SB1847ham001 101ST GENERAL ASSEMBLY

Rep. Theresa Mah

Filed: 5/6/2019

10100SB1847ham001 LRB101 10763 CPF 60285 a

AMENDMENT TO SENATE BILL 1847

AMENDMENT NO. ______. Amend Senate Bill 1847 by replacing everything after the enacting clause with the following:

"Section 5. The Environmental Protection Act is amended by adding Section 40.4 as follows:

(415 ILCS 5/40.4 new)

Sec. 40.4. Environmental justice program.

(a) The General Assembly finds that:

(1) possible adverse economic, social, and environmental effects on environmental justice communities relating to any permit or permit renewal should be fully considered by the Agency prior to completing a draft permit; and

(2) the Agency's final decision on the permit or permit renewal should be made in the best overall public interest.

(b) An environmental justice program is hereby created to ensure enhanced public outreach for permitting transactions in or near areas of environmental justice concern, including notification provided by the permit applicant and by the Agency.

(c) Prior to any person or entity submitting a permit application for an emission unit as defined under Section 39.5 or NPDES discharge located in an area of environmental justice concern or within one mile of an area of environmental justice concern, that person or entity shall prepare and implement a public participation plan for the residents of the community. Under the plan, the person or entity shall:

(1) make available information concerning the project for community review, including any permits that will be required by the Agency;

(2) conduct a public meeting or meetings to inform the community of the permit application and to take comments and questions. The person or entity must provide notice of the meeting at least 30 days before the date of the meeting; and

(3) hold a 30-day comment period following the last public meeting prior to submission of a permit application to the Agency for residents to submit comments to the person or entity.

At the time of the permit application to the Agency, the person or entity shall also provide an environmental justice report to the Agency's Environmental Justice Officer. The report shall document the public meeting or meetings, comment period, comments made by the public, and any community environmental benefits agreements that may have been entered into with community groups or local officials. Submission of the environmental justice report with the permit application shall be part of the Agency's completeness review. Submission of the report must be accompanied by the following certification:

"I certify under penalty of law that, based on information and belief formed after reasonable inquiry, the statements and information contained in this application are true, accurate, and complete.".

For purposes of this subsection, "permit" means a permit issued by the Illinois Environmental Protection Agency through the Clean Air Act Permit Program or the National Pollutant Discharge Elimination System.

(d) Within one year after the effective date of this amendatory Act of the 101st General Assembly, the Agency shall propose rules to the Illinois Pollution Control Board that:

(1) define areas of environmental justice concern, including screening methodology;

(2) define which permit transactions are subject to environmental justice enhanced public outreach procedures;

(3) specify notification requirements, including notification by permit applicants prior to application submittal to the Agency; and

(4) delineate enhanced public outreach activities to be conducted by permit applicants and by the Agency.".