HB3092 102ND GENERAL ASSEMBLY

LRB102 14527 CPF 19880 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3092

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

SYNOPSIS AS INTRODUCED:

415 ILCS 5/22.62 new

Amends the Environmental Protection Act. Requires the Environmental Protection Agency to analyze impacts on environmental justice communities of permits for specified facilities. Contains requirements for public notice and hearings under the provisions. Provides that the provisions shall not apply to permits issued by the Agency pursuant to authority delegated from the United States pursuant to specified federal 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 5. The Environmental Protection Act is amended by changing Section 22.62 as follows:

(415 ILCS 5/22.62 new)

Sec. 22.62. Analysis of impacts on environmental justice communities.

(a) The Agency shall analyze the impacts on environmental justice communities of permits for new or expanded facilities.

(b) The Agency shall provide public notice and hearings consistent with the following:

(1) Not more than 90 days after receipt of a complete application for a permit under this Section, the Agency shall give public notice of its preliminary determination to either issue or deny the permit, and shall give notice of the opportunity for a public hearing on that preliminary determination under this Section. Upon the request of the permit applicant, or of any other person who is admitted as a party under paragraph (4), the Agency shall schedule a public hearing pursuant to paragraph (5).

(2) The Agency notice shall be published in a newspaper of general circulation in the county in which the site is proposed to be located, and shall be served upon the Attorney General, the State's Attorney, and the Chairman of the County Board of the county in which the facility is proposed to be located, each member of the General Assembly from the legislative district in which the facility is proposed to be located, and the clerk of each municipality, any portion of which is within 3 miles of the boundary of the facility.

(3) The contents, form, and manner of service of the Agency notice shall conform to the requirements of Section 10-25 of the Illinois Administrative Procedure Act.

(4) Within 60 days after the date of the Agency notice required by paragraphs (1), (2), and (3), any person who may be adversely affected by an Agency decision on the permit application may petition the Agency to intervene before the Agency as a party. The petition to intervene shall contain a short and plain statement identifying the petitioner and stating the petitioner's interest. The petitioner shall serve the petition upon the applicant for the permit and upon any other persons who have petitioned to intervene. Unless the Agency determines that the petition is duplicative or frivolous, it shall admit the petitioner as a party.

(5) Not less than 60 days nor more than 180 days after the date of the Agency notice required by paragraphs (1), (2), and (3), the Agency shall commence the public hearing required by this subsection.

(6) The public hearing and other proceedings required by this subsection shall be conducted in accordance with the provisions concerning contested cases of the Illinois Administrative Procedure Act.

(7) All documents submitted to the Agency in connection with the public hearing shall be reproduced and filed at the office of the county board or governing body of the municipality and may be copied upon payment of the actual cost of reproduction.

(8) Within 60 days of the completion of the public hearing required by this subsection, the Agency shall render a final decision either granting or denying the permit.

(9) The Agency shall adopt such procedural rules as may be necessary and appropriate to carry out its duties under this subsection that are not inconsistent with the requirements of this Section. In adopting such procedural rules the Agency shall follow the requirements concerning rulemaking of the Illinois Administrative Procedure Act.

(c) This Section shall not apply to permits issued by the Agency pursuant to authority delegated from the United States pursuant to the Resource Conservation and Recovery Act of 1976, P.L. 94-580, as amended, or the Safe Drinking Water Act, P.L. 93-523, as amended.

(d) In this Section, "facility" means a pollution control facility, hazardous waste facility, agrichemical facility, landfill gas facility, recycling center, sanitary landfill, sharps collection station, transfer station, waste treatment plant, water supply treatment plant, or waste incineration facility.