MUNI CD-SOUND INSULATION ODOR

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SB2754 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2754

Introduced 1/13/2026, by Sen. Mike Porfirio

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-101-3

Amends the Illinois Municipal Code. Provides that a municipality that
has implemented a Residential Sound Insulation Program to mitigate
aircraft noise shall replace all windows and doors in homes where
defective products were found to have caused offensive odors prior the
initiation of the Residential Sound Insulation Program. Provides that
airport revenue funds shall not be used to replace any windows or doors in
homes where later testing done as part of the Residential Sound Insulation
Program found no offensive odor.
LRB104 16560 RTM 29958 b

A BILL FOR

SB2754
LRB104 16560 RTM 29958 b
1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Municipal Code is amended by
5
changing Section 11-101-3 as follows:

6

(65 ILCS 5/11-101-3)
7

Sec. 11-101-3.
Noise mitigation; air quality.
8

(a) A municipality that has implemented a Residential
9
Sound Insulation Program to mitigate aircraft noise shall
10
perform indoor air quality monitoring and laboratory analysis
11
of windows and doors installed pursuant to the Residential
12
Sound Insulation Program to determine whether there are any
13
adverse health impacts associated with off-gassing from such
14
windows and doors. Such monitoring and analysis shall be
15
consistent with applicable professional and industry
16
standards. The municipality shall make any final reports
17
resulting from such monitoring and analysis available to the
18
public on the municipality's website. The municipality shall
19
develop a science-based mitigation plan to address significant
20
health-related impacts, if any, associated with such windows
21
and doors as determined by the results of the monitoring and
22
analysis. In a municipality that has implemented a Residential
23
Sound Insulation Program to mitigate aircraft noise, if

SB2754
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LRB104 16560 RTM 29958 b
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requested by the homeowner pursuant to a process established
2
by the municipality, which process shall include, at a
3
minimum, notification in a newspaper of general circulation
4
and a mailer sent to every address identified as a recipient of
5
windows and doors installed under the Residential Sound
6
Insulation Program, the municipality shall replace all windows
7
and doors installed under the Residential Sound Insulation
8
Program in such homes where one or more windows or doors have
9
been found to have caused offensive odors
, including in homes
10
where defective products were found to have caused offensive
11
odors prior to the initiation of the Residential Sound
12
Insulation Program. However, airport revenue funds shall not
13
be used to replace any windows or doors in homes where later
14
testing done as part of the Residential Sound Insulation
15
Program found no offensive odor
. Subject to appropriation, the
16
municipality shall replace windows and doors in at least 750
17
residences a year. Residents who altered or modified a
18
replacement window or accepted a replacement screen for the
19
window shall not be disqualified from compensation or future
20
services. Only those homeowners who request that the
21
municipality perform an odor inspection as prescribed by the
22
process established by the municipality within 6 months of
23
notification being published and mailers being sent shall be
24
eligible for odorous window and odorous door replacement.
25
Residents who are eligible to receive replacement windows
26
shall be allowed to choose the color and type of replacement

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LRB104 16560 RTM 29958 b
1
window. For purposes of aiding in the selection of such
2
replacement windows, a showcase and display of available
3
replacement window types shall be established and located at
4
Chicago Midway International Airport. Homes that have been
5
identified by the municipality as having odorous windows or
6
doors are not required to make said request to the
7
municipality. The right to make a claim for replacement and
8
have it considered pursuant to this Section shall not be
9
affected by the fact of odor-related claims made or
10
odor-related products received pursuant to the Residential
11
Sound Insulation Program prior to June 5, 2019 (the effective
12
date of this Section). The municipality shall also perform
13
in-home air quality testing in residences in which windows and
14
doors are replaced under this Section. In order to receive
15
in-home air quality testing, a homeowner must request such
16
testing from the municipality, and the total number of homes
17
tested in any given year shall not exceed 25% of the total
18
number of homes in which windows and doors were replaced under
19
this Section in the prior calendar year.
20

