Full Text of HB1025 100th General Assembly
HB1025ham001 100TH GENERAL ASSEMBLY | Rep. Linda Chapa LaVia Filed: 4/24/2018
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| 1 | | AMENDMENT TO HOUSE BILL 1025
| 2 | | AMENDMENT NO. ______. Amend House Bill 1025 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | adding Section 52.3-15 as follows: | 6 | | (415 ILCS 5/52.3-15 new) | 7 | | Sec. 52.3-15. Environmental Mitigation Trust. | 8 | | (a) As used in this Section: | 9 | | "Appendix D-2" means Appendix D-2 to the Environmental | 10 | | Mitigation Trust, entitled "Eligible Mitigation Actions and | 11 | | Mitigation Action Expenditures". | 12 | | "Beneficiary Mitigation Plan" means a plan developed by the | 13 | | State in accordance with paragraph 4.1 of the Environmental | 14 | | Mitigation Trust. | 15 | | "Director" means the Director of the Agency. | 16 | | "Eligible Mitigation Action" has the meaning provided in |
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| 1 | | paragraph 1.9 of the Environmental Mitigation Trust. | 2 | | "Environmental Mitigation Trust" means the Environmental | 3 | | Mitigation Trust Agreement for State Beneficiaries filed on | 4 | | October 2, 2017 in re: Volkswagen "Clean Diesel" Marketing, | 5 | | Sales Practices, and Products Liability Litigation, | 6 | | 3:16-cv-00295-CRB, MDL No. 2672 CRB (JSC) (N.D. Cal.). | 7 | | "Volkswagen Settlement" or "Settlement" means the consent | 8 | | decrees entered by the United States District Court for the | 9 | | Northern District of California in re: Volkswagen "Clean | 10 | | Diesel" Marketing, Sales Practices, and Products Liability | 11 | | Litigation, No. 3:15–md–02672–CRB. | 12 | | "Task Force" means the Volkswagen Settlement Environmental | 13 | | Beneficiary Mitigation Plan Task Force. | 14 | | (b) The Agency shall administer the moneys available to the | 15 | | State under the Environmental Mitigation Trust for the | 16 | | following categories of projects, as defined by the Settlement: | 17 | | (1) Class 8 Local Freight Trucks and Port Drayage | 18 | | Trucks (Eligible Large Trucks); | 19 | | (2) Class 4-8 School Bus, Shuttle Bus, or Transit Bus | 20 | | (Eligible Buses); | 21 | | (3) Freight Switchers; Ferries/Tugs; Ocean Going | 22 | | Vessels (OGV) Shorepower; | 23 | | (4) Class 4-7 Local Freight Trucks (Eligible Medium | 24 | | Trucks); | 25 | | (5) Airport Ground Support Equipment; | 26 | | (6) Forklifts and Port Cargo Handling Equipment; |
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| 1 | | (7) Light Duty Zero Emission Vehicle Supply Equipment; | 2 | | and | 3 | | (8) Diesel Emission Reduction Act (DERA) Option. | 4 | | (c) The Agency may allocate administrative costs to the | 5 | | Eligible Mitigation Actions identified in subsection (b) of | 6 | | this Section in accordance with Appendix D-2. | 7 | | (d) A Beneficiary Mitigation Plan submitted by the State | 8 | | under the Environmental Mitigation Trust shall comply with this | 9 | | Section. | 10 | | (e) A Beneficiary Mitigation Plan filed before the | 11 | | effective date of this amendatory Act of the 100th General | 12 | | Assembly shall be revised to comply with this amendatory Act of | 13 | | the 100th General Assembly and shall be resubmitted in | 14 | | accordance with the Environmental Mitigation Trust and this | 15 | | amendatory Act of the 100th General Assembly. | 16 | | The Agency shall extend the Agency's draft Beneficiary | 17 | | Mitigation Plan public comment period deadline of April 13, | 18 | | 2018 to 120 days after the effective date of this amendatory | 19 | | Act of the 100th General Assembly. | 20 | | The Agency shall maintain a Beneficiary Mitigation Plan | 21 | | page on its website, and provide the public with basic | 22 | | information on the Volkswagen Settlement, including, but not | 23 | | limited to: scheduled public hearings; State documents related | 24 | | to the Environmental Mitigation Trust; updates on amendments to | 25 | | the Beneficiary Mitigation Plan; implementation of the | 26 | | Beneficiary Mitigation Plan; and the name and contact |
