Sen. Don Harmon

Filed: 5/4/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1774, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Comprehensive Lead Education, Reduction,
6and Window Replacement Program Act is amended by changing
7Sections 5, 10, 20, 25, and 30 and by adding Section 16 as
9    (410 ILCS 43/5)
10    Sec. 5. Findings; intent; establishment of program.
11    (a) The General Assembly finds all of the following:
12        (1) Lead-based paint poisoning is a potentially
13    devastating, but preventable disease. It is one of the top
14    environmental threats to children's health in the United
15    States.
16        (2) The number of lead-poisoned children in Illinois is



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1    among the highest in the nation, especially in older, more
2    affordable properties.
3        (3) Lead poisoning causes irreversible damage to the
4    development of a child's nervous system. Even at low and
5    moderate levels, lead poisoning causes learning
6    disabilities, problems with speech, shortened attention
7    span, hyperactivity, and behavioral problems. Recent
8    research links low levels of lead exposure to lower IQ
9    scores and to juvenile delinquency.
10        (4) Older housing is the number one risk factor for
11    childhood lead poisoning. Properties built before 1950 are
12    statistically much more likely to contain lead-based paint
13    hazards than buildings constructed more recently.
14        (5) While the use of lead-based paint in residential
15    properties was banned in 1978, the State of Illinois ranks
16    seventh nationally in the number of housing units built
17    before 1978 and has the highest risk for lead hazards.
18        (5) The State of Illinois ranks 10th out of the 50
19    states in the age of its housing stock. More than 50% of
20    the housing units in Chicago and in Rock Island, Peoria,
21    Macon, Madison, and Kankakee counties were built before
22    1960. More than 43% of the housing units in St. Clair,
23    Winnebago, Sangamon, Kane, and Cook counties were built
24    before 1950.
25        (6) There are nearly 1.4 million households with
26    lead-based paint hazards in Illinois.



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1        (7) Most children are lead poisoned in their own homes
2    through exposure to lead dust from deteriorated lead paint
3    surfaces, like windows, and when lead paint deteriorates or
4    is disturbed through home renovation and repainting.
5        (8) Children at the highest risk for lead poisoning
6    live in low-income communities and in older housing
7    throughout the State of Illinois.
8        (8) Less than 25% of children in Illinois age 6 and
9    under have been tested for lead poisoning . While children
10    are lead poisoned throughout Illinois, counties above the
11    statewide average include: Alexander, Cass, Cook, Fulton,
12    Greene, Kane, Kankakee, Knox, LaSalle, Macon, Mercer,
13    Peoria, Perry, Rock Island, Sangamon, St. Clair,
14    Stephenson, Vermilion, Will, and Winnebago.
15        (9) The control of lead hazards significantly reduces
16    lead-poisoning rates. Other communities, including New
17    York City and Milwaukee, have successfully reduced
18    lead-poisoning rates by removing lead-based paint hazards
19    on windows.
20        (10) Windows are considered a higher lead exposure risk
21    more often than other components in a housing unit. Windows
22    are a major contributor of lead dust in the home, due to
23    both weathering conditions and friction effects on paint.
24        (11) The Comprehensive Lead Elimination, Reduction,
25    and Window Replacement (CLEAR-WIN) Program established
26    under Public Act 95-492 as a pilot program to reduce



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1    potential lead hazards by replacing windows in low-income,
2    pre-1978 homes. It also provided for on-the-job training
3    for community members in 2 pilot communities in Chicago and
4    Peoria County.
5        (12) The CLEAR-WIN Program provided for installation
6    of 8,000 windows in 466 housing units between 2010 and
7    2014. Evaluations of the pilot program determined window
8    replacement was effective in lowering lead hazards and
9    produced energy, environmental, health, and market
10    benefits. Return on investment was almost $2 for every
11    dollar spent.
12        (13) (11) There is an insufficient pool of licensed
13    lead abatement workers and contractors to address the
14    problem in some areas of the State.
15        (14) (12) Through grants from the U.S. Department of
16    Housing and Urban Development and State dollars, some
17    communities in Illinois have begun to reduce lead poisoning
18    of children. While this is an ongoing effort, it only
19    addresses a small number of the low-income children
20    statewide in communities with high levels of lead paint in
21    the housing stock.
22    (b) It is the intent of the General Assembly to:
23        (1) address the problem of lead poisoning of children
24    by eliminating lead hazards in homes;
25        (2) provide training within communities to encourage
26    the use of lead paint safe work practices;



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1        (3) create job opportunities for community members in
2    the lead abatement industry;
3        (4) support the efforts of small business and property
4    owners committed to maintaining lead-safe housing; and
5        (5) assist in the maintenance of affordable lead-safe
6    housing stock.
7    (c) The General Assembly hereby establishes the
8Comprehensive Lead Education, Reduction, and Window
9Replacement Program to assist residential property owners
10through a Lead Direct Assistance Program loan and grant
11programs to reduce lead paint hazards in residential properties
12through window replacement in pilot area communities. Where
13there is a lack of workers trained to remove lead-based paint
14hazards, job-training programs must be initiated. The General
15Assembly also recognizes that training, insurance, and
16licensing costs are prohibitively high and hereby establishes
17incentives for contractors to do lead abatement work.
18    (d) The Department of Public Health is authorized to:
19        (1) adopt rules necessary to implement this Act;
20        (2) adopt by reference the Illinois Administrative
21    Procedure Act for administration of this Act;
22        (3) assess administrative fines and penalties, as
23    established by the Department by rule, for persons
24    violating rules adopted by the Department under this Act;
25        (4) make referrals for prosecution to the Attorney
26    General or the State's Attorney for the county in which a



