Full Text of HB5013 103rd General Assembly
HB5013ham001 103RD GENERAL ASSEMBLY | Rep. Dagmara Avelar Filed: 4/2/2024 | | 10300HB5013ham001 | | LRB103 36384 BDA 71148 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5013
| 2 | | AMENDMENT NO. ______. Amend House Bill 5013 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | adding Section 9.20 as follows: | 6 | | (415 ILCS 5/9.20 new) | 7 | | Sec. 9.20. Health and equity insights. | 8 | | (a) Findings. The General Assembly finds that: | 9 | | (1) pollution is distributed unevenly, impacts | 10 | | overburdened communities disproportionately, and varies on | 11 | | a block-by-block basis; | 12 | | (2) disparities in impact are often missed by standard | 13 | | monitoring practices; | 14 | | (3) identifying locations that attract high numbers of | 15 | | medium-duty vehicles and heavy-duty vehicles is crucial to | 16 | | mitigate emissions significantly; |
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| 1 | | (4) investment and policy development decisions must | 2 | | be made with communities and environmental justice | 3 | | advocates in order to reliably, effectively, and | 4 | | accurately prioritize impacted communities; and | 5 | | (5) collaboration with impacted communities must | 6 | | continue through implementation of policy solutions that | 7 | | are designed with those same communities. | 8 | | (b) Definitions. In this Section: | 9 | | "Agency" means the Environmental Protection Agency. | 10 | | "Board" means the Pollution Control Board. | 11 | | "Commission" means the Commission on Environmental | 12 | | Justice. | 13 | | "Community air quality monitoring" means the deployment of | 14 | | low-cost sensors at the neighborhood level to better identify | 15 | | and mitigate the large disparities in pollution exposure and | 16 | | health outcomes that can occur at the local level. | 17 | | "Continuous fence line air quality monitoring" means | 18 | | monitoring that is located on-site, that is not switched on | 19 | | and off, and that consistently collects data 24 hours a day, 7 | 20 | | days a week unless paused for repair, calibration, or | 21 | | servicing. | 22 | | "Department" means the Illinois Department of Commerce and | 23 | | Economic Opportunity. | 24 | | "Federal Equivalent Method" or "FEM" means a method that | 25 | | is used for measuring the concentration of an air pollutant in | 26 | | the ambient air and that has been designated as an equivalent |
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| 1 | | method to the Federal Reference Method. | 2 | | "Federal Reference Method" or "FRM" means a method of | 3 | | monitoring described in 40 CFR 53 (or successor regulations). | 4 | | "Local authority" means a State or local governmental | 5 | | entity with the authority to enable mobile monitoring as a | 6 | | complement to stationary and meteorological monitoring. | 7 | | "Meteorological monitoring" means monitoring for | 8 | | meteorological data, such as wind speed and direction. | 9 | | "Overburdened communities" has the same meaning as | 10 | | "environmental justice community" as defined and as may be | 11 | | updated in the long-term renewable resources procurement plan | 12 | | of the Illinois Power Agency and its Program Administrator | 13 | | under the Illinois Solar for All Program. | 14 | | "Regulated facility" means: | 15 | | (1) a facility in a non-overburdened community used | 16 | | for the purpose of goods distribution, whether rentable or | 17 | | used as a proprietary facility, that has 100,000 square | 18 | | feet or more of business area; | 19 | | (2) a facility in an overburdened community used for | 20 | | the purpose of goods distribution, whether rentable or | 21 | | used as a proprietary facility, that has 50,000 square | 22 | | feet or more of business area; | 23 | | (3) a truck-attracting facility; or | 24 | | (4) a facility or set of facilities that the Agency | 25 | | determines has activities that threaten local health and | 26 | | have a similar impact as regulated facilities described in |
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| 1 | | paragraphs (1), (2), and (3) but do not meet the minimum | 2 | | size or truck trips requirements of those facilities. | 3 | | "Satellite air quality monitoring" means monitoring, | 4 | | conducted by one or more satellites, to measure the | 5 | | concentration of airborne particles, such as aerosols, in the | 6 | | atmosphere through observations of how much light reaches the | 7 | | surface of the Earth and how much light is reflected off of the | 8 | | aerosols. | 9 | | "Significant emitters" means the stationary, indirect, and | 10 | | mobile sources that are the greatest contributors to | 11 | | health-harming pollutants. | 12 | | "Truck trip" means the one-way trip a truck or tractor | 13 | | makes to or from a site with at least one warehouse to deliver | 14 | | or collect goods stored at that warehouse for later | 15 | | distribution to other locations. A truck or tractor entering a | 16 | | warehouse site and then leaving that site constitutes 2 trips. | 17 | | "Truck-attracting facility" means a facility that | 18 | | generates or could generate 50 or more truck trips per day. | 19 | | "Truck count" means an accounting of the number of trucks | 20 | | traveling through a designated intersection. | 21 | | "Zero-emission vehicle" means a vehicle powered with a | 22 | | zero-emission powertrain that produces zero exhaust emissions | 23 | | of any criteria pollutant, precursor pollutant, or greenhouse | 24 | | gas in any mode of operation or condition, as determined by the | 25 | | Agency. | 26 | | (c) Truck counting and other monitoring. |
