102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4193

 

Introduced 10/26/2021, by Rep. Angelica Guerrero-Cuellar

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/6z-20.1
65 ILCS 5/11-101-3

    Amends the State Finance Act. Provides for the use of moneys in the State Aviation Program Fund as distributions (currently, grants) to units of local government for specified airport-related purposes. Specifies additional uses of the moneys allocated to the Sound-Reducing Windows and Doors Replacement Fund related to the replacement, installation, and repair of sound-reducing windows and doors. Amends the Illinois Municipal Code. Provides that residents who are eligible to receive replacement windows under provisions concerning noise mitigation and air quality shall be allowed to choose the color and type of replacement window. Provides that for purposes of aiding in the selection of such replacement windows, a showcase and display of available replacement window types shall be established and located at Chicago Midway International Airport. Requires the appointment of members by the Speaker of the House of Representatives and the President of the Senate to an advisory committee concerning noise mitigation and air quality. Provides that the advisory committee shall develop a process in which homeowners can demonstrate extreme hardship. Provides that at least 10% of the homes receiving window and door replacement in a year shall be homes that have demonstrated extreme hardship. Requires the advisory committee to compile a report concerning the replacement of windows and doors. Makes conforming and other changes. Effective immediately.


LRB102 21163 RJF 30176 b

 

 

A BILL FOR

 

HB4193LRB102 21163 RJF 30176 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Section 6z-20.1 as follows:
 
6    (30 ILCS 105/6z-20.1)
7    Sec. 6z-20.1. The State Aviation Program Fund and the
8Sound-Reducing Windows and Doors Replacement Fund.
9    (a) The State Aviation Program Fund is created in the
10State Treasury. Moneys in the Fund shall be used by the
11Department of Transportation for the purposes of administering
12a State Aviation Program. Subject to appropriation, the moneys
13shall be used for the purpose of making distributions
14distributing grants to units of local government to be used
15for airport-related purposes. Distributions Grants to units of
16local government from the Fund shall be distributed
17proportionately based on equal part enplanements, total cargo,
18and airport operations. With regard to enplanements that occur
19within a municipality with a population of over 500,000,
20distributions grants shall be distributed only to the
21municipality.
22    (b) For distributions grants to a unit of government other
23than a municipality with a population of more than 500,000,

 

 

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1"airport-related purposes" means the capital or operating
2costs of: (1) an airport; (2) a local airport system; or (3)
3any other local facility that is owned or operated by the
4person or entity that owns or operates the airport that is
5directly and substantially related to the air transportation
6of passengers or property as provided in 49 U.S.C. 47133,
7including (i) the replacement of sound-reducing windows and
8doors installed under the Residential Sound Insulation Program
9and (ii) in-home air quality monitoring testing in residences
10in which windows or doors were installed under the Residential
11Sound Insulation Program.
12    (c) For distributions grants to a municipality with a
13population of more than 500,000, "airport-related purposes"
14means the capital costs of: (1) an airport; (2) a local airport
15system; or (3) any other local facility that (i) is owned or
16operated by a person or entity that owns or operates an airport
17and (ii) is directly and substantially related to the air
18transportation of passengers or property, as provided in 49
19U.S.C. 47133. For distributions grants to a municipality with
20a population of more than 500,000, "airport-related purposes"
21also means costs, including administrative costs, associated
22with the replacement of sound-reducing windows and doors
23installed under the Residential Sound Insulation Program.
24    (d) In each State fiscal year, the first $7,500,000
25attributable to a municipality with a population of more than
26500,000, as provided in subsection (a) of this Section, shall

 

 

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1be transferred to the Sound-Reducing Windows and Doors
2Replacement Fund, a special fund created in the State
3Treasury. Subject to appropriation, the moneys in the Fund
4shall be used for costs, including administrative costs,
5associated with the replacement of sound-reducing windows and
6doors installed under the Residential Sound Insulation
7Program, including repair costs for any mechanical issues with
8replacement windows or doors and reimbursement for homeowners
9who replaced sound-reducing windows and doors installed under
10the Residential Sound Insulation Program of their own accord.
11Residents who received reimbursement shall receive at least
1215% of the costs upon proof of installation. Subject to
13appropriation, the moneys shall also be used to service at
14least 750 residences a year and at least $1,000,000 must be
15used to repair mechanical issues. Residents who altered or
16modified a replacement window or accepted a replacement screen
17for the window shall not be disqualified from compensation or
18future services. Residents shall not be required to replace
19doors and may instead receive repairs to doors. Any amounts
20attributable to a municipality with a population of more than
21500,000 in excess of $7,500,000 in each State fiscal year
22shall be distributed among the airports in that municipality
23based on the same formula as prescribed in subsection (a) to be
24used for airport-related purposes.
25(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
 

 

 

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1    Section 10. The Illinois Municipal Code is amended by
2changing Section 11-101-3 as follows:
 
3    (65 ILCS 5/11-101-3)
4    Sec. 11-101-3. Noise mitigation; air quality.
5    (a) A municipality that has implemented a Residential
6Sound Insulation Program to mitigate aircraft noise shall
7perform indoor air quality monitoring and laboratory analysis
8of windows and doors installed pursuant to the Residential
9Sound Insulation Program to determine whether there are any
10adverse health impacts associated with off-gassing from such
11windows and doors. Such monitoring and analysis shall be
12consistent with applicable professional and industry
13standards. The municipality shall make any final reports
14resulting from such monitoring and analysis available to the
15public on the municipality's website. The municipality shall
16develop a science-based mitigation plan to address significant
17health-related impacts, if any, associated with such windows
18and doors as determined by the results of the monitoring and
19analysis. In a municipality that has implemented a Residential
20Sound Insulation Program to mitigate aircraft noise, if
21requested by the homeowner pursuant to a process established
22by the municipality, which process shall include, at a
23minimum, notification in a newspaper of general circulation
24and a mailer sent to every address identified as a recipient of
25windows and doors installed under the Residential Sound

