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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 |
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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
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Leader of the House of Representatives, and one member |
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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 |
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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 |
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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.
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(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.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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