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| 1 | | (1) Each year, the Agency shall conduct truck counting | 2 | | on a representative sample of local roads where trucks | 3 | | enter or exit a truck-attracting facility. If possible, | 4 | | the truck counts must include the class and age of the | 5 | | trucks counted. Truck-counting efforts shall build on | 6 | | existing efforts by community and environmental justice | 7 | | organizations and shall be conducted in consultation with | 8 | | those same entities. The Agency shall also take into | 9 | | consideration the experience of communities in deciding | 10 | | where to site monitors and how to move forward on | 11 | | subsequent policy development and implementation. | 12 | | (2) A truck-attracting facility must continuously | 13 | | monitor on-site emissions for diesel particulate matter | 14 | | and nitrogen oxides. Monitoring must be conducted using at | 15 | | least 4 continuous fence line monitors spaced as far apart | 16 | | as possible from one another around the perimeter of the | 17 | | truck-attracting facility. | 18 | | (3) Within one year after the effective date of this | 19 | | amendatory Act of the 103rd General Assembly, the Agency | 20 | | shall cite Federal Reference Methods (FRM) and Federal | 21 | | Equivalent Methods (FEM) established under 40 CFR Part 53, | 22 | | informed by satellite and community data when available, | 23 | | when determining the placement of air monitoring devices | 24 | | at truck-attracting facilities. | 25 | | (4) The Agency shall not announce in advance the days | 26 | | when federal reference monitors are collecting data or the |
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| 1 | | days when mobile or meteorological monitoring is taking | 2 | | place, if the Agency does not already continuously collect | 3 | | data from those monitors or through that monitoring. The | 4 | | Agency shall identify which federal reference monitors in | 5 | | the State are not collecting data continuously. The Agency | 6 | | shall transition all instruments to continuous monitoring | 7 | | within 2 years upon determining which monitors are not | 8 | | collecting data continuously. | 9 | | (5) The Agency must create a timely process for | 10 | | community representatives or companies to co-locate | 11 | | monitoring equipment at FRM monitors or FEM monitors | 12 | | managed or owned by the State incorporating guidelines of | 13 | | public participation and transparency found in subsection | 14 | | (l) herein. | 15 | | (6) Overburdened communities may request a new FRM | 16 | | monitor or FEM monitor. This request may be based on | 17 | | satellite or low-cost local data, health data, data | 18 | | concerning recent changes in land use, or other | 19 | | qualitative or quantitative metrics identified by | 20 | | overburdened communities. This request should be granted | 21 | | as of right if the data shows the source is already | 22 | | identified as a high-priority emitter, or the community is | 23 | | already identified as overburdened. | 24 | | (d) Indirect source review. | 25 | | (1) No later than 12 months after the effective date | 26 | | of this amendatory Act of the 103rd General Assembly, the |
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| 1 | | Agency shall adopt rules requiring all regulated | 2 | | facilities to implement an air emissions reduction plan. | 3 | | (2) In crafting such rules and regulations, the Agency | 4 | | shall create a methodology to determine the emissions at | 5 | | each regulated facility during the compliance period. | 6 | | Actual data at a regulated facility shall be collected by | 7 | | the regulated facility operator using methods that provide | 8 | | a verifiable and representative record. Annual emissions | 9 | | shall include on-site vehicle emissions (including moving, | 10 | | idling, and operation of auxiliary generating units, | 11 | | whether or not vehicles ever leave the facility) and | 12 | | on-site combustion emissions. | 13 | | (3) The Agency shall require any new development that | 14 | | would be a regulated facility when operational to first | 15 | | obtain a permit demonstrating that it will be in | 16 | | compliance with rules and regulations concerning indirect | 17 | | sources in the state. | 18 | | (4) In crafting such rules and regulations, the Agency | 19 | | shall create a points system under which regulated | 20 | | facilities must earn points based on the amount of | 21 | | emissions generated trips at the facility, and develop | 22 | | mitigation options for facilities to earn points. | 23 | | Mitigation options shall include: | 24 | | (A) acquiring zero-emissions trucks; | 25 | | (B) using zero-emissions trucks at the regulated | 26 | | facility or in truck trips to and from the regulated |
