Illinois General Assembly - Full Text of HB2767
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Full Text of HB2767  102nd General Assembly

HB2767 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2767

 

Introduced 2/19/2021, by Rep. Theresa Mah

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/40.4 new

    Amends the Environmental Protection Act. Provides that the Environmental Protection Agency shall ensure that possible adverse economic, social, and environmental effects on environmental justice communities relating to any permit or permit renewal have been fully considered prior to publishing a draft permit or permit renewal for public comment, and that the final decision on the permit or permit renewal is made in the best overall public interest. Provides that any person or entity seeking a permit or permit renewal in an environmental justice community shall give public notice with specified information to the residents of the environmental justice community. Provides that environmental justice community residents shall have 90 days following a community meeting to submit comments to the Agency. Provides that a permit applicant for permitted activity sited in an environmental justice community shall enter into a community benefits agreement with the unit of local government in whose jurisdiction the permit applicant has applied. Provides that the community benefits agreement must, at a minimum, contain provisions requiring the permit applicant to mitigate the environmental and public health impact of the permitted activity in the environmental justice community. Effective immediately.


LRB102 12787 CPF 18126 b

 

 

A BILL FOR

 

HB2767LRB102 12787 CPF 18126 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 Environmental Protection Act is amended by
5adding Section 40.4 as follows:
 
6    (415 ILCS 5/40.4 new)
7    Sec. 40.4. Environmental justice communities; community
8and environmental impact assessment; notification of
9applicants; community benefits agreements.
10    (a) The Agency shall ensure that possible adverse
11economic, social, and environmental effects on environmental
12justice communities relating to any permit or permit renewal
13have been fully considered prior to publishing a draft permit
14or permit renewal for public comment, and that the final
15decision on the permit or permit renewal is made in the best
16overall public interest.
17    Any person seeking a permit or permit renewal shall first
18submit to the Agency information necessary for the Agency to
19determine if the permitted activity will adversely impact an
20environmental justice community.
21    (b) Any person or entity seeking a permit or permit
22renewal in an environmental justice community shall give
23public notice to the residents of the community of the

 

 

HB2767- 2 -LRB102 12787 CPF 18126 b

1following:
2        (1) The person or entity's permit or permit renewal
3    application.
4        (2) The procedures allowing residents to file comments
5    on the application with the Agency.
6        (3) The date, time, and place of a community meeting
7    for the purpose of informing the surrounding community of
8    the permit application and for taking comments and
9    questions. The meeting shall not be held less than 30 days
10    following publication of the notice.
11    Community residents shall have 90 days following the
12community meeting to submit comments to the Agency.
13    (c) A permit applicant for permitted activity sited in an
14environmental justice community shall enter into a community
15benefits agreement with the unit of local government in whose
16jurisdiction the permit applicant has applied. The community
17benefits agreement must, at a minimum, contain provisions
18requiring the permit applicant to mitigate the environmental
19and public health impact of the permitted activity in the
20environmental justice community.
21    (d) For purposes of this Section, "permit" means a permit
22issued by the Illinois Environmental Protection Agency through
23the Clean Air Act Permit Program or the National Pollutant
24Discharge Elimination System.
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.