SB2193sam001 97TH GENERAL ASSEMBLY

Sen. Toi W. Hutchinson

Filed: 3/9/2011

09700SB2193sam001 LRB097 08242 JDS 51981 a

AMENDMENT TO SENATE BILL 2193

AMENDMENT NO. ______. Amend Senate Bill 2193 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the "Environmental Justice Act".

Section 5. Legislative findings and purpose.

(a) The General Assembly finds:

(i) that the principle of environmental justice requires that no segment of the population regardless of race, national origin, age, or income should bear disproportionately high or adverse effects of environmental pollution;

(ii) that certain communities in the State may suffer disproportionately from environmental hazards related to facilities with permits approved by the State; and

(iii) that these environmental hazards can cause long-term health effects.

(b) It is, therefore, the purpose of this Act to ensure public participation regarding the siting of sources of environmental pollution to minimize those risks in affected communities.

Section 10. Definitions. As used in this Act, unless the context clearly indicates otherwise:

"Agency" means the Illinois Environmental Protection Agency.

"Board" means the Illinois Pollution Control Board.

"Community environmental benefit agreement" means a written agreement entered into by a municipality and an owner or developer of real property through which the owner or developer agrees to develop real property that is to be used for a new or expanded regulated facility and to provide financial resources for the purpose of the mitigation, in whole or in part, of impacts reasonably related to that facility, including, but not limited to, impacts on the environment, traffic, parking, and noise.

"Environmental justice community" means a United States census block group, as determined in accordance with the most recent United States census data, in which 30% or more of the population consists of low-income persons who are not institutionalized and have an income below 200% of the federal poverty level.

"Meaningful public participation" means (i) giving residents of an environmental justice community an appropriate opportunity to participate in decisions about a proposed regulated facility or the expansion of an existing regulated facility that may adversely affect the residents' environment or health; (ii) allowing the public's participation to influence the decisions of the Agency and Board; and (iii) facilitating the participation of potentially affected persons during the regulatory process.

"Regulated facility" means any pollution control facility, as defined under Section 3.330 of the Environmental Protection Act; any fossil fuel fired electric generating plant of more than 10 megawatts; any waste incinerator; and any major source of air pollution, as defined by the federal Clean Air Act. "Regulated facility" does not include the portion of an electric generating facility that uses non-emitting and non-polluting renewable resources, such as wind, solar, and hydropower, or fuel cells.

Section 15. Commission on Environmental Justice.

(a) The Commission on Environmental Justice is established and consists of the following 13 voting members.

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

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

(3) the Director of the Agency or his or her designee; and

(4) 10 members appointed by the Governor who represent the following interests:

(i) affected communities concerned with environmental justice;

(ii) business organizations;

(iii) environmental organizations;

(iv) experts on environmental health and environmental justice;

(v) units of local government; and

(vi) members of the general public who have an interest or expertise in environmental justice.

(b) Of the initial members of the Commission, 7 shall serve for a 2-year term, 6 shall serve for a 1-year term, as designated by the Governor at the time of appointment. Thereafter, the members shall serve 2-year terms. Vacancies shall be filled in the same manner as appointments. Members of the Commission appointed by the Governor may not receive compensation for their service on the Commission and are not entitled to reimbursement for expenses.

(c) The Governor shall designate a Chairperson from among the Commission's members. The Commission shall meet at the call of the Chairperson, but no later than 90 days after the effective date of this Act and at least quarterly thereafter.

(d) The Commission shall:

(1) advise State entities on environmental justice and related community issues;

(2) review and analyze the impact of current State laws and policies on the issue of environmental justice and sustainable communities;

(3) assess the adequacy of State and local laws to address the issue of environmental justice and sustainable communities;

(4) develop criteria to assess whether communities in the State may be experiencing environmental justice issues; and

(5) recommend options to the Governor for addressing issues, concerns, or problems related to environmental justice that surface after reviewing State laws and policies, including prioritizing areas of the State that need immediate attention.

(e) On or before October 1, 2011 and each October 1 thereafter, the Commission shall report its findings and recommendations to the Governor and General Assembly.

(f) The Agency shall provide administrative and other support to the Commission.

Section 20. Public participation in decisions affecting environmental justice communities.

(a) Before seeking either approval, renewal, or modification of a permit from the Agency for a regulated facility that is located or proposed to be located in an environmental justice community or local siting approval from a unit of local government for a regulated facility that is located or proposed to be located in an environmental justice community, the person seeking that action must file a meaningful public participation plan with the Agency or local siting authority, as applicable, and obtain that governmental entity's approval of the plan.

(b) Each meaningful public participation plan must contain measures to facilitate meaningful public participation in the regulatory process and a certification that the person seeking the governmental action will undertake the measures contained in the plan. The plan must identify a time and place where an informal public meeting will be held that is convenient for the residents of the affected environmental justice community. In addition, the plan must identify the methods by which the person seeking the governmental action will publicize the date, time, and nature of the informal public meeting in addition to the publication required by subsection (c) of this Section. Such methods may include, but are not limited to, (i) posting a reasonably visible sign on the proposed or existing facility property, printed in English, in accordance with any local regulations and ordinances, (ii) posting a reasonably visible sign, printed in all languages spoken by at least 20% of the population that resides within a half-mile radius of the proposed or existing facility, in accordance with local regulations and ordinances, (iii) notifying neighborhood and environmental groups, in writing, in a language appropriate for the target audience, and (iv) notifying local and State elected officials, in writing.

(c) Not less than 10 days before the informal public meeting and not more than 30 days before that meeting, the person seeking the governmental action must publish the date, time, and nature of the informal public meeting (i) in person or by mail to the members of the General Assembly from the legislative district in which the regulated facility is located or proposed to be located, (ii) by registered or certified mail to the owners of all real property located within 250 feet of the regulated facility or the proposed regulated facility, and (iii) to the general public by publication in a newspaper of general circulation in the county in which the regulated facility is located or the proposed regulated facility is to be located. The person seeking the governmental action shall post a similar notification of the informal public meeting on its website, if it maintains one.

(d) At the informal public meeting, the person seeking the governmental action must make a reasonable and good faith effort to provide clear, accurate, and complete information about the activity to be undertaken at the regulated facility or proposed regulated facility that requires governmental approval and any potential environmental and health impacts of that activity.

(e) Notwithstanding any provision of law to the contrary, neither the Agency nor the local siting authority may take the requested governmental action earlier than 60 days after the informal public meeting.

(f) In the event that the local siting authority has approved a meaningful public participation plan concerning a proposed or existing regulated facility and an informal public meeting has been held in accordance with this Section, the Agency may approve that plan and waive the requirement that an additional informal public meeting be held in accordance with this Section.

(g) To the extent that the provisions of this Act conflict with any other Act, the provisions of this Act control.

Section 25. Community environmental benefit agreements. A municipality, owner, or developer may enter into a community environmental benefit agreement in connection with a regulated facility. Mitigation may include both on-site and off-site improvements, activities and programs, including, but not limited to: funding for activities such as environmental education, diesel pollution reduction, construction of biking and walking trails, staffing for parks, urban forestry, support for community gardens or any other negotiated benefit to the environment in the environmental justice community. Before negotiating the terms of a community environmental benefit agreement, the municipality shall provide a reasonable and public opportunity for residents of the potentially affected environmental justice community to be heard concerning the need for, and terms of, the agreement.

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