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| 1 | | facility; | 2 | | (C) installing electric charging infrastructure; | 3 | | (D) using electric charging infrastructure; | 4 | | (E) requiring use of zero-emissions vehicles on | 5 | | site; | 6 | | (F) using alternatives to truck trips for incoming | 7 | | or outgoing trips such as e-cargo bikes or light duty | 8 | | electric vehicles; | 9 | | (G) installing on-site solar power generation, | 10 | | electricity storage, and managed charging systems; | 11 | | (H) installing and maintaining MERV 16 or greater | 12 | | filters systems in schools, day care centers, | 13 | | hospitals, community centers, or residences within | 14 | | one-half mile of a regulated facility; | 15 | | (I) eliminating cooking, heating, hot water, or | 16 | | generator combustion emissions by replacing appliances | 17 | | and equipment at the regulated facility or at | 18 | | buildings within one-half mile of a regulated | 19 | | facility; and | 20 | | (J) reducing transport emissions for regulated | 21 | | facility neighbors by contributing to and maintaining | 22 | | docked e-bike share, electric vehicle (EV) | 23 | | ride-sharing, or public transportation. | 24 | | (5) The Agency shall also consider greater stringency | 25 | | for all census blocks where transport-related pollution is | 26 | | responsible for 15% or greater of new cases of childhood |
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| 1 | | asthma. | 2 | | (6) In crafting such rules and regulations, the Agency | 3 | | shall impose more stringent requirements for all regulated | 4 | | facilities located in or within one-half mile of an | 5 | | overburdened community, after consulting with overburdened | 6 | | communities and those communities' leaders. | 7 | | (7) In crafting such rules and regulations, the Agency | 8 | | shall assess and report on when regulated facilities will | 9 | | reach zero on-site emissions. | 10 | | (e) Fee and point system guidelines. | 11 | | (1) In adopting rules that rely on points, the Agency | 12 | | shall not allow the transfer of points between facilities. | 13 | | If a warehouse operator earns more points than is required | 14 | | for an annual points compliance obligation in a given | 15 | | reporting period, then it may use those remaining points | 16 | | at the same warehouse to satisfy a points compliance | 17 | | obligation in any of the following 3 years. | 18 | | (2) Operators transferring points to a different | 19 | | compliance period must demonstrate that any on-site | 20 | | improvements or equipment installations that were used to | 21 | | earn the points being transferred are still operational at | 22 | | that facility in the year that points are used. | 23 | | (3) Points earned 3 years or less before an operator's | 24 | | first compliance period may be banked and transferred up | 25 | | to 3 years after the operator's first compliance period. | 26 | | This early compliance must be documented in an annual |
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| 1 | | report immediately following the year in which the action | 2 | | or investment was completed. | 3 | | (4) regulated facilities that manage a truck trip to | 4 | | or from an overburdened community shall have 25% higher | 5 | | points compliance obligations. | 6 | | (5) When considering alternatives to truck trips for | 7 | | incoming or outgoing trips, the operator shall consult | 8 | | impacted and displaced workers in selecting an alternative | 9 | | to truck trips and shall only use an alternative upon | 10 | | agreement with the impacted and displaced workers. If | 11 | | employees in a regulated facility have an exclusive | 12 | | bargaining unit representative and the bargaining unit or | 13 | | the terms of the collective bargaining agreement would be | 14 | | impacted by the use of an alternative, then the operator | 15 | | shall consult with and obtain agreement from the employees | 16 | | who are impacted, displaced, or both and the | 17 | | representative, in writing, before using the alternative. | 18 | | (f) Permitting. | 19 | | (1) The Agency shall be in charge of permit issuance. | 20 | | Permits shall be reviewed at a minimum every 3 years for | 21 | | facilities in designated overburdened communities, and | 22 | | every 5 years in other locations. | 23 | | (A) Permits shall only be issued if a regulated | 24 | | facility has paid its registration fee and will meet | 25 | | its compliance obligations. | 26 | | (B) Permits shall only be reissued if a regulated |
