IL
Illinois House Bill HB5013

Illinois 2023-2024 Regular Session

Illinois House Bill HB5013 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5013 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED: 415 ILCS 5/9.20 new Amends the Environmental Protection Act. Establishes the Health and Equity Advisory Council. Provides that the Council shall make initial findings, conclusions, and recommendations regarding environmental justice to the General Assembly by no later than June 30, 2026, and shall make annual reports to the General Assembly no later than June 30 of each year thereafter. Describes the Council's composition. Provides that the Environmental Protection Agency shall conduct truck counting and facility emissions monitoring. Provides that, no later than 12 months after the effective date of the amendatory Act, the Agency shall adopt rules providing for the facility-by-facility review of regulated facilities, along with a menu of measures to reduce the impact of air pollution. Provides guidelines for a fee and point system. Requires the Agency to disclose air pollution impacts on maternal, infant, and child health; educational attainment; and the economy. Establishes the Insights, Jobs, and Environmental Justice Grant Program. Outlines the purpose and application of the grant program. Establishes the Insights Analysis Program and details its purpose, function, and duties. Requires the Agency to conduct a public participation process in order to maintain transparency of the program's progress. Requires the Agency to annually publish a list of warehouses and truck-attracting facilities and details the information that must be included on the list. Requires the Agency to conduct annual investigations of a random selection of at least 5% of all stationary and indirect sources in non-overburdened communities. Requires that the results of the investigation be made public and details the metrics to be included in the investigations. LRB103 36384 LNS 66485 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5013 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED: 415 ILCS 5/9.20 new 415 ILCS 5/9.20 new Amends the Environmental Protection Act. Establishes the Health and Equity Advisory Council. Provides that the Council shall make initial findings, conclusions, and recommendations regarding environmental justice to the General Assembly by no later than June 30, 2026, and shall make annual reports to the General Assembly no later than June 30 of each year thereafter. Describes the Council's composition. Provides that the Environmental Protection Agency shall conduct truck counting and facility emissions monitoring. Provides that, no later than 12 months after the effective date of the amendatory Act, the Agency shall adopt rules providing for the facility-by-facility review of regulated facilities, along with a menu of measures to reduce the impact of air pollution. Provides guidelines for a fee and point system. Requires the Agency to disclose air pollution impacts on maternal, infant, and child health; educational attainment; and the economy. Establishes the Insights, Jobs, and Environmental Justice Grant Program. Outlines the purpose and application of the grant program. Establishes the Insights Analysis Program and details its purpose, function, and duties. Requires the Agency to conduct a public participation process in order to maintain transparency of the program's progress. Requires the Agency to annually publish a list of warehouses and truck-attracting facilities and details the information that must be included on the list. Requires the Agency to conduct annual investigations of a random selection of at least 5% of all stationary and indirect sources in non-overburdened communities. Requires that the results of the investigation be made public and details the metrics to be included in the investigations. LRB103 36384 LNS 66485 b LRB103 36384 LNS 66485 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5013 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED:
33 415 ILCS 5/9.20 new 415 ILCS 5/9.20 new
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55 Amends the Environmental Protection Act. Establishes the Health and Equity Advisory Council. Provides that the Council shall make initial findings, conclusions, and recommendations regarding environmental justice to the General Assembly by no later than June 30, 2026, and shall make annual reports to the General Assembly no later than June 30 of each year thereafter. Describes the Council's composition. Provides that the Environmental Protection Agency shall conduct truck counting and facility emissions monitoring. Provides that, no later than 12 months after the effective date of the amendatory Act, the Agency shall adopt rules providing for the facility-by-facility review of regulated facilities, along with a menu of measures to reduce the impact of air pollution. Provides guidelines for a fee and point system. Requires the Agency to disclose air pollution impacts on maternal, infant, and child health; educational attainment; and the economy. Establishes the Insights, Jobs, and Environmental Justice Grant Program. Outlines the purpose and application of the grant program. Establishes the Insights Analysis Program and details its purpose, function, and duties. Requires the Agency to conduct a public participation process in order to maintain transparency of the program's progress. Requires the Agency to annually publish a list of warehouses and truck-attracting facilities and details the information that must be included on the list. Requires the Agency to conduct annual investigations of a random selection of at least 5% of all stationary and indirect sources in non-overburdened communities. Requires that the results of the investigation be made public and details the metrics to be included in the investigations.
