SB3101sam001 100TH GENERAL ASSEMBLY

Sen. Cristina Castro

Filed: 4/20/2018

10000SB3101sam001 LRB100 19678 MJP 38907 a

AMENDMENT TO SENATE BILL 3101

AMENDMENT NO. ______. Amend Senate Bill 3101 by replacing everything after the enacting clause with the following:

"Section 5. The Environmental Protection Act is amended by adding Section 52.3-15 as follows:

(415 ILCS 5/52.3-15 new)

Sec. 52.3-15. Environmental Mitigation Trust.

(a) As used in this Section:

"Appendix D-2" means Appendix D-2 to the Environmental Mitigation Trust, entitled "Eligible Mitigation Actions and Mitigation Action Expenditures".

"Beneficiary Mitigation Plan" means a plan developed by the State in accordance with paragraph 4.1 of the Environmental Mitigation Trust.

"Director" means the Director of the Agency.

"Eligible Mitigation Action" has the meaning provided in paragraph 1.9 of the Environmental Mitigation Trust.

"Environmental Mitigation Trust" means the Environmental Mitigation Trust Agreement for State Beneficiaries filed on October 2, 2017 in re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 3:16-cv-00295-CRB, MDL No. 2672 CRB (JSC) (N.D. Cal.).

"Volkswagen Settlement" or "Settlement" means the consent decrees entered by the United States District Court for the Northern District of California in re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, No. 3:15–md–02672–CRB.

"Task Force" means the Volkswagen Settlement Environmental Beneficiary Mitigation Plan Task Force.

(b) The Agency shall administer the moneys available to the State under the Environmental Mitigation Trust for the following categories of projects, as defined by the Settlement:

(1) Class 8 Local Freight Trucks and Port Drayage Trucks (Eligible Large Trucks);

(2) Class 4-8 School Bus, Shuttle Bus, or Transit Bus (Eligible Buses);

(3) Freight Switchers; Ferries/Tugs; Ocean Going Vessels (OGV) Shorepower;

(4) Class 4-7 Local Freight Trucks (Eligible Medium Trucks);

(5) Airport Ground Support Equipment;

(6) Forklifts and Port Cargo Handling Equipment;

(7) Light Duty Zero Emission Vehicle Supply Equipment; and

(8) Diesel Emission Reduction Act (DERA) Option.

(c) The Agency may allocate administrative costs to the Eligible Mitigation Actions identified in subsection (b) of this Section in accordance with Appendix D-2.

(d) A Beneficiary Mitigation Plan submitted by the State under the Environmental Mitigation Trust shall comply with this Section.

(e) A Beneficiary Mitigation Plan filed before the effective date of this amendatory Act of the 100th General Assembly shall be revised to comply with this amendatory Act of the 100th General Assembly and shall be resubmitted in accordance with the Environmental Mitigation Trust and this amendatory Act of the 100th General Assembly.

The Agency shall extend the Agency's draft Beneficiary Mitigation Plan public comment period deadline of April 13, 2018 to 120 days after the effective date of this amendatory Act of the 100th General Assembly.

The Agency shall maintain a Beneficiary Mitigation Plan page on its website, and provide the public with basic information on the Volkswagen Settlement, including, but not limited to: scheduled public hearings; State documents related to the Environmental Mitigation Trust; updates on amendments to the Beneficiary Mitigation Plan; implementation of the Beneficiary Mitigation Plan; and the name and contact information of the Agency person where the public can direct questions about the Beneficiary Mitigation Plan, and schedule in-person testimony at public hearings. The webpage shall include a request for information for public input that seeks information and ideas about how the Environmental Mitigation Trust money should be spent within the uses allowed by the Settlement. The Agency shall maintain an email list to which interested persons can subscribe to receive timely updates about the Beneficiary Mitigation Plan, proposed projects using Environmental Mitigation Trust funds, decisions by the Agency on the Beneficiary Mitigation Plan, and the Beneficiary Mitigation Plan's implementation.

During the extended 120-day public comment period, the Agency and Task Force shall conduct 6 public stakeholder hearings statewide to seek public comments on the draft Beneficiary Mitigation Plan, including which eligible mitigation activities should be included in the Beneficiary Mitigation Plan, the relative percentages of available funds to allocate to each category of activity, and geographic priority areas for emissions reductions.