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| 1 | | facility has paid its registration fee and met its | 2 | | compliance obligations or paid the associated fines if | 3 | | not meeting compliance obligations. | 4 | | (2) The issuance of permits shall consider the | 5 | | following: | 6 | | (A) Cumulative impact borne by the community | 7 | | within one-half mile of the proposed facility, if | 8 | | available; | 9 | | (B) Monitoring data, including FRM, fence line, | 10 | | and satellite data; | 11 | | (C) Modeled emissions rates for facility | 12 | | activities, integrating inputs such as truck counts | 13 | | and on-site activities such as idling; | 14 | | (D) Recommendations of the Commission. | 15 | | (3) At any time, a permit review can be triggered at | 16 | | the request of the Commission, an overburdened community, | 17 | | or community representative that presents compelling | 18 | | quantitative evidence, such as truck counts or monitoring | 19 | | data, or qualitative evidence, such health surveys or | 20 | | focus groups, that shows a facility is contributing to | 21 | | cumulative burden. | 22 | | (4) The Agency shall issue additional rules | 23 | | determining under what circumstances a facility may have | 24 | | its permit revoked. Permits shall not be issued or renewed | 25 | | until the regulated facility is in compliance including | 26 | | payment of any fines or fees. |
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| 1 | | (5) The Agency shall require a regulated facility to | 2 | | obtain a modified permit if the regulated facility has any | 3 | | development or major modification that would increase the | 4 | | emissions from activities at the facility. | 5 | | (6) The Agency shall require regulated facilities, as | 6 | | a permit condition, to annually report all information | 7 | | needed by the Agency to fulfill its obligations. | 8 | | (g) Impacts and sources. | 9 | | (1) The Agency shall, in collaboration with the | 10 | | Department of Public Health, disclose air pollution | 11 | | impacts on maternal, infant, and child health and health | 12 | | disparities by census block group or smaller. The Agency | 13 | | shall make available clear information on health symptoms | 14 | | and outcomes. Metrics reported on shall include, but shall | 15 | | not be limited to, the following: | 16 | | (A) the number of emergency room visits due to | 17 | | pollution- related illness; | 18 | | (B) the number of diagnoses of pollution-related | 19 | | ailments; and | 20 | | (C) the number of missed work and school days. | 21 | | (2) The Agency shall, in collaboration with the State | 22 | | Board of Education, disclose air pollution impacts on | 23 | | educational attainment. Metrics reported on at the census | 24 | | block level include, but shall not be limited to: | 25 | | (A) school attendance; | 26 | | (B) academic performance; and |
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| 1 | | (C) graduation rates. | 2 | | (3) The Agency shall, in collaboration with the | 3 | | Department, disclose air pollution impacts on the economy. | 4 | | Metrics that shall be reported on at the census block | 5 | | level include, but are not limited to: | 6 | | (A) labor force participation, measured in missed | 7 | | workdays; | 8 | | (B) labor force productivity; and | 9 | | (C) inflation and tax revenues. | 10 | | (4) The Agency shall disclose the sources of air | 11 | | pollution at the granularity of census block group or | 12 | | greater. | 13 | | (5) The Agency shall disclose the jurisdiction with | 14 | | authority over mitigation of emissions from each type of | 15 | | emissions source. | 16 | | (6) The Agency shall, in collaboration with the | 17 | | Department of Labor, Department of Financial and | 18 | | Professional Regulation, and other relevant agencies, | 19 | | annually publish a list of warehouses and other | 20 | | truck-attracting facilities that will include the | 21 | | following information, which shall be annually reported by | 22 | | the facilities: | 23 | | (A) location; | 24 | | (B) facility square footage; | 25 | | (C) operator name; | 26 | | (D) owner name; |
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| 1 | | (E) secured lender name; | 2 | | (F) number of loading docks; | 3 | | (G) compliance status; | 4 | | (H) documented labor violations; | 5 | | (I) the number of electric vehicle charging | 6 | | stations installed and actual usage; | 7 | | (J) the number of hydrogen fueling stations | 8 | | installed and actual usage; | 9 | | (K) the number of on-site renewable energy | 10 | | generation systems installed; | 11 | | (L) the number of vehicles used to deliver from | 12 | | the site that are owned by the operator but leased to a | 13 | | third-party and the proportion of those vehicles that | 14 | | are leased and the proportion that are owned by the | 15 | | operator; | 16 | | (M) the average daily number of inbound and | 17 | | outbound vehicle trips by vehicle weight and class, by | 18 | | time of day, and by day of the week; | 19 | | (N) the average daily vehicle miles traveled for | 20 | | all vehicles making inbound and outbound trips; | 21 | | (O) total number, age, race and ethnicity of | 22 | | residents within 0.5 mile; | 23 | | (P) site profit; | 24 | | (Q) sum of tax subsidies; | 25 | | (R) the number of jobs at the facility, including | 26 | | drivers and others employed by third-party |