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1    violation occurs, for a violation of this Act or the rules
2    adopted under this Act; and
3        (5) establish agreements under the Intergovernmental
4    Cooperation Act with the Department of Commerce and
5    Economic Opportunity, the Illinois Housing Development
6    Authority, or any other public agency as required, to
7    implement this Act.
8(Source: P.A. 95-492, eff. 1-1-08.)
9    (410 ILCS 43/10)
10    Sec. 10. Definitions. In this Act:
11    "Advisory Council" refers to the Lead Safe Housing Advisory
12Council established under Public Act 93-0789.
13    "Child care facility" means any structure used by a child
14care provider licensed by the Department of Children and Family
15Services or a public or private school structure frequented by
16children 6 years of age or younger.
17    "Child-occupied property" means a property where a child
18under 6 years of age is on the property an average of at least 6
19hours per week.
20    "CLEAR-WIN Program" refers to the Comprehensive Lead
21Education, Reduction, and Window Replacement Program created
22pursuant to this Act to assist property owners of single-family
23single family homes and multi-unit residential properties in
24the State pilot area communities, through the Direct Assistance
25Program, which reduces loan and grant programs that reduce lead



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1paint and leaded plumbing hazards primarily through window
2replacement and, where necessary, through other lead
3lead-based paint hazard control techniques.
4    "Department" means the Department of Public Health.
5    "Director" means the Director of Public Health.
6    "Lead hazard" means a lead-bearing substance that poses an
7immediate health hazard to humans.
8    "Lead Safe Housing Maintenance Standards" refers to the
9standards developed by the Lead Safe Housing Department in
10conjunction with the Advisory Council.
11    "Leaded plumbing" means that portion of a building's
12potable water plumbing that is suspected or known to contain
13lead or lead-containing material as indicated by lead in
14potable water samples.
15    "Low-income" means a household at or below 80% of the
16median income level for a given county as determined annually
17by the U.S. Department of Housing and Urban Development.
18    "Person" means an individual, corporation, partnership,
19firm, organization, or association, acting individually or as a
21    "Plumbing" has the meaning ascribed to that term in the
22Illinois Plumbing Licensing Law.
23    "Recipient" means a person receiving direct assistance
24under this Act.
25    "Residential property" means a single-family residence or
26renter-occupied property with up to 8 units.



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1    "Pilot area communities" means the counties or cities
2selected by the Department, with the advice of the Advisory
3Council, where properties whose owners are eligible for the
4assistance provided by this Act are located.
5    "Window" means the inside, outside, and sides of sashes and
6mullions and the frames to the outside edge of the frame,
7including sides, sash guides, and window wells and sills.
8(Source: P.A. 95-492, eff. 1-1-08.)
9    (410 ILCS 43/16 new)
10    Sec. 16. Lead Direct Assistance Program.
11    (a) Subject to appropriation, the Department, in
12consultation with the Advisory Council, shall establish and
13operate the Lead Direct Assistance Program throughout the
14State. The purpose of the Lead Direct Assistance Program is to
15employ primary prevention strategies to prevent childhood lead
17    (b) The Department shall administer the Lead Direct
18Assistance Program to remediate lead-based paint hazards and
19leaded plumbing hazards in residential properties. Conditions
20for receiving direct assistance shall be developed by the
21Department of Public Health, in consultation with the
22Department of Commerce and Economic Opportunity and the
23Illinois Housing Development Authority. Criteria for receiving
24direct assistance shall include:
25        (1) for owner-occupied properties: (i) the property



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1    contains lead hazards; (ii) the property is a
2    child-occupied property or the residence of a pregnant
3    woman; and (iii) the owner is low-income; and
4        (2) for rental properties: (i) the property contains
5    lead hazards and (ii) 50% or more of the renters in the
6    residential property are low-income.
7    Recipients of direct assistance under this program shall be
8provided a copy of the Department's Lead Safe Housing
9Maintenance Standards. Before receiving the direct assistance,
10the recipient must certify that he or she has received the
11standards and intends to comply with them. If the property is a
12rental property, the recipient must also certify that he or she
13will continue to rent to the same tenant or other low-income
14tenant for a period of not less than 5 years following
15completion of the work. Failure to comply with the conditions
16of the Lead Direct Assistance Program is a violation of this
18    (c) To identify properties with lead hazards, the
19Department may prioritize properties where at least one child
20has been found to have an elevated blood lead level under the
21Lead Poisoning Prevention Act and the paint or potable water
22has been tested and found to contain lead exceeding levels
23established by rule.
24    (d) All lead-based paint hazard control work performed
25under the Lead Direct Assistance Program shall comply with the
26Lead Poisoning Prevention Act and the Illinois Lead Poisoning