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1111 1 AN ACT concerning safety.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Environmental Protection Act is amended by
1515 5 adding Section 9.20 as follows:
1616 6 (415 ILCS 5/9.20 new)
1717 7 Sec. 9.20. Health and equity insights.
1818 8 (a) Findings. The General Assembly finds that:
1919 9 (1) pollution is distributed unevenly, impacts
2020 10 overburdened communities disproportionately, and varies on
2121 11 a block-by-block basis;
2222 12 (2) disparities in impact are often missed by standard
2323 13 monitoring practices;
2424 14 (3) identifying locations that attract high numbers of
2525 15 medium-duty vehicles and heavy-duty vehicles is crucial to
2626 16 mitigate emissions significantly;
2727 17 (4) investment and policy development decisions must
2828 18 be made with communities and environmental justice
2929 19 advocates in order to reliably, effectively, and
3030 20 accurately prioritize impacted communities; and
3131 21 (5) collaboration with impacted communities must
3232 22 continue through implementation of policy solutions that
3333 23 are designed with those same communities.
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5013 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED:
3838 415 ILCS 5/9.20 new 415 ILCS 5/9.20 new
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4040 Amends the Environmental Protection Act. Establishes the Health and Equity Advisory Council. Provides that the Council shall make initial findings, conclusions, and recommendations regarding environmental justice to the General Assembly by no later than June 30, 2026, and shall make annual reports to the General Assembly no later than June 30 of each year thereafter. Describes the Council's composition. Provides that the Environmental Protection Agency shall conduct truck counting and facility emissions monitoring. Provides that, no later than 12 months after the effective date of the amendatory Act, the Agency shall adopt rules providing for the facility-by-facility review of regulated facilities, along with a menu of measures to reduce the impact of air pollution. Provides guidelines for a fee and point system. Requires the Agency to disclose air pollution impacts on maternal, infant, and child health; educational attainment; and the economy. Establishes the Insights, Jobs, and Environmental Justice Grant Program. Outlines the purpose and application of the grant program. Establishes the Insights Analysis Program and details its purpose, function, and duties. Requires the Agency to conduct a public participation process in order to maintain transparency of the program's progress. Requires the Agency to annually publish a list of warehouses and truck-attracting facilities and details the information that must be included on the list. Requires the Agency to conduct annual investigations of a random selection of at least 5% of all stationary and indirect sources in non-overburdened communities. Requires that the results of the investigation be made public and details the metrics to be included in the investigations.
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6868 1 (b) Definitions. In this Section:
6969 2 "Agency" means the Illinois Environmental Protection
7070 3 Agency.
7171 4 "Board" means the Illinois Pollution Control Board.
7272 5 "Community air quality monitoring" means the deployment of
7373 6 low-cost sensors at the neighborhood level to better identify
7474 7 and mitigate the large disparities in pollution exposure and
7575 8 health outcomes that can occur at the local level.
7676 9 "Continuous fenceline air quality monitoring" means
7777 10 monitoring that is located on-site, that is not switched on
7878 11 and off, and that consistently collects data 24 hours a day, 7
7979 12 days a week unless paused for repair, calibration, or
8080 13 servicing.
8181 14 "Council" means the Health and Equity Advisory Council
8282 15 established under this Section.
8383 16 "Department" means the Illinois Department of Commerce and
8484 17 Economic Opportunity.
8585 18 "Federal Equivalent Method" or "FEM" means a method that
8686 19 is used for measuring the concentration of an air pollutant in
8787 20 the ambient air and that has been designated as an equivalent
8888 21 method to the Federal Reference Method.
8989 22 "Federal Reference Method" or "FRM" means a method of
9090 23 monitoring that is certified as regulatory grade and that
9191 24 employs strict measurement standards and performance
9292 25 standards. FRM monitors are generally used by regulatory
9393 26 bodies, such as the United States Environmental Protection
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104104 1 Agency.
105105 2 "Local authority" means a State or local governmental
106106 3 entity with the authority to enable mobile monitoring as a
107107 4 complement to stationary and meteorological monitoring.