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| 1 | | contractors, with a breakdown of percentage of | 2 | | part-time and full-time employees, independent | 3 | | contractors, unionized and non-union employees; | 4 | | (S) the percentage of vehicles used, specifying | 5 | | on-road vehicles and off-road vehicles as well as | 6 | | weight and vehicle class, that are zero emissions; | 7 | | (T) the identity of subcontractors who conduct | 8 | | more than 10% of total delivery vehicle trips from the | 9 | | site, including the entity name, principal officers, | 10 | | business address and contact information, and total | 11 | | number of employees; and | 12 | | (U) any other information necessary to effectively | 13 | | implement and enforce any rule or regulation | 14 | | promulgated pursuant to this Section. The annual | 15 | | report shall be consistent with consistent with the | 16 | | transparency requirements in subsection (l). | 17 | | (i) Insights, Jobs, and Environmental Justice Grant | 18 | | Program. The Agency shall create and administer an Insights, | 19 | | Jobs, and Environmental Justice Grant Program. The Insights, | 20 | | Jobs, and Environmental Justice Grant Program shall be | 21 | | designed to: | 22 | | (1) identify overburdened communities, in | 23 | | collaboration with residents of overburdened communities, | 24 | | representatives of those communities, or both; | 25 | | (2) deploy an air monitoring network to collect | 26 | | sufficient air quality data for review and accountability; |
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| 1 | | and | 2 | | (3) identify sources and impacts of concern to | 3 | | communities. | 4 | | The Agency shall provide staff support for design of a | 5 | | monitoring program, co-location of instruments, implementation | 6 | | of data methods, analysis, grant facilitators, grant writing, | 7 | | capacity building, outreach and communication. Applications | 8 | | for grants programs should be as simple and streamlined as | 9 | | possible to maximize participation. Application forms and | 10 | | applications should be reviewed by the Commission to ensure | 11 | | accessibility and appropriateness of awards. | 12 | | (j) Insights analysis program. | 13 | | (1) In 2025 and every 2 years thereafter, the Agency | 14 | | must conduct a review to determine levels of criteria | 15 | | pollutants in the overburdened communities and in median | 16 | | comparison neighborhoods. Unredacted reviews must be made | 17 | | accessible to the public in full, unless necessary to | 18 | | comply with confidentiality restrictions, and must be | 19 | | posted on a publicly available, multilingual website. | 20 | | Reviews must include an evaluation of initial and | 21 | | subsequent impacts related to criteria pollution in | 22 | | overburdened communities and in comparison to median | 23 | | comparison neighborhoods and may also include climate | 24 | | impacts in overburdened communities. | 25 | | (2) The Agency, in collaboration with the Department | 26 | | and the Board, must identify significant emitters and |
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| 1 | | their parent companies, extent and kind of emissions. | 2 | | (3) The Agency shall identify or develop models for | 3 | | emissions inventories from regulated facilities; tools | 4 | | usable by communities to attribute air pollution to | 5 | | different sources and industries; and models to describe | 6 | | on-site activities by an emissions rate, such as grams per | 7 | | hour or tons per year. | 8 | | (k) Funding. | 9 | | (1) The Board shall impose an annual registration fee | 10 | | for regulated facilities, and institute additional fines | 11 | | for regulated facilities that fail to comply with any | 12 | | rules or regulations promulgated pursuant to this Section. | 13 | | (2) The fees and fines shall be made payable to the | 14 | | Environmental Protection Trust Fund. | 15 | | (3) The minimum registration fee shall be set at a | 16 | | level sufficient to ensure the Agency has the resources to | 17 | | conduct all activities specified in this Act. | 18 | | (4) A portion of funds, to be determined by | 19 | | consultation with overburdened community representatives | 20 | | and approved by the Commission, shall be used to fund the | 21 | | Insights, Jobs, and Environmental Justice Grant Program | 22 | | established under this Section; and materials necessary to | 23 | | provide education on monitoring, air quality, and impacts | 24 | | of pollution in overburdened communities. | 25 | | (5) The Environmental Protection Trust Fund is | 26 | | authorized to make all payments to achieve the purposes of |
