Public Act 103-0200
 
HB3722 EnrolledLRB103 25737 AWJ 52086 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Illinois Municipal Code is amended by 
changing Section 11-101-3 as follows:
 
    (65 ILCS 5/11-101-3)
    Sec. 11-101-3. Noise mitigation; air quality.
    (a) A municipality that has implemented a Residential 
Sound Insulation Program to mitigate aircraft noise shall 
perform indoor air quality monitoring and laboratory analysis 
of windows and doors installed pursuant to the Residential 
Sound Insulation Program to determine whether there are any 
adverse health impacts associated with off-gassing from such 
windows and doors. Such monitoring and analysis shall be 
consistent with applicable professional and industry 
standards. The municipality shall make any final reports 
resulting from such monitoring and analysis available to the 
public on the municipality's website. The municipality shall 
develop a science-based mitigation plan to address significant 
health-related impacts, if any, associated with such windows 
and doors as determined by the results of the monitoring and 
analysis. In a municipality that has implemented a Residential 
Sound Insulation Program to mitigate aircraft noise, if 
requested by the homeowner pursuant to a process established 
by the municipality, which process shall include, at a 
minimum, notification in a newspaper of general circulation 
and a mailer sent to every address identified as a recipient of 
windows and doors installed under the Residential Sound 
Insulation Program, the municipality shall replace all windows 
and doors installed under the Residential Sound Insulation 
Program in such homes where one or more windows or doors have 
been found to have caused offensive odors. Subject to 
appropriation, the municipality shall replace windows and 
doors in at least 750 residences a year. Residents who altered 
or modified a replacement window or accepted a replacement 
screen for the window shall not be disqualified from 
compensation or future services.  Only those homeowners who 
request that the municipality perform an odor inspection as 
prescribed by the process established by the municipality 
within 6 months of notification being published and mailers 
being sent shall be eligible for odorous window and odorous 
door replacement. Residents who are eligible to receive 
replacement windows shall be allowed to choose the color and 
type of replacement window. 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. Homes that 
have been identified by the municipality as having odorous 
windows or doors are not required to make said request to the 
municipality.  The right to make a claim for replacement and 
have it considered pursuant to this Section shall not be 
affected by the fact of odor-related claims made or 
odor-related products received pursuant to the Residential 
Sound Insulation Program prior to June 5, 2019 (the effective 
date of this Section). The municipality shall also perform 
in-home air quality testing in residences in which windows and 
doors are replaced under this Section. In order to receive 
in-home air quality testing, a homeowner must request such 
testing from the municipality, and the total number of homes 
tested in any given year shall not exceed 25% of the total 
number of homes in which windows and doors were replaced under 
this Section in the prior calendar year. 
    (b) An advisory committee shall be formed, composed of the 
following: (i) 2 members of the municipality who reside in 
homes that have received windows or doors pursuant to the 
Residential Sound Insulation Program and have been identified 
by the municipality as having odorous windows or doors, 
appointed by the Secretary of Transportation; (ii) one 
employee of the Aeronautics Division of the Department of 
Transportation; (iii) 2 employees of the municipality that 
implemented the Residential Sound Insulation Program in 
question; and (iv) 2 members appointed by the Speaker of the 
House of Representatives, and 2 members appointed by the 
President of the Senate, one member appointed by the Minority

Leader of the House of Representatives, and one member 
appointed
by the Minority Leader of the Senate. The advisory 
committee shall determine by majority vote which homes contain 
windows or doors that cause offensive odors and thus are 
eligible for replacement, shall promulgate a list of such 
homes, and shall develop recommendations as to the order in 
which homes are to receive window replacement. The 
recommendations shall include reasonable and objective 
criteria for determining which windows or doors are odorous, 
consideration of the date of odor confirmation for 
prioritization, severity of odor, geography and individual 
hardship, and shall provide such recommendations to the 
municipality. The advisory committee shall develop a process 
in which homeowners can demonstrate extreme hardship. As used 
in this subsection, "extreme hardship" means: liquid 
infiltration of the window or door; health and medical 
condition of the resident; and residents with sensitivities 
related to smell. At least 10% of the homes receiving a 
replacement in a year shall be homes that have demonstrated 
extreme hardship.  The advisory committee shall compile a 
report demonstrating: (i) the number of homes in line to 
receive a replacement; (ii) the number of homes that received 
replacement windows or doors, or both; (iii) the number of 
homes that received financial compensation instead of a 
replacement; and (iv) the number of homes with confirmed 
mechanical issues. Until December 31, 2022, the report shall 
be compiled complied monthly, after December 31, 2022, the 
report shall be complied quarterly. The advisory committee 
shall accept all public questions and furnish a written 
response within 2 business days. The advisory committee shall 
comply with the requirements of the Open Meetings Act. The 
Chicago Department of Aviation shall provide administrative 
support to the committee. The municipality shall consider the 
recommendations of the committee but shall retain final 
decision-making authority over replacement of windows and 
doors installed under the Residential Sound Insulation 
Program, and shall comply with all federal, State, and local 
laws involving procurement. A municipality administering 
claims pursuant to this Section shall provide to every address 
identified as having submitted a valid claim under this 
Section a quarterly report setting forth the municipality's 
activities undertaken pursuant to this Section for that 
quarter. However, the municipality shall replace windows and 
doors pursuant to this Section only if, and to the extent, 
grants are distributed to, and received by, the municipality 
from the Sound-Reducing Windows and Doors Replacement Fund for 
the costs associated with the replacement of sound-reducing 
windows and doors installed under the Residential Sound 
Insulation Program pursuant to Section 6z-20.1 of the State 
Finance Act.  In addition, the municipality shall revise its 
specifications for procurement of windows for the Residential 
Sound Insulation Program to address potential off-gassing from 
such windows in future phases of the program. A municipality 
subject to the Section shall not legislate or otherwise 
regulate with regard to indoor air quality monitoring, 
laboratory analysis or replacement requirements, except as 
provided in this Section, but the foregoing restriction shall 
not limit said municipality's taxing power.
    (c) A home rule unit may not regulate indoor air quality 
monitoring and laboratory analysis, and related mitigation and 
mitigation plans, in a manner inconsistent with this Section. 
This Section is a limitation of home rule powers and functions 
under subsection (i) of Section 6 of Article VII of the 
Illinois Constitution on the concurrent exercise by home rule 
units of powers and functions exercised by the State.
    (d) This Section shall not be construed to create a 
private right of action.

(Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19; 
101-636, eff. 6-10-20; 102-558, eff. 8-20-21; 102-678, eff. 
12-10-21.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.