HB5013ham001 103RD GENERAL ASSEMBLY

Rep. Dagmara Avelar

Filed: 4/2/2024

10300HB5013ham001 LRB103 36384 BDA 71148 a

AMENDMENT TO HOUSE BILL 5013

AMENDMENT NO. ______. Amend House Bill 5013 by replacing everything after the enacting clause with the following:

"Section 5. The Environmental Protection Act is amended by adding Section 9.20 as follows:

(415 ILCS 5/9.20 new)

Sec. 9.20. Health and equity insights.

(a) Findings. The General Assembly finds that:

(1) pollution is distributed unevenly, impacts overburdened communities disproportionately, and varies on a block-by-block basis;

(2) disparities in impact are often missed by standard monitoring practices;

(3) identifying locations that attract high numbers of medium-duty vehicles and heavy-duty vehicles is crucial to mitigate emissions significantly;

(4) investment and policy development decisions must be made with communities and environmental justice advocates in order to reliably, effectively, and accurately prioritize impacted communities; and

(5) collaboration with impacted communities must continue through implementation of policy solutions that are designed with those same communities.

(b) Definitions. In this Section:

"Agency" means the Environmental Protection Agency.

"Board" means the Pollution Control Board.

"Commission" means the Commission on Environmental Justice.

"Community air quality monitoring" means the deployment of low-cost sensors at the neighborhood level to better identify and mitigate the large disparities in pollution exposure and health outcomes that can occur at the local level.

"Continuous fence line air quality monitoring" means monitoring that is located on-site, that is not switched on and off, and that consistently collects data 24 hours a day, 7 days a week unless paused for repair, calibration, or servicing.

"Department" means the Illinois Department of Commerce and Economic Opportunity.

"Federal Equivalent Method" or "FEM" means a method that is used for measuring the concentration of an air pollutant in the ambient air and that has been designated as an equivalent method to the Federal Reference Method.

"Federal Reference Method" or "FRM" means a method of monitoring described in 40 CFR 53 (or successor regulations).

"Local authority" means a State or local governmental entity with the authority to enable mobile monitoring as a complement to stationary and meteorological monitoring.

"Meteorological monitoring" means monitoring for meteorological data, such as wind speed and direction.

"Overburdened communities" has the same meaning as "environmental justice community" as defined and as may be updated in the long-term renewable resources procurement plan of the Illinois Power Agency and its Program Administrator under the Illinois Solar for All Program.

"Regulated facility" means:

(1) a facility in a non-overburdened community used for the purpose of goods distribution, whether rentable or used as a proprietary facility, that has 100,000 square feet or more of business area;

(2) a facility in an overburdened community used for the purpose of goods distribution, whether rentable or used as a proprietary facility, that has 50,000 square feet or more of business area;

(3) a truck-attracting facility; or

(4) a facility or set of facilities that the Agency determines has activities that threaten local health and have a similar impact as regulated facilities described in paragraphs (1), (2), and (3) but do not meet the minimum size or truck trips requirements of those facilities.

"Satellite air quality monitoring" means monitoring, conducted by one or more satellites, to measure the concentration of airborne particles, such as aerosols, in the atmosphere through observations of how much light reaches the surface of the Earth and how much light is reflected off of the aerosols.

"Significant emitters" means the stationary, indirect, and mobile sources that are the greatest contributors to health-harming pollutants.

"Truck trip" means the one-way trip a truck or tractor makes to or from a site with at least one warehouse to deliver or collect goods stored at that warehouse for later distribution to other locations. A truck or tractor entering a warehouse site and then leaving that site constitutes 2 trips.

"Truck-attracting facility" means a facility that generates or could generate 50 or more truck trips per day.

"Truck count" means an accounting of the number of trucks traveling through a designated intersection.

"Zero-emission vehicle" means a vehicle powered with a zero-emission powertrain that produces zero exhaust emissions of any criteria pollutant, precursor pollutant, or greenhouse gas in any mode of operation or condition, as determined by the Agency.

(c) Truck counting and other monitoring.

(1) Each year, the Agency shall conduct truck counting on a representative sample of local roads where trucks enter or exit a truck-attracting facility. If possible, the truck counts must include the class and age of the trucks counted. Truck-counting efforts shall build on existing efforts by community and environmental justice organizations and shall be conducted in consultation with those same entities. The Agency shall also take into consideration the experience of communities in deciding where to site monitors and how to move forward on subsequent policy development and implementation.