108108 5 "Meteorological monitoring" means monitoring for
109109 6 meteorological data, such as wind speed and direction.
110110 7 "Overburdened communities" has the same meaning as
111111 8 "environmental justice community" as defined and as may be
112112 9 updated in the long-term renewable resources procurement plan
113113 10 of the Illinois Power Agency and its Program Administrator
114114 11 under the Illinois Solar for All Program.
115115 12 "Regulated facility" means the following:
116116 13 (1) any facility that is at least 100,000 square feet
117117 14 in size;
118118 15 (2) any set of facilities with a common owner or
119119 16 operator that, in the aggregate, is at least 500,000
120120 17 square feet in size; and
121121 18 (3) any facility that is deemed by the Agency, after
122122 19 consultation with affected communities, to threaten local
123123 20 health either because of its individual impact or its
124124 21 contribution to a cumulative impact.
125125 22 "Satellite air quality monitoring" means monitoring,
126126 23 conducted by one or more satellites, to measure the
127127 24 concentration of airborne particles, such as aerosols, in the
128128 25 atmosphere through observations of how much light reaches the
129129 26 surface of the Earth and how much light is reflected off of the
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140140 1 aerosols.
141141 2 "Significant emitters" means the stationary, indirect, and
142142 3 mobile sources that are the greatest contributors to
143143 4 health-harming pollutants.
144144 5 "Truck trip" means the one-way trip a truck or tractor
145145 6 makes to or from a site with at least one warehouse to deliver
146146 7 or collect goods stored at that warehouse for later
147147 8 distribution to other locations. A truck or tractor entering a
148148 9 warehouse site and then leaving that site constitutes 2 trips.
149149 10 "Truck-attracting facility" means a property, including,
150150 11 but not limited to, parking areas and driving lanes, for
151151 12 trucks, trailers, or passenger vehicles.
152152 13 "Truck-attracting facility" includes:
153153 14 (1) a warehouse, distribution center, or intermodal
154154 15 facility on the property, including, but not limited to, a
155155 16 main building, an accessory building, or both;
156156 17 (2) an entry-and-exit point for vehicle accessory
157157 18 maintenance or a security building; and
158158 19 (3) fueling or charging infrastructure for vehicles.
159159 20 "Truck count" means an accounting of the number of trucks
160160 21 traveling through a designated intersection.
161161 22 (c) Health and Equity Advisory Council.
162162 23 (1) The Health and Equity Advisory Council is hereby
163163 24 established. The Council shall:
164164 25 (A) make findings, conclusions, and
165165 26 recommendations regarding environmental justice in the
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176176 1 State and uses of federal funds provided to the State
177177 2 for environmental justice;
178178 3 (B) file with the General Assembly, in accordance
179179 4 with Section 3.1 of the General Assembly Organization
180180 5 Act, by no later than June 30, 2026, an initial report
181181 6 that is consistent with the transparency provisions of
182182 7 subsection (k) and that delineates the Council's
183183 8 findings, conclusions, and recommendations; and
184184 9 (C) after the initial report under subparagraph
185185 10 (B), file with the General Assembly, in accordance
186186 11 with Section 3.1 of the General Assembly Organization
187187 12 Act, by June 30, 2026 and June 30 of each year
188188 13 thereafter, an annual report that is consistent with
189189 14 the transparency provisions of subsection (k) and that
190190 15 delineates the Council's findings, conclusions, and
191191 16 recommendations.
192192 17 (2) Voting members of the Council shall be appointed
193193 18 by the Governor by no later than 60 days after the
194194 19 effective date of this amendatory Act of the 103rd General
195195 20 Assembly. If a vacancy occurs on the Council, the vacancy
196196 21 shall be filled in a manner that is consistent with the
197197 22 original appointments. The Council shall consist of the
198198 23 following voting members:
199199 24 (A) 4 members, appointed as follows, who
200200 25 represent, when possible, disadvantaged communities:
201201 26 (i) one member appointed by the Speaker of the
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212212 1 House of Representatives, who shall serve as
213213 2 co-chairperson;
214214 3 (ii) one member appointed by the President of
215215 4 the Senate, who shall serve as co-chairperson;
216216 5 (iii) one member appointed by the Minority
217217 6 Leader of the Senate;
218218 7 (iv) one member appointed by the Minority
219219 8 Leader of the House of Representatives;
220220 9 (B) the Director of Public Health or his or her
221221 10 designee;
222222 11 (C) the Secretary of Human Services or his or her
223223 12 designee;
224224 13 (D) the Secretary of Transportation or his or her
225225 14 designee; and
226226 15 (E) at least 2 representatives of communities with
227227 16 heavy truck traffic.
