Illinois General Assembly - Full Text of HB3877
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Full Text of HB3877  103rd General Assembly

HB3877 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3877

 

Introduced 2/17/2023, by Rep. Joyce Mason

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 10/5.12 new

    Amends the Child Care Act of 1969. Provides that after the effective date of the amendatory Act, a new child care facility shall not be located near a hazardous waste disposal site or a heavily polluted area. Provides that the Environmental Protection Agency, in conjunction with the Department of Children and Family Services and any other relevant departments or agencies, shall implement an environmental risk screening program to determine if a proposed child care facility is near or on a hazardous waste disposal site. Provides that the Department and the Agency shall conduct an environmental inspection for a child care facility to identify any concerns with the property, building, or adjacent businesses of the child care facility. Provides that the inspection may identify potentially dangerous sites and potential sources of contaminants. Provides that the Department and the Agency shall adopt rules to implement the environmental risk screening program.


LRB103 27197 AMQ 53567 b

 

 

A BILL FOR

 

HB3877LRB103 27197 AMQ 53567 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Child Care Act of 1969 is amended by adding
5Section 5.12 as follows:
 
6    (225 ILCS 10/5.12 new)
7    Sec. 5.12. Environmental risk screening program.
8    (a) As used in this Section:
9    "Agency" means the Environmental Protection Agency.
10    "Hazardous waste" has the meaning set forth in Section
113.220 of the Environmental Protection Act.
12    "Hazardous waste disposal site" has the meaning set forth
13in Section 3.225 of the Environmental Protection Act.
14    (b) After the effective date of this amendatory Act of the
15103rd General Assembly, a new child care facility shall not be
16located near a hazardous waste disposal site or a heavily
17polluted area.
18    (c) The Agency, in conjunction with the Department and any
19other relevant departments or agencies, shall implement an
20environmental risk screening program to determine if a
21proposed child care facility is near or on a hazardous waste
22disposal site. The Department shall prohibit a child care
23facility from being established at or near a hazardous waste

 

 

HB3877- 2 -LRB103 27197 AMQ 53567 b

1disposal site.
2    (d) The Department and the Agency shall conduct an
3environmental inspection for a child care facility to identify
4any concerns with the property, building, or adjacent
5businesses of the child care facility in accordance with the
6following:
7        (1) The inspection may include cross-referencing the
8    location of the child care facility with other
9    environmental databases to identify potentially dangerous
10    sites, including, but not limited to, (i) superfund sites,
11    (ii) dry cleaner sites, (iii) sanitary landfills, as
12    defined in Section 3.445 of the Environmental Protection
13    Act, (iv) brownfields, as defined in Section 58.2 of the
14    Environmental Protection Act, or land recycling sites, and
15    (v) federal Department of Energy or federal Department of
16    Defense sites.
17        (2) The inspection shall be reviewed for potential
18    sources of contaminants that could impact the air, soil,
19    or water on the site over time. These sources may include
20    the following:
21            (A) major highways, rail yards, port facilities,
22        truck traffic exceeding 100 trucks per day, and
23        airports;
24            (B) factories, power plants, refineries, propane
25        or other storage tank areas, and high pressure
26        pipelines; and

 

 

HB3877- 3 -LRB103 27197 AMQ 53567 b

1            (C) auto body shops, dry cleaners, large gas
2        stations, large animal feeding operations, nail or
3        hair salons, and print shops.
4    (e) The Department and the Agency shall adopt rules to
5implement this Section.