Public Act 93-0348
HB3229 Enrolled LRB093 11083 MBS 12133 b
AN ACT concerning environmental protection.
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 adding Section 11.05 as follows:
(410 ILCS 45/11.05 new)
Sec. 11.05. Advisory Council.
(a) The General Assembly finds the following:
(1) Lead-based paint poisoning is a potentially
devastating but preventable disease and is the number one
environmental threat to children's health in the United
States.
(2) The number of lead-poisoned children in
Illinois is among the highest in the nation, especially
in older, affordable properties.
(3) Lead poisoning causes irreversible damage to
the development of a child's nervous system. Even at low
and moderate levels, lead poisoning causes learning
disabilities, speech problems, shortened attention span,
hyperactivity, and behavioral problems. Recent research
links high levels of lead exposure to lower IQ scores and
to juvenile delinquency.
(4) Older housing is the number one risk factor for
childhood lead poisoning. Properties built before 1950
are statistically much more likely to contain lead-based
paint hazards than buildings constructed more recently.
(5) Illinois ranks 10th out of the 50 states in the
age of its housing stock. More than 50% of the housing
units in Chicago and in Rock Island, Peoria, Macon,
Madison, and Kankakee counties were built before 1960 and
more than 43% of the housing units in St. Clair,
Winnebago, Sangamon, Kane, and Cook counties were built
before 1950.
(6) There are nearly 1.4 million households with
lead-based paint hazards in Illinois.
(7) Most children are lead-poisoned in their own
homes through exposure to lead dust from deteriorated
lead-paint surfaces, like windows, and when lead paint
deteriorates or is disturbed through home renovation and
repainting.
(8) The control of lead hazards significantly
reduces lead poisoning rates. Other communities,
including New York City and Milwaukee, have successfully
reduced lead poisoning rates by removing lead-based paint
hazards on windows.
(9) Windows are considered a higher lead exposure
risk more often than other components in a housing unit.
Windows are a major contributor of lead dust in the home,
due to both weathering conditions and friction effects on
paint.
(10) There is an insufficient pool of licensed lead
abatement workers and contractors to address the problem
in some areas of the State.
(11) Training, insurance, and licensing costs for
lead removal workers are prohibitively high.
(12) Through grants from the United States
Department of Housing and Urban Development, some
communities in Illinois have begun to reduce lead
poisoning of children. While this is an ongoing effort,
it addresses only a small number of the low-income
children statewide in communities with high levels of
lead paint in the housing stock.
(b) For purposes of this Section:
"Advisory Council" means the Lead-Safe Housing Advisory
Council created under subsection (c).
"Lead-Safe Housing Maintenance Standards" or "Standards"
means standards developed by the Advisory Council pursuant to
this Section.
"Low-income" means a household at or below 80% of the
median income level for a given county as determined annually
by the United States Department of Housing and Urban
Development.
"Primary prevention" means removing lead hazards before a
child is poisoned rather than relying on identification of a
lead poisoned child as the triggering event.
(c) The Lead-Safe Housing Advisory Council is created to
advise the Department on lead poisoning prevention
activities. The Advisory Council shall be chaired by the
Director or his or her designee and the chair of the Illinois
Lead Safe Housing Task Force and provided with administrative
support by the Department. The Advisory Council shall be
comprised of (i) the directors, or their designees, of the
Illinois Housing Development Authority and the Environmental
Protection Agency; and (ii) the directors, or their
designees, of public health departments of counties
identified by the Department that contain communities with a
concentration of high-risk, lead-contaminated properties.
The Advisory Council shall also include the following
members appointed by the Governor:
(1) One representative from the Illinois
Association of Realtors.
(2) One representative from the insurance industry.
(3) Two pediatricians or other physicians with
knowledge of lead-paint poisoning.
(4) Two representatives from the private-sector,
lead-based-paint-abatement industry who are licensed in
Illinois as an abatement contractor, worker, or risk
assessor.
(5) Two representatives from community based
organizations in communities with a concentration of high
risk lead contaminated properties. High-risk communities
shall be identified based upon the prevalence of
low-income families whose children are lead poisoned and
the age of the housing stock.
(6) At least 3 lead-safe housing advocates,
including (i) the parent of a lead-poisoned child,
(ii) a representative from a child advocacy
organization, and (iii) a representative from a tenant
housing organization.
Within 9 months after its formation, the Advisory Council
shall submit a written report to the Governor and the General
Assembly on:
(1) developing a primary prevention program for
addressing lead poisoning;
(2) developing a sufficient pool of lead abatement
workers and contractors;
(3) targeting blood lead screening to children
residing in high-risk buildings and neighborhoods;
(4) ensuring lead-safe work practices in all
remodeling, rehabilitation, and weatherization work;
(5) funding mechanisms to assist residential
property owners in costs of lead abatement and
mitigation;
(6) providing insurance subsidies to licensed lead
abatement contractors who target their work to high-risk
communities; and
(7) developing any necessary legislation or
rulemaking to improve the effectiveness of State and
local programs in lead abatement and other prevention and
control activities.
The Advisory Council shall develop handbooks and training
for property owners and tenants explaining the Standards and
State and federal requirements for lead-safe housing.
The Advisory Council shall meet at least quarterly. Its
members shall receive no compensation for their services, but
their reasonable travel expenses actually incurred shall be
reimbursed by the Department.