IL
Illinois Senate Bill SB3229

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3229 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 SB3229 Introduced 2/6/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: 430 ILCS 100/20 new Amends the Illinois Emergency Planning and Community Right to Know Act. Provides that Local Emergency Planning Committees and the State Emergency Response Commission partner with schools and school districts regarding safety threats posed by storage and transport of hazardous substances near schools. Provides requirements for a comprehensive emergency response plan to go into effect. Details duties of the State Emergency Response Commission, working in consultation with Local Emergency Planning Committees and schools, with respect to planning and preparedness. Provides for rulemaking by the Illinois Emergency Management Agency and Office of Homeland Security. Directs the Illinois Emergency Response Commission and Local Emergency Response Committees to create a timeline for compliance with the requirements of the amendatory Act not to exceed 2 years. Defines terms. LRB103 38530 BDA 68666 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3229 Introduced 2/6/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: 430 ILCS 100/20 new 430 ILCS 100/20 new Amends the Illinois Emergency Planning and Community Right to Know Act. Provides that Local Emergency Planning Committees and the State Emergency Response Commission partner with schools and school districts regarding safety threats posed by storage and transport of hazardous substances near schools. Provides requirements for a comprehensive emergency response plan to go into effect. Details duties of the State Emergency Response Commission, working in consultation with Local Emergency Planning Committees and schools, with respect to planning and preparedness. Provides for rulemaking by the Illinois Emergency Management Agency and Office of Homeland Security. Directs the Illinois Emergency Response Commission and Local Emergency Response Committees to create a timeline for compliance with the requirements of the amendatory Act not to exceed 2 years. Defines terms. LRB103 38530 BDA 68666 b LRB103 38530 BDA 68666 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3229 Introduced 2/6/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
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55 Amends the Illinois Emergency Planning and Community Right to Know Act. Provides that Local Emergency Planning Committees and the State Emergency Response Commission partner with schools and school districts regarding safety threats posed by storage and transport of hazardous substances near schools. Provides requirements for a comprehensive emergency response plan to go into effect. Details duties of the State Emergency Response Commission, working in consultation with Local Emergency Planning Committees and schools, with respect to planning and preparedness. Provides for rulemaking by the Illinois Emergency Management Agency and Office of Homeland Security. Directs the Illinois Emergency Response Commission and Local Emergency Response Committees to create a timeline for compliance with the requirements of the amendatory Act not to exceed 2 years. Defines terms.
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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 Illinois Emergency Planning and Community
1515 5 Right to Know Act is amended by adding Section 20 as follows:
1616 6 (430 ILCS 100/20 new)
1717 7 Sec. 20. Release or explosion of hazardous substances;
1818 8 schools.
1919 9 (a) Not later than 60 days after the effective date of this
2020 10 amendatory Act of the 103rd General Assembly, the Illinois
2121 11 Emergency Response Commission, working with Local Emergency
2222 12 Response Committees, shall create a timeline to identify steps
2323 13 needed for compliance with the requirements of this Section
2424 14 within 2 years.
2525 15 (b) Local Emergency Planning Committees, in consultation
2626 16 with the SERC, shall partner with schools and school districts
2727 17 in their respective regions to:
2828 18 (1) disseminate to faculty, staff, and parents of
2929 19 students information concerning safety threats posed by
3030 20 the storage and transport of hazardous substances near
3131 21 schools, including, but not limited to, threats posed by
3232 22 hazardous substances that are transported near schools by
3333 23 high-hazard flammable trains; and
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3838 430 ILCS 100/20 new 430 ILCS 100/20 new
3939 430 ILCS 100/20 new
4040 Amends the Illinois Emergency Planning and Community Right to Know Act. Provides that Local Emergency Planning Committees and the State Emergency Response Commission partner with schools and school districts regarding safety threats posed by storage and transport of hazardous substances near schools. Provides requirements for a comprehensive emergency response plan to go into effect. Details duties of the State Emergency Response Commission, working in consultation with Local Emergency Planning Committees and schools, with respect to planning and preparedness. Provides for rulemaking by the Illinois Emergency Management Agency and Office of Homeland Security. Directs the Illinois Emergency Response Commission and Local Emergency Response Committees to create a timeline for compliance with the requirements of the amendatory Act not to exceed 2 years. Defines terms.
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6868 1 (2) develop and implement comprehensive emergency
6969 2 response plans that include a 4-corner evacuation plan in
7070 3 the directions of north, south, east, and west with a
7171 4 means for determining wind direction during incidents
7272 5 involving the storage and transport of hazardous
7373 6 substances and security-sensitive materials near schools,
7474 7 including, but not limited to, hazardous substances and
7575 8 security-sensitive materials transported by high-hazard
7676 9 flammable trains.