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1Prevention Code. All plumbing work performed under the Lead
2Direct Assistance Program shall comply with the Illinois
3Plumbing Licensing Act and the Illinois Plumbing Code. Before
4persons are paid for work conducted under this Act, each
5subject property must be inspected by a lead risk assessor or
6lead inspector licensed in Illinois. Prior to payment, an
7appropriate number of dust samples must be collected from in
8and around the work areas for lead analysis, with results in
9compliance with levels set by the Lead Poisoning Prevention Act
10and the Illinois Lead Poisoning Prevention Code or in the case
11of leaded plumbing work, be inspected by an Illinois-certified
12plumbing inspector. All costs associated with these
13inspections, including laboratory fees, shall be compensable
14to the person contracted to provide direct assistance, as
15prescribed by rule. Additional repairs and clean-up costs
16associated with a failed clearance test, including follow-up
17tests, shall be the responsibility of the person performing the
18work under the Lead Direct Assistance Program.
19    (e) The Department shall issue Lead Safe Housing
20Maintenance Standards in accordance with this Act. Except for
21properties where all lead-based paint, leaded plumbing, or
22other identified lead hazards have been removed, the standards
23shall describe the responsibilities of property owners and
24tenants in maintaining lead-safe housing, including, but not
25limited to, prescribing special cleaning, repair, flushing,
26filtering, and maintenance necessary to minimize the risk that



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1subject properties will cause lead poisoning in children.
2Recipients of direct assistance shall be required to continue
3to maintain their properties in compliance with these Lead Safe
4Housing Maintenance Standards. Failure to maintain properties
5in accordance with these standards is a violation and may
6subject the recipient to fines and penalties prescribed by
8    (f) From funds appropriated, the Department may pay its own
9reasonable administrative costs and, by agreement, the
10reasonable administrative costs of other public agencies.
11    (g) Failure by a person performing work under the Lead
12Direct Assistance Program to comply with rules or any
13contractual agreement made thereunder may subject the person to
14administrative action by the Department or other public
15agencies, in accordance with rules adopted under this Act,
16including, but not limited to, civil penalties, retainage of
17payment, and loss of eligibility to participate. Civil actions,
18including for reimbursement, damages, and money penalties, and
19criminal actions may be brought by the Attorney General or the
20State's Attorney for the county in which the violation occurs.
21    (410 ILCS 43/20)
22    Sec. 20. Lead abatement training. The Advisory Council
23shall advise the Department determine whether a sufficient
24number of lead abatement training programs exist to serve the
25State. If the Department determines pilot sites. If it is



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1determined additional programs are needed, then the Department
2may use funds appropriated under this Act to address the
3deficiencies the Advisory Council shall work with the
4Department to establish the additional training programs for
5purposes of the CLEAR-WIN Program.
6(Source: P.A. 95-492, eff. 1-1-08.)
7    (410 ILCS 43/25)
8    Sec. 25. Insurance assistance. The Department, through
9agreements with other public agencies, may allow for
10reimbursement of certain insurance costs associated with
11persons performing work under the Lead Direct Assistance
12Program. shall make available, for the portion of a policy
13related to lead activities, 100% insurance subsidies to
14licensed lead abatement contractors who primarily target their
15work to the pilot area communities and employ a significant
16number of licensed lead abatement workers from the pilot area
17communities. Receipt of the subsidies shall be reviewed
18annually by the Department. The Department shall adopt rules
19for implementation of these insurance subsidies within 6 months
20after the effective date of this Act.
21(Source: P.A. 95-492, eff. 1-1-08.)
22    (410 ILCS 43/30)
23    Sec. 30. Advisory Council. The Advisory Council shall
24assist the Department in developing submit an annual written



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1report to the Governor and General Assembly on the operation
2and effectiveness of the CLEAR-WIN Program. The report must
3evaluate the program's effectiveness on reducing the
4prevalence of lead poisoning in children in the pilot area
5communities and in training and employing persons in the pilot
6area communities. The report also must: (i) contain information
7about training and employment associated with persons
8providing direct assistance work, (ii) describe the numbers of
9units in which lead hazards were remediated or leaded plumbing
10replaced, (iii) lead -based paint was abated; specify the type
11of work completed and the types of dwellings and demographics
12of persons assisted, (iv) ; summarize the cost of lead
13lead-based paint hazard control and CLEAR-WIN Program
14administration, (v) report on ; rent increases or decreases in
15the residential property affected by direct assistance work and
16pilot area communities; rental property ownership changes,
17(vi) describe ; and any other CLEAR-WIN actions taken by the
18Department, other public agencies, or the Advisory Council, and
19(vii) recommend any necessary legislation or rule-making to
20improve the effectiveness of this the CLEAR-WIN Program.
21(Source: P.A. 95-492, eff. 1-1-08.)
22    (410 ILCS 43/15 rep.)
23    Section 10. The Comprehensive Lead Education, Reduction,
24and Window Replacement Program Act is amended by repealing
25Section 15.".