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90_HB0518
New Act
30 ILCS 105/5.449 new
Creates the Environmental Justice Act to expand State and
community involvement in toxic chemical facility siting
decisions affecting areas designated as environmental high
impact areas. Amends the State Finance Act to create the
Environmental Justice Trust Fund. Effective immediately.
LRB9001340DPcc
LRB9001340DPcc
1 AN ACT to create the Environmental Justice Act, amending
2 a named Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Environmental Justice Act.
7 Section 5. Definitions.
8 "Agency" means the Environmental Protection Agency.
9 "Community" means the area and population located near,
10 and generally affected by, the toxic chemical facility.
11 "Director" means the Director of the Illinois
12 Environmental Protection Agency.
13 "Environmental High Impact Area" or "EHIA" means any
14 county or other appropriate geographic unit that meets a
15 threshold level of risk to human health posed by releases of
16 toxic chemicals in that county or other appropriate
17 geographic unit.
18 "Department" means the Department of Public Health.
19 "Toxic chemical facility" means a solid waste landfill, a
20 commercial waste incinerator, or a commercial hazardous waste
21 treatment storage or disposal facility.
22 Section 10. Statewide identification of environmental
23 high impact areas.
24 (a) Within 12 months of the effective date of this Act,
25 the Director of the Illinois Environmental Protection Agency
26 shall assess the degree of risk to human health posed by
27 releases of toxic chemicals in each county or other
28 appropriate geographic unit as determined by the Director.
29 (1) The Director shall publish for public comment,
30 not later than December 31, 1997, the methods to be used
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1 to assess the degree of risk posed by releases of toxic
2 chemicals to public health and the environment, as
3 required under this subsection, as well as the basis for
4 the threshold level of risk determined by the Director to
5 be "substantial" pursuant to subsection (b). In
6 compiling this data, the Director shall disregard toxic
7 chemicals which are in a contained, controlled
8 environment, such as barrels, factories, warehouses, or
9 lined landfills.
10 (2) The Director shall publish for public comment,
11 not later than December 31, 1997, the methods to be used
12 to calculate the total weight of toxic chemicals released
13 in each county or other appropriate geographic unit.
14 (3) For each county or other appropriate geographic
15 unit, the Director shall calculate and compile the total
16 weight of toxic chemicals released into the ambient
17 environment, broken down by releases into each
18 environmental media, including air, water, and land and
19 into each toxic chemical.
20 (b) Within 12 months of the effective date of this Act,
21 and annually thereafter, the Director shall designate any
22 county or other appropriate geographic unit as an
23 Environmental High Impact Area (EHIA) if the degree of risk
24 to human health posed by releases of toxic chemicals in that
25 county or other appropriate geographic unit meets a threshold
26 level of substantial risk. The Director shall establish this
27 threshold level.
28 The Director shall publish a list of the counties or
29 other appropriate geographic units of the State that are
30 designated as EHIAs. The Director shall revise and republish
31 this list every 2 years using the most recent data available.
32 (c) Within 12 months of the effective date of this Act,
33 the Director of the Illinois Department of Public Health
34 shall issue a report on EHIAs that shall:
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1 (1) document incidences of cancer, birth
2 deformities, infant morality rates, and respiratory
3 diseases in EHIAs.
4 (2) compare the incidence of health impacts
5 identified in paragraph (1) in EHIAs with national, state
6 and demographic averages;
7 (3) assess the individual and cumulative health
8 risks posed by releases of toxic chemicals in EHIAs;
9 (4) determine the levels to which releases of toxic
10 chemicals, individually and cumulatively, must be reduced
11 so that a county or other appropriate unit shall no
12 longer be designated as an EHIA;
13 (5) assess the impact of releases of toxic
14 chemicals not regulated by law and releases in violation
15 of current law on EHIAs.
16 This report shall be made available to the public.
17 Section 15. Community impact statements.
18 (a) The Agency shall adopt rules to require the
19 preparation of a community impact statement as part of a
20 local permitting process for a new toxic chemical facility
21 and for the expansion of an existing facility.
