Bill Text: IL HB4274 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Amends the Illinois Municipal Code if and only if House Bill 106 of the 102nd General Assembly becomes law in the form in which it passed both houses on October 28, 2021. Allows the Minority Leader of the House of Representatives and the Minority Leader of the Senate to appoint one member each to an advisory committee that determines which homes contain windows or doors that cause offensive odors and are eligible for replacement pursuant to the Residential Sound Insulation Program. Effective immediately or the date that House Bill 106 takes effect, whichever is later.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed - Dead) 2022-10-21 - Alternate Chief Sponsor Changed to Sen. Don Harmon [HB4274 Detail]

Download: Illinois-2021-HB4274-Engrossed.html

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HB4274 Engrossed LRB102 21878 AWJ 30999 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. If and only if House Bill 106 of the 102nd
General Assembly becomes law in the form in which it passed
both houses on October 28, 2021, then 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

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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 as an interim solution or partial
replacement that failed to mitigate, in whole or in part, an
odorous or malfunctioning window shall not be disqualified
from compensation or future services. Residents who have
altered or modified a replacement window or accepted a
replacement screen for the window as an interim solution or
partial replacement who apply for future mitigation services
shall be sequenced in the ordinary course of the Program upon a
finding of eligibility. 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

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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

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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, 1 member appointed by the Minority
Leader of the House of Representatives, and 1 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

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demonstrated extreme hardship, except when at least 10% of the
number of applicants eligible to receive a replacement fail to
demonstrate 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 concerning the Residential
Sound Insulation Program 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

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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;

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101-636, eff. 6-10-20; 102-558, eff. 8-20-21; 10200HB0106.)
Section 99. Effective date. This Act takes effect upon
becoming law or on the date House Bill 106 of the 102nd General
Assembly takes effect, whichever is later.