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| 1 | | information of the Agency person where the public can direct | 2 | | questions about the Beneficiary Mitigation Plan, and schedule | 3 | | in-person testimony at public hearings. The webpage shall | 4 | | include a request for information for public input that seeks | 5 | | information and ideas about how the Environmental Mitigation | 6 | | Trust money should be spent within the uses allowed by the | 7 | | Settlement. The Agency shall maintain an email list to which | 8 | | interested persons can subscribe to receive timely updates | 9 | | about the Beneficiary Mitigation Plan, proposed projects using | 10 | | Environmental Mitigation Trust funds, decisions by the Agency | 11 | | on the Beneficiary Mitigation Plan, and the Beneficiary | 12 | | Mitigation Plan's implementation. | 13 | | During the extended 120-day public comment period, the | 14 | | Agency and Task Force shall conduct 6 public stakeholder | 15 | | hearings statewide to seek public comments on the draft | 16 | | Beneficiary Mitigation Plan, including which eligible | 17 | | mitigation activities should be included in the Beneficiary | 18 | | Mitigation Plan, the relative percentages of available funds to | 19 | | allocate to each category of activity, and geographic priority | 20 | | areas for emissions reductions. | 21 | | (f) The Volkswagen Settlement Environmental Beneficiary | 22 | | Mitigation Plan Task Force is created. The Environmental | 23 | | Protection Agency shall provide administrative and other | 24 | | support to the Task Force. The Task Force shall consist of the | 25 | | following members: | 26 | | (1) The Director of the Environmental Protection |
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| 1 | | Agency, or his or her designee, who shall be the chair of | 2 | | the Task Force; | 3 | | (2) one member appointed by the Speaker of the House of | 4 | | Representatives; | 5 | | (3) one member appointed by the Minority Leader of the | 6 | | House of Representatives; | 7 | | (4) one member appointed by the President of the | 8 | | Senate; | 9 | | (5) one member appointed by the Minority Leader of the | 10 | | Senate; | 11 | | (6) one member appointed by the Department of | 12 | | Transportation; | 13 | | (7) one member appointed by the Department of Public | 14 | | Health; | 15 | | (8) one member appointed by a statewide organization | 16 | | representing school administrators; | 17 | | (9) one member appointed by the Commuter Rail Division | 18 | | of the Regional Transportation Authority established under | 19 | | the Regional Transportation Authority Act; | 20 | | (10) one member appointed by the Chicago Transit | 21 | | Authority created under the Metropolitan Transit Authority | 22 | | Act; | 23 | | (11) one member appointed by the Sangamon Mass Transit | 24 | | District; | 25 | | (12) one member appointed by an electric utility that | 26 | | serves more than 3,000,000 retail customers in the State; |
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| 1 | | (13) one member appointed by a natural gas utility that | 2 | | serves more than 1,000,000 retail customers in the State; | 3 | | (14) one member appointed by a statewide association | 4 | | representing investor-owned electric and natural gas | 5 | | utilities and power generation companies; | 6 | | (15) one member appointed by a public interest | 7 | | environmental legal advocacy and eco-business innovation | 8 | | organization with headquarters in the City of Chicago; | 9 | | (16) one member appointed by a statewide association | 10 | | that promotes and sponsors the safe and varied uses of | 11 | | propane gas, sponsors education and safety programs for | 12 | | person in the propane gas industry, and informs and | 13 | | educates the public as propane gas consumers; | 14 | | (17) one member appointed by Argonne National | 15 | | Laboratory; | 16 | | (18) one member appointed by a coalition designated as | 17 | | a Clean City coalition by the United States Department of | 18 | | Energy for the Chicago metropolitan area; | 19 | | (19) one member appointed by a nationwide nonprofit | 20 | | organization that advocates for improved lung health and | 21 | | preventing lung disease with a national office in the City | 22 | | of Chicago; and | 23 | | (20) one member appointed by a member-based Illinois | 24 | | non-profit organization located in Chicago that provides | 25 | | direct services to Chicago schoolchildren and which aims to | 26 | | prevent lung disease, promote clean air, and help people |
