HB4969 97TH GENERAL ASSEMBLY

LRB097 16026 RPM 61177 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public 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 2, 7.2, 8.1, 8.2, 11, 11.1, and 11.2 and by adding Section 11.01 as follows:

(410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)

Sec. 2. Definitions. As used in this Act:

"Abatement" means the removal or encapsulation of all leadbearing substances in a residential building, child-occupied facility, or dwelling unit.

"Certified renovator" means any person employed by a certified renovation firm and licensed by the Department to perform renovation.

"Certified renovation firm" means any person or entity licensed by the Department to perform renovation.

"Child care facility" means any structure used by a child care provider licensed by the Department of Children and Family Services or public school structure frequented by children through 6 years of age.

"Child-occupied facility" means a structure or portion of a structure constructed prior to 1978, visited regularly by the same child, 6 years of age or younger, as defined by the Department in regulation.

"Delegate agency" means a unit of local government or health department approved by the Department to carry out the provisions of this Act.

"Department" means the Department of Public Health of the State of Illinois.

"Dwelling" means any structure all or part of which is designed or used for human habitation.

"High risk area" means an area in the State determined by the Department to be high risk for lead exposure for children through 6 years of age. The Department shall consider, but not be limited to, the following factors to determine a high risk area: age and condition (using Department of Housing and Urban Development definitions of "slum" and "blighted") of housing, proximity to highway traffic or heavy local traffic or both, percentage of housing determined as rental or vacant, proximity to industry using lead, established incidence of elevated blood lead levels in children, percentage of population living below 200% of federal poverty guidelines, and number of children residing in the area who are 6 years of age or younger.

"Exposed surface" means any interior or exterior surface of a dwelling or residential building.

"Lead abatement contractor" means any person or entity licensed by the Department to perform lead abatement and mitigation.

"Lead abatement worker" means any person employed by a lead abatement contractor and licensed by the Department to perform lead abatement and mitigation.

"Lead bearing substance" means any item containing or coated with lead such that the lead content is more than six-hundredths of one percent (0.06%) lead by total weight; or any dust on surfaces or in furniture or other nonpermanent elements of the dwelling; or any paint or other surface coating material containing more than five-tenths of one percent (0.5%) lead by total weight (calculated as lead metal) in the total non-volatile content of liquid paint; or lead bearing substances containing greater than one milligram per square centimeter or any lower standard for lead content in residential paint as may be established by federal law or regulation; or more than 1 milligram per square centimeter in the dried film of paint or previously applied substance; or item or dust on item containing lead in excess of the amount specified in the rules and regulations authorized by this Act or a lower standard for lead content as may be established by federal law or regulation. "Lead bearing substance" does not include firearm ammunition or components as defined by the Firearm Owners Identification Card Act.

"Lead hazard" means a lead bearing substance that poses an immediate health hazard to humans.

"Lead poisoning" means the condition of having blood lead levels in excess of those considered safe under State and federal rules and regulations.

"Low risk area" means an area in the State determined by the Department to be low risk for lead exposure for children through 6 years of age. The Department shall consider the factors named in "high risk area" to determine low risk areas.

"Mitigation" means the remediation, in a manner described in Section 9, of a lead hazard so that the lead bearing substance does not pose an immediate health hazard to humans.

"Owner" means any person, who alone, jointly, or severally with others:

(a) Has legal title to any dwelling or residential building, with or without accompanying actual possession of the dwelling or residential building, or

(b) Has charge, care or control of the dwelling or residential building as owner or agent of the owner, or as executor, administrator, trustee, or guardian of the estate of the owner.

"Person" means any one or more natural persons, legal entities, governmental bodies, or any combination.

"Renovation" means the modification of any existing dwelling, residential building, or child-occupied facility (or in any building being converted into a dwelling, residential building, or child-occupied facility) built prior to 1978, or portion thereof, performed for compensation, which results in the disturbance of painted surfaces, unless resulting from abatement. The Department may, by rule, establish exemptions or alternative requirements for renovations that disturb only minimal amounts of paint or creates a minimal amount of leaded dust, renovations that only disturb paint shown not to be a lead-bearing substance through means approved by the Department, or renovations performed in response to an emergency situation.

"Residential building" means any room, group of rooms, or other interior areas of a structure designed or used for human habitation; common areas accessible by inhabitants; and the surrounding property or structures.

"Risk assessment" means a questionnaire to be developed by the Department for use by physicians and other health care providers to determine risk factors for children through 6 years of age residing in areas designated as low risk for lead exposure.

(Source: P.A. 94-879, eff. 6-20-06.)

(410 ILCS 45/7.2) (from Ch. 111 1/2, par. 1307.2)

Sec. 7.2. Laboratory fees for blood lead screening; Lead Poisoning Fund.

(a) The Department may establish fees according to a reasonable fee structure to cover the cost of providing a testing service for laboratory analysis of blood lead tests and any necessary follow-up. Fees collected from the Department's testing service shall be placed in a special fund in the State treasury known as the Lead Poisoning Screening, Prevention, and Abatement Fund. Other State and federal funds for expenses related to lead poisoning screening, follow-up, treatment, and abatement programs may also be placed in the Fund. Moneys shall be appropriated from the Fund to the Department of Public Health solely for the purposes of providing lead screening, follow-up, treatment, or abatement programs or for the implementation and enforcement of this Act and treatment programs.

