Bill Text: IL SB1869 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: 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. Sets forth methods by which properties shall be listed on the registry. Sets forth the specific requirements for information that shall be made available for properties included on the registry. Provides that properties shall be removed from the Registry within 3 business days after the Department or delegate agency issues a certificate of compliance. Provides that the Department shall make the Registry available on its website within 90 days after the effective date of the Act. Provides that the Lead-Safe Housing Advisory Council shall develop a distribution plan for the Registry and that the Department shall implement the distribution plan before January 1, 2010. Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2009-03-13 - Rule 3-9(a) / Re-referred to Assignments [SB1869 Detail]

Download: Illinois-2009-SB1869-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB1869 Introduced 2/20/2009, by Sen. Dan Kotowski SYNOPSIS AS INTRODUCED:
410 ILCS 45/9.5 new
410 ILCS 45/11.05
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. Sets forth methods by which properties shall be listed on the registry. Sets forth the specific requirements for information that shall be made available for properties included on the registry. Provides that properties shall be removed from the Registry within 3 business days after the Department or delegate agency issues a certificate of compliance. Provides that the Department shall make the Registry available on its website within 90 days after the effective date of the Act. Provides that the Lead-Safe Housing Advisory Council shall develop a distribution plan for the Registry and that the Department shall implement the distribution plan before January 1, 2010. Effective immediately.
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A BILL FOR
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AN ACT concerning public health.
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
changing Section 11.05 and by adding Section 9.5 as follows:
(410 ILCS 45/9.5 new)
Sec. 9.5. Illinois Lead-Hazardous Housing Registry.
(a) The Department shall create, maintain, and make
available to the public a Lead-Hazardous Housing Registry that
will provide information regarding properties within this
State that have been determined to contain a lead hazard
pursuant to Section 9 of this Act.
Properties shall be listed on the registry as follows:
(1) If the mitigation notice was issued for a dwelling
unit inspected as a result of an elevated blood lead level
in a pregnant woman or a child, the property shall be
listed on the registry 35 days after issuance of the
mitigation notice unless the Department or delegate agency
issues an extension of the deadline pursuant to subsection
(6) of Section 9 of this Act.
(2) In all other cases, the property shall be listed on
the registry 95 days after the issuance of the mitigation
notice unless the Department or delegate agency issues an

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extension of the deadline pursuant to subsection (6) of
Section 9 of this Act.
(3) All properties shall be listed on the registry 180
days after issuance of the mitigation notice regardless of
any extensions granted by the Department or delegate
agencies.
(b) The following information shall be made available for
properties included on the registry:
(1) whether the property is a single family home or
multi-unit dwelling;
(2) street address, including unit or apartment
number, city and county;
(3) date the mitigation notice was issued;
(4) whether a mitigation or abatement plan has been
filed by the property owner pursuant to subsection (4) of
Section 9 of this Act; and
(5) whether the Department has issued a notice of
deficiency pursuant to subsection (7) of Section 9 of this
Act.
(c) Properties shall be removed from the Lead-Hazardous
Registry within 3 business days after the Department or
delegate agency issues a certificate of compliance. Delegate
agencies must inform the Department within 3 business days that
the certificate of compliance has been issued.
(d) The Department shall make the Lead-Hazardous Housing
Registry available on its Internet website within 90 days after

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the effective date of this amendatory Act of the 96th General
Assembly, accessible through a link on the Department's home
page or first entry point. The registry shall be capable of
being searched by city and county.
(e) The Department shall include the required information
for all properties for which a mitigation notice was issued
more than 180 days prior to the effective date of this
amendatory Act of the 96th General Assembly.
(410 ILCS 45/11.05)
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.

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(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

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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

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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.

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(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.
(7) One representative from the Illinois paint and
coatings industry.
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.

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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 develop a distribution plan for
the Lead-Hazardous Housing Registry created pursuant to
Section 9.5 of this Act. The Department shall implement the
distribution plan before January 1, 2010.
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.
(Source: P.A. 93-348, eff. 1-1-04; 93-789, eff. 7-22-04.)
Section 99. Effective date. This Act takes effect upon
becoming law.