HB1529 103RD GENERAL ASSEMBLY

LRB103 25807 CPF 52158 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1529

Introduced 1/31/2023, by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:

415 ILCS 5/9.19 new
30 ILCS 105/5.990 new

Amends the Environmental Protection Act. Creates the Air Quality Enforcement and Mitigation Fund. Makes a conforming change to the State Finance Act. Provides that the Environmental Protection Agency shall expend 30% of moneys from the Fund for staffing and other functions of the Agency that benefit environmental protection communities and are related to one or more specified purposes. Directs the Agency to establish an Air Quality Community Impact Grant Program to provide grants to nonprofit entities, local health departments, local environmental departments, and school districts to carry out the purposes of the Act. Requires 70% of moneys from the Fund to be expended for grants under the Program for specified purposes in communities affected by violations of the Act. Requires the Agency to adopt rules to implement the Program. Provides that the Agency, in collaboration with environmental interest groups, shall develop a process to identify environmental protection communities. Requires the Agency to post on its website and make publicly available an annual report on the purposes for which grants were awarded under the Program. Contains other provisions. Effective immediately.

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 adding Section 9.19 as follows:

(415 ILCS 5/9.19 new)

Sec. 9.19. Air Quality Enforcement and Mitigation Fund; Program.

(a) In this Section:

"Environmental protection community" means a geographic area that the Agency, using tools such as the United States Environmental Protection Agency's EJSCREEN, has identified as a community facing a disproportionate environmental burden, using indicators such as sensitive populations, socioeconomic factors, and environmental exposures and effects.

"Fund" means the Air Quality Enforcement and Mitigation Fund created under subsection (b).

"Program" means the Air Quality Community Impact Grant Program created under subsection (d).

(b) The Air Quality Enforcement and Mitigation Fund is created as a special fund in the State treasury. The State Treasurer may receive moneys or other assets from any source for deposit into the Fund. The State Treasurer shall direct the investment of the Fund. The State Treasurer shall credit to the Fund interest and earnings from Fund investments. Notwithstanding any other law to the contrary, the Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Fund into any other fund of the State.

(c) The Agency shall expend moneys from the Fund, subject to appropriation, as follows:

(1) 30% of the moneys shall be expended for staffing and other functions of the Agency that benefit environmental protection communities and are related to one or more of the following:

(A) mitigating air pollution through vegetative buffering, optional residential property buyouts, air filter installation in homes and schools, and diesel engine retrofit or replacement programs;

(B) increasing air monitoring;

(C) improving compliance by persons with a history of violating the Act, rules adopted under the Act, or permits issued under the Act; and

(D) offering education and training programs for environmental regulators, prosecuting attorneys, or both; and

(2) 70% of the moneys shall be expended for grants, through the Air Quality Community Impact Grant Program established under subsection (d), to nonprofit entities, local health departments, local environmental departments, and school districts located within communities in which a violation of the Act has occurred or within communities deemed by the Agency to be effected by a violation of the Act, including, but not limited to, environmental protection communities, for the purposes described in subparagraphs (A) and (B) of paragraph (1) and any one or more of the following purposes:

(A) conducting health impact assessments; and

(B) offering education and training programs for community residents and local environmental regulators in order to increase the effectiveness of enforcement programs in deterring violations of this Act and rules adopted or orders issued under this Act.

(d) The Agency shall establish an Air Quality Community Impact Grant Program. The Program shall provide grants to nonprofit entities, local health departments, local environmental departments, and school districts to carry out the purposes described in paragraph (2) of subsection (c).

(e) The Agency shall adopt rules to implement this Section. At a minimum, the rules shall describe how grants are to be allocated, the procedures for applying for grants, the criteria for awarding grants, and administrative and fiscal requirements governing the receipt and expenditure of grants. The Agency shall adopt the rules in consultation with an Advisory Committee that shall include, but shall not be limited to, at least one of each of the following persons appointed by the Director of the Agency:

(1) a public health expert;

(2) a representative of an environmental justice organization;

(3) a representative of the Department of Human Services;

(4) a representative of a local health department or local environmental department; and

(5) two residents of environmental protection communities.

(f) The Agency, in collaboration with environmental interest groups, shall, by rule, develop a process to identify environmental protection communities. Within 150 days after the effective date of those rules, the Agency shall use available census block data from the most recent federal decennial census to identify environmental protection communities. The identification process shall include community engagement to obtain information and receive feedback.

(g) The Agency shall post on its website and make publicly available an annual report on the purposes for which grants were awarded under paragraph (2) of subsection (c), including the communities affected.

Section 10. The State Finance Act is amended by adding Section 5.990 as follows:

(30 ILCS 105/5.990 new)

Sec. 5.990. The Air Quality Enforcement and Mitigation Fund.

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