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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5790
Introduced , by Rep. Harry Osterman SYNOPSIS AS INTRODUCED: |
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410 ILCS 45/9.5 new |
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410 ILCS 45/11.05 |
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Amends the Lead Poisoning Prevention Act. Provides that the Department of Public Health shall create, maintain, and make available to the public a Hazardous Housing Registry that will provide information regarding all properties within the State for which a mitigation notice has been issued pursuant to this Act. Provides that the property shall remain on the registry until the Department issues a certificate of compliance. Sets forth the specific requirements for information that shall be made available for properties included on the registry. Provides that the Department shall make the Hazardous Housing Registry available on its Internet website, accessible through a link on the Department's home page or first entry point. Provides that the Department shall include the required information for all housing for which a mitigation notice was issued prior to the effective date of the Act. Provides that the Lead-Safe Housing Advisory
Council shall develop a distribution plan for the Hazardous Housing Registry created pursuant to the Act and that the Department shall implement the distribution plan before January 1, 2009. Effective immediately.
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A BILL FOR
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HB5790 |
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LRB095 19800 KBJ 46187 b |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Lead Poisoning Prevention Act is amended by |
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| changing Section 11.05 and by adding Section 9.5 as follows: |
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| (410 ILCS 45/9.5 new) |
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| Sec. 9.5. Illinois Hazardous Housing Registry. |
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| (a) The Department shall create, maintain, and make |
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| available to the public a Hazardous Housing Registry that will |
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| provide information regarding all properties within this State |
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| for which a mitigation notice has been issued pursuant to |
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| Section 9 of this Act. The property shall remain on the |
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| registry until the Department issues a certificate of |
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| compliance pursuant to subsection (7) of Section 9 of this Act. |
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| (b) The following information shall be made available for |
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| properties included on the registry: |
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| (1) whether the property is a single family home or |
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| multi-unit dwelling; |
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| (2) street address, including unit or apartment |
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| number, city and county; |
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| (3) date the mitigation notice was issued; |
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| (4) the dates of any deadline extensions issued by the |
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| Department or its delegate agencies pursuant to subsection |
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HB5790 |
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LRB095 19800 KBJ 46187 b |
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| (6) of Section 9 of this Act; |
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| (5) whether a mitigation or abatement plan has been |
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| filed by the property owner pursuant to subsection (4) of |
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| Section 9 of this Act; and |
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| (6) whether the Department has issued a notice of |
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| deficiency pursuant to subsection (7) of Section 9 of this |
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| Act. |
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| (c) Properties shall be added to and removed from the |
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| Hazardous Housing Registry as follows: |
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| (1) Properties shall be added to the registry within 3 |
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| business days of the date the mitigation notice is issued |
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| by the Department. |
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| (2) A property shall be removed from the registry upon |
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| issuance of the certificate of compliance by the |
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| Department. |
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| (d) The Department shall make the Hazardous Housing |
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| Registry available on its Internet website, accessible through |
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| a link on the Department's home page or first entry point. The |
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| registry shall be capable of being searched by city and county. |
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| (e) The Department shall include the required information |
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| for all housing for which a mitigation notice was issued prior |
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| to the effective date of this amendatory Act of the 95th |
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| General Assembly.
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| (410 ILCS 45/11.05)
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| Sec. 11.05. Advisory Council.
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| (a) The General Assembly finds the following:
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| (1) Lead-based paint poisoning is a potentially |
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| devastating
but preventable disease and is the number one
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| environmental threat to children's health in the United
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| States.
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| (2) The number of lead-poisoned children in Illinois is |
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| among
the highest in the nation, especially in older, |
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| affordable
properties.
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| (3) Lead poisoning causes irreversible damage to the
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| development of a child's nervous system. Even at low and
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| moderate levels, lead poisoning causes learning
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| disabilities, speech problems, shortened attention span,
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| hyperactivity, and behavioral problems. Recent research
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| links high levels of lead exposure to lower IQ scores and
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| to juvenile delinquency.
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| (4) Older housing is the number one risk factor for |
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| childhood
lead poisoning. Properties built before 1950 are
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| statistically much more likely to contain lead-based paint
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| hazards than buildings constructed more recently.
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| (5) Illinois ranks 10th out of the 50 states in
the age |
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| of its housing stock. More than 50% of the
housing units in |
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| Chicago and in Rock Island, Peoria,
Macon, Madison, and |
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| Kankakee counties were built before
1960 and more than 43% |
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| of the housing units in St. Clair,
Winnebago, Sangamon, |
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| Kane, and Cook counties were built
before 1950.
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| (6) There are nearly 1.4 million households with |
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| lead-based
paint hazards in Illinois.
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| (7) Most children are lead-poisoned in their own homes
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| through exposure to lead dust from deteriorated lead-paint
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| surfaces, like windows, and when lead paint deteriorates or
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| is disturbed through home renovation and repainting.