7777 10 (c) Before any comprehensive emergency response plan may
7878 11 go into effect, teachers and administrators of schools and
7979 12 school districts within a Local Emergency Planning Committee's
8080 13 region must be given the opportunity to provide input on the
8181 14 comprehensive emergency response plan, and the Local Emergency
8282 15 Planning Committee shall take that input into consideration. A
8383 16 comprehensive emergency response plan may vary based on the
8484 17 potential impact of the release or explosion of different
8585 18 hazardous substances and security-sensitive materials. Each
8686 19 Local Emergency Planning Committee must have a team with
8787 20 certified and trained personnel who can integrate the Incident
8888 21 Command System required under paragraph (14) of subsection (d)
8989 22 into the comprehensive emergency response plan. These teams
9090 23 may include, but are not limited to, persons employed by
9191 24 public works departments, transportation departments,
9292 25 hospitals, heavy equipment contractors, food distributors, and
9393 26 other such organizations.
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104104 1 (d) The SERC, in consultation with Local Emergency
105105 2 Planning Committees and schools, shall:
106106 3 (1) identify worst-case and most likely-case scenarios
107107 4 that are to be communicated to both administrators and
108108 5 teachers of any school district that is within the region
109109 6 of a Local Emergency Planning Committee;
110110 7 (2) identify routes and safety zones indicated in the
111111 8 4-corner evacuation plan in the general directions of
112112 9 north, south, east, and west, which shall be visibly
113113 10 marked and communicated to administrators, teachers, and
114114 11 school personnel with information on routes to take and
115115 12 locations where students can seek shelter;
116116 13 (3) identify and communicate to both administrators
117117 14 and teachers specific types of hazardous substances that
118118 15 can negatively impact a school;
119119 16 (4) include drills as a component of comprehensive
120120 17 emergency response plans that administrators, teachers,
121121 18 and students must be given opportunities to practice and
122122 19 that shall be reviewed by the SERC within 3 years after the
123123 20 effective date of this amendatory Act of the 103rd General
124124 21 Assembly to find opportunities for improvement to better
125125 22 protect students, teachers, administrators, and any other
126126 23 school personnel;
127127 24 (5) develop comprehensive emergency response plans for
128128 25 students with special needs or who have an Individualized
129129 26 Education Program or a plan developed under Section 504 of
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140140 1 the federal Rehabilitation Act of 1973;
141141 2 (6) develop comprehensive emergency response plans
142142 3 that include medication distribution for students and
143143 4 school personnel with medical needs;
144144 5 (7) communicate evacuation locations and procedures to
145145 6 parents of students;
146146 7 (8) create a hierarchy for communication to ensure
147147 8 that administrators, teachers, parents, and students know
148148 9 where and how to access relevant information during the
149149 10 implementation of a comprehensive emergency response plan;
150150 11 (9) identify and visibly mark, by means that may
151151 12 include, but are not limited to, signs, stickers on doors,
152152 13 or the like, (i) potential areas that may be impacted by
153153 14 the release or explosion of a hazardous substance or
154154 15 security-sensitive material and (ii) safety zones;
155155 16 (10) provide information to school districts for the
156156 17 communication to students and their parents, during
157157 18 student registration, of potential areas that may be
158158 19 impacted by the release or explosion of a hazardous
159159 20 substance, updated as necessary for each new school year;
160160 21 (11) create model rules requiring disclosure, prior to
161161 22 the sale of a home, that the home is located within a
162162 23 potential area that may be impacted by the release or
163163 24 explosion of a hazardous substance, based upon or similar
164164 25 to requirements that water damage must be communicated
165165 26 prior to the sale of a home;
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176176 1 (12) restrict new construction of public schools to
177177 2 locations outside a 5-mile radius of existing and planned
178178 3 railroad infrastructure where hazardous substances and
179179 4 security-sensitive materials are stored or transported;
180180 5 (13) work in collaboration with the Illinois Commerce
181181 6 Commission to create a reduced speed zone for high-hazard
182182 7 flammable trains that shall impose a speed limit of 20
183183 8 miles per hour for trains transporting hazardous
184184 9 substances and security-sensitive materials, including
185185 10 high-hazard flammable trains, and require the posting of
186186 11 signage representing the reduced speed zone, in an area
187187 12 (i) beginning within a radius that can negatively impact a
188188 13 school during the approach of a train carrying hazardous
189189 14 substances and security-sensitive materials, including
190190 15 high-hazard flammable trains, and (ii) extending within a
191191 16 radius that can negatively impact a school during the
192192 17 movement away from it of a train carrying hazardous
193193 18 substances and security-sensitive materials, including
194194 19 high-hazard flammable trains; and
195195 20 (14) implement an Incident Command System as a
196196 21 mandatory process to channel communication during the
197197 22 release or explosion of a hazardous substance or
198198 23 security-sensitive material and that shall govern the
199199 24 command, control, and coordination of a comprehensive
200200 25 emergency response plan's implementation during the
201201 26 release or explosion of a hazardous substance or
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212212 1 security-sensitive material, specific to the needs of each
213213 2 school within the Local Emergency Planning Committee's
214214 3 region.
215215 4 (e) The Illinois Emergency Management Agency and Office of
216216 5 Homeland Security shall adopt any rules necessary to implement
217217 6 the provisions of this Section, but only after consulting with
218218 7 the State Board of Education on the rules to be adopted.
