLEAR-Win CLEAR-WIN Program in priority
10communities in two pilot area communities selected by the
11Department with advice from the Advisory Council. Priority
12Pilot area communities shall be selected based upon the
13prevalence of low-income families whose children are lead
14poisoned, the age of the housing stock, and other sources of
15funding available to the communities to address lead-based
16paint hazards.
17    (b) The Department shall be responsible for administering
18the CLEAR-Win CLEAR-WIN grant program. The grant shall be used
19to correct lead-based paint hazards in residential buildings.
20Conditions for receiving a grant shall be developed by the
21Department based on criteria established by the Advisory
22Council. Criteria, including but not limited to the following
23program components, shall include (i) income eligibility for
24receipt of the grants, with priority given to low-income
25tenants or owners who rent to low-income tenants; (ii)



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1properties to be covered under CLEAR-Win CLEAR-WIN; and (iii)
2the number of units to be covered in a property. Prior to
3making a grant, the Department must provide the grant recipient
4with a copy of the Lead Safe Housing Maintenance Standards
5generated by the Advisory Council. The property owner must
6certify that he or she has received the Standards and intends
7to comply with them; has provided a copy of the Standards to
8all tenants in the building; will continue to rent to the same
9tenant or other low-income tenant for a period of not less than
105 years following completion of the work; and will continue to
11maintain the property as lead-safe. Failure to comply with the
12grant conditions may result in repayment of grant funds.
13    (c) The Advisory Council shall also consider development of
14a loan program to assist property owners not eligible for
16    (d) All lead-based paint hazard control work performed with
17these grant or loan funds shall be conducted in conformance
18with the Lead Poisoning Prevention Act and the Illinois Lead
19Poisoning Prevention Code. Before contractors are paid for
20repair work conducted under the CLEAR-Win CLEAR-WIN Program,
21each dwelling unit assisted must be inspected by a lead risk
22assessor or lead inspector licensed in Illinois, and an
23appropriate number of dust samples must be collected from in
24and around the work areas for lead analysis, with results in
25compliance with levels set by the Lead Poisoning Prevention Act
26and the Illinois Lead Poisoning Prevention Code. All costs of



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1evaluation shall be the responsibility of the property owner
2who received the grant or loan, but will be provided for by the
3Department for grant recipients and may be included in the
4amount of the loan. Additional repairs and clean-up costs
5associated with a failed clearance test, including follow-up
6tests, shall be the responsibility of the contractor.
7    (e) Within 6 months after the effective date of this Act,
8the Advisory Council shall recommend to the Department Lead
9Safe Housing Maintenance Standards for purposes of the
10CLEAR-WIN Program. Except for properties where all lead-based
11paint has been removed, the standards shall describe the
12responsibilities of property owners and tenants in maintaining
13lead-safe housing, including but not limited to, prescribing
14special cleaning, repair, and maintenance necessary to reduce
15the chance that properties will cause lead poisoning in child
16occupants. Recipients of CLEAR-Win CLEAR-WIN grants and loans
17shall be required to continue to maintain their properties in
18compliance with these Lead Safe Housing Maintenance Standards.
19Failure to maintain properties in accordance with these
20Standards may result in repayment of grant funds or termination
21of the loan.
22    (f) From funds appropriated, the Department may pay grants
23and reasonable administrative costs.
24(Source: P.A. 95-492, eff. 1-1-08; 96-959, eff. 7-1-10.)
25    (410 ILCS 43/20)



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1    Sec. 20. Lead abatement training. The Advisory Council
2shall determine whether a sufficient number of lead abatement
3training programs exist to serve the pilot sites. If it is
4determined additional programs are needed, the Advisory
5Council shall work with the Department to establish the
6additional training programs for purposes of the CLEAR-Win
7CLEAR-WIN Program.
8(Source: P.A. 95-492, eff. 1-1-08.)
9    (410 ILCS 43/25)
10    Sec. 25. Insurance assistance. The Department shall make
11available, for the portion of a policy related to lead
12activities, 100% insurance subsidies to licensed lead
13abatement contractors who primarily target their work to the
14priority pilot area communities and employ a significant number
15of licensed lead abatement workers from the priority pilot area
16communities. Receipt of the subsidies shall be reviewed
17annually by the Department. The Department shall adopt rules
18for implementation of these insurance subsidies within 6 months
19after the effective date of this Act.
20(Source: P.A. 95-492, eff. 1-1-08.)
21    (410 ILCS 43/30)
22    Sec. 30. Advisory Council. The Advisory Council shall
23submit an annual written report to the Governor and General
24Assembly on the operation and effectiveness of the CLEAR-Win



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1CLEAR-WIN Program. The report must describe evaluate the
2program's effectiveness on reducing the prevalence of lead
3poisoning in children in the priority pilot area communities
4and in training and employing persons in the priority pilot
5area communities. The report also must describe the numbers of
6units in which lead-based paint was abated; specify the type of
7work completed and the types of dwellings and demographics of
8persons assisted; summarize the cost of lead-based paint hazard
9control and CLEAR-Win CLEAR-WIN Program administration; rent
10increases or decreases in the priority pilot area communities;
11rental property ownership changes; and any other CLEAR-Win
12CLEAR-WIN actions taken by the Department or the Advisory
13Council and recommend any necessary legislation or rule-making
14to improve the effectiveness of the CLEAR-Win CLEAR-WIN
16(Source: P.A. 95-492, eff. 1-1-08.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".