HB2838 100TH GENERAL ASSEMBLY

LRB100 10344 MJP 20536 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 Sections 8, 9, and 10 and by adding Sections 6.02, 6.03, and 12.3 as follows:

(410 ILCS 45/6.02 new)

Sec. 6.02. Paint list. The Department must maintain a list of paints appropriate for application over surfaces containing lead. The list maintained under this Section must, at a minimum, be made available on the Department's website.

(410 ILCS 45/6.03 new)

Sec. 6.03. Forms. Any form developed by the Department under this Act for public dissemination shall be made available both on the Department's website and as a physical copy. Any form developed by the Department under this Act for public dissemination shall be made available in both a raw data and spreadsheet format. Any form developed by the Department under this Act for public dissemination shall be designed for individuals with a grade 5 reading level and shall be made available in both English and Spanish.

(410 ILCS 45/8) (from Ch. 111 1/2, par. 1308)

Sec. 8. Inspection of dwelling units occupied or previously occupied by a person with an elevated blood lead level. A representative of the Department, or delegate agency, shall, after notification that an occupant of a regulated facility is found to have an elevated blood lead level as set forth in Section 7, upon presentation of the appropriate credentials to the owner, occupant, or his representative, inspect the affected dwelling units, at reasonable times, for the purposes of ascertaining that all surfaces accessible to children are intact and in good repair, and for purposes of ascertaining the existence of lead-bearing substances. Such representative of the Department, or delegate agency, may remove samples or objects necessary for laboratory analysis, in the determination of the presence of lead-bearing substances in the regulated facilities. 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 resident questionnaire for investigation of children with elevated blood lead levels form that is developed by the United States Department of Housing and Urban Development; the Department shall consider the information, if any, provided by the parent or guardian on the questionnaire form when conducting an inspection of the regulated facility under this Section.

If a regulated facility is occupied by a child of less than 3 years of age with an elevated blood lead level, the Department, in addition to all other requirements of this Section, must inspect the dwelling unit and common place area of the child with an elevated blood lead level.

Following the inspection, the Department or its delegate agency shall:

(1) Prepare an inspection report which shall:

(A) State the address of the dwelling unit.

(B) Describe the scope of the inspection, the inspection procedures used, and the method of ascertaining the existence of a lead-bearing substance in the dwelling unit.

(C) State whether any lead-bearing substances were found in the dwelling unit.

(D) Describe the nature, extent, and location of any lead-bearing substance that is found.

(E) State either that a lead hazard does exist or that a lead hazard does not exist. If a lead hazard does exist, the report shall describe the source, nature and location of the lead hazard. The existence of intact lead paint does not alone constitute a lead hazard for the purposes of this Section.

(F) Give the name of the person who conducted the inspection and the person to contact for further information regarding the inspection and the requirements of this Act.

(2) Mail or otherwise provide a copy of the inspection report to the property owner and to the occupants of the dwelling unit no later than 30 days after the inspection. If a lead-bearing substance is found, at the time of providing a copy of the inspection report, the Department or its delegate agency shall attach an informational brochure.

(Source: P.A. 98-690, eff. 1-1-15.)

(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 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. The Department must make a good faith effort to respond to a mitigation plan submitted by an owner within 8 business hours. The Department shall establish an appeals process for a property owner served with a mitigation notice under this Section.

(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 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.

(Source: P.A. 98-690, eff. 1-1-15.)

(410 ILCS 45/10) (from Ch. 111 1/2, par. 1310)

Sec. 10. The Department, or representative of a unit of local government or health department approved by the Department for this purpose, shall report any violation of this Act to the State's Attorney of the county in which the regulated facility is located. The State's Attorney has the authority to charge the owner with a Class A misdemeanor, and shall take additional measures to ensure that rent is withheld from the owner by the occupants of the dwelling units affected, until the mitigation requirements under Section 9 of this Act are complied with.

If the State's Attorney brings an action against an individual for a violation of this 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. Notwithstanding any other provision of law, evidence of a lead test performed by an individual in an action brought by a State's Attorney for a violation of this Act shall be admissible in evidence in an action for a violation of this Act brought by the State's Attorney.

No tenant shall be evicted because rent is withheld under the provisions of this Act, or because of any action required of the owner of the regulated facility as a result of enforcement of this Act.

(Source: P.A. 98-690, eff. 1-1-15; 99-78, eff. 7-20-15.)

(410 ILCS 45/12.3 new)

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