219219 8 (f) In this Section:
220220 9 "Comprehensive emergency response plan" means a set of
221221 10 strategic and operational documents that define principles and
222222 11 priorities, assign roles and responsibilities, and direct
223223 12 action in all phases of emergency management. The purpose of a
224224 13 comprehensive emergency response plan is to document emergency
225225 14 planning specifically related to schools, school personnel,
226226 15 and students that may potentially be impacted by the release
227227 16 or explosion of a hazardous substance or security-sensitive
228228 17 material resulting from its storage or transport. The
229229 18 comprehensive emergency response plan may include, but shall
230230 19 not be limited to:
231231 20 (1) a regularly updated list of schools located within
232232 21 each Local Emergency Planning Committee region that may
233233 22 potentially be impacted from a release or explosion
234234 23 resulting from the storage or transport of a hazardous
235235 24 substance or security-sensitive material;
236236 25 (2) methods and procedures to be followed by school
237237 26 personnel and local emergency and medical personnel in
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248248 1 response to the release or explosion of a hazardous
249249 2 substance or security-sensitive material;
250250 3 (3) the designation of roles needed within the
251251 4 region's Incident Command System;
252252 5 (4) the identification of procedures that provide
253253 6 reliable, effective, and timely notification to persons
254254 7 designated in the comprehensive emergency response plan
255255 8 and to the public that the release or explosion of a
256256 9 hazardous substance or security-sensitive material has
257257 10 occurred;
258258 11 (5) the methods used for determining whether the
259259 12 release or explosion of a hazardous substance or
260260 13 security-sensitive material has occurred and any school
261261 14 that will likely be negatively impacted by the release or
262262 15 explosion;
263263 16 (6) descriptions of emergency equipment in the region,
264264 17 each school and relevant emergency facility in the region,
265265 18 and emergency equipment located at each school and
266266 19 relevant emergency facility in the region and the
267267 20 identification of persons responsible for the equipment
268268 21 and each school and relevant emergency facility;
269269 22 (7) evacuation plans, including provisions for a
270270 23 precautionary evacuation, alternative traffic routes, and
271271 24 means for determining wind direction;
272272 25 (8) training programs, including schedules for
273273 26 emergency response and medical personnel; and
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284284 1 (9) methods and schedules for drills to exercise the
285285 2 comprehensive emergency response plan.
286286 3 "Drill" means an exercise for students and school
287287 4 personnel to routinely review and practice emergency
288288 5 organization and procedures and to identify necessary
289289 6 facilities, equipment, routes, and safety zones in the event
290290 7 of the release or explosion of a hazardous substance or
291291 8 security-sensitive material.
292292 9 "Hazardous substance" means a substance transported or
293293 10 stored in a cumulative total of quantities greater than its
294294 11 corresponding threshold planning quantity and is considered
295295 12 severely harmful to human health and the environment, as
296296 13 defined by the United States Environmental Protection Agency
297297 14 under the federal Comprehensive Environmental Response,
298298 15 Compensation, and Liability Act. "Hazardous substance" may
299299 16 include, but is not limited to, any product's, substance's, or
300300 17 waste's presence, use, manufacture, disposal, transportation,
301301 18 or release, either by itself or in combination with other
302302 19 materials, that is:
303303 20 (1) potentially injurious to the public health,
304304 21 safety, or welfare, the environment, or a school;
305305 22 (2) regulated or monitored by any governmental
306306 23 authority; or
307307 24 (3) a basis for potential liability of a school to any
308308 25 governmental agency or third party under any applicable
309309 26 statute or common law theory.
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320320 1 "Hazardous substance" includes, but is not limited to,
321321 2 radioactive materials, hydrocarbons, petroleum, gasoline, and
322322 3 crude oil or any products, by-products, or fractions thereof.
323323 4 "Security-sensitive materials" means materials within
324324 5 hazardous proximity to schools that, as defined by the
325325 6 Secretary of Homeland Security in consultation with the
326326 7 Secretary of Transportation and determined through rulemaking
327327 8 with opportunity for public comment, pose a significant risk
328328 9 to national security while being transported or stored in
329329 10 commerce due to the potential use of the material in an act of
330330 11 terrorism.
331331 12 "High-hazard flammable train" means any single train
332332 13 transporting 20 or more loaded tank cars of a Class 3 flammable
333333 14 liquid in a continuous block or any single train carrying 35 or
334334 15 more loaded tank cars of a Class 3 flammable liquid throughout
335335 16 the train.
336336 17 "Route" means an established, plainly marked, and visible,
337337 18 at all times, transition area for students, school personnel,
338338 19 and other persons to move either on foot or by means of
339339 20 appropriate transportation from an area contaminated by the
340340 21 release or explosion of a hazardous substance to a safety
341341 22 zone.
342342 23 "Safety zone" means an established, plainly marked, and
343343 24 visible, at all times, area that is free from actual or
344344 25 potential contamination resulting from the release or
345345 26 explosion of a hazardous substance and that may be safely used
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