Full Text of HB1542 102nd General Assembly
HB1542ham001 102ND GENERAL ASSEMBLY | Rep. Rita Mayfield Filed: 3/16/2022
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| 1 | | AMENDMENT TO HOUSE BILL 1542
| 2 | | AMENDMENT NO. ______. Amend House Bill 1542 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Emergency Planning and Community | 5 | | Right to Know Act is amended by adding Section 20 as follows: | 6 | | (430 ILCS 100/20 new) | 7 | | Sec. 20. Release or explosion of hazardous substances; | 8 | | schools. | 9 | | (a) Local Emergency Planning Committees, in consultation | 10 | | with the SERC, shall partner with schools and school districts | 11 | | in their respective regions to: | 12 | | (1) disseminate to faculty, staff, and parents of | 13 | | students information concerning safety threats posed by | 14 | | the storage and transport of hazardous substances near | 15 | | schools, including, but not limited to, threats posed by | 16 | | hazardous substances that are transported near schools by |
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| 1 | | high-hazard flammable trains; and | 2 | | (2) develop and implement comprehensive emergency | 3 | | response plans for incidents involving the storage and | 4 | | transport of hazardous substances near schools, including, | 5 | | but not limited to, hazardous substances transported by | 6 | | high-hazard flammable trains. | 7 | | (b) Before any comprehensive emergency response plan may | 8 | | go into effect, teachers and administrators of schools and | 9 | | school districts within a Local Emergency Planning Committee's | 10 | | region must be given the opportunity to provide input on the | 11 | | comprehensive emergency response plan, and the Local Emergency | 12 | | Planning Committee shall take that input into consideration. A | 13 | | comprehensive emergency response plan may vary based on the | 14 | | potential impact of the release or explosion of different | 15 | | hazardous substances. Each Local Emergency Planning Committee | 16 | | must have a team with certified and trained personnel who can | 17 | | integrate the Incident Command System required under paragraph | 18 | | (12) of subsection (c) into the comprehensive emergency | 19 | | response plan. These teams may include, but are not limited | 20 | | to, persons employed by public works departments, | 21 | | transportation departments, hospitals, heavy equipment | 22 | | contractors, food distributors, and other such organizations. | 23 | | (c) The SERC, in consultation with Local Emergency | 24 | | Planning Committees and schools, shall: | 25 | | (1) identify worst-case scenarios that are to be | 26 | | communicated to both administrators and teachers of any |
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| 1 | | school district that is within the region of a Local | 2 | | Emergency Planning Committee; | 3 | | (2) identify routes and safety zones, which shall be | 4 | | visibly marked and communicated to administrators, | 5 | | teachers, and school personnel with information on routes | 6 | | to take and locations where students can seek shelter; | 7 | | (3) identify and communicate to both administrators | 8 | | and teachers specific types of hazardous substances that | 9 | | can negatively impact a school; | 10 | | (4) include drills as a component of comprehensive | 11 | | emergency response plans that administrators, teachers, | 12 | | and students must be given opportunities to practice and | 13 | | that shall be reviewed by the SERC within 3 years after the | 14 | | effective date of this amendatory Act of the 102nd General | 15 | | Assembly to find opportunities for improvement to better | 16 | | protect students, teachers, administrators, and any other | 17 | | school personnel; | 18 | | (5) develop comprehensive emergency response plans for | 19 | | students with special needs or who have an Individualized | 20 | | Education Program; | 21 | | (6) communicate evacuation locations and procedures to | 22 | | parents of students; | 23 | | (7) create a hierarchy for communication to ensure | 24 | | that administrators, teachers, parents, and students know | 25 | | where and how to access relevant information during the | 26 | | implementation of a comprehensive emergency response plan; |
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| 1 | | (8) identify and visibly mark, by means that may | 2 | | include, but are not limited to, signs, stickers on doors, | 3 | | or the like, (i) potential areas that may be impacted by | 4 | | the release or explosion of a hazardous substance and (ii) | 5 | | safety zones; | 6 | | (9) provide information to school districts for the | 7 | | communication to students and their parents, during | 8 | | student registration, of potential areas that may be | 9 | | impacted by the release or explosion of a hazardous | 10 | | substance, updated as necessary for each new school year; | 11 | | (10) create model rules requiring disclosure, prior to | 12 | | the sale of a home, that the home is located within a | 13 | | potential area that may be impacted by the release or | 14 | | explosion of a hazardous substance, based upon or similar | 15 | | to requirements that water damage must be communicated | 16 | | prior to the sale of a home; | 17 | | (11) work in collaboration with the Illinois Commerce | 18 | | Commission to create a reduced speed zone for high-hazard | 19 | | flammable trains that shall impose a speed limit of 20 | 20 | | miles per hour for high-hazard flammable trains, and | 21 | | require the posting of signage representing the reduced | 22 | | speed zone, in an area (i) beginning within a one-mile | 23 | | radius of a school during a high-hazard flammable train's | 24 | | approach and (ii) extending within a 2 mile-radius of a | 25 | | school during a high-hazard flammable train's movement | 26 | | away from it; and |