228228 17 Additional individuals may be appointed as voting
229229 18 members of the Council with the approval of both
230230 19 co-chairpersons.
231231 20 (3) The Council may, at the discretion of the Council,
232232 21 add the following nonvoting members:
233233 22 (A) one representative of a labor organization;
234234 23 (B) one representative of a statewide organization
235235 24 representing manufacturers;
236236 25 (C) 2 representatives of faith-based
237237 26 organizations; and
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248248 1 (D) 2 representatives of health organizations.
249249 2 Additional individuals may participate as nonvoting
250250 3 members of the Council at the discretion of both
251251 4 co-chairpersons.
252252 5 (d) Truck counting and other monitoring.
253253 6 (1) Each year, the Agency shall conduct truck counting
254254 7 on a representative sample of local roads where trucks
255255 8 enter or exit a truck-attracting facility. If possible,
256256 9 the truck counts must include the class and age of the
257257 10 trucks counted. Truck-counting efforts shall build on
258258 11 existing efforts by community and environmental justice
259259 12 organizations and shall be conducted in consultation with
260260 13 those same entities. Any consultant hired by the Agency to
261261 14 conduct truck counting shall be approved by the Council.
262262 15 The Agency shall also take into consideration the
263263 16 experience of communities in deciding where to site
264264 17 monitors and how to move forward on subsequent policy
265265 18 development and implementation.
266266 19 (2) A truck-attracting facility must continuously
267267 20 monitor on-site emissions for diesel particulate matter
268268 21 and nitrogen oxides. Monitoring must be conducted using at
269269 22 least 4 continuous fenceline monitors spaced as far apart
270270 23 as possible from one another around the perimeter of the
271271 24 truck-attracting facility.
272272 25 (3) Within one year after the effective date of this
273273 26 amendatory Act of the 103rd General Assembly, the Agency
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284284 1 shall cite Federal Reference Methods (FRM) and Federal
285285 2 Equivalent Methods (FEM) established under 40 CFR Part 53,
286286 3 informed by satellite and community data when available,
287287 4 when determining the placement of air monitoring devices
288288 5 at truck-attracting facilities.
289289 6 (4) The Agency shall not announce in advance the days
290290 7 when federal reference monitors are collecting data or the
291291 8 days when mobile or meteorological monitoring is taking
292292 9 place, if the Agency does not already continuously collect
293293 10 data from those monitors or through that monitoring. The
294294 11 Agency shall identify which federal reference monitors in
295295 12 the State are not collecting data continuously. The Agency
296296 13 shall transition all instruments to continuous monitoring
297297 14 within 2 years upon determining which monitors are not
298298 15 collecting data continuously.
299299 16 (5) The Agency must create a process for community
300300 17 representatives or companies to co-locate monitoring
301301 18 equipment at FRM monitors or FEM monitors managed or owned
302302 19 by the State. Communities may request a new FRM monitor or
303303 20 FEM monitor. This request may be based on satellite or
304304 21 low-cost local data, health data, data concerning recent
305305 22 changes in land use, or other qualitative or quantitative
306306 23 metrics identified by overburdened communities. This
307307 24 request should be granted as of right if the data shows the
308308 25 source is already identified as a high-priority emitter,
309309 26 or the community is already identified as overburdened.
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320320 1 (e) Indirect source review.