 

 

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1Insulation Program, the municipality shall replace all windows
2and doors installed under the Residential Sound Insulation
3Program in such homes where one or more windows or doors have
4been found to have caused offensive odors. Only those
5homeowners who request that the municipality perform an odor
6inspection as prescribed by the process established by the
7municipality within 6 months of notification being published
8and mailers being sent shall be eligible for odorous window
9and odorous door replacement. Residents who are eligible to
10receive replacement windows shall be allowed to choose the
11color and type of replacement window. For purposes of aiding
12in the selection of such replacement windows, a showcase and
13display of available replacement window types shall be
14established and located at Chicago Midway International
15Airport. Homes that have been identified by the municipality
16as having odorous windows or doors are not required to make
17said request to the municipality. The right to make a claim for
18replacement and have it considered pursuant to this Section
19shall not be affected by the fact of odor-related claims made
20or odor-related products received pursuant to the Residential
21Sound Insulation Program prior to June 5, 2019 (the effective
22date of this Section). The municipality shall also perform
23in-home air quality testing in residences in which windows and
24doors are replaced under this Section. In order to receive
25in-home air quality testing, a homeowner must request such
26testing from the municipality, and the total number of homes

 

 

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1tested in any given year shall not exceed 25% of the total
2number of homes in which windows and doors were replaced under
3this Section in the prior calendar year.
4    (b) An advisory committee shall be formed, composed of the
5following: (i) 2 members of the municipality who reside in
6homes that have received windows or doors pursuant to the
7Residential Sound Insulation Program and have been identified
8by the municipality as having odorous windows or doors,
9appointed by the Secretary of Transportation; (ii) one
10employee of the Aeronautics Division of the Department of
11Transportation; and (iii) 2 employees of the municipality that
12implemented the Residential Sound Insulation Program in
13question; and (iv) 2 members appointed by the Speaker of the
14House of Representatives and 2 members appointed by the
15President of the Senate. The advisory committee shall
16determine by majority vote which homes contain windows or
17doors that cause offensive odors and thus are eligible for
18replacement, shall promulgate a list of such homes, and shall
19develop recommendations as to the order in which homes are to
20receive window replacement. The recommendations shall include
21reasonable and objective criteria for determining which
22windows or doors are odorous, consideration of the date of
23odor confirmation for prioritization, severity of odor,
24geography and individual hardship, and shall provide such
25recommendations to the municipality. The advisory committee
26shall develop a process in which homeowners can demonstrate

 

 

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1extreme hardship. Extreme hardship shall be defined as: liquid
2infiltration of the window or door; health and medical
3condition of the resident; and residents with sensitivities
4related to smell. At least 10% of the homes receiving a
5replacement in a year shall be homes that have demonstrated
6extreme hardship. The advisory committee shall compile a
7report demonstrating: (i) the number of homes in line to
8receive a replacement; (ii) the number of homes that received
9replacement windows or doors, or both; (iii) the number of
10homes that received financial compensation instead of a
11replacement; and (iv) the number of homes with confirmed
12mechanical issues. Until December 31, 2022, the report shall
13be complied monthly, after December 31, 2022, the report shall
14be complied quarterly. The advisory committee shall accept all
15public questions and furnish a written response within 2
16business days. The advisory committee shall comply with the
17requirements of the Open Meetings Act. The Chicago Department
18of Aviation shall provide administrative support to the
19committee. The municipality shall consider the recommendations
20of the committee but shall retain final decision-making
21authority over replacement of windows and doors installed
22under the Residential Sound Insulation Program, and shall
23comply with all federal, State, and local laws involving
24procurement. A municipality administering claims pursuant to
25this Section shall provide to every address identified as
26having submitted a valid claim under this Section a quarterly

 

 

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1report setting forth the municipality's activities undertaken
2pursuant to this Section for that quarter. However, the
3municipality shall replace windows and doors pursuant to this
4Section only if, and to the extent, distributions grants are
5distributed to, and received by, the municipality from the
6Sound-Reducing Windows and Doors Replacement Fund for the
7costs associated with the replacement of sound-reducing
8windows and doors installed under the Residential Sound
9Insulation Program pursuant to Section 6z-20.1 of the State
10Finance Act. In addition, the municipality shall revise its
11specifications for procurement of windows for the Residential
12Sound Insulation Program to address potential off-gassing from
13such windows in future phases of the program. A municipality
14subject to the Section shall not legislate or otherwise
15regulate with regard to indoor air quality monitoring,
16laboratory analysis or replacement requirements, except as
17provided in this Section, but the foregoing restriction shall
18not limit said municipality's taxing power.
19    (c) A home rule unit may not regulate indoor air quality
20monitoring and laboratory analysis, and related mitigation and
21mitigation plans, in a manner inconsistent with this Section.
22This Section is a limitation of home rule powers and functions
23under subsection (i) of Section 6 of Article VII of the
24Illinois Constitution on the concurrent exercise by home rule
25units of powers and functions exercised by the State.
26    (d) This Section shall not be construed to create a

 

 

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1private right of action.
2(Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19;
3101-636, eff. 6-10-20; 102-558, eff. 8-20-21.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.