Illinois Compiled Statutes
Chapter 410 - PUBLIC HEALTH
410 ILCS 43/ - Comprehensive Lead Education, Reduction, and Window Replacement Program Act.

(410 ILCS 43/1)
Sec. 1. Short title. This Act may be cited as the Comprehensive Lead Education, Reduction, and Window Replacement Program Act.

(Source: P.A. 95-492, eff. 1-1-08.)
 
(410 ILCS 43/5)
Sec. 5. Findings; intent; establishment of program.
(a) The General Assembly finds all of the following:
(b) It is the intent of the General Assembly to:
(c) The General Assembly hereby establishes the Comprehensive Lead Education, Reduction, and Window Replacement Program to assist residential property owners through a Lead Direct Assistance Program to reduce lead hazards in
residential properties.
(d) The Department of Public Health is authorized to:
 
(410 ILCS 43/10)
Sec. 10. Definitions. In this Act:
"Advisory Council" refers to the Lead Safe Housing Advisory Council established under Public Act 93-0789.
"Child care facility" means any structure used by a child care
provider licensed by the Department of Children and Family Services or
a public or private school structure frequented by children 6 years of age
or younger.
"Child-occupied property" means a property where a child under 6 years of
age is on the property an average of at least 6 hours per week.
"CLEAR-WIN Program" refers to the Comprehensive Lead Education, Reduction, and Window Replacement Program created pursuant to this Act to assist property owners of single-family homes and multi-unit residential properties in the State through the Direct Assistance Program, which reduces lead paint and leaded plumbing hazards and, where necessary, through other lead hazard control techniques.
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Lead hazard" means a lead-bearing substance that poses an
immediate health hazard to humans.
"Lead Safe Housing Maintenance Standards" refers to the standards developed by the Lead Safe Housing Department in conjunction with the Advisory Council.
"Leaded plumbing" means that portion of a building's potable water
plumbing that is suspected or known to contain lead or lead-containing
material as indicated by lead in potable water samples.
"Low-income" means a household at or below 80% of the median income level for a given county as determined annually by the U.S. Department of Housing and Urban Development.
"Person" means an individual, corporation, partnership, firm,
organization, or association, acting individually or as a group.
"Plumbing" has the meaning ascribed to that term in the Illinois Plumbing Licensing Law.
"Recipient" means a person receiving direct assistance under this Act.
"Residential property" means a single-family residence or
renter-occupied property with up to 8 units.

(Source: P.A. 100-461, eff. 8-25-17.)
 
(410 ILCS 43/15)
Sec. 15. (Repealed).


(Source: P.A. 96-959, eff. 7-1-10. Repealed by P.A. 100-461, eff. 8-25-17.)
 
