Full Text of SB0852 103rd General Assembly
SB0852sam001 103RD GENERAL ASSEMBLY | Sen. Christopher Belt Filed: 5/8/2023
| | 10300SB0852sam001 | | LRB103 03311 LNS 61610 a |
|
| 1 | | AMENDMENT TO SENATE BILL 852
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 852 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Justice Act is amended by | 5 | | adding Section 15 as follows: | 6 | | (415 ILCS 155/15 new) | 7 | | Sec. 15. Environmental Justice Public Participation | 8 | | Program. | 9 | | (a) The purposes of the Environmental Justice Public | 10 | | Participation Program include: | 11 | | (1) ensuring that communities are not | 12 | | disproportionately impacted by degradation of the | 13 | | environment and do not receive less than an equitable | 14 | | share of environmental protection and benefits; and | 15 | | (2) strengthening the public's involvement in | 16 | | environmental permitting. |
| | | 10300SB0852sam001 | - 2 - | LRB103 03311 LNS 61610 a |
|
| 1 | | (b) As used in this Section: | 2 | | "Agency" means the Environmental Protection Agency. | 3 | | "Area of environmental justice concern" means a census | 4 | | block group or area within one mile of a census block group | 5 | | that, in either case, has (i) an average household income that | 6 | | is less than the poverty guidelines updated periodically in | 7 | | the Federal Register by the U.S. Department of Health and | 8 | | Human Services under the authority of 42 U.S.C. 9902(2) or | 9 | | (ii) a minority population that is greater than twice the | 10 | | statewide average. | 11 | | "EJ Start" means a geographic information system mapping | 12 | | tool developed by the Agency for the purpose of identifying | 13 | | census block groups and areas within one mile of census block | 14 | | groups meeting the environmental justice demographic screening | 15 | | criteria. EJ Start is the relevant environmental justice | 16 | | mapping tool for the Agency's environmental public | 17 | | participation and shall be updated with each federal decennial | 18 | | census. | 19 | | "Office of Environmental Justice" means the office within | 20 | | the Agency that has the primary responsibility for | 21 | | coordinating all environmental justice efforts set forth in | 22 | | this Act. | 23 | | (c) The Office of Environmental Justice shall: | 24 | | (1) act as the liaison for the Agency on environmental | 25 | | justice issues; | 26 | | (2) conduct enhanced public outreach in areas of |
| | | 10300SB0852sam001 | - 3 - | LRB103 03311 LNS 61610 a |
|
| 1 | | environmental justice concern; | 2 | | (3) respond to general inquiries concerning | 3 | | environmental justice; and | 4 | | (4) respond to public comments received on proposed | 5 | | permitting actions raising environmental justice concerns. | 6 | | (d) The requirements of this Section apply to the | 7 | | following permitting actions within areas of environmental | 8 | | justice concern as documented on EJ Start: | 9 | | (1) construction permits for new sources that would | 10 | | require a Clean Air Act Permit Program (CAAPP) permit; | 11 | | (2) construction permits for new sources that would | 12 | | require a Federally Enforceable State Operating Permit | 13 | | (FESOP); | 14 | | (3) Nonattainment New Source Review permits, as | 15 | | defined in Section 3.298 of the Environmental Protection | 16 | | Act, for major modifications at existing sources; and | 17 | | (4) Prevention of Significant Deterioration permits, | 18 | | as defined in Section 3.363 of the Environmental | 19 | | Protection Act, for major modifications at existing | 20 | | sources. | 21 | | (e) The Office of Environmental Justice shall use | 22 | | environmental justice notifications to contact inhabitants in | 23 | | areas of environmental justice concern, elected officials, and | 24 | | other interested parties to provide notice of a proposed | 25 | | permit action identified in paragraphs (1) through (4) of | 26 | | subsection (d) in that particular area of environmental |
| | | 10300SB0852sam001 | - 4 - | LRB103 03311 LNS 61610 a |
|
| 1 | | justice concern. An environmental justice notification shall | 2 | | include the following information: | 3 | | (1) the facility name; | 4 | | (2) the facility address; | 5 | | (3) the Bureau identification number; | 6 | | (4) the permit application reference number; | 7 | | (5) a short summary of the proposed project; | 8 | | (6) public notice details of the permit if subject to | 9 | | State or federal public notice requirements; and | 10 | | (7) Environmental Justice Coordinator contact | 11 | | information. | 12 | | (f) If an area is not designated as an area of | 13 | | environmental justice concern due to an error in the Agency's | 14 | | application of EJ Start, a resident of that area may make a | 15 | | request in writing to the Agency for reconsideration of the | 16 | | designation upon providing the Office of Environmental Justice | 17 | | census data that would otherwise demonstrate the area is an | 18 | | area of environmental justice concern. | 19 | | If an area is designated as an area of environmental | 20 | | justice concern due to an error in the Agency's application of | 21 | | EJ Start, a resident of that area may make a request in writing | 22 | | to the Agency for reconsideration of the designation upon | 23 | | providing the Office of Environmental Justice census data that | 24 | | would otherwise demonstrate that the area is not an area of | 25 | | environmental justice concern. Such requests for | 26 | | reconsideration may also be made by a resident of that area in |
