HB2381 102ND GENERAL ASSEMBLY

LRB102 14045 CPF 19397 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2381

Introduced 2/17/2021, by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.935 new
415 ILCS 5/9.18 new

Amends the Environmental Protection Act. Creates the Air Quality Enforcement and Mitigation Fund. Makes a conforming change to the State Finance Act. Provides that the Agency shall expend 30% of moneys from the Fund for staffing and other functions of the Agency that benefit environmental protection communities and are related to one or more specified purposes. Directs the Agency to establish an Air Quality Community Impact Grant Program to provide grants to nonprofit entities, local health departments, local environmental departments, and school districts to carry out the purposes. Requires 70% of moneys from the Fund to be expended for grants under the Program for specified purposes in the community or nearby community where a violation occurred. Requires the Agency to adopt rules to implement the Program. Provides that the Agency, in collaboration with environmental interest groups, shall develop a process to identify environmental protection communities. Requires the Agency to post on its website, and otherwise make publicly available, an annual report on the purposes for that grants were awarded under the Program. Contains other provisions. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

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

Section 5. The State Finance Act is amended by adding Section 5.935 as follows:

(30 ILCS 105/5.935 new)

Sec. 5.935. The Air Quality Enforcement and Mitigation Fund.

Section 10. The Environmental Protection Act is amended by adding Section 9.18 as follows:

(415 ILCS 5/9.18 new)

Sec. 9.18. Air Quality Enforcement and Mitigation Fund.

(a) In this Section:

"Fund" means the Air Quality Enforcement and Mitigation Fund created under subsection (b).

"Environmental protection community" means a geographic area that the Agency, using tools such as the United States Environmental Protection Agency's EJSCREEN, has identified as a community facing a disproportionate environmental burden using indicators such as sensitive populations, socioeconomic factors, exposures, and environmental effects.

"Program" means the Air Quality Community Impact Grant Program created under subsection (d).

(b) The Air Quality Enforcement and Mitigation Fund is created as a special fund within the State treasury. All civil and administrative fines collected under this Section shall be deposited in the Fund. The State Treasurer may receive moneys or other assets from any source for deposit into the Fund. The State Treasurer shall direct the investment of the Fund. The State Treasurer shall credit to the Fund interest and earnings from Fund investments. Notwithstanding any other law to the contrary, the Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Fund into any other fund of the State.

(c) The Agency shall expend moneys from the Fund, upon appropriation, only as follows:

(1) 30% of the moneys shall be expended for staffing and other functions of the Agency that benefit environmental protection communities and are related to one or more of the following:

(A) Mitigation of air pollution, such as by buffering with vegetation, optional residential buyouts, air filters in homes and schools, and diesel engine retrofit or replacement programs.

(B) Increased air monitoring.

(C) Improved compliance by persons with a history of violations of this Section, or permits issued or rules adopted under this Section, including, but not limited to, training for environmental regulators or prosecuting attorneys.

(2) 70% of the moneys shall be expended for grants under subsection (d) for one or more of the following purposes in the community or nearby community where a violation occurred, particularly environmental protection communities:

(A) The purposes described in subparagraphs (A) and (B) of paragraph (1).

(B) Health impact assessments.

(C) Education and training programs for community residents and local environmental regulators to increase effectiveness of enforcement programs in deterring violations of this Section and rules adopted, or orders issued, under this Section.

(d) The Agency shall establish an Air Quality Community Impact Grant Program. The Program shall provide grants to nonprofit entities, local health departments, local environmental departments, and school districts to carry out the purposes of paragraph (2) of subsection (c).

(e) The Agency shall adopt rules to implement subsection (d). At a minimum, the rules shall describe how grants are to be allocated, the procedures for applying for grants, the criteria for awarding grants, and administrative and fiscal requirements governing the receipt and expenditure of grants. The Agency shall adopt the rules in consultation with an Advisory Committee that shall include, but shall not be limited to, at least one of each of the following:

(1) A public health expert.

(2) A representative of an environmental justice organization.

(3) A representative of the Department of Human Services.

(4) A representative of a local health department or local environmental department.

(5) Two residents of environmental protection communities.

(f) The Agency, in collaboration with environmental interest groups, shall develop a process to identify environmental protection communities. Within 150 days after census block data from the Decennial U.S. Census becomes publicly available, the Agency shall identify environmental protection communities. The identification process shall include community engagement to obtain information and receive feedback.

(g) The Agency shall post on its website, and otherwise make publicly available, an annual report on the purposes for which grants were awarded under paragraph (2) of subsection (c), including the communities affected.

Section 99. Effective date. This Act takes effect upon becoming law.