22 (b) Each community impact statement shall be made
23 available for public review, following its release to the
24 local community's elected officials.
25 (c) Within 12 months of the date on which a permit
26 application is filed, a community impact statement shall be
27 completed by an independent contractor. The independent
28 contractor shall meet qualifications to be identified by the
29 Agency and shall be selected by the community's chief elected
30 official after the official consults with community members
31 and the permit applicant.
32 (d) The Agency shall set a fee for each permit
33 application for which a community impact statement is
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1 required. The fee shall cover the costs of preparing the
2 community impact statement.
3 (e) A community impact statement shall provide a
4 detailed summary of findings, written in plain language and
5 limiting the use of technical terms. The statement must
6 identify and describe each of the following:
7 (1) the number and types of jobs to be created for
8 community members;
9 (2) the safety standards for the treatment and
10 storage of toxic chemicals;
11 (3) the proximity of schools and residential areas
12 to the proposed location of the facility;
13 (4) the facility's emergency contingency plans;
14 (5) the applicant's record of compliance with State
15 and federal environmental laws, including records of
16 compliance in other states and records of any firms
17 affiliated with the applicant; and
18 (6) the presence of any other existing toxic
19 chemical facilities and hazardous waste sites in the
20 affected community.
21 (f) When a community impact statement has been prepared
22 under this Act, the local permitting authority shall:
23 (1) Give great weight to the community impact
24 statement when making a final decision regarding the
25 issuance of a permit.
26 (2) Deny an applicant a permit if the statement
27 identifies any current unabated violations of other
28 permits held by the applicant.
29 (3) Deny the applicant its permit if it is deemed a
30 "bad actor" because of numerous violations in the past.
31 The Director shall determine the number of past
32 violations necessary to be deemed a "bad actor" as well
33 as the time period to be considered in making this
34 determination.
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1 (3) Hold a public hearing to receive public comment
2 from members of the community where the site would be
3 located regarding the community impact statement and
4 other issues relating to the permitting of a facility in
5 their community. The authors of the community impact
6 statement, local government officials, and
7 representatives of the proposed facility shall
8 participate in the hearing. The statement and comments
9 made at the public hearing shall be part of the record on
10 which the permitting decision is based.
11 (b) When a community impact statement prepared under
12 this Act identifies a likely significant adverse effect on
13 the community where the facility will be located, the State
14 shall take actions to mitigate the effects. The Agency may
15 attempt to mitigate these effects by supporting community
16 programs relating to employment and economic development,
17 including:
18 (1) job training and placement programs;
19 (2) community development corporations;
20 (3) loans for local businesses;
21 (4) day care centers for low-income working
22 parents; and
23 (5) adult educational programs.
24 The Agency, in consultation with the appropriate State
25 officials, shall specify which adverse impacts are to be
26 considered significant under this subsection.
27 Section 20. Grants for community impact studies of
28 existing facilities.
29 (a) The Agency shall establish a program for the purpose
30 of distributing community impact study grants. The community
31 impact study grants shall:
32 (1) be funded by user fees levied upon owners or
33 operators of toxic chemical facilities;
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1 (2) be used to enable individuals, citizens groups,
2 and local governments to obtain an independent study of
3 the impact of existing toxic chemical facilities in the
4 community that were sited prior to the effective date of
5 this Act; and
6 (3) detail the effects of the facility on the
7 community's economy, environment, and public health.
8 (b) To be eligible for a community impact study grant,
9 an applicant must present evidence to the Agency that the
10 community experiences significant economic difficulties,
11 environmental hazards, or public health problems.
12 (c) Independent studies of existing facilities prepared
13 under this Section may be used:
14 (1) to facilitate the filing of citizen petitions
15 for a public hearing;
16 (2) to request that the Director investigate the
17 need for remedial action; or
18 (3) to qualify for State assistance and community
19 programs relating to employment and economic development
20 described in subsection (f) of Section 15 of this Act.
