HB3090 102ND GENERAL ASSEMBLY

LRB102 14040 CPF 19392 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3090

Introduced 2/19/2021, by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:

New Act

Creates the Environmental Justice Act. Creates the Illinois Environmental Justice Advisory Council to provide independent advice and recommendations to the Governor, the Environmental Protection Agency, and the other State agencies about broad, cross-cutting issues related to environmental justice and on policies, practices, and specific actions. Requires the Agency to: (1) develop and implement a strategy prioritizing enforcement in neighborhoods with environmental justice populations; (2) compile an annual report detailing the number and types of enforcement actions in neighborhoods with environmental justice populations; (3) establish and maintain a supplemental environmental project bank with specified requirements; (4) publish a progress report on environmental justice no less often than every 5 years; and (5) work with the Department of Public Health to establish health risk assessment guidelines and develop an online mapping that identifies specified information. Contains requirements for environmental impact reports. Requires the Director of the Agency to appoint a Director of Environmental Justice within the Agency to perform specified duties. Provides that State agencies shall (1) designate an environmental justice coordinator for each State agency to perform specified actions and (2) develop a specific policy or strategy to promote environmental justice. Establishes the Interagency Environmental Justice Working Group to maximize State resources, research, and technical assistance to further the purposes of the Act and of environmental justice in the State. Provides that environmental justice coordinators shall serve as their State agency's representative to the Interagency Environmental Working Group. Contains other provisions.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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

Section 5. Purpose. This Act is intended to: (1) promote environmental justice, eliminate disparities with respect to exposure to environmental toxins, and ensure access to environmental benefits within the State; and (2) protect the people in their right to the conservation, development, and utilization of the agricultural, mineral, forest, water, air, and other natural resources.

Section 10. Definitions. In this Act:

"Advisory Council" means the Illinois Environmental Justice Advisory Council.

"Agency" means the Environmental Protection Agency.

"Environmental justice" means the right to be protected from environmental pollution and to live in and enjoy a clean and healthful environment regardless of race, income, national origin, or English language proficiency. "Environmental justice" includes the equal protection and meaningful involvement of all people with respect to the development, implementation, and enforcement of environmental laws, rules, regulations, and policies and the equitable distribution of environmental benefits.

"Environmental benefits" means access to funding, open space, enforcement, technical assistance, training, or other beneficial resources disbursed by a State agency.

"Environmental justice population" means a neighborhood in which: the annual median household income is equal to or less than 65% of the statewide median; minorities comprise 25% or more of the population; or 25% or more of households lack English language proficiency. Where a neighborhood does not meet any of those criteria, but a geographic portion of that neighborhood meets at least one of those criteria, the Agency may designate that geographic portion as an environmental justice population upon petition of at least 10 residents of that geographic portion.

"Equal protection" means that no group of people, because of race, ethnicity, class, gender, or disability bears an unfair share of environmental pollution from industrial, commercial, State, or municipal operations or has limited access to natural resources, including waterfronts, parks and open space, and water resources.

"IEPA" means the Environmental Protection Act.

"Lacking English language proficiency" means households that, according to federal census forms, do not have an adult proficient in English.

"Neighborhood" means a census block group as defined by the U.S. Census Bureau, but not including people who live in college dormitories or people under formally authorized supervised care or custody, such as federal or State prisons.

"Supplemental environmental project" means an environmentally beneficial project, the implementation of which primarily benefits public health, safety and welfare, and the environment.

"Toxics Release Inventory Program" means the Toxics Release Inventory and Toxics Release Inventory Program of the United States Environmental Protection Agency.

"TRI facility" means any industrial or commercial facility subject to the rules, regulations, policies, or reporting requirements of the Toxics Release Inventory Program or comparable laws or rules of the State for the management and control of pollutants or toxins that pose a significant risk to public health or the environment.

Section 15. Illinois Environmental Justice Advisory Council.

(a) The Illinois Environmental Justice Advisory Council is created. By no later than 180 days after the effective date of this Act, the Agency shall convene the Advisory Council. The Advisory Council shall provide independent advice and recommendations to the Governor, the Agency, and other State agencies about broad, cross-cutting issues related to environmental justice and on policies, practices, and specific actions that the State should implement to ensure that the objectives of this Act are accomplished.

(b) The Advisory Council shall consist of at least 9, but not more than 15, persons, including:

(1) a chair designated by the Advisory Council and approved by the Governor;

(2) no less than 2 persons appointed by the President of the Senate;

(3) no less than 2 persons appointed by the Speaker of the House of Representatives; and

(4) the remainder appointed by the Governor.

The Advisory Council shall be comprised of environmental justice stakeholders, including: scientific or other experts in environmental or public health matters holding academic positions in colleges, universities, or other research institutions and who work regularly in, or conduct substantial research regarding, environmental justice concerns; representatives of the environmental nonprofit sector; representatives of conservation commissions or boards of health; residents or elected officials of environmental justice population neighborhoods.

