97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4969

 

Introduced 2/3/2012, by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Lead Poisoning Prevention Act. Makes a change to the definitions and defines "certified renovator", "certified renovation firm", "child-occupied facility", and "renovation". Includes treatment and abatement programs and the implementation and enforcement of the Act as items for which moneys shall be appropriated from the Lead Poisoning Screening, Prevention, and Abatement Fund to the Department of Public Health. Adds a condition to the prohibition against a person making inspections without first being licensed by the Department of Public Health that a certified renovator testing painted surfaces to be impacted by a renovation using methods approved by the Department for use by a certified renovator shall not be considered an inspection. Makes changes in the provision concerning warrant procedures. Includes renovation in the provision concerning the manner of mitigation of lead hazards. Provides that all renovation must be performed by a certified renovation firm and that the certified renovation firm must utilize a certified renovator to supervise each renovation and all other staff must be certified renovators or trained by a certified renovator. Makes changes in the provisions concerning licensing and administrative action.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning public 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 2, 7.2, 8.1, 8.2, 11, 11.1, and 11.2 and by
6adding Section 11.01 as follows:
 
7    (410 ILCS 45/2)  (from Ch. 111 1/2, par. 1302)
8    Sec. 2. Definitions. As used in this Act:
9    "Abatement" means the removal or encapsulation of all
10leadbearing substances in a residential building,
11child-occupied facility, or dwelling unit.
12    "Certified renovator" means any person employed by a
13certified renovation firm and licensed by the Department to
14perform renovation.
15    "Certified renovation firm" means any person or entity
16licensed by the Department to perform renovation.
17    "Child care facility" means any structure used by a child
18care provider licensed by the Department of Children and Family
19Services or public school structure frequented by children
20through 6 years of age.
21    "Child-occupied facility" means a structure or portion of a
22structure constructed prior to 1978, visited regularly by the
23same child, 6 years of age or younger, as defined by the

 

 

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1Department in regulation.
2    "Delegate agency" means a unit of local government or
3health department approved by the Department to carry out the
4provisions of this Act.
5    "Department" means the Department of Public Health of the
6State of Illinois.
7    "Dwelling" means any structure all or part of which is
8designed or used for human habitation.
9    "High risk area" means an area in the State determined by
10the Department to be high risk for lead exposure for children
11through 6 years of age. The Department shall consider, but not
12be limited to, the following factors to determine a high risk
13area: age and condition (using Department of Housing and Urban
14Development definitions of "slum" and "blighted") of housing,
15proximity to highway traffic or heavy local traffic or both,
16percentage of housing determined as rental or vacant, proximity
17to industry using lead, established incidence of elevated blood
18lead levels in children, percentage of population living below
19200% of federal poverty guidelines, and number of children
20residing in the area who are 6 years of age or younger.
21    "Exposed surface" means any interior or exterior surface of
22a dwelling or residential building.
23    "Lead abatement contractor" means any person or entity
24licensed by the Department to perform lead abatement and
25mitigation.
26    "Lead abatement worker" means any person employed by a lead

 

 

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1abatement contractor and licensed by the Department to perform
2lead abatement and mitigation.
3    "Lead bearing substance" means any item containing or
4coated with lead such that the lead content is more than
5six-hundredths of one percent (0.06%) lead by total weight; or
6any dust on surfaces or in furniture or other nonpermanent
7elements of the dwelling; or any paint or other surface coating
8material containing more than five-tenths of one percent (0.5%)
9lead by total weight (calculated as lead metal) in the total
10non-volatile content of liquid paint; or lead bearing
11substances containing greater than one milligram per square
12centimeter or any lower standard for lead content in
13residential paint as may be established by federal law or
14regulation; or more than 1 milligram per square centimeter in
15the dried film of paint or previously applied substance; or
16item or dust on item containing lead in excess of the amount
17specified in the rules and regulations authorized by this Act
18or a lower standard for lead content as may be established by
19federal law or regulation. "Lead bearing substance" does not
20include firearm ammunition or components as defined by the
21Firearm Owners Identification Card Act.
22    "Lead hazard" means a lead bearing substance that poses an
23immediate health hazard to humans.
24    "Lead poisoning" means the condition of having blood lead
25levels in excess of those considered safe under State and
26federal rules and regulations.