(2) A truck-attracting facility must continuously monitor on-site emissions for diesel particulate matter and nitrogen oxides. Monitoring must be conducted using at least 4 continuous fence line monitors spaced as far apart as possible from one another around the perimeter of the truck-attracting facility.

(3) Within one year after the effective date of this amendatory Act of the 103rd General Assembly, the Agency shall cite Federal Reference Methods (FRM) and Federal Equivalent Methods (FEM) established under 40 CFR Part 53, informed by satellite and community data when available, when determining the placement of air monitoring devices at truck-attracting facilities.

(4) The Agency shall not announce in advance the days when federal reference monitors are collecting data or the days when mobile or meteorological monitoring is taking place, if the Agency does not already continuously collect data from those monitors or through that monitoring. The Agency shall identify which federal reference monitors in the State are not collecting data continuously. The Agency shall transition all instruments to continuous monitoring within 2 years upon determining which monitors are not collecting data continuously.

(5) The Agency must create a timely process for community representatives or companies to co-locate monitoring equipment at FRM monitors or FEM monitors managed or owned by the State incorporating guidelines of public participation and transparency found in subsection (l) herein.

(6) Overburdened communities may request a new FRM monitor or FEM monitor. This request may be based on satellite or low-cost local data, health data, data concerning recent changes in land use, or other qualitative or quantitative metrics identified by overburdened communities. This request should be granted as of right if the data shows the source is already identified as a high-priority emitter, or the community is already identified as overburdened.

(d) Indirect source review.

(1) No later than 12 months after the effective date of this amendatory Act of the 103rd General Assembly, the Agency shall adopt rules requiring all regulated facilities to implement an air emissions reduction plan.

(2) In crafting such rules and regulations, the Agency shall create a methodology to determine the emissions at each regulated facility during the compliance period. Actual data at a regulated facility shall be collected by the regulated facility operator using methods that provide a verifiable and representative record. Annual emissions shall include on-site vehicle emissions (including moving, idling, and operation of auxiliary generating units, whether or not vehicles ever leave the facility) and on-site combustion emissions.

(3) The Agency shall require any new development that would be a regulated facility when operational to first obtain a permit demonstrating that it will be in compliance with rules and regulations concerning indirect sources in the state.

(4) In crafting such rules and regulations, the Agency shall create a points system under which regulated facilities must earn points based on the amount of emissions generated trips at the facility, and develop mitigation options for facilities to earn points. Mitigation options shall include:

(A) acquiring zero-emissions trucks;

(B) using zero-emissions trucks at the regulated facility or in truck trips to and from the regulated facility;

(C) installing electric charging infrastructure;

(D) using electric charging infrastructure;

(E) requiring use of zero-emissions vehicles on site;

(F) using alternatives to truck trips for incoming or outgoing trips such as e-cargo bikes or light duty electric vehicles;

(G) installing on-site solar power generation, electricity storage, and managed charging systems;

(H) installing and maintaining MERV 16 or greater filters systems in schools, day care centers, hospitals, community centers, or residences within one-half mile of a regulated facility;

(I) eliminating cooking, heating, hot water, or generator combustion emissions by replacing appliances and equipment at the regulated facility or at buildings within one-half mile of a regulated facility; and

(J) reducing transport emissions for regulated facility neighbors by contributing to and maintaining docked e-bike share, electric vehicle (EV) ride-sharing, or public transportation.

(5) The Agency shall also consider greater stringency for all census blocks where transport-related pollution is responsible for 15% or greater of new cases of childhood asthma.

(6) In crafting such rules and regulations, the Agency shall impose more stringent requirements for all regulated facilities located in or within one-half mile of an overburdened community, after consulting with overburdened communities and those communities' leaders.

(7) In crafting such rules and regulations, the Agency shall assess and report on when regulated facilities will reach zero on-site emissions.

(e) Fee and point system guidelines.

(1) In adopting rules that rely on points, the Agency shall not allow the transfer of points between facilities. If a warehouse operator earns more points than is required for an annual points compliance obligation in a given reporting period, then it may use those remaining points at the same warehouse to satisfy a points compliance obligation in any of the following 3 years.

(2) Operators transferring points to a different compliance period must demonstrate that any on-site improvements or equipment installations that were used to earn the points being transferred are still operational at that facility in the year that points are used.