(b) An advisory committee shall be formed, composed of the
21
following: (i) 2 members of the municipality who reside in
22
homes that have received windows or doors pursuant to the
23
Residential Sound Insulation Program and have been identified
24
by the municipality as having odorous windows or doors,
25
appointed by the Secretary of Transportation; (ii) one
26
employee of the Aeronautics Division of the Department of

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LRB104 16560 RTM 29958 b
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Transportation who shall only cast votes when breaking a tie;
2
(iii) 2 employees of the municipality that implemented the
3
Residential Sound Insulation Program in question; and (iv) 2
4
members appointed by the Speaker of the House of
5
Representatives, 2 members appointed by the President of the
6
Senate, one member appointed by the Minority Leader of the
7
House of Representatives, and one member appointed by the
8
Minority Leader of the Senate. The advisory committee shall
9
determine by majority vote which homes contain windows or
10
doors that cause offensive odors and thus are eligible for
11
replacement, shall promulgate a list of such homes, and shall
12
develop recommendations as to the order in which homes are to
13
receive window replacement. The recommendations shall include
14
reasonable and objective criteria for determining which
15
windows or doors are odorous, consideration of the date of
16
odor confirmation for prioritization, severity of odor,
17
geography and individual hardship, and shall provide such
18
recommendations to the municipality. The advisory committee
19
shall develop a process in which homeowners can demonstrate
20
extreme hardship. As used in this subsection, "extreme
21
hardship" means: liquid infiltration of the window or door;
22
health and medical condition of the resident; and residents
23
with sensitivities related to smell. At least 10% of the homes
24
receiving a replacement in a year shall be homes that have
25
demonstrated extreme hardship. The advisory committee shall
26
compile a report demonstrating: (i) the number of homes in

SB2754
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LRB104 16560 RTM 29958 b
1
line to receive a replacement; (ii) the number of homes that
2
received replacement windows or doors, or both; (iii) the
3
number of homes that received financial compensation instead
4
of a replacement; and (iv) the number of homes with confirmed
5
mechanical issues. Until December 31, 2022, the report shall
6
be compiled monthly, after December 31, 2022, the report shall
7
be complied quarterly. The advisory committee shall accept all
8
public questions and furnish a written response within 2
9
business days. The advisory committee shall comply with the
10
requirements of the Open Meetings Act. The Chicago Department
11
of Aviation shall provide administrative support to the
12
committee. The municipality shall consider the recommendations
13
of the committee but shall retain final decision-making
14
authority over replacement of windows and doors installed
15
under the Residential Sound Insulation Program, and shall
16
comply with all federal, State, and local laws involving
17
procurement. A municipality administering claims pursuant to
18
this Section shall provide to every address identified as
19
having submitted a valid claim under this Section a quarterly
20
report setting forth the municipality's activities undertaken
21
pursuant to this Section for that quarter. However, the
22
municipality shall replace windows and doors pursuant to this
23
Section only if, and to the extent, grants are distributed to,
24
and received by, the municipality from the Sound-Reducing
25
Windows and Doors Replacement Fund for the costs associated
26
with the replacement of sound-reducing windows and doors

SB2754
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LRB104 16560 RTM 29958 b
1
installed under the Residential Sound Insulation Program
2
pursuant to Section 6z-20.1 of the State Finance Act. In
3
addition, the municipality shall revise its specifications for
4
procurement of windows for the Residential Sound Insulation
5
Program to address potential off-gassing from such windows in
6
future phases of the program. A municipality subject to the
7
Section shall not legislate or otherwise regulate with regard
8
to indoor air quality monitoring, laboratory analysis or
9
replacement requirements, except as provided in this Section,
10
but the foregoing restriction shall not limit said
11
municipality's taxing power.
12

(c) A home rule unit may not regulate indoor air quality
13
monitoring and laboratory analysis, and related mitigation and
14
mitigation plans, in a manner inconsistent with this Section.
15
This Section is a limitation of home rule powers and functions
16
under subsection (i) of Section 6 of Article VII of the
17
Illinois Constitution on the concurrent exercise by home rule
18
units of powers and functions exercised by the State.
19

(d) This Section shall not be construed to create a
20
private right of action.
21
(Source: P.A. 103-200, eff. 6-30-23; 104-404, eff. 8-15-25.)

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