(f) The Volkswagen Settlement Environmental Beneficiary Mitigation Plan Task Force is created. The Environmental Protection Agency shall provide administrative and other support to the Task Force. The Task Force shall consist of the following members:

(1) The Director of the Environmental Protection Agency, or his or her designee, who shall be the chair of the Task Force;

(2) one member appointed by the Speaker of the House of Representatives;

(3) one member appointed by the Minority Leader of the House of Representatives;

(4) one member appointed by the President of the Senate;

(5) one member appointed by the Minority Leader of the Senate;

(6) one member appointed by the Department of Transportation;

(7) one member appointed by the Department of Public Health;

(8) one member appointed by a statewide organization representing school administrators;

(9) one members appointed by the Commuter Rail Division of the Regional Transportation Authority established under the Regional Transportation Authority Act;

(10) one member appointed by the Chicago Transit Authority created under the Metropolitan Transit Authority Act;

(11) one member appointed by the Sangamon Mass Transit District;

(12) one member appointed by an electric utility that serves more than 3,000,000 retail customers in the State;

(13) one member appointed by a natural gas utility that serves more than 1,000,000 retail customers in the State;

(14) one member appointed by a statewide association representing investor-owned electric and natural gas utilities and power generation companies;

(15) one member appointed by a public interest environmental legal advocacy and eco-business innovation organization with headquarters in the City of Chicago;

(16) one member appointed by a statewide association that promotes and sponsors the safe and varied uses of propane gas, sponsors education and safety programs for person in the propane gas industry, and informs and educates the public as propane gas consumers;

(17) one member appointed by Argonne National Laboratory;

(18) one member appointed by a coalition designated as a Clean City coalition by the United States Department of Energy for the Chicago metropolitan area;

(19) one member appointed by a nationwide nonprofit organization that advocates for improved lung health and preventing lung disease with a national office in the City of Chicago; and

(20) one member appointed by a member-based Illinois non-profit organization located in Chicago that provides direct services to Chicago schoolchildren and which aims to prevent lung disease, promote clean air, and help people live better through education, research, and policy change;

(21) one member appointed by a recognized Illinois-based non-profit organization that focuses on community environmental justice concerns;

(22) one member appointed by the Cook County Forest Preserve District;

(23) one member appointed by a non-profit organization focused on solid waste collection, disposal, and recycling;

(24) one member appointed by a labor organization;

(25) one member appointed by an electric vehicle charging manufacturer; and

(26) one member appointed by an electric utility that serves fewer than 3,000,000 retail customers in the State.

Each appointment shall be made, with the advice and consent of the Senate, within 30 days after the effective date of this amendatory Act of the 100th General Assembly. The Agency shall notify each person or entity responsible for appointing a member of the Task Force within 14 days of the effective date of this amendatory Act of the 100th General Assembly of each person's or entity's appointment responsibility.

Task Force members shall serve without compensation, but may be reimbursed for reasonable and necessary expenses incurred in performing duties associated with the Task Force.

The Task Force shall conduct 6 public listening sessions statewide to gather public input on priorities for use of the funds received by the State from the Environmental Mitigation Trust.

At the conclusion of the 120-day period, the Task Force shall review the Environmental Mitigation Trust requirements, evaluate public comments, and prepare a report of its recommendations for use of the funds received by the State from the Environmental Mitigation Trust. The Task Force shall submit its report to the Governor and the General Assembly by no later than 150 days after the effective date of this amendatory Act of the 100th General Assembly, but no sooner than 140 days after the effective date of this amendatory Act of the 100th General Assembly.

This subsection (f) is inoperative 210 days after the effective date of this amendatory Act of the 100th General Assembly.

(g) Based on recommendations from the Task Force, public listening sessions, and the need for the State to reduce air pollution, the Agency shall amend the Beneficiary Mitigation Plan outlining how it will spend allocated funds from the Environmental Mitigation Trust for beneficial projects in the State that mitigate the excess emissions of nitrogen oxides from Volkswagen diesel vehicles. The Beneficiary Mitigation Plan shall include, but not be limited to, overall goals for the use of the funds, eligible mitigation activities to meet the stated goals, spending allocation levels, expected emissions reduction benefits, the process for public input, and the other factors set out in the Environmental Mitigation Trust.

The Agency shall prepare and resubmit an amended final version of the Beneficiary Mitigation Plan to the trustee of the Environmental Mitigation Trust no sooner than 30 days after the Task Force submits its report to the Governor and the General Assembly, and only after receiving and considering the recommendations of the Task Force, reactions from written submissions, and the public hearings under this Section.

Upon submission of the amended final version of the Beneficiary Mitigation Plan to the trustee of the Environmental Mitigation Trust, the Agency shall open a call for project proposals that are consistent with that final Beneficiary Mitigation Plan submission. After the amended final version of the Beneficiary Mitigation Plan is submitted to the trustee of the Environmental Mitigation Trust, the Agency shall provide for an open period of no less 60 days for interested parties to submit eligible project proposals to the Agency. At the conclusion of this open period, the Agency may award funds to these projects.

Section 99. Effective date. This Act takes effect upon becoming law.".