(3) Points earned 3 years or less before an operator's first compliance period may be banked and transferred up to 3 years after the operator's first compliance period. This early compliance must be documented in an annual report immediately following the year in which the action or investment was completed.

(4) regulated facilities that manage a truck trip to or from an overburdened community shall have 25% higher points compliance obligations.

(5) When considering alternatives to truck trips for incoming or outgoing trips, the operator shall consult impacted and displaced workers in selecting an alternative to truck trips and shall only use an alternative upon agreement with the impacted and displaced workers. If employees in a regulated facility have an exclusive bargaining unit representative and the bargaining unit or the terms of the collective bargaining agreement would be impacted by the use of an alternative, then the operator shall consult with and obtain agreement from the employees who are impacted, displaced, or both and the representative, in writing, before using the alternative.

(f) Permitting.

(1) The Agency shall be in charge of permit issuance. Permits shall be reviewed at a minimum every 3 years for facilities in designated overburdened communities, and every 5 years in other locations.

(A) Permits shall only be issued if a regulated facility has paid its registration fee and will meet its compliance obligations.

(B) Permits shall only be reissued if a regulated facility has paid its registration fee and met its compliance obligations or paid the associated fines if not meeting compliance obligations.

(2) The issuance of permits shall consider the following:

(A) Cumulative impact borne by the community within one-half mile of the proposed facility, if available;

(B) Monitoring data, including FRM, fence line, and satellite data;

(C) Modeled emissions rates for facility activities, integrating inputs such as truck counts and on-site activities such as idling;

(D) Recommendations of the Commission.

(3) At any time, a permit review can be triggered at the request of the Commission, an overburdened community, or community representative that presents compelling quantitative evidence, such as truck counts or monitoring data, or qualitative evidence, such health surveys or focus groups, that shows a facility is contributing to cumulative burden.

(4) The Agency shall issue additional rules determining under what circumstances a facility may have its permit revoked. Permits shall not be issued or renewed until the regulated facility is in compliance including payment of any fines or fees.

(5) The Agency shall require a regulated facility to obtain a modified permit if the regulated facility has any development or major modification that would increase the emissions from activities at the facility.

(6) The Agency shall require regulated facilities, as a permit condition, to annually report all information needed by the Agency to fulfill its obligations.

(g) Impacts and sources.

(1) The Agency shall, in collaboration with the Department of Public Health, disclose air pollution impacts on maternal, infant, and child health and health disparities by census block group or smaller. The Agency shall make available clear information on health symptoms and outcomes. Metrics reported on shall include, but shall not be limited to, the following:

(A) the number of emergency room visits due to pollution- related illness;

(B) the number of diagnoses of pollution-related ailments; and

(C) the number of missed work and school days.

(2) The Agency shall, in collaboration with the State Board of Education, disclose air pollution impacts on educational attainment. Metrics reported on at the census block level include, but shall not be limited to:

(A) school attendance;

(B) academic performance; and

(C) graduation rates.

(3) The Agency shall, in collaboration with the Department, disclose air pollution impacts on the economy. Metrics that shall be reported on at the census block level include, but are not limited to:

(A) labor force participation, measured in missed workdays;

(B) labor force productivity; and

(C) inflation and tax revenues.

(4) The Agency shall disclose the sources of air pollution at the granularity of census block group or greater.

(5) The Agency shall disclose the jurisdiction with authority over mitigation of emissions from each type of emissions source.

(6) The Agency shall, in collaboration with the Department of Labor, Department of Financial and Professional Regulation, and other relevant agencies, annually publish a list of warehouses and other truck-attracting facilities that will include the following information, which shall be annually reported by the facilities:

(A) location;

(B) facility square footage;

(C) operator name;

(D) owner name;

(E) secured lender name;

(F) number of loading docks;

(G) compliance status;

(H) documented labor violations;

(I) the number of electric vehicle charging stations installed and actual usage;

(J) the number of hydrogen fueling stations installed and actual usage;

(K) the number of on-site renewable energy generation systems installed;

(L) the number of vehicles used to deliver from the site that are owned by the operator but leased to a third-party and the proportion of those vehicles that are leased and the proportion that are owned by the operator;

(M) the average daily number of inbound and outbound vehicle trips by vehicle weight and class, by time of day, and by day of the week;

(N) the average daily vehicle miles traveled for all vehicles making inbound and outbound trips;

(O) total number, age, race and ethnicity of residents within 0.5 mile;

(P) site profit;

(Q) sum of tax subsidies;

(R) the number of jobs at the facility, including drivers and others employed by third-party contractors, with a breakdown of percentage of part-time and full-time employees, independent contractors, unionized and non-union employees;

(S) the percentage of vehicles used, specifying on-road vehicles and off-road vehicles as well as weight and vehicle class, that are zero emissions;

(T) the identity of subcontractors who conduct more than 10% of total delivery vehicle trips from the site, including the entity name, principal officers, business address and contact information, and total number of employees; and

(U) any other information necessary to effectively implement and enforce any rule or regulation promulgated pursuant to this Section. The annual report shall be consistent with consistent with the transparency requirements in subsection (l).