 

 

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1    "Low risk area" means an area in the State determined by
2the Department to be low risk for lead exposure for children
3through 6 years of age. The Department shall consider the
4factors named in "high risk area" to determine low risk areas.
5    "Mitigation" means the remediation, in a manner described
6in Section 9, of a lead hazard so that the lead bearing
7substance does not pose an immediate health hazard to humans.
8    "Owner" means any person, who alone, jointly, or severally
9with others:
10        (a) Has legal title to any dwelling or residential
11    building, with or without accompanying actual possession
12    of the dwelling or residential building, or
13        (b) Has charge, care or control of the dwelling or
14    residential building as owner or agent of the owner, or as
15    executor, administrator, trustee, or guardian of the
16    estate of the owner.
17    "Person" means any one or more natural persons, legal
18entities, governmental bodies, or any combination.
19    "Renovation" means the modification of any existing
20dwelling, residential building, or child-occupied facility (or
21in any building being converted into a dwelling, residential
22building, or child-occupied facility) built prior to 1978, or
23portion thereof, performed for compensation, which results in
24the disturbance of painted surfaces, unless resulting from
25abatement. The Department may, by rule, establish exemptions or
26alternative requirements for renovations that disturb only

 

 

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1minimal amounts of paint or creates a minimal amount of leaded
2dust, renovations that only disturb paint shown not to be a
3lead-bearing substance through means approved by the
4Department, or renovations performed in response to an
5emergency situation.
6    "Residential building" means any room, group of rooms, or
7other interior areas of a structure designed or used for human
8habitation; common areas accessible by inhabitants; and the
9surrounding property or structures.
10    "Risk assessment" means a questionnaire to be developed by
11the Department for use by physicians and other health care
12providers to determine risk factors for children through 6
13years of age residing in areas designated as low risk for lead
14exposure.
15(Source: P.A. 94-879, eff. 6-20-06.)
 
16    (410 ILCS 45/7.2)  (from Ch. 111 1/2, par. 1307.2)
17    Sec. 7.2. Laboratory fees for blood lead screening; Lead
18Poisoning Fund.
19    (a) The Department may establish fees according to a
20reasonable fee structure to cover the cost of providing a
21testing service for laboratory analysis of blood lead tests and
22any necessary follow-up. Fees collected from the Department's
23testing service shall be placed in a special fund in the State
24treasury known as the Lead Poisoning Screening, Prevention, and
25Abatement Fund. Other State and federal funds for expenses

 

 

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1related to lead poisoning screening, follow-up, treatment, and
2abatement programs may also be placed in the Fund. Moneys shall
3be appropriated from the Fund to the Department of Public
4Health solely for the purposes of providing lead screening,
5follow-up, treatment, or abatement programs or for the
6implementation and enforcement of this Act and treatment
7programs.
8    (b) Any delegate agency may establish fees, according to a
9reasonable fee structure, to cover the costs of drawing blood
10for blood lead screening and any necessary follow-up.
11(Source: P.A. 87-175.)
 
12    (410 ILCS 45/8.1)  (from Ch. 111 1/2, par. 1308.1)
13    Sec. 8.1. Licensing of lead inspectors.
14    (a) By January 1, 1994, the Department shall establish
15standards and licensing procedures for lead inspectors. An
16integral element of these procedures shall be an education and
17training program prescribed by the Department which shall
18include but not be limited to scientific sampling, chemistry,
19and construction techniques. No person shall make inspections
20without first being licensed by the Department, provided that a
21certified renovator testing painted surfaces to be impacted by
22a renovation using methods approved by the Department for use
23by a certified renovator shall not be considered an inspection.
24The penalty for inspection without a license shall be a Class A
25misdemeanor.

 

 

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1    (b) The Department shall charge licensed inspectors
2reasonable license fees and the fees shall be placed in the
3Lead Poisoning Screening, Prevention, and Abatement Fund and
4used to fund the Department's licensing of inspectors and any
5other activities prescribed by this Act. An inspector employed
6by the Department or its delegate agency shall not be charged a
7license fee.
8(Source: P.A. 87-175.)
 
9    (410 ILCS 45/8.2)  (from Ch. 111 1/2, par. 1308.2)
10    Sec. 8.2. Warrant procedures. If the occupant of a
11residential building or dwelling designated for inspection
12under Section 8 refuses to allow inspection, or if an
13individual engaged in renovation or the owner of a building
14undergoing renovation refuses to allow inspection or
15monitoring of the renovation, an agent of the Department or of
16the Department's delegate agency may apply for a search warrant
17to permit entry. A court may issue a warrant upon a showing
18that a victim of lead poisoning resides or has recently resided
19in the residential building or that a renovation is underway or
20has been recently completed. The findings of the inspection
21shall be reported to the Department and to the appropriate
22enforcement authorities established in this Act.
23(Source: P.A. 87-175.)
 