(b) Any delegate agency may establish fees, according to a reasonable fee structure, to cover the costs of drawing blood for blood lead screening and any necessary follow-up.

(Source: P.A. 87-175.)

(410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1)

Sec. 8.1. Licensing of lead inspectors.

(a) By January 1, 1994, the Department shall establish standards and licensing procedures for lead inspectors. An integral element of these procedures shall be an education and training program prescribed by the Department which shall include but not be limited to scientific sampling, chemistry, and construction techniques. No person shall make inspections without first being licensed by the Department, provided 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. The penalty for inspection without a license shall be a Class A misdemeanor.

(b) The Department shall charge licensed inspectors reasonable license fees and the fees shall be placed in the Lead Poisoning Screening, Prevention, and Abatement Fund and used to fund the Department's licensing of inspectors and any other activities prescribed by this Act. An inspector employed by the Department or its delegate agency shall not be charged a license fee.

(Source: P.A. 87-175.)

(410 ILCS 45/8.2) (from Ch. 111 1/2, par. 1308.2)

Sec. 8.2. Warrant procedures. If the occupant of a residential building or dwelling designated for inspection under Section 8 refuses to allow inspection, or if an individual engaged in renovation or the owner of a building undergoing renovation refuses to allow inspection or monitoring of the renovation, an agent of the Department or of the Department's delegate agency may apply for a search warrant to permit entry. A court may issue a warrant upon a showing that a victim of lead poisoning resides or has recently resided in the residential building or that a renovation is underway or has been recently completed. The findings of the inspection shall be reported to the Department and to the appropriate enforcement authorities established in this Act.

(Source: P.A. 87-175.)

(410 ILCS 45/11) (from Ch. 111 1/2, par. 1311)

Sec. 11. Manner of mitigation of lead hazards and of renovation. All mitigation and renovation shall be accomplished in a manner which will not endanger the health or well-being of residential building or dwelling unit occupants, and will result in the safe removal from the premises, and the safe disposition, of flakes, chips, debris, dust, and other potentially harmful materials. The Department may establish, by rule, work practice requirements for mitigation and renovation.

(Source: P.A. 87-175; 87-1144; 88-670, eff. 12-2-94.)

(410 ILCS 45/11.01 new)

Sec. 11.01. Renovation. All renovation must be performed by a certified renovation firm. 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. The certified renovation firm must follow the requirements established by the Department under Section 11 of this Act, provide notice to the property owners and occupants prior to renovation, demonstrate that flakes, chips, debris, and dust were removed through means approved by the Department, retain for a period of 3 years documentation required to demonstrate compliance with this Act, and provide notice to the property owner and occupants of the results of the renovation. Certified renovation firms shall allow the Department or a delegate agency access to renovation job sites as well as to all documentation required to demonstrate compliance for the purposes of inspecting, monitoring, taking samples, or assessing compliance with this Act and any regulations issued by the Department.

(410 ILCS 45/11.1) (from Ch. 111 1/2, par. 1311.1)

Sec. 11.1. Licensing of lead abatement contractors, lead abatement and workers, certified renovators, and certified renovation firms. Except as otherwise provided in this Act, performing lead abatement, or mitigation, or renovation without a license is a Class A misdemeanor. The Department shall provide by rule for the licensing of lead abatement contractors, and lead abatement workers, certified renovators, and certified renovation firms and shall establish standards and procedures for the licensure. The Department may collect a reasonable fee for the licenses. The fees shall be deposited into the Lead Poisoning Screening, Prevention, and Abatement Fund and used by the Department for the costs of licensing lead abatement contractors and workers and other activities prescribed by this Act.

The Department shall promote and encourage minorities and females and minority and female owned entities to apply for licensure under this Act as either licensed lead abatement workers or licensed lead abatement contractors.

The Department may adopt any rules necessary to ensure proper implementation and administration of this Act and of the federal Toxic Substances Control Act, 15 USC 2682, and 2684, and 2686 and the regulations promulgated thereunder: Lead; Requirements for Lead-Based Paint Activities (40 CFR 745). The application of this Section shall not be limited to the activities taken in regard to lead poisoned children and shall include all activities related to lead abatement, mitigation, renovation, and training.

(Source: P.A. 89-381, eff. 8-18-95.)

(410 ILCS 45/11.2) (from Ch. 111 1/2, par. 1311.2)

Sec. 11.2. Administrative action. Pursuant to the Illinois Administrative Procedure Act and rules promulgated thereunder, the Department may deny, suspend, or revoke any license if the Department finds failure or refusal to comply with provisions of this Act or rules promulgated pursuant to the Act.

The Department may assess civil penalties against any licensed lead worker, licensed lead professional, licensed lead contractor, certified renovator, certified renovation firm, or approved lead training provider for violations of this Act and the rules promulgated hereunder, pursuant to rules for penalties established by the Department. Any penalties collected shall be deposited into the Lead Poisoning Screening, Prevention, and Abatement Fund.

(Source: P.A. 92-447, eff. 8-21-01.)