Full Text of HB2381 102nd General Assembly
HB2381 102ND GENERAL ASSEMBLY
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
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
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The State Finance Act is amended by adding
Section 5.935 as follows:
(30 ILCS 105/5.935 new)
The Air Quality Enforcement and Mitigation
The Environmental Protection Act is amended by
adding Section 9.18 as follows:
(415 ILCS 5/9.18 new)
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.
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"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
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of violations of this Section, or permits issued or
rules adopted under this Section, including, but not
limited to, training for environmental regulators or
(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
(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
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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
(3) A representative of the Department of Human
(4) A representative of a local health department or
local environmental department.
(5) Two residents of environmental protection
(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
(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.
This Act takes effect upon
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