321321 2 (1) No later than 12 months after the effective date
322322 3 of this amendatory Act of the 103rd General Assembly, the
323323 4 Agency shall adopt rules providing for the
324324 5 facility-by-facility review of regulated facilities, along
325325 6 with a menu of measures to reduce the impact of air
326326 7 pollution from these indirect sources. The Agency shall
327327 8 consider measures, including, but not limited to,
328328 9 requiring all warehouse operators to implement an air
329329 10 emissions reduction plan developed or approved by the
330330 11 Agency in consultation with community representatives and
331331 12 mitigation options, such as installing infrastructure and
332332 13 requiring use of zero-emission vehicles on-site; using
333333 14 alternatives to truck trips for incoming or outgoing
334334 15 trips; installing on-site solar power generation,
335335 16 electricity storage, and managed charging systems; or any
336336 17 combination of these types of measures. The Agency shall
337337 18 also consider greater stringency for all census blocks
338338 19 where transport-related pollution is responsible for 20%
339339 20 or greater of new cases of childhood asthma and all
340340 21 warehouses located within a half mile of an overburdened
341341 22 community, as determined by the Agency after consulting
342342 23 with overburdened communities and community leaders.
343343 24 (2) Once the rules described in paragraph (1) are
344344 25 adopted, the Agency shall require a regulated facility to
345345 26 obtain a permit demonstrating that it will comply with
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356356 1 rules and regulations concerning indirect sources in the
357357 2 State if the regulated facility has any development or
358358 3 major modification that would increase the pollution
359359 4 related to the facility.
360360 5 (f) Fee and point system guidelines.
361361 6 (1) The Agency shall create a points system under
362362 7 which warehouse operators must earn points based on the
363363 8 amount of emissions generated by trucks at their
364364 9 facilities, and for implementing mitigation options, such
365365 10 as installing infrastructure, requiring use of
366366 11 zero-emission vehicles on-site, using alternatives to
367367 12 truck trips for incoming or outgoing trips, providing air
368368 13 filtration for neighbors of facilities, and installing
369369 14 on-site solar power generation, electricity storage, and
370370 15 managed charging systems.
371371 16 (2) The Agency shall not allow the transfer of points
372372 17 between facilities. If a warehouse operator earns more
373373 18 points than is required for an annual points compliance
374374 19 obligation in a given reporting period, then it may use
375375 20 those remaining points at the same warehouse to satisfy a
376376 21 points compliance obligation in any of the following 3
377377 22 years.
378378 23 (3) Warehouse operators transferring points to a
379379 24 different compliance period must demonstrate that any
380380 25 on-site improvements or equipment installations that were
381381 26 used to earn the points being transferred are still
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392392 1 operational at that warehouse facility in the year that
393393 2 points are used.
394394 3 (4) Points earned 3 years or less before a warehouse
395395 4 operator's first compliance period may be banked and
396396 5 transferred up to 3 years after the warehouse operator's
397397 6 first compliance period. This early compliance must be
398398 7 documented in an annual report immediately following the
399399 8 year in which the action or investment was completed.
400400 9 (5) The minimum registration fee established under
401401 10 subsection (j) shall be set at a level sufficient to
402402 11 reimburse public and private insurance plans and facility
403403 12 neighbors for health care and associated expenditures due
404404 13 to facility operations, including truck activity at the
405405 14 facility. Fee investment shall be prioritized in the
406406 15 community where the fees were levied unless consultation
407407 16 with communities reveals an alternative location is more
408408 17 appropriate.
409409 18 (6) A portion of funds, to be determined by
410410 19 consultation with community representatives, shall be used
411411 20 to fund the Insights, Jobs, and Environmental Justice
412412 21 Grant Program established under this Section; fenceline
413413 22 monitors; and materials necessary to provide education on
414414 23 monitoring, air quality, and impacts of pollution in
415415 24 communities.
416416 25 (7) When considering alternatives to truck trips for
417417 26 incoming or outgoing trips, the warehouse operator shall
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428428 1 consult impacted and displaced employees in selecting an
429429 2 alternative to truck trips and shall only use an
430430 3 alternative upon agreement with the impacted and displaced
431431 4 employees. If employees in the warehouse have an exclusive
432432 5 bargaining unit representative and the bargaining unit or
433433 6 the terms of the collective bargaining agreement would be
434434 7 impacted by the use of an alternative, then the warehouse
435435 8 operator shall consult with and obtain agreement from the
436436 9 employees who are impacted, displaced, or both and the
437437 10 representative, in writing, before using the alternative.
438438 11 (g) Health impacts.