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| 1 | | live better through education, research, and policy | 2 | | change; | 3 | | (21) one member appointed by a recognized | 4 | | Illinois-based non-profit organization that focuses on | 5 | | community environmental justice concerns; | 6 | | (22) one member appointed by the Cook County Forest | 7 | | Preserve District; | 8 | | (23) one member appointed by a non-profit organization | 9 | | focused on solid waste collection, disposal, and | 10 | | recycling; | 11 | | (24) one member appointed by a labor organization; | 12 | | (25) one member appointed by an electric vehicle | 13 | | charging manufacturer; and | 14 | | (26) one member appointed by an electric utility that | 15 | | serves fewer than 3,000,000 retail customers in the State. | 16 | | Each appointment shall be made, with the advice and consent | 17 | | of the Senate, within 30 days after the effective date of this | 18 | | amendatory Act of the 100th General Assembly. The Agency shall | 19 | | notify each person or entity responsible for appointing a | 20 | | member of the Task Force within 14 days of the effective date | 21 | | of this amendatory Act of the 100th General Assembly of each | 22 | | person's or entity's appointment responsibility. | 23 | | Task Force members shall serve without compensation, but | 24 | | may be reimbursed for reasonable and necessary expenses | 25 | | incurred in performing duties associated with the Task Force. | 26 | | The Task Force shall conduct 6 public listening sessions |
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| 1 | | statewide to gather public input on priorities for use of the | 2 | | funds received by the State from the Environmental Mitigation | 3 | | Trust. | 4 | | At the conclusion of the 120-day period, the Task Force | 5 | | shall review the Environmental Mitigation Trust requirements, | 6 | | evaluate public comments, and prepare a report of its | 7 | | recommendations for use of the funds received by the State from | 8 | | the Environmental Mitigation Trust. The Task Force shall submit | 9 | | its report to the Governor and the General Assembly by no later | 10 | | than 150 days after the effective date of this amendatory Act | 11 | | of the 100th General Assembly, but no sooner than 140 days | 12 | | after the effective date of this amendatory Act of the 100th | 13 | | General Assembly. | 14 | | This subsection (f) is inoperative 210 days after the | 15 | | effective date of this amendatory Act of the 100th General | 16 | | Assembly. | 17 | | (g) Based on recommendations from the Task Force, public | 18 | | listening sessions, and the need for the State to reduce air | 19 | | pollution, the Agency shall amend the Beneficiary Mitigation | 20 | | Plan outlining how it will spend allocated funds from the | 21 | | Environmental Mitigation Trust for beneficial projects in the | 22 | | State that mitigate the excess emissions of nitrogen oxides | 23 | | from Volkswagen diesel vehicles. The Beneficiary Mitigation | 24 | | Plan shall include, but not be limited to, overall goals for | 25 | | the use of the funds, eligible mitigation activities to meet | 26 | | the stated goals, spending allocation levels, expected |
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| 1 | | emissions reduction benefits, the process for public input, and | 2 | | the other factors set out in the Environmental Mitigation | 3 | | Trust. | 4 | | The Agency shall prepare and resubmit an amended final | 5 | | version of the Beneficiary Mitigation Plan to the trustee of | 6 | | the Environmental Mitigation Trust no sooner than 30 days after | 7 | | the Task Force submits its report to the Governor and the | 8 | | General Assembly, and only after receiving and considering the | 9 | | recommendations of the Task Force, reactions from written | 10 | | submissions, and the public hearings under this Section. | 11 | | Upon submission of the amended final version of the | 12 | | Beneficiary Mitigation Plan to the trustee of the Environmental | 13 | | Mitigation Trust, the Agency shall open a call for project | 14 | | proposals that are consistent with that final Beneficiary | 15 | | Mitigation Plan submission. After the amended final version of | 16 | | the Beneficiary Mitigation Plan is submitted to the trustee of | 17 | | the Environmental Mitigation Trust, the Agency shall provide | 18 | | for an open period of no less 60 days for interested parties to | 19 | | submit eligible project proposals to the Agency. At the | 20 | | conclusion of this open period, the Agency may award funds to | 21 | | these projects.
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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