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.


LRB103 25807 CPF 52158 b

 

 

A BILL FOR

 

HB1529LRB103 25807 CPF 52158 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5adding Section 9.19 as follows:
 
6    (415 ILCS 5/9.19 new)
7    Sec. 9.19. Air Quality Enforcement and Mitigation Fund;
8Program.
9    (a) In this Section:
10    "Environmental protection community" means a geographic
11area that the Agency, using tools such as the United States
12Environmental Protection Agency's EJSCREEN, has identified as
13a community facing a disproportionate environmental burden,
14using indicators such as sensitive populations, socioeconomic
15factors, and environmental exposures and effects.
16    "Fund" means the Air Quality Enforcement and Mitigation
17Fund created under subsection (b).
18    "Program" means the Air Quality Community Impact Grant
19Program created under subsection (d).
20    (b) The Air Quality Enforcement and Mitigation Fund is
21created as a special fund in the State treasury. The State
22Treasurer may receive moneys or other assets from any source
23for deposit into the Fund. The State Treasurer shall direct

 

 

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1the investment of the Fund. The State Treasurer shall credit
2to the Fund interest and earnings from Fund investments.
3Notwithstanding any other law to the contrary, the Fund is not
4subject to sweeps, administrative charge-backs, or any other
5fiscal or budgetary maneuver that would in any way transfer
6any amounts from the Fund into any other fund of the State.
7    (c) The Agency shall expend moneys from the Fund, subject
8to appropriation, as follows:
9        (1) 30% of the moneys shall be expended for staffing
10    and other functions of the Agency that benefit
11    environmental protection communities and are related to
12    one or more of the following:
13            (A) mitigating air pollution through vegetative
14        buffering, optional residential property buyouts, air
15        filter installation in homes and schools, and diesel
16        engine retrofit or replacement programs;
17            (B) increasing air monitoring;
18            (C) improving compliance by persons with a history
19        of violating the Act, rules adopted under the Act, or
20        permits issued under the Act; and
21            (D) offering education and training programs for
22        environmental regulators, prosecuting attorneys, or
23        both; and
24        (2) 70% of the moneys shall be expended for grants,
25    through the Air Quality Community Impact Grant Program
26    established under subsection (d), to nonprofit entities,

 

 

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1    local health departments, local environmental departments,
2    and school districts located within communities in which a
3    violation of the Act has occurred or within communities
4    deemed by the Agency to be effected by a violation of the
5    Act, including, but not limited to, environmental
6    protection communities, for the purposes described in
7    subparagraphs (A) and (B) of paragraph (1) and any one or
8    more of the following purposes:
9            (A) conducting health impact assessments; and
10            (B) offering education and training programs for
11        community residents and local environmental regulators
12        in order to increase the effectiveness of enforcement
13        programs in deterring violations of this Act and rules
14        adopted or orders issued under this Act.
15    (d) The Agency shall establish an Air Quality Community
16Impact Grant Program. The Program shall provide grants to
17nonprofit entities, local health departments, local
18environmental departments, and school districts to carry out
19the purposes described in paragraph (2) of subsection (c).
20    (e) The Agency shall adopt rules to implement this
21Section. At a minimum, the rules shall describe how grants are
22to be allocated, the procedures for applying for grants, the
23criteria for awarding grants, and administrative and fiscal
24requirements governing the receipt and expenditure of grants.
25The Agency shall adopt the rules in consultation with an
26Advisory Committee that shall include, but shall not be

 

 

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1limited to, at least one of each of the following persons
2appointed by the Director of the Agency:
3        (1) a public health expert;
4        (2) a representative of an environmental justice
5    organization;
6        (3) a representative of the Department of Human
7    Services;
8        (4) a representative of a local health department or
9    local environmental department; and
10        (5) two residents of environmental protection
11    communities.
12    (f) The Agency, in collaboration with environmental
13interest groups, shall, by rule, develop a process to identify
14environmental protection communities. Within 150 days after
15the effective date of those rules, the Agency shall use
16available census block data from the most recent federal
17decennial census to identify environmental protection
18communities. The identification process shall include
19community engagement to obtain information and receive
20feedback.
21    (g) The Agency shall post on its website and make publicly
22available an annual report on the purposes for which grants
23were awarded under paragraph (2) of subsection (c), including
24the communities affected.
 
25    Section 10. The State Finance Act is amended by adding

 

 

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1Section 5.990 as follows:
 
2    (30 ILCS 105/5.990 new)
3    Sec. 5.990. The Air Quality Enforcement and Mitigation
4Fund.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.