439439 12 (1) The Agency shall disclose air pollution impacts on
440440 13 maternal, infant, and child health and health disparities
441441 14 at the granularity of census block group or greater, in
442442 15 line with the transparency requirements of subsection (k).
443443 16 The Agency shall provide clear information on health
444444 17 symptoms and outcomes. Metrics reported on at the census
445445 18 block level shall include, but shall not be limited to,
446446 19 the following:
447447 20 (A) the number of emergency room visits due to
448448 21 pollution-related illness;
449449 22 (B) the number of diagnoses of pollution-related
450450 23 ailments; and
451451 24 (C) the number of missed work and school days.
452452 25 (2) The Agency shall disclose air pollution impacts on
453453 26 educational attainment. Metrics reported on at the census
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464464 1 block level include, but shall not be limited to:
465465 2 (A) school attendance;
466466 3 (B) academic performance; and
467467 4 (C) graduation rates at the granularity of census
468468 5 block group or greater.
469469 6 (3) The Agency shall disclose air pollution impacts on
470470 7 the economy. Metrics that shall be reported on at the
471471 8 census block level include, but are not limited to:
472472 9 (A) labor force participation, measured in missed
473473 10 workdays;
474474 11 (B) labor force productivity; and
475475 12 (C) inflation and tax revenues.
476476 13 (3) The Agency shall disclose the sources of air
477477 14 pollution at the granularity of census block group or
478478 15 greater.
479479 16 (4) The Agency shall disclose the jurisdiction with
480480 17 authority over mitigation of emissions from each type of
481481 18 emissions source.
482482 19 (h) Insights, Jobs, and Environmental Justice Grant
483483 20 Program. The Agency shall create and administer an Insights,
484484 21 Jobs, and Environmental Justice Grant Program. The Insights,
485485 22 Jobs, and Environmental Justice Grant Program shall be
486486 23 designed to:
487487 24 (1) identify overburdened communities, in
488488 25 collaboration with residents of overburdened communities,
489489 26 representatives of those communities, or both;
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500500 1 (2) deploy an air monitoring network to collect
501501 2 sufficient air quality data for review and accountability
502502 3 for reductions; and
503503 4 (3) identify sources and impacts of concern to
504504 5 communities.
505505 6 Applications for grants from the Insights, Jobs, and
506506 7 Environmental Justice Grant Program should be as simple and
507507 8 streamlined as possible to maximize participation. Application
508508 9 forms and applications should be reviewed by the Advisory
509509 10 Council to ensure accessibility and appropriateness of awards.
510510 11 (i) Insights Analysis Program.
511511 12 (1) In 2025 and every 2 years thereafter, the Agency
512512 13 must conduct a review to determine levels of criteria
513513 14 pollutants in the overburdened communities and in median
514514 15 comparison neighborhoods. Unredacted reviews must be made
515515 16 accessible to the public in full, unless necessary to
516516 17 comply with confidentiality restrictions, and must be
517517 18 posted on a publicly available, multilingual website.
518518 19 Reviews must include an evaluation of initial and
519519 20 subsequent impacts related to criteria pollution in
520520 21 overburdened communities and in comparison to median
521521 22 comparison neighborhoods and may also include climate
522522 23 impacts in overburdened communities.
523523 24 (2) The Agency, in collaboration with the Department
524524 25 and the Board, must identify significant emitters and
525525 26 their parent companies; must identify and quantify the
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536536 1 health implications of the persistent air pollution; must
537537 2 identify local educational outcomes of inequitable air
538538 3 pollution; must identify local economic outcomes of
539539 4 inequitable air pollution, such as lost labor
540540 5 productivity, displaced residents, and tax base
541541 6 implications; and must develop a high-priority list of
542542 7 significant emitters and kinds of emissions.
543543 8 (3) Where the Agency is unable to identify sources,
544544 9 health, educational and economic implications of
545545 10 pollution, the Agency must identify key areas of
546546 11 uncertainty and propose a research agenda to achieve the
547547 12 unrealized insights.
548548 13 (4) The Agency shall identify or develop models for
549549 14 emissions inventories from ports and warehouses as
550550 15 indirect stationary sources; tools usable by communities
551551 16 to attribute air pollution to different sources and
552552 17 industries' models to translate concentration readings
553553 18 from non-regulatory monitors; and other inputs, such as
554554 19 meteorological data, for emissions rates, such as pounds
555555 20 per hour or tons per year.