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| 1 | | this Section. | 2 | | (l) Public participation and transparency. | 3 | | (1) The Agency shall provide a public participation | 4 | | process, including, but not limited to: | 5 | | (A) public notice of the submission of permit | 6 | | applications or revisions, overburdened community | 7 | | permit review request, requests for new FEM or FRM | 8 | | monitors, or co-location of monitors; | 9 | | (B) posting, on a public website in | 10 | | machine-readable format, the full permit application, | 11 | | revision, or review request, or request for monitor or | 12 | | co-location, the draft and final findings by the | 13 | | consulted agencies, and the agencies' response to | 14 | | comments; | 15 | | (C) an opportunity for the submission of public | 16 | | comments; | 17 | | (D) an opportunity for a public hearing before a | 18 | | determination; | 19 | | (E) a summary and response of the comments | 20 | | prepared by the consulted agencies; and | 21 | | (F) communications between impacted communities | 22 | | must be in English and any language that 10% or more of | 23 | | non-English speaking residents speak. | 24 | | (2) The Agency shall track progress on reduction of | 25 | | emissions from regulated facilities in an easily | 26 | | accessible format. |
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| 1 | | (m) Investigation. | 2 | | (1) The Agency shall conduct an annual investigation | 3 | | of a random selection of at least 3% of regulated | 4 | | facilities in non-overburdened communities. The Agency | 5 | | shall conduct an annual investigation of at least 7% of | 6 | | all regulated facilities sources in overburdened | 7 | | communities. The Agency shall conduct an annual | 8 | | investigation of any regulated facilities with more than | 9 | | 500 children under the age of 5 living within one-half | 10 | | mile. Communities may request an investigation. This | 11 | | request shall be granted as of right if the source is | 12 | | already identified as a high priority emitter or the | 13 | | community is already identified as an overburdened | 14 | | community. The results of any investigation shall be made | 15 | | public along with any recommended or required mitigation | 16 | | actions. | 17 | | (2) An investigation shall consist of the following: | 18 | | (A) review of fence line monitoring data; | 19 | | (B) an analysis of satellite data; | 20 | | (C) updates on land use, truck counts and ages, | 21 | | and duration of idling, and other inputs into | 22 | | emissions inventories; | 23 | | (D) the identification of defeat devices installed | 24 | | on trucks; | 25 | | (E) determination of annual emissions rate from | 26 | | the source and expected concentration enhancements |
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| 1 | | from the source at one-half and one mile distance; and | 2 | | (F) other metrics identified as important by | 3 | | community representatives. | 4 | | (n) Beneficial electrification based on health and equity | 5 | | insights. | 6 | | (1) Community monitoring, fence line monitoring, | 7 | | meteorological data, and analysis of satellite data shall | 8 | | all be considered when identifying priority communities | 9 | | for beneficial electrification. | 10 | | (2) New and modified facilities shall be ready for | 11 | | zero-emissions operations. The Agency shall issue | 12 | | guidelines specifying how new and modified facilities | 13 | | shall include: | 14 | | (i) on-site solar power generation; | 15 | | (ii) battery storage; and | 16 | | (iii) a managed charging system. | 17 | | (o) Standing for Citizen Suits. Any resident within | 18 | | one-half mile of a regulated facility shall have standing in a | 19 | | civil suit to secure the protections of this Section. If a | 20 | | legal proceeding determines that a regulated entity | 21 | | misrepresented statements, beyond a de minimis error, or has | 22 | | not met a compliance obligation under this Section, the party | 23 | | who brought the suit shall be entitled to attorneys' fees and | 24 | | twice the value of the annual fees owed by the facility for the | 25 | | year the suit was brought. | 26 | | (p) Severability. If any provision of this Section or its |
