SB0852sam001 103RD GENERAL ASSEMBLY

Sen. Christopher Belt

Filed: 5/8/2023

10300SB0852sam001 LRB103 03311 LNS 61610 a

AMENDMENT TO SENATE BILL 852

AMENDMENT NO. ______. Amend Senate Bill 852 by replacing everything after the enacting clause with the following:

"Section 5. The Environmental Justice Act is amended by adding Section 15 as follows:

(415 ILCS 155/15 new)

Sec. 15. Environmental Justice Public Participation Program.

(a) The purposes of the Environmental Justice Public Participation Program include:

(1) ensuring that communities are not disproportionately impacted by degradation of the environment and do not receive less than an equitable share of environmental protection and benefits; and

(2) strengthening the public's involvement in environmental permitting.

(b) As used in this Section:

"Agency" means the Environmental Protection Agency.

"Area of environmental justice concern" means a census block group or area within one mile of a census block group that, in either case, has (i) an average household income that is less than the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2) or (ii) a minority population that is greater than twice the statewide average.

"EJ Start" means a geographic information system mapping tool developed by the Agency for the purpose of identifying census block groups and areas within one mile of census block groups meeting the environmental justice demographic screening criteria. EJ Start is the relevant environmental justice mapping tool for the Agency's environmental public participation and shall be updated with each federal decennial census.

"Office of Environmental Justice" means the office within the Agency that has the primary responsibility for coordinating all environmental justice efforts set forth in this Act.

(c) The Office of Environmental Justice shall:

(1) act as the liaison for the Agency on environmental justice issues;

(2) conduct enhanced public outreach in areas of environmental justice concern;

(3) respond to general inquiries concerning environmental justice; and

(4) respond to public comments received on proposed permitting actions raising environmental justice concerns.

(d) The requirements of this Section apply to the following permitting actions within areas of environmental justice concern as documented on EJ Start:

(1) construction permits for new sources that would require a Clean Air Act Permit Program (CAAPP) permit;

(2) construction permits for new sources that would require a Federally Enforceable State Operating Permit (FESOP);

(3) Nonattainment New Source Review permits, as defined in Section 3.298 of the Environmental Protection Act, for major modifications at existing sources; and

(4) Prevention of Significant Deterioration permits, as defined in Section 3.363 of the Environmental Protection Act, for major modifications at existing sources.

(e) The Office of Environmental Justice shall use environmental justice notifications to contact inhabitants in areas of environmental justice concern, elected officials, and other interested parties to provide notice of a proposed permit action identified in paragraphs (1) through (4) of subsection (d) in that particular area of environmental justice concern. An environmental justice notification shall include the following information:

(1) the facility name;

(2) the facility address;

(3) the Bureau identification number;

(4) the permit application reference number;

(5) a short summary of the proposed project;

(6) public notice details of the permit if subject to State or federal public notice requirements; and

(7) Environmental Justice Coordinator contact information.

(f) If an area is not designated as an area of environmental justice concern due to an error in the Agency's application of EJ Start, a resident of that area may make a request in writing to the Agency for reconsideration of the designation upon providing the Office of Environmental Justice census data that would otherwise demonstrate the area is an area of environmental justice concern.

If an area is designated as an area of environmental justice concern due to an error in the Agency's application of EJ Start, a resident of that area may make a request in writing to the Agency for reconsideration of the designation upon providing the Office of Environmental Justice census data that would otherwise demonstrate that the area is not an area of environmental justice concern. Such requests for reconsideration may also be made by a resident of that area in writing to the Agency demonstrating that the designation may negatively impact the area.

(g) The following requirements apply to permitting transactions in areas of environmental justice concern:

(1) The permit application shall include an Environmental Impact Analysis, which shall include the following information:

(A) air dispersion modeling examining the air quality-related impacts from the proposed project in combination with existing mobile and stationary air emitting sources at the facility; and

(B) a quantitative analysis, based on the air dispersion modeling, on the direct and indirect impacts of the project on the community immediately surrounding the facility.

(2) In addition to any other fees imposed under this Act, a fee of $500 shall accompany the permit application.

(h) In compliance with 40 CFR Parts 5 and 7, the Agency shall establish a grievance procedure to ensure prompt and fair resolution of complaints alleging violations of Title VI, Section 601 of the Civil Rights Act of 1964 or this Act.

(1) A person, or the authorized representative of a person, who believes that he or she or a class of persons has been discriminated against in violation of Title VI, Section 601 of the Civil Rights Act of 1964 or this Act may file a complaint with the Agency. The complaint shall:

(A) be in writing;

(B) be filed within 60 days of an alleged violation of Title VI, Section 601 of the Civil Rights Act of 1964 or this Act;

(C) describe with specificity the actions by the Agency that allegedly result in discrimination in violation of 40 CFR Parts 5 and 7;

(D) describe with specificity the discrimination that allegedly has occurred or will occur as the result of such action;

(E) identify the parties impacted or potentially impacted by the alleged discrimination; and

(F) be addressed to Environmental Protection Agency.

(2) The Agency may waive the requirement in subparagraph (B) of paragraph (1) in order to address at the earliest appropriate and feasible juncture or for good cause allegations of potential discrimination caused by pending actions.

(3) Within 10 days of receiving a written complaint under this subsection, the Agency shall provide the complainant with written notice of receipt. At that time, the Agency may request additional information needed to complete the complaint. Within 10 days of receiving additional information, the Agency shall provide the complainant with written notice that the complaint is complete.

(4) The Agency, based on the complaint, shall determine if it has jurisdiction to pursue the matter and whether the complaint has sufficient merit to warrant an investigation. A complaint shall be regarded as meriting investigation unless:

(A) on its face, the complaint appears frivolous and fraudulent;

(B) within the time allotted for making the determination of jurisdiction and investigative merit, the Agency voluntarily concedes noncompliance and agrees to take appropriate remedial action;

(C) within the time allotted for making the determination of jurisdiction and investigative merit, the complainant withdraws the complaint; or

(D) the complaint is not timely filed and good cause does not exist for waiving the timing requirement.

(f) Within 120 days of accepting a written complaint, the Agency shall respond in writing to the complainant with a proposed resolution.

(g) The Agency shall provide a report to the Commission on Environmental Justice annually regarding the status of all grievances made pursuant to this Section.".