556556 21 (j) Funding.
557557 22 The Board shall impose an annual registration fee for
558558 23 warehouse operators, and institute additional fees for
559559 24 warehouse operators that fail to comply with any rules or
560560 25 regulations promulgated pursuant to this Section. Fines for
561561 26 noncompliance with this Section shall be used for the
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572572 1 Insights, Jobs, and Environmental Justice Grant Program,
573573 2 described in subsection (h), as well as needs identified
574574 3 through consultations with impacted communities, including,
575575 4 but not limited to, investment in infrastructure, other
576576 5 pollution mitigation measures, monitoring, and healthcare. The
577577 6 fees and fines shall be made payable to the Environmental
578578 7 Protection Trust Fund.
579579 8 (k) Public participation and transparency.
580580 9 (1) The Agency shall provide a public participation
581581 10 process, including, but not limited to:
582582 11 (A) public notice of the submission of permit
583583 12 applications to assess potential additional
584584 13 contributions to any cumulative impacts;
585585 14 (B) posting, on a public website in
586586 15 machine-readable format, the full permit application,
587587 16 the draft and final findings by the consulted
588588 17 agencies, and the agencies' response to comments;
589589 18 (C) an opportunity for the submission of public
590590 19 comments;
591591 20 (D) an opportunity for a public hearing before a
592592 21 determination; and
593593 22 (E) a summary and response of the comments
594594 23 prepared by the consulted agencies.
595595 24 (2) The Agency shall track progress in an easily
596596 25 accessible format and shall provide a transparent and
597597 26 publicly available rationale for policy and regulatory
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608608 1 decisions and shall describe the extent to which community
609609 2 engagement and collected data informed those decisions.
610610 3 Such information must be updated on a quarterly basis. If
611611 4 progress is deemed insufficient by the Advisory Council
612612 5 described in subsection (c), the Agency shall be required
613613 6 to undertake remedial actions and, where appropriate,
614614 7 identify metrics of progress, as designated by the
615615 8 Advisory Council to ensure achievement of the provisions
616616 9 of this Section.
617617 10 (l) Published list. The Agency shall annually publish a
618618 11 list of warehouses and other truck-attracting facilities that
619619 12 will include the following information, which will be annually
620620 13 reported by the facilities:
621621 14 (1) location;
622622 15 (2) facility square footage;
623623 16 (3) operator name;
624624 17 (4) owner name;
625625 18 (5) secured lender name;
626626 19 (6) number of truck bays;
627627 20 (7) compliance status;
628628 21 (8) documented labor violations;
629629 22 (9) the number of electric vehicle charging stations
630630 23 installed and actual usage;
631631 24 (10) the number of hydrogen fueling stations installed
632632 25 and actual usage;
633633 26 (11) the number of on-site renewable energy generation
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644644 1 systems installed;
645645 2 (12) the number of vehicles used to deliver from the
646646 3 site that are owned by the operator but leased to a
647647 4 third-party and the proportion of those vehicles that are
648648 5 leased and the proportion that are owned by the operator;
649649 6 (13) the average daily number of inbound and outbound
650650 7 vehicle trips by vehicle weight and class, by time of day,
651651 8 and by day of the week; and
652652 9 (14) the average daily vehicle miles traveled for all
653653 10 vehicles making inbound and outbound trips to and from the
654654 11 qualifying warehouse.
655655 12 (m) Enforcement; investigation.
656656 13 (1) The Agency shall conduct an annual investigation
657657 14 of a random selection of at least 5% of all stationary and
658658 15 indirect sources in non-overburdened communities. The
659659 16 Agency shall conduct an annual investigation of at least
660660 17 10% of all stationary and indirect sources in overburdened
661661 18 communities. The Agency shall conduct an annual
662662 19 investigation of any stationary or indirect source with
663663 20 more than 500 children under the age of 5 living within
664664 21 one-half mile of the source. Communities may request an
665665 22 investigation at stationary or indirect sources. This
666666 23 request shall be granted as of right if the source is
667667 24 already identified as a high priority emitter or the
668668 25 community is already identified as an overburdened
669669 26 community. The results of any investigation shall be made
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