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| 1 | | application to any person or circumstance is held invalid, the | 2 | | invalidity does not affect other provisions or applications of | 3 | | this Section which can be given effect without the invalid | 4 | | provision or application, and to this end the provisions of | 5 | | this Section are severable. | 6 | | Section 10. The Environmental Justice Act is amended by | 7 | | changing Section 10 as follows: | 8 | | (415 ILCS 155/10) | 9 | | Sec. 10. Commission on Environmental Justice. | 10 | | (a) The Commission on Environmental Justice is established | 11 | | and consists of the following 24 voting members: | 12 | | (1) 2 members of the Senate, one appointed by the | 13 | | President of the Senate and the other by the Minority | 14 | | Leader of the Senate, each to serve at the pleasure of the | 15 | | appointing officer; | 16 | | (2) 2 members of the House of Representatives, one | 17 | | appointed by the Speaker of the House of Representatives | 18 | | and the other by the Minority Leader of the House of | 19 | | Representatives, each to serve at the pleasure of the | 20 | | appointing officer; | 21 | | (3) the following ex officio members: the Director of | 22 | | Commerce and Economic Opportunity or his or her designee, | 23 | | the Director of the Environmental Protection Agency or his | 24 | | or her designee, the Director of Natural Resources or his |
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| 1 | | or her designee, the Director of Public Health or his or | 2 | | her designee, the Secretary of Transportation or his or | 3 | | her designee, and a representative of the housing office | 4 | | of the Department of Human Services appointed by the | 5 | | Secretary of Human Services; and | 6 | | (4) 14 members appointed by the Governor who represent | 7 | | the following interests: | 8 | | (i) at least 4 members of affected communities | 9 | | concerned with environmental justice; | 10 | | (ii) at least 2 members of business organizations | 11 | | including one member representing a statewide | 12 | | organization representing manufacturers and one member | 13 | | representing an organization representing the energy | 14 | | sector; | 15 | | (iii) environmental organizations; | 16 | | (iv) experts on environmental health and | 17 | | environmental justice; | 18 | | (v) units of local government; | 19 | | (vi) members of the general public who have an | 20 | | interest or expertise in environmental justice; and | 21 | | (vii) at least 2 members of labor organizations | 22 | | including one member from a statewide labor federation | 23 | | representing more than one international union and one | 24 | | member from an organization representing workers in | 25 | | the energy sector. | 26 | | (b) Of the initial members of the Commission appointed |
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| 1 | | by the Governor, 5 shall serve for a 2-year term and 5 | 2 | | shall serve for a 1-year term, as designated by the | 3 | | Governor at the time of appointment. The members appointed | 4 | | by the Governor for terms beginning before the effective | 5 | | date of this amendatory Act of the 102nd General Assembly | 6 | | shall serve 2-year terms. Members appointed by the | 7 | | Governor for terms beginning on or after the effective | 8 | | date of this amendatory Act of the 102nd General Assembly | 9 | | shall serve 4-year terms. Vacancies shall be filled in the | 10 | | same manner as appointments. Members of the Commission | 11 | | appointed by the Governor may not receive compensation for | 12 | | their service on the Commission and are not entitled to | 13 | | reimbursement for expenses. | 14 | | (c) The Governor shall designate a Chairperson from among | 15 | | the Commission's members. The Commission shall meet at the | 16 | | call of the Chairperson, but no later than 90 days after the | 17 | | effective date of this Act and at least quarterly thereafter. | 18 | | (d) The Commission shall: | 19 | | (1) advise State entities on environmental justice and | 20 | | related community issues; | 21 | | (2) review and analyze the impact of current State | 22 | | laws and policies on the issue of environmental justice | 23 | | and sustainable communities; | 24 | | (3) assess the adequacy of State and local laws to | 25 | | address the issue of environmental justice and sustainable | 26 | | communities; |
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| 1 | | (4) develop criteria to assess whether communities in | 2 | | the State may be experiencing environmental justice | 3 | | issues; and | 4 | | (4.5) identify high-priority emitters; and | 5 | | (5) recommend options to the Governor for addressing | 6 | | issues, concerns, or problems related to environmental | 7 | | justice that surface after reviewing State laws and | 8 | | policies, including prioritizing areas of the State that | 9 | | need immediate attention. | 10 | | (e) On or before October 1, 2011 and each October 1 | 11 | | thereafter, the Commission shall report its findings and | 12 | | recommendations to the Governor and General Assembly. | 13 | | (f) The Environmental Protection Agency shall provide | 14 | | administrative and other support to the Commission. | 15 | | (Source: P.A. 102-1129, eff. 2-10-23.)". |
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