Illinois General Assembly - Full Text of HB2381
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Full Text of HB2381  102nd General Assembly

HB2381 102ND GENERAL ASSEMBLY

  
  

 


 
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.


LRB102 14045 CPF 19397 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2381LRB102 14045 CPF 19397 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.935 as follows:
 
6    (30 ILCS 105/5.935 new)
7    Sec. 5.935. The Air Quality Enforcement and Mitigation
8Fund.
 
9    Section 10. The Environmental Protection Act is amended by
10adding Section 9.18 as follows:
 
11    (415 ILCS 5/9.18 new)
12    Sec. 9.18. Air Quality Enforcement and Mitigation Fund.
13    (a) In this Section:
14    "Fund" means the Air Quality Enforcement and Mitigation
15Fund created under subsection (b).
16    "Environmental protection community" means a geographic
17area that the Agency, using tools such as the United States
18Environmental Protection Agency's EJSCREEN, has identified as
19a community facing a disproportionate environmental burden
20using indicators such as sensitive populations, socioeconomic
21factors, exposures, and environmental effects.

 

 

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1    "Program" means the Air Quality Community Impact Grant
2Program created under subsection (d).
3    (b) The Air Quality Enforcement and Mitigation Fund is
4created as a special fund within the State treasury. All civil
5and administrative fines collected under this Section shall be
6deposited in the Fund. The State Treasurer may receive moneys
7or other assets from any source for deposit into the Fund. The
8State Treasurer shall direct the investment of the Fund. The
9State Treasurer shall credit to the Fund interest and earnings
10from Fund investments. Notwithstanding any other law to the
11contrary, the Fund is not subject to sweeps, administrative
12charge-backs, or any other fiscal or budgetary maneuver that
13would in any way transfer any amounts from the Fund into any
14other fund of the State.
15    (c) The Agency shall expend moneys from the Fund, upon
16appropriation, only as follows:
17        (1) 30% of the moneys shall be expended for staffing
18    and other functions of the Agency that benefit
19    environmental protection communities and are related to
20    one or more of the following:
21            (A) Mitigation of air pollution, such as by
22        buffering with vegetation, optional residential
23        buyouts, air filters in homes and schools, and diesel
24        engine retrofit or replacement programs.
25            (B) Increased air monitoring.
26            (C) Improved compliance by persons with a history

 

 

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1        of violations of this Section, or permits issued or
2        rules adopted under this Section, including, but not
3        limited to, training for environmental regulators or
4        prosecuting attorneys.
5        (2) 70% of the moneys shall be expended for grants
6    under subsection (d) for one or more of the following
7    purposes in the community or nearby community where a
8    violation occurred, particularly environmental protection
9    communities:
10            (A) The purposes described in subparagraphs (A)
11        and (B) of paragraph (1).
12            (B) Health impact assessments.
13            (C) Education and training programs for community
14        residents and local environmental regulators to
15        increase effectiveness of enforcement programs in
16        deterring violations of this Section and rules
17        adopted, or orders issued, under this Section.
18    (d) The Agency shall establish an Air Quality Community
19Impact Grant Program. The Program shall provide grants to
20nonprofit entities, local health departments, local
21environmental departments, and school districts to carry out
22the purposes of paragraph (2) of subsection (c).
23    (e) The Agency shall adopt rules to implement subsection
24(d). At a minimum, the rules shall describe how grants are to
25be allocated, the procedures for applying for grants, the
26criteria for awarding grants, and administrative and fiscal

 

 

HB2381- 4 -LRB102 14045 CPF 19397 b

1requirements governing the receipt and expenditure of grants.
2The Agency shall adopt the rules in consultation with an
3Advisory Committee that shall include, but shall not be
4limited to, at least one of each of the following:
5        (1) A public health expert.
6        (2) A representative of an environmental justice
7    organization.
8        (3) A representative of the Department of Human
9    Services.
10        (4) A representative of a local health department or
11    local environmental department.
12        (5) Two residents of environmental protection
13    communities.
14    (f) The Agency, in collaboration with environmental
15interest groups, shall develop a process to identify
16environmental protection communities. Within 150 days after
17census block data from the Decennial U.S. Census becomes
18publicly available, the Agency shall identify environmental
19protection communities. The identification process shall
20include community engagement to obtain information and receive
21feedback.
22    (g) The Agency shall post on its website, and otherwise
23make publicly available, an annual report on the purposes for
24which grants were awarded under paragraph (2) of subsection
25(c), including the communities affected.
 
26    Section 99. Effective date. This Act takes effect upon

 

 

HB2381- 5 -LRB102 14045 CPF 19397 b

1becoming law.