(i) Insights, Jobs, and Environmental Justice Grant Program. The Agency shall create and administer an Insights, Jobs, and Environmental Justice Grant Program. The Insights, Jobs, and Environmental Justice Grant Program shall be designed to:

(1) identify overburdened communities, in collaboration with residents of overburdened communities, representatives of those communities, or both;

(2) deploy an air monitoring network to collect sufficient air quality data for review and accountability; and

(3) identify sources and impacts of concern to communities.

The Agency shall provide staff support for design of a monitoring program, co-location of instruments, implementation of data methods, analysis, grant facilitators, grant writing, capacity building, outreach and communication. Applications for grants programs should be as simple and streamlined as possible to maximize participation. Application forms and applications should be reviewed by the Commission to ensure accessibility and appropriateness of awards.

(j) Insights analysis program.

(1) In 2025 and every 2 years thereafter, the Agency must conduct a review to determine levels of criteria pollutants in the overburdened communities and in median comparison neighborhoods. Unredacted reviews must be made accessible to the public in full, unless necessary to comply with confidentiality restrictions, and must be posted on a publicly available, multilingual website. Reviews must include an evaluation of initial and subsequent impacts related to criteria pollution in overburdened communities and in comparison to median comparison neighborhoods and may also include climate impacts in overburdened communities.

(2) The Agency, in collaboration with the Department and the Board, must identify significant emitters and their parent companies, extent and kind of emissions.

(3) The Agency shall identify or develop models for emissions inventories from regulated facilities; tools usable by communities to attribute air pollution to different sources and industries; and models to describe on-site activities by an emissions rate, such as grams per hour or tons per year.

(k) Funding.

(1) The Board shall impose an annual registration fee for regulated facilities, and institute additional fines for regulated facilities that fail to comply with any rules or regulations promulgated pursuant to this Section.

(2) The fees and fines shall be made payable to the Environmental Protection Trust Fund.

(3) The minimum registration fee shall be set at a level sufficient to ensure the Agency has the resources to conduct all activities specified in this Act.

(4) A portion of funds, to be determined by consultation with overburdened community representatives and approved by the Commission, shall be used to fund the Insights, Jobs, and Environmental Justice Grant Program established under this Section; and materials necessary to provide education on monitoring, air quality, and impacts of pollution in overburdened communities.

(5) The Environmental Protection Trust Fund is authorized to make all payments to achieve the purposes of this Section.

(l) Public participation and transparency.

(1) The Agency shall provide a public participation process, including, but not limited to:

(A) public notice of the submission of permit applications or revisions, overburdened community permit review request, requests for new FEM or FRM monitors, or co-location of monitors;

(B) posting, on a public website in machine-readable format, the full permit application, revision, or review request, or request for monitor or co-location, the draft and final findings by the consulted agencies, and the agencies' response to comments;

(C) an opportunity for the submission of public comments;

(D) an opportunity for a public hearing before a determination;

(E) a summary and response of the comments prepared by the consulted agencies; and

(F) communications between impacted communities must be in English and any language that 10% or more of non-English speaking residents speak.

(2) The Agency shall track progress on reduction of emissions from regulated facilities in an easily accessible format.

(m) Investigation.

(1) The Agency shall conduct an annual investigation of a random selection of at least 3% of regulated facilities in non-overburdened communities. The Agency shall conduct an annual investigation of at least 7% of all regulated facilities sources in overburdened communities. The Agency shall conduct an annual investigation of any regulated facilities with more than 500 children under the age of 5 living within one-half mile. Communities may request an investigation. This request shall be granted as of right if the source is already identified as a high priority emitter or the community is already identified as an overburdened community. The results of any investigation shall be made public along with any recommended or required mitigation actions.