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| (8) The control of lead hazards significantly reduces |
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| lead poisoning
rates. Other communities, including New |
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| York City
and Milwaukee, have successfully reduced lead |
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| poisoning
rates by removing lead-based paint hazards on |
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| windows.
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| (9) Windows are considered a higher lead exposure risk
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| more often than other components in a housing unit. Windows
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| are a major contributor of lead dust in the home, due to
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| both weathering conditions and friction effects on paint.
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| (10) There is an insufficient pool of licensed lead
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| abatement workers and contractors to address the problem in
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| some areas of the State.
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| (11) Training, insurance, and licensing costs for lead
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| removal workers are prohibitively high.
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| (12) Through grants from the United States Department |
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| of Housing and
Urban Development, some communities in |
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| Illinois have begun
to reduce lead poisoning of children. |
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| While this is an
ongoing effort, it addresses only a small |
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| number of the
low-income children statewide in communities |
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| with high
levels of lead paint in the housing stock.
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| (b) For purposes of this Section:
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| "Advisory Council" means the Lead-Safe Housing Advisory
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| Council created under subsection (c).
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| "Lead-Safe Housing Maintenance Standards" or "Standards"
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| means standards developed by the Advisory Council pursuant
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| this Section.
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| "Low-income" means a household at or below 80% of the |
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| median
income level for a given county as determined annually |
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| by
the United States Department of Housing and Urban
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| Development.
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| "Primary prevention" means removing lead hazards before a |
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| child is
poisoned
rather than relying on identification of a |
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| lead poisoned child as the
triggering event.
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| (c) The Lead-Safe Housing Advisory
Council is created to |
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| advise the Department on lead poisoning prevention
activities. |
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| The Advisory Council shall be
chaired by the Director or his or |
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| her designee and the chair of the Illinois
Lead Safe Housing |
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| Task Force and provided with administrative support by the
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| Department. The Advisory Council shall be comprised of (i) the |
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| directors, or
their designees, of the Illinois Housing |
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| Development Authority and the
Environmental Protection Agency; |
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| and (ii) the directors, or their designees,
of public health |
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| departments of counties identified by the Department that
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| contain communities with a concentration of
high-risk, |
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| lead-contaminated properties.
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| The Advisory Council shall also include the following |
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| members appointed by
the Governor:
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| (1) One representative from the Illinois Association |
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| of Realtors.
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| (2) One representative from the insurance industry.
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| (3) Two pediatricians or other physicians with
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| knowledge of lead-paint poisoning.
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| (4) Two representatives from the private-sector,
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| lead-based-paint-abatement
industry who are licensed in
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| Illinois as an abatement contractor,
worker, or risk |
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| assessor.
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| (5) Two representatives from community based |
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| organizations in
communities with a concentration of high |
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| risk lead contaminated properties.
High-risk
communities |
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| shall be identified based upon the prevalence of low-income
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| families whose
children are lead poisoned and the age of |
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| the housing stock.
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| (6) At least 3 lead-safe housing advocates, including
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| (i) the parent of a lead-poisoned child, (ii) a
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| representative from a child advocacy organization,
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| (iii) a representative from a tenant housing
organization.
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| (7) One representative from the Illinois paint and |
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| coatings industry. |
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| Within 9 months after its
formation, the Advisory Council
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| shall submit a written report to the Governor and the General |
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| Assembly on:
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| (1) developing a primary prevention program for |
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| addressing lead
poisoning;
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| (2) developing a sufficient pool of lead abatement |
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| workers and
contractors;
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| (3) targeting blood lead screening to children |
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| residing in high-risk
buildings and neighborhoods;
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| (4) ensuring lead-safe work practices in all |
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| remodeling, rehabilitation,
and weatherization work;
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| (5) funding mechanisms to assist residential property |
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| owners in costs of
lead abatement and mitigation;
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| (6) providing insurance subsidies to licensed lead |
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| abatement contractors
who target their work to high-risk |
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| communities; and
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| (7) developing any necessary legislation or rulemaking |
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| to improve the
effectiveness of State and local programs in |
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| lead abatement and other
prevention and control |
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| activities.
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| The Advisory Council shall develop handbooks and training |
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| for property owners
and tenants
explaining the Standards and |
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| State and federal requirements for
lead-safe housing.
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| The Advisory Council shall develop a distribution plan for |
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| the Hazardous Housing Registry created pursuant to Section 9.5 |
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| of this Act. The Department shall implement the distribution |
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| plan before January 1, 2009. |
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| The Advisory Council shall meet at least quarterly. Its |
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| members shall
receive no compensation for
their services, but |
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| their reasonable travel expenses actually incurred shall be
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| reimbursed by the Department.
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