24    (410 ILCS 45/11)  (from Ch. 111 1/2, par. 1311)

 

 

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1    Sec. 11. Manner of mitigation of lead hazards and of
2renovation. All mitigation and renovation shall be
3accomplished in a manner which will not endanger the health or
4well-being of residential building or dwelling unit occupants,
5and will result in the safe removal from the premises, and the
6safe disposition, of flakes, chips, debris, dust, and other
7potentially harmful materials. The Department may establish,
8by rule, work practice requirements for mitigation and
9renovation.
10(Source: P.A. 87-175; 87-1144; 88-670, eff. 12-2-94.)
 
11    (410 ILCS 45/11.01 new)
12    Sec. 11.01. Renovation. All renovation must be performed by
13a certified renovation firm. The certified renovation firm must
14utilize a certified renovator to supervise each renovation and
15all other staff must be certified renovators or trained by a
16certified renovator. The certified renovation firm must follow
17the requirements established by the Department under Section 11
18of this Act, provide notice to the property owners and
19occupants prior to renovation, demonstrate that flakes, chips,
20debris, and dust were removed through means approved by the
21Department, retain for a period of 3 years documentation
22required to demonstrate compliance with this Act, and provide
23notice to the property owner and occupants of the results of
24the renovation. Certified renovation firms shall allow the
25Department or a delegate agency access to renovation job sites

 

 

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1as well as to all documentation required to demonstrate
2compliance for the purposes of inspecting, monitoring, taking
3samples, or assessing compliance with this Act and any
4regulations issued by the Department.
 
5    (410 ILCS 45/11.1)  (from Ch. 111 1/2, par. 1311.1)
6    Sec. 11.1. Licensing of lead abatement contractors, lead
7abatement and workers, certified renovators, and certified
8renovation firms. Except as otherwise provided in this Act,
9performing lead abatement, or mitigation, or renovation
10without a license is a Class A misdemeanor. The Department
11shall provide by rule for the licensing of lead abatement
12contractors, and lead abatement workers, certified renovators,
13and certified renovation firms and shall establish standards
14and procedures for the licensure. The Department may collect a
15reasonable fee for the licenses. The fees shall be deposited
16into the Lead Poisoning Screening, Prevention, and Abatement
17Fund and used by the Department for the costs of licensing lead
18abatement contractors and workers and other activities
19prescribed by this Act.
20    The Department shall promote and encourage minorities and
21females and minority and female owned entities to apply for
22licensure under this Act as either licensed lead abatement
23workers or licensed lead abatement contractors.
24    The Department may adopt any rules necessary to ensure
25proper implementation and administration of this Act and of the

 

 

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1federal Toxic Substances Control Act, 15 USC 2682, and 2684,
2and 2686 and the regulations promulgated thereunder: Lead;
3Requirements for Lead-Based Paint Activities (40 CFR 745). The
4application of this Section shall not be limited to the
5activities taken in regard to lead poisoned children and shall
6include all activities related to lead abatement, mitigation,
7renovation, and training.
8(Source: P.A. 89-381, eff. 8-18-95.)
 
9    (410 ILCS 45/11.2)  (from Ch. 111 1/2, par. 1311.2)
10    Sec. 11.2. Administrative action. Pursuant to the Illinois
11Administrative Procedure Act and rules promulgated thereunder,
12the Department may deny, suspend, or revoke any license if the
13Department finds failure or refusal to comply with provisions
14of this Act or rules promulgated pursuant to the Act.
15    The Department may assess civil penalties against any
16licensed lead worker, licensed lead professional, licensed
17lead contractor, certified renovator, certified renovation
18firm, or approved lead training provider for violations of this
19Act and the rules promulgated hereunder, pursuant to rules for
20penalties established by the Department. Any penalties
21collected shall be deposited into the Lead Poisoning Screening,
22Prevention, and Abatement Fund.
23(Source: P.A. 92-447, eff. 8-21-01.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    410 ILCS 45/2from Ch. 111 1/2, par. 1302
4    410 ILCS 45/7.2from Ch. 111 1/2, par. 1307.2
5    410 ILCS 45/8.1from Ch. 111 1/2, par. 1308.1
6    410 ILCS 45/8.2from Ch. 111 1/2, par. 1308.2
7    410 ILCS 45/11from Ch. 111 1/2, par. 1311
8    410 ILCS 45/11.01 new
9    410 ILCS 45/11.1from Ch. 111 1/2, par. 1311.1
10    410 ILCS 45/11.2from Ch. 111 1/2, par. 1311.2