No fewer than 4 of the persons appointed to the Advisory Council shall be residents of environmental justice population neighborhoods within the State.

(c) A majority of the serving members of the Advisory Council shall be deemed a quorum. The Advisory Council shall establish rules for conducting its activities and may amend the rules as it deems reasonable, subject to the Governor's approval and consistent with the provisions and purposes of this Act.

(d) The Advisory Council shall meet at such times and places as determined by the Advisory Council and its chair and shall submit an initial report giving advice and recommendations to the Governor within 6 months following the appointment of the Council's members. Thereafter the Advisory Council shall meet at least semi-annually and submit supplemental reports giving advice and recommendations to the Governor and the Agency no less often than once per year.

(e) The Advisory Council may hold public meetings at its discretion or at the request of the Governor or the Agency for the purpose of fact-finding, receiving public comments, or conducting inquiries concerning environmental justice. The Advisory Council shall prepare for public review and include in its reports a summary of the comments and recommendations made at the public meetings.

(f) The Office of the Governor and the Agency shall provide the Advisory Council with staffing and administrative support sufficient to accomplish the goals set out in subsection (a).

Section 20. Environmental justice population enforcement strategy.

(a) By no later than 180 days after the effective date of this Act, the Agency shall develop and implement a strategy prioritizing enforcement in neighborhoods with environmental justice populations. The Agency shall compile an annual report, due at the end of each calendar year, detailing the number and types of enforcement actions in neighborhoods with environmental justice populations.

(b) The strategy shall also address the following:

(1) Ensuring equal compliance and enforcement for facilities subject to environmental regulatory programs or permitting requirements and located in or near environmental justice population neighborhoods.

(2) Establishing a process for reviewing which IEPA thresholds apply for enhanced public participation and substantive review.

(3) Ensuring brownfield remediation in or near environmental justice population neighborhoods.

(4) Creating an online environmental justice repository of information about the State's environmental justice initiatives for the general public and project proponents.

Section 25. Supplemental environmental project bank. The Agency shall establish and maintain a supplemental environmental project bank. The supplemental environmental project bank shall maintain an inventory of environmentally beneficial projects in communities with environmental justice populations that may be funded by violators in addition to paying penalties associated with the settlement of enforcement actions. Supplemental environmental project banks shall conform to any Agency policies regarding supplemental environmental projects. The Agency shall establish and maintain a website portal where the public and potential supplemental environmental project bank recipients may submit potential supplemental environmental project bank projects to be considered for future settlements.

Section 30. Environmental justice progress report.

(a) The Agency shall, in consultation with other State agencies, and no less often than every 5 years, publish a progress report on environmental justice:

(1) incorporating the recommendations of the Advisory Council, as appropriate;

(2) incorporating enforcement and supplemental environmental project bank activities undertaken;

(3) reporting metrics on reduction of pollution in neighborhoods with environmental justice populations; and

(4) outlining further policy actions.

(b) The report shall be filed with the clerk of the House of Representatives, the clerk of the Senate, the chairs of the joint committee on environment, natural resources and agriculture, the chair of the Senate Environment and Conservation Committee, the chair of the House of Representatives Environment Committee, the chair of the Senate Energy and Public Utilities Committee, and the chair of the House of Representatives Energy & Environment.

Section 35. Health risk assessment guidelines.

(a) The Agency shall work with the Department of Public Health to establish health risk assessment guidelines, using the best available science and established health risk assessment parameters, and shall develop an online mapping tool that is accessible by the public and identifies:

(1) environmental justice populations by census tract;

(2) sources of pollution according to the health risk assessment guidelines in each environmental justice census tract; and

(3) harmful effects to human health or to ecological systems resulting from exposure to each pollution source.

(b) The Department of Public Health shall prioritize census tracts with the worst health risk outcomes and develop strategies for reducing public health threats.

Section 40. Environmental impact reports; enhanced public participation.

(a) Notwithstanding any other provision of law, if a person or entity submits an environmental impact report to the Agency, the environmental impact report shall include an enhanced analysis of impacts and mitigation for any project located in or within one mile of an environmental justice population, and within 5 miles of an environmental justice population for a project that exceeds applicable thresholds for air under IEPA.

(b) An enhanced analysis under subsection (a) shall include, at a minimum:

(1) analysis of multiple air impacts;

(2) data on baseline public health conditions within the affected environmental justice population;

(3) analysis of technological, site planning, and operational alternatives to reduce or eliminate impacts; and

(4) proposed on-site and off-site mitigation measures to reduce multiple impacts, increase environmental benefits, and further environmental justice and equal protection for the affected environmental justice population.