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| 1 | | (12) implement an Incident Command System as a | 2 | | mandatory process to channel communication during the | 3 | | release or explosion of a hazardous substance and that | 4 | | shall govern the command, control, and coordination of a | 5 | | comprehensive emergency response plan's implementation | 6 | | during the release or explosion of a hazardous substance, | 7 | | specific to the needs of each school within the Local | 8 | | Emergency Planning Committee's region. | 9 | | (d) IEMA shall adopt any rules necessary to implement the | 10 | | provisions of this Section, but only after IEMA consults with | 11 | | the Illinois State Board of Education on the rules to be | 12 | | adopted. | 13 | | (e) In this Section: | 14 | | "Comprehensive emergency response plan" means a set of | 15 | | strategic and operational documents that define principles and | 16 | | priorities, assign roles and responsibilities, and direct | 17 | | action in all phases of emergency management. The purpose of a | 18 | | comprehensive emergency response plan is to document emergency | 19 | | planning specifically related to schools, school personnel, | 20 | | and students that may potentially be impacted by the release | 21 | | or explosion of a hazardous substance resulting from its | 22 | | storage or transport. The comprehensive emergency response | 23 | | plan may include, but shall not be limited to: | 24 | | (1) a regularly updated list of schools located within | 25 | | each Local Emergency Planning Committee region that may | 26 | | potentially be impacted from a release or explosion |
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| 1 | | resulting from the storage or transport of a hazardous | 2 | | substance; | 3 | | (2) methods and procedures to be followed by school | 4 | | personnel and local emergency and medical personnel in | 5 | | response to the release or explosion of a hazardous | 6 | | substance; | 7 | | (3) the designation of roles needed within the | 8 | | region's Incident Command System; | 9 | | (4) the identification of procedures that provide | 10 | | reliable, effective, and timely notification to persons | 11 | | designated in the comprehensive emergency response plan | 12 | | and to the public that the release or explosion of a | 13 | | hazardous substance has occurred; | 14 | | (5) the methods used for determining whether the | 15 | | release or explosion of a hazardous substance has occurred | 16 | | and any school that will likely be negatively impacted by | 17 | | the release or explosion; | 18 | | (6) descriptions of emergency equipment in the region, | 19 | | each school and relevant emergency facility in the region, | 20 | | and emergency equipment located at each school and | 21 | | relevant emergency facility in the region and the | 22 | | identification of persons responsible for the equipment | 23 | | and each school and relevant emergency facility; | 24 | | (7) evacuation plans, including provisions for a | 25 | | precautionary evacuation and alternative traffic routes; | 26 | | (8) training programs, including schedules for |
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| 1 | | emergency response and medical personnel; and | 2 | | (9) methods and schedules for drills to exercise the | 3 | | comprehensive emergency response plan. | 4 | | "Drill" means an exercise for students and school | 5 | | personnel to routinely review and practice emergency | 6 | | organization and procedures and to identify necessary | 7 | | facilities, equipment, routes, and safety zones in the event | 8 | | of the release or explosion of a hazardous substance. | 9 | | "Hazardous substance" means a substance considered | 10 | | severely harmful to human health and the environment, as | 11 | | defined by the United States Environmental Protection Agency | 12 | | under the federal Comprehensive Environmental Response, | 13 | | Compensation, and Liability Act. "Hazardous substance" may | 14 | | include, but is not limited to, any product's, substance's, or | 15 | | waste's presence, use, manufacture, disposal, transportation, | 16 | | or release, either by itself or in combination with other | 17 | | materials, that is: | 18 | | (1) potentially injurious to the public health, | 19 | | safety, or welfare, the environment, or a school; | 20 | | (2) regulated or monitored by any governmental | 21 | | authority; or | 22 | | (3) a basis for potential liability of a school to any | 23 | | governmental agency or third party under any applicable | 24 | | statute or common law theory. | 25 | | "Hazardous substance" includes, but is not limited to, | 26 | | radioactive materials, hydrocarbons, petroleum, gasoline, and |
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| 1 | | crude oil or any products, by-products, or fractions thereof. | 2 | | "High-hazard flammable train" means any single train | 3 | | transporting 20 or more loaded tank cars of a Class 3 flammable | 4 | | liquid in a continuous block or any single train carrying 35 or | 5 | | more loaded tank cars of a Class 3 flammable liquid throughout | 6 | | the train. | 7 | | "Route" means an established, plainly marked, and visible, | 8 | | at all times, transition area for students, school personnel, | 9 | | and other persons to move either on foot or by means of | 10 | | appropriate transportation from an area contaminated by the | 11 | | release or explosion of a hazardous substance to a safety | 12 | | zone. | 13 | | "Safety zone" means an established, plainly marked, and | 14 | | visible, at all times, area that is free from actual or | 15 | | potential contamination resulting from the release or | 16 | | explosion of a hazardous substance and that may be safely used | 17 | | as a planning and staging area. | 18 | | "School" means any school or daycare facility, either | 19 | | public or private, that is located within a potential area | 20 | | impacted by the release or explosion of a hazardous substance. | 21 | | "Worst-case scenario" means an assessment of the greatest | 22 | | extent of harm, including, but not limited to, personal harm, | 23 | | environmental harm, and harm to property, caused by a release | 24 | | or explosion, including both the largest quantity and the most | 25 | | likely quantity, of a hazardous substance that may negatively | 26 | | impact a school. ".
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