HB2095 101ST GENERAL ASSEMBLY

LRB101 05291 RJF 50305 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2095

Introduced , by Rep. Bob Morgan

SYNOPSIS AS INTRODUCED:

New Act

Creates the Environmental Impact Note Act. Provides that every bill and proposed rule, the purpose or effect of which may impact the environment or natural resources, shall have prepared for it a brief explanatory statement or note that shall include a reliable estimate of the anticipated environmental impact. Provides for the preparation of environmental impact notes. Provides for votes on the necessity of environmental impact notes. Provides for the requisites and contents of environmental impact notes. Provides that no comment or opinion shall be included in the environmental impact note with regard to the merits of the measure for which the environmental impact note is prepared, but allows technical or mechanical defects to be noted. Provides that the preparation of an environmental impact note for a bill or proposed rule does not preclude the appearance of State officials and employees in support or opposition of a measure. Provides requirements concerning amendments to a bill or proposed rule for which an environmental impact note has been prepared.

A BILL FOR

AN ACT concerning State government.

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

Section 1. Short title. This Act may be cited as the Environmental Impact Note Act.

Section 5. Applicability.

(a) Every bill, except those making a direct appropriation, the purpose or effect of which may impact the environment or natural resources, shall have prepared for it, before second reading in the house of introduction, a brief explanatory statement or note that shall include a reliable estimate of the anticipated environmental impact.

(b) Every proposed rule of an agency, the purpose or effect of which may impact the environment or natural resources, shall have prepared for it, before approval by the Joint Committee on Administrative Rules under the Illinois Administrative Procedure Act, a brief explanatory statement or note that shall include a reliable estimate of the anticipated environmental impact. As used in this Act, "rule" and "agency" have the same meanings as in the Illinois Administrative Procedure Act.

(c) These statements or notes shall be known as environmental impact notes.

Section 10. Preparation. The sponsor of each bill, or the agency proposing a rule, to which Section 5 applies, shall present a copy of the bill or proposed rule, with the request for an environmental impact note, to the Illinois Environmental Protection Agency. The environmental impact note shall be prepared by the Illinois Environmental Protection Agency and submitted to the sponsor of the bill or the agency within 5 calendar days, except that whenever, because of the complexity of the measure, additional time is required for the preparation of the note, the Illinois Environmental Protection Agency may inform the sponsor of the bill or the agency, and the sponsor or agency may approve an extension of the time within which the note is to be submitted, not to extend, however, beyond June 15, following the date of the request. The Illinois Environmental Protection Agency may seek assistance from a statewide environmental organization representing the environmental issue in the preparation of a housing affordability impact note. If, in the opinion of the Illinois Environmental Protection Agency, there is insufficient information to prepare a reliable estimate of the anticipated impact, a statement to that effect can be filed and shall meet the requirements of this Act.

Section 15. Vote on necessity of environmental impact notes. Whenever the sponsor of any bill is of the opinion that no environmental impact note is required, any member of either house may request that a note be obtained, and in that case the applicability of this Act shall be decided by the majority of those present and voting in the house of which the sponsor is a member.

Section 20. Requisites and contents. The note shall be factual in nature, as brief and concise as necessary to include the required contents, and shall provide a reliable estimate in dollars of the monetary impact caused by the environmental impact, if any, and it shall include both a description of the immediate environmental impact and, if determinable or reasonably foreseeable, the long range environmental impact of the measure. If, after careful investigation, it is determined that no dollar estimate is possible, the note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. A brief summary or work sheet of computations and resources used in arriving at environmental impact note figures and conclusions shall be included.

Section 25. Comment or opinion; technical or mechanical defects. No comment or opinion shall be included in the environmental impact note with regard to the merits of the measure for which the environmental impact note is prepared; however, technical or mechanical defects may be noted.

Section 30. Appearance of State officials and employees in support or opposition of measure. The fact that an environmental impact note is prepared for any bill or proposed rule shall not preclude or restrict the appearance before any committee of the General Assembly, or before the Joint Committee on Administrative Rules, of any official or authorized employee of the Illinois Environmental Protection Agency who desires to be heard in support of or in opposition to the measure.

Section 35. Amendment of bill necessitating statement of environmental impact of proposed amendment. Whenever any committee of either house reports any bill with an amendment that will substantially affect the facts or figures stated in the environmental impact note attached to the measure at the time of its referral to the committee, there shall be included with the report of the committee a statement of the effect of the change proposed by the amendment reported if desired by a majority of the committee. Whenever any bill is amended on the floor of either house to substantially affect the facts or figures as stated in the environmental impact note attached to the bill before the amendment, a majority of the members of that house may propose that no action shall be taken on the amendment until the sponsor of the amendment presents to the members a statement of the environmental impact of the proposed amendment.