21 Section 25. Community programs.
22 (a) The Agency shall establish for communities located
23 in EHIAs the following:
24 (1) A program enabling the communities to hire
25 independent experts to conduct both on site and off site
26 monitoring of local facilities to ensure compliance with
27 State and federal laws.
28 (2) Community environmental resource centers
29 located within existing community service facilities and
30 institutions, staffed by an environmental expert, which
31 shall:
32 (A) provide environmental awareness training
33 to citizens;
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1 (B) provide education to citizens about State
2 and federal "right-to-know" laws;
3 (C) inform citizens of opportunities to
4 participate in and affect governmental decisions
5 regarding the environment; and
6 (D) serve as a clearinghouse for environmental
7 information.
8 (3) An information and referral service that
9 fosters collaboration between residents of an EHIA and
10 environmental groups, health experts, and legal advisors
11 who are willing to volunteer their services to promote
12 environmental justice.
13 (b) The State shall provide grants to community based
14 health facilities located in EHIAs to enable them to
15 establish special programs to monitor and respond to adverse
16 health effects of toxic chemicals on community residents.
17 (c) The Director shall conduct periodic inspections of
18 all toxic chemical facilities in EHIAs to ensure that those
19 facilities with the highest potential for releases of toxic
20 chemicals are operating in compliance with all applicable
21 environmental health and safety laws and applicable permit
22 requirements. The frequency of inspections shall be
23 determined by the Director.
24 (d) If the report required by Section 15 identifies
25 significant adverse health impacts from exposure to toxic
26 chemicals, a review board consisting of citizen
27 representatives of the affected communities within the EHIA,
28 working with industry representatives, legislators, and the
29 governor, shall propose solutions to remedy and prevent such
30 impacts.
31 (e) If a county or other appropriate geographic unit is
32 designated as an EHIA, there shall be a moratorium in that
33 county or other appropriate geographic unit on the siting or
34 permitting of new toxic chemical facilities or the expansion
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1 of existing facilities. However, a new toxic chemical
2 facility or an expansion of an existing facility may be sited
3 or permitted in the county or other appropriate geographic
4 unit during the moratorium if:
5 (1) the appropriate local government determines in
6 accordance with the Director that there is a pressing
7 environmental need for the new facility or expansion; or
8 (2) the facility establishes to the satisfaction of
9 the community that any releases of toxic chemicals from
10 the facility will not have a negative impact on public
11 health or the environment, and the facility commits to
12 maintaining a comprehensive pollution prevention program.
13 A moratorium shall continue in effect until the Agency
14 determines that the county or other appropriate geographic
15 area shall no longer be designated as an EHIA. This
16 determination shall be based on a reassessment of the degree
17 of risk to human health and the environment posed by releases
18 of toxic chemicals in each county or other appropriate
19 geographic unit.
20 Section 30. Special loans program.
21 (a) The Agency shall create a special loans program to
22 provide resources to citizen groups for community based
23 environmental cleanup, health testing, and health
24 remediation.
25 (1) Citizen groups may obtain loans to fund
26 community-wide environmental cleanup, health testing and
27 health remediation activities.
28 (2) To receive a loan under this program, an
29 applicant must submit a detailed proposal outlining how
30 he or she will use the funds and how the cleanup,
31 testing, or remediation will be achieved.
32 (3) Loans shall be forgiven upon satisfactory
33 completion of the proposed cleanup, testing, or
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1 remediation.
2 (b) The Environmental Justice Trust Fund is hereby
3 created as a special fund in the State treasury to support
4 the special loans program created under this Section. The
5 Comptroller and the Treasurer shall transfer on June 30 of
6 each year $250,000 from the General Revenue Fund to the
7 Environmental Justice Trust Fund. Moneys in the Environmental
8 Justice Trust Fund may be invested and reinvested, with all
9 earnings received from investments to be deposited into the
10 Fund and to be used for the same purposes as fees deposited
11 in the Fund. Moneys in the Fund shall be appropriated and
12 expended as provided in this Section.