| | | 10300SB0852sam001 | - 5 - | LRB103 03311 LNS 61610 a |
|
| 1 | | writing to the Agency demonstrating that the designation may | 2 | | negatively impact the area. | 3 | | (g) The following requirements apply to permitting | 4 | | transactions in areas of environmental justice concern: | 5 | | (1) The permit application shall include an | 6 | | Environmental Impact Analysis, which shall include the | 7 | | following information: | 8 | | (A) air dispersion modeling examining the air | 9 | | quality-related impacts from the proposed project in | 10 | | combination with existing mobile and stationary air | 11 | | emitting sources at the facility; and | 12 | | (B) a quantitative analysis, based on the air | 13 | | dispersion modeling, on the direct and indirect | 14 | | impacts of the project on the community immediately | 15 | | surrounding the facility. | 16 | | (2) In addition to any other fees imposed under this | 17 | | Act, a fee of $500 shall accompany the permit application. | 18 | | (h) In compliance with 40 CFR Parts 5 and 7, the Agency | 19 | | shall establish a grievance procedure to ensure prompt and | 20 | | fair resolution of complaints alleging violations of Title VI, | 21 | | Section 601 of the Civil Rights Act of 1964 or this Act. | 22 | | (1) A person, or the authorized representative of a | 23 | | person, who believes that he or she or a class of persons | 24 | | has been discriminated against in violation of Title VI, | 25 | | Section 601 of the Civil Rights Act of 1964 or this Act may | 26 | | file a complaint with the Agency. The complaint shall: |
| | | 10300SB0852sam001 | - 6 - | LRB103 03311 LNS 61610 a |
|
| 1 | | (A) be in writing; | 2 | | (B) be filed within 60 days of an alleged | 3 | | violation of Title VI, Section 601 of the Civil Rights | 4 | | Act of 1964 or this Act; | 5 | | (C) describe with specificity the actions by the | 6 | | Agency that allegedly result in discrimination in | 7 | | violation of 40 CFR Parts 5 and 7; | 8 | | (D) describe with specificity the discrimination | 9 | | that allegedly has occurred or will occur as the | 10 | | result of such action; | 11 | | (E) identify the parties impacted or potentially | 12 | | impacted by the alleged discrimination; and | 13 | | (F) be addressed to Environmental Protection | 14 | | Agency. | 15 | | (2) The Agency may waive the requirement in | 16 | | subparagraph (B) of paragraph (1) in order to address at | 17 | | the earliest appropriate and feasible juncture or for good | 18 | | cause allegations of potential discrimination caused by | 19 | | pending actions. | 20 | | (3) Within 10 days of receiving a written complaint | 21 | | under this subsection, the Agency shall provide the | 22 | | complainant with written notice of receipt. At that time, | 23 | | the Agency may request additional information needed to | 24 | | complete the complaint. Within 10 days of receiving | 25 | | additional information, the Agency shall provide the | 26 | | complainant with written notice that the complaint is |
| | | 10300SB0852sam001 | - 7 - | LRB103 03311 LNS 61610 a |
|
| 1 | | complete. | 2 | | (4) The Agency, based on the complaint, shall | 3 | | determine if it has jurisdiction to pursue the matter and | 4 | | whether the complaint has sufficient merit to warrant an | 5 | | investigation. A complaint shall be regarded as meriting | 6 | | investigation unless: | 7 | | (A) on its face, the complaint appears frivolous | 8 | | and fraudulent; | 9 | | (B) within the time allotted for making the | 10 | | determination of jurisdiction and investigative merit, | 11 | | the Agency voluntarily concedes noncompliance and | 12 | | agrees to take appropriate remedial action; | 13 | | (C) within the time allotted for making the | 14 | | determination of jurisdiction and investigative merit, | 15 | | the complainant withdraws the complaint; or | 16 | | (D) the complaint is not timely filed and good | 17 | | cause does not exist for waiving the timing | 18 | | requirement. | 19 | | (f) Within 120 days of accepting a written complaint, the | 20 | | Agency shall respond in writing to the complainant with a | 21 | | proposed resolution. | 22 | | (g) The Agency shall provide a report to the Commission on | 23 | | Environmental Justice annually regarding the status of all | 24 | | grievances made pursuant to this Section. ".
|
|