(2) An investigation shall consist of the following:

(A) review of fence line monitoring data;

(B) an analysis of satellite data;

(C) updates on land use, truck counts and ages, and duration of idling, and other inputs into emissions inventories;

(D) the identification of defeat devices installed on trucks;

(E) determination of annual emissions rate from the source and expected concentration enhancements from the source at one-half and one mile distance; and

(F) other metrics identified as important by community representatives.

(n) Beneficial electrification based on health and equity insights.

(1) Community monitoring, fence line monitoring, meteorological data, and analysis of satellite data shall all be considered when identifying priority communities for beneficial electrification.

(2) New and modified facilities shall be ready for zero-emissions operations. The Agency shall issue guidelines specifying how new and modified facilities shall include:

(i) on-site solar power generation;

(ii) battery storage; and

(iii) a managed charging system.

(o) Standing for Citizen Suits. Any resident within one-half mile of a regulated facility shall have standing in a civil suit to secure the protections of this Section. If a legal proceeding determines that a regulated entity misrepresented statements, beyond a de minimis error, or has not met a compliance obligation under this Section, the party who brought the suit shall be entitled to attorneys' fees and twice the value of the annual fees owed by the facility for the year the suit was brought.

(p) Severability. If any provision of this Section or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Section which can be given effect without the invalid provision or application, and to this end the provisions of this Section are severable.

Section 10. The Environmental Justice Act is amended by changing Section 10 as follows:

(415 ILCS 155/10)

Sec. 10. Commission on Environmental Justice.

(a) The Commission on Environmental Justice is established and consists of the following 24 voting members:

(1) 2 members of the Senate, one appointed by the President of the Senate and the other by the Minority Leader of the Senate, each to serve at the pleasure of the appointing officer;

(2) 2 members of the House of Representatives, one appointed by the Speaker of the House of Representatives and the other by the Minority Leader of the House of Representatives, each to serve at the pleasure of the appointing officer;

(3) the following ex officio members: the Director of Commerce and Economic Opportunity or his or her designee, the Director of the Environmental Protection Agency or his or her designee, the Director of Natural Resources or his or her designee, the Director of Public Health or his or her designee, the Secretary of Transportation or his or her designee, and a representative of the housing office of the Department of Human Services appointed by the Secretary of Human Services; and

(4) 14 members appointed by the Governor who represent the following interests:

(i) at least 4 members of affected communities concerned with environmental justice;

(ii) at least 2 members of business organizations including one member representing a statewide organization representing manufacturers and one member representing an organization representing the energy sector;

(iii) environmental organizations;

(iv) experts on environmental health and environmental justice;

(v) units of local government;

(vi) members of the general public who have an interest or expertise in environmental justice; and

(vii) at least 2 members of labor organizations including one member from a statewide labor federation representing more than one international union and one member from an organization representing workers in the energy sector.

(b) Of the initial members of the Commission appointed by the Governor, 5 shall serve for a 2-year term and 5 shall serve for a 1-year term, as designated by the Governor at the time of appointment. The members appointed by the Governor for terms beginning before the effective date of this amendatory Act of the 102nd General Assembly shall serve 2-year terms. Members appointed by the Governor for terms beginning on or after the effective date of this amendatory Act of the 102nd General Assembly shall serve 4-year terms. Vacancies shall be filled in the same manner as appointments. Members of the Commission appointed by the Governor may not receive compensation for their service on the Commission and are not entitled to reimbursement for expenses.

(c) The Governor shall designate a Chairperson from among the Commission's members. The Commission shall meet at the call of the Chairperson, but no later than 90 days after the effective date of this Act and at least quarterly thereafter.

(d) The Commission shall:

(1) advise State entities on environmental justice and related community issues;

(2) review and analyze the impact of current State laws and policies on the issue of environmental justice and sustainable communities;

(3) assess the adequacy of State and local laws to address the issue of environmental justice and sustainable communities;

(4) develop criteria to assess whether communities in the State may be experiencing environmental justice issues; and

(4.5) identify high-priority emitters; and

(5) recommend options to the Governor for addressing issues, concerns, or problems related to environmental justice that surface after reviewing State laws and policies, including prioritizing areas of the State that need immediate attention.

(e) On or before October 1, 2011 and each October 1 thereafter, the Commission shall report its findings and recommendations to the Governor and General Assembly.

(f) The Environmental Protection Agency shall provide administrative and other support to the Commission.

(Source: P.A. 102-1129, eff. 2-10-23.)".