13 Section 35. Clawback agreements. The State shall allow
14 communities to enter into clawback agreements with the owner
15 or operator of a new toxic chemical facility. If the local
16 government decides to locate a facility in the community
17 because of promises of economic development and increased
18 employment, they may institute a clawback agreement. Under a
19 clawback agreement, a facility that does not satisfy these
20 promises may be obligated to financially compensate the
21 community.
22 Section 40. Toxic use reduction plans.
23 (a) The Agency shall require all toxic chemical
24 facilities in the State to create and implement toxic use
25 reduction plans. Each plan shall evaluate the production or
26 processing methods of the facility, identify possible areas
27 for reduction of the amount of toxic material generated, and
28 outline the methods to be used to implement the reductions.
29 These plans shall be filed with the Director and made
30 available to the public.
31 (b) Each toxic chemical facility that has created and
32 filed a plan pursuant to subsection (a) shall file annual
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1 updates reporting their progress towards implementing the
2 plan and documenting achieved reductions.
3 (c) The Agency shall establish a program to provide
4 technical assistance to owners or operators of toxic chemical
5 facilities. The program shall provide information on ways to
6 reduce the amount of toxic material generated by toxic
7 chemical facilities, including analyses of possible areas for
8 reduction in current production and processing methods. The
9 program shall also assist the operators of toxic chemical
10 facilities in the preparation and implementation of
11 individual toxic use reduction plans.
12 (d) The Agency shall establish a program to provide
13 educational assistance to citizens to enable them to evaluate
14 a toxic chemical facility's toxic use reduction plan and the
15 facility's efforts to implement the reduction plan.
16 Section 45. Public hearing on environmental equity.
17 (a) The Agency shall hold public hearings to investigate
18 issues concerning possible inequities and discrimination in
19 State enforcement of environmental laws.
20 (b) The Agency shall establish citizen advisory
21 committees to ensure direct citizen participation in the
22 hearings.
23 (c) The Agency shall file a report with the General
24 Assembly on or before December 31, 1997 that summarizes the
25 hearings, evaluates any concerns voiced by the citizens, and
26 recommends remedies for any existing inequities or
27 discrimination in enforcement.
28 (d) Additional public hearings shall be held if the
29 Agency determines that a need is shown. The Director may
30 independently make this determination based upon his or her
31 review of a citizen petition. The Director shall file a
32 report, as described in subsection (c), whenever an
33 additional hearing occurs.
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1 Section 50. Clustering.
2 (a) The Agency shall adopt rules prohibiting the
3 issuance of a permit for the construction or operation of any
4 new toxic chemical facility within a designated number of
5 miles of an existing facility, as determined by the Agency.
6 (b) The prohibition in subsection (a) can be waived if,
7 based on public comment from the community where the site
8 would be located, the local government:
9 (1) determines that pressing local environmental
10 needs require a new facility; or
11 (2) decides to accept the siting of a new facility
12 in exchange for incentives offered by the operators of
13 the facility to the community. Those incentives may
14 include, but are not limited to:
15 (A) increased employment;
16 (B) direct payments to the local government;
17 (C) contributions by the facility to the
18 community infrastructure;
19 (D) compensation to individual landowners for
20 any assessed decrease in property values; or
21 (E) subsidization of community services.
22 For purposes of this Section, public comment shall be
23 obtained through hearings, town hall meetings, advisory
24 referenda, and any other appropriate mechanisms.
25 Section 55. Special insurance.
26 The State shall create a program to assist communities
27 and individuals in purchasing special insurance policies to
28 cover the risk of future decreases in property values
29 attributable to the siting or operation of a toxic chemical
30 facility.
31 Section 200. The State Finance Act is amended by adding
32 Section 5.449 as follows:
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1 (30 ILCS 105/5.449 new)
2 Sec. 5.449. The Environmental Justice Trust Fund.
3 Section 999. Effective date. This Act takes effect upon
4 becoming law.