(410 ILCS 43/16)
Sec. 16. Lead Direct Assistance
Program.
(a) Subject to appropriation, the Department, in consultation with the Advisory Council, shall establish and operate the Lead
Direct Assistance Program throughout the State. The purpose of the Lead
Direct Assistance Program is to employ primary prevention strategies to
prevent childhood lead poisoning.
(b) The Department shall administer the Lead Direct
Assistance Program to remediate lead-based paint hazards and leaded
plumbing hazards in residential properties. Conditions for receiving direct assistance shall be developed by the Department of Public Health, in consultation with the Department of Commerce
and Economic Opportunity and the Illinois Housing Development
Authority. Criteria for receiving direct assistance shall include:
Recipients of direct assistance under this program shall be provided a
copy of the Department's Lead Safe Housing Maintenance Standards. Before receiving the direct assistance, the recipient must certify that he or she has received the standards and intends to comply with them. If the property is a rental property, the recipient must also
certify that he or she will continue to rent to the same tenant or other low-income tenant for a period of not less than 5 years following completion of the work. Failure to comply with the conditions of the Lead
Direct Assistance Program is a violation of this Act.
(c) To
identify properties with lead hazards, the Department may prioritize
properties where at least one child has been found to have an elevated
blood lead level under the Lead Poisoning Prevention Act and the paint or potable water
has been tested and found to contain lead exceeding levels established
by rule.
(d) All lead-based paint hazard control work performed under the Lead Direct
Assistance Program shall comply with the Lead Poisoning Prevention Act
and the Illinois Lead Poisoning Prevention Code. All plumbing work performed under the Lead
Direct Assistance Program shall comply with the Illinois Plumbing
Licensing Act and the Illinois Plumbing Code. Before persons are paid for work conducted under this Act, each subject property must be inspected by a lead risk assessor or lead inspector licensed in Illinois. Prior to payment, an appropriate number of dust samples must be collected from in and around the work areas for lead analysis, with results in compliance with levels set by the Lead Poisoning Prevention Act and the Illinois Lead Poisoning Prevention Code or in the case of
leaded plumbing work, be inspected by an Illinois-certified plumbing
inspector. All costs associated with these inspections, including
laboratory fees, shall be compensable to the person contracted to
provide direct assistance, as prescribed by rule. Additional repairs and clean-up costs associated with a failed clearance test, including follow-up tests, shall be the responsibility of the person
performing the work under the Lead Direct Assistance Program.
(e) The Department shall issue Lead Safe Housing Maintenance Standards in accordance with this Act. Except for properties where all lead-based paint, leaded plumbing, or other
identified lead hazards have been removed, the standards shall describe the responsibilities of property owners and tenants in maintaining lead-safe housing, including, but not limited to, prescribing special cleaning, repair, flushing, filtering, and maintenance necessary to minimize the risk that subject properties will cause lead poisoning in children. Recipients of direct assistance shall be required to continue to maintain their properties in compliance with these Lead Safe Housing Maintenance Standards. Failure to maintain properties in accordance with these standards is a violation and may subject the
recipient to fines and penalties prescribed by rule.
(f) From funds appropriated, the Department may pay its own reasonable administrative costs and, by agreement, the
reasonable administrative costs of other public agencies.
(g) Failure by a person performing work under the Lead
Direct Assistance Program to comply with rules or any contractual
agreement made thereunder may subject the person to administrative
action by the Department or other public agencies, in accordance with rules
adopted under this Act, including, but not limited to, civil penalties,
retainage of payment, and loss of eligibility to participate. Civil
actions, including for reimbursement, damages, and money penalties, and
criminal actions may be brought by the Attorney General or the State's
Attorney for the county in which the violation occurs.

(Source: P.A. 100-461, eff. 8-25-17.)
 
(410 ILCS 43/20)
Sec. 20. Lead abatement training. The Advisory Council shall advise the Department whether a sufficient number of lead abatement training programs exist to serve the State. If the Department determines additional programs are needed, then the Department may
use funds appropriated under this Act to address the deficiencies.

(Source: P.A. 100-461, eff. 8-25-17.)
 
(410 ILCS 43/25)
Sec. 25. Insurance assistance. The Department, through agreements with other public agencies, may
allow for reimbursement of certain insurance costs associated with
persons performing work under the Lead Direct Assistance Program.


(Source: P.A. 100-461, eff. 8-25-17.)
 
(410 ILCS 43/30)
Sec. 30. Advisory Council. The Advisory Council shall assist the Department in developing an annual written report to the Governor and General Assembly on the operation and effectiveness of the CLEAR-WIN Program. The report must evaluate the program's effectiveness on reducing the prevalence of lead poisoning in children. The report also must: (i) contain information about training and
employment associated with persons providing direct assistance work,
(ii) describe the numbers of units in which lead hazards were remediated or leaded plumbing replaced, (iii) specify the type of work completed and the types of dwellings and demographics of persons assisted, (iv) summarize the cost of lead hazard control and CLEAR-WIN Program administration, (v) report on rent increases or decreases in the residential property affected by direct assistance work and rental property ownership changes, (vi) describe any other CLEAR-WIN actions taken by the Department, other public agencies, or the Advisory Council, and (vii) recommend any necessary legislation or rule-making to improve the effectiveness of this Program.

(Source: P.A. 100-461, eff. 8-25-17.)

Structure Illinois Compiled Statutes