(c) In cases where the proposed project has the potential to impact a neighborhood with an environmental justice population lacking English language proficiency, the environmental impact report shall be in English and in any other language spoken by the environmental justice population. The environmental impact report shall describe the proposed facility and its location, the range of potential environmental and health impacts of each pollutant, the application and review process, and a contact person, with phone number and address, from whom information will be available as the application proceeds.

(d) There shall be enhanced public participation for any project located in or within one mile of an environmental justice population or within 5 miles of an environmental justice population for a project that exceeds applicable thresholds for air under the IEPA. Enhanced public participation may include use of alternative media such as community and ethnic newspapers and other media, use of alternative information repositories, and translation of materials or interpretation services prior to and during public meetings where a significant portion of the relevant environmental justice population uses a primary language other than English in their home. When scheduling public meetings, the Agency shall recommend and may require that project proponents consider the time of the meeting, availability of public transportation, and whether the locations are child-friendly and culturally appropriate. To the extent feasible, meetings should be held in places that community members already routinely use and feel comfortable visiting. Additionally, the Agency shall recommend that project proponents consider whether outreach efforts should include an educational component to ensure that community members have the information necessary to evaluate a project's potential impacts.

Section 45. TRI facilities.

(a) By no later than 30 days after the effective date of this Act, the Agency shall direct each department, board, or other State agency or program with jurisdiction over the permitting of any TRI facility to issue recommendations for ways to substantially decrease the further siting or expansion of TRI facilities within environmental justice population neighborhoods.

(b) By no later than 180 days after the effective date of this Act, the Agency shall initiate a rulemaking process that shall establish a cap on the total number of TRI facilities that may be sited or expanded within any environmental justice population neighborhood. The rulemaking process shall prioritize and give substantial weight to:

(1) achieving a substantial reduction in the risk of the exposure of residents of the neighborhood to toxins listed in the Toxics Release Inventory Program; and

(2) providing and preserving the access of the residents of the neighborhood to a clean and healthful environment regardless of race, income, national origin, or English language proficiency.

Section 50. Director of Environmental Justice. By no later than 30 days after the effective date of this Act, the Director of the Agency shall appoint a Director of Environmental Justice within the Agency. The Director of Environmental Justice shall have such duties and authority as the Director of the Agency deems reasonable to ensure that the purposes of this Act are carried out. The Director of Environmental Justice shall liaise with the Advisory Council and other State agencies and may have any other duties that the Director of the Agency deems necessary to secure environmental justice. The Director of the Agency shall not permit the position of Director of Environmental Justice to be vacant for more than 60 days.

Section 55. Environmental justice coordinators; policies or strategies.

(a) By no later than 30 days after the effective date of this Act, all State agencies, other than the Environmental Protection Agency, shall designate an environmental justice coordinator for each State agency. The environmental justice coordinator shall be the main point of contact regarding environmental justice matters within that State agency, shall liaise with the Director of Environmental Justice within the Environmental Protection Agency, and shall be responsible for developing and implementing the environmental justice policy or strategy of that State agency, as created pursuant to this Act or any other law, rule, regulation, or order.

(b) By no later than 180 days after the effective date of this Act, and except where already provided for elsewhere in this Act, each State agency shall develop a specific policy or strategy to promote environmental justice in ways that are tailored to the specific authority, mission, and programs under its jurisdiction. The policies or strategies shall be reviewed every 5 years and updated as needed. Policies or strategies shall include, but are not limited to:

(1) identification of permitting or other applicable regulatory authority over development projects, brownfield remediation, industrial operations, and commercial facilities that may impact environmental justice populations and a description of any mechanism to ensure that environmental justice populations are protected in the review process;

(2) identification of economic development opportunities, environmental benefits, and other discretionary funding programs that consider, or appropriately should consider, the needs of an environmental justice population in the award process; and

(3) an enhanced public participation plan for environmental justice populations potentially affected by development projects, brownfield remediation, industrial operations, and commercial facilities that focuses the State agency's resources on outreach activities that enhance public participation opportunities in environmental justice populations, including a plan for communicating in multiple languages and scheduling public meetings at locations and times convenient for neighborhood stakeholders.

Section 60. Interagency Environmental Justice Working Group.

(a) The Interagency Environmental Justice Working Group is established to maximize State resources, research, and technical assistance to further the purposes of this Act and of environmental justice in the State.

(b) An environmental justice coordinator designated under subsection (a) of Section 55 shall serves as his or her State agency's representative to the Interagency Environmental Working Group. The Director of Environmental Justice shall convene meetings of the Interagency Environmental Justice Working Group and serve as it chair. By no later than 90 days after the effective date of this Act, the Interagency Environmental Justice Working Group shall hold at least one meeting and develop a schedule for subsequent meetings, which shall take place no less than once a year.