104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2419 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED: 415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2415 ILCS 5/40.1 from Ch. 111 1/2, par. 1040.1 Amends the Environmental Protection Act. Provides that, when determining whether certain local siting review criteria have been met, the county board of the county or the governing body of the municipality, as applicable, shall consider, among other things, vehicle emissions and the potential cumulative impacts created by the addition of the facility to the existing pollution sources, the disparate impacts created by the addition of the facility to existing pollution sources, and the potential disparate impacts on nearby communities. Requires the local siting decisions of the Pollution Control Board to include a written statement describing whether the procedures were conducted by the county board or governing body in a manner that is accessible to the public, including individuals with disabilities and individuals who are not native speakers of English. LRB104 09346 BDA 19404 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2419 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED: 415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2415 ILCS 5/40.1 from Ch. 111 1/2, par. 1040.1 415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2 415 ILCS 5/40.1 from Ch. 111 1/2, par. 1040.1 Amends the Environmental Protection Act. Provides that, when determining whether certain local siting review criteria have been met, the county board of the county or the governing body of the municipality, as applicable, shall consider, among other things, vehicle emissions and the potential cumulative impacts created by the addition of the facility to the existing pollution sources, the disparate impacts created by the addition of the facility to existing pollution sources, and the potential disparate impacts on nearby communities. Requires the local siting decisions of the Pollution Control Board to include a written statement describing whether the procedures were conducted by the county board or governing body in a manner that is accessible to the public, including individuals with disabilities and individuals who are not native speakers of English. LRB104 09346 BDA 19404 b LRB104 09346 BDA 19404 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2419 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED:
415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2415 ILCS 5/40.1 from Ch. 111 1/2, par. 1040.1 415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2 415 ILCS 5/40.1 from Ch. 111 1/2, par. 1040.1
415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2
415 ILCS 5/40.1 from Ch. 111 1/2, par. 1040.1
Amends the Environmental Protection Act. Provides that, when determining whether certain local siting review criteria have been met, the county board of the county or the governing body of the municipality, as applicable, shall consider, among other things, vehicle emissions and the potential cumulative impacts created by the addition of the facility to the existing pollution sources, the disparate impacts created by the addition of the facility to existing pollution sources, and the potential disparate impacts on nearby communities. Requires the local siting decisions of the Pollution Control Board to include a written statement describing whether the procedures were conducted by the county board or governing body in a manner that is accessible to the public, including individuals with disabilities and individuals who are not native speakers of English.
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A BILL FOR
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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended by
5 changing Section 39.2 and 40.1 as follows:
6 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
7 Sec. 39.2. Local siting review.
8 (a) The county board of the county or the governing body of
9 the municipality, as determined by paragraph (c) of Section 39
10 of this Act, shall approve or disapprove the request for local
11 siting approval for each pollution control facility which is
12 subject to such review. An applicant for local siting approval
13 shall submit sufficient details describing the proposed
14 facility and evidence to demonstrate compliance, and local
15 siting approval shall be granted only if the proposed facility
16 meets the following criteria:
17 (i) the facility is necessary to accommodate the waste
18 needs of the area it is intended to serve;
19 (ii) the facility is so designed, located and proposed
20 to be operated that the public health, safety and welfare
21 will be protected;
22 (iii) the facility is located so as to minimize
23 incompatibility with the character of the surrounding area
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2419 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED:
415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2415 ILCS 5/40.1 from Ch. 111 1/2, par. 1040.1 415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2 415 ILCS 5/40.1 from Ch. 111 1/2, par. 1040.1
415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2
415 ILCS 5/40.1 from Ch. 111 1/2, par. 1040.1
Amends the Environmental Protection Act. Provides that, when determining whether certain local siting review criteria have been met, the county board of the county or the governing body of the municipality, as applicable, shall consider, among other things, vehicle emissions and the potential cumulative impacts created by the addition of the facility to the existing pollution sources, the disparate impacts created by the addition of the facility to existing pollution sources, and the potential disparate impacts on nearby communities. Requires the local siting decisions of the Pollution Control Board to include a written statement describing whether the procedures were conducted by the county board or governing body in a manner that is accessible to the public, including individuals with disabilities and individuals who are not native speakers of English.
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A BILL FOR
415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2
415 ILCS 5/40.1 from Ch. 111 1/2, par. 1040.1
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1 and to minimize the effect on the value of the surrounding
2 property;
3 (iv) (A) for a facility other than a sanitary landfill
4 or waste disposal site, the facility is located outside
5 the boundary of the 100 year flood plain or the site is
6 flood-proofed; (B) for a facility that is a sanitary
7 landfill or waste disposal site, the facility is located
8 outside the boundary of the 100-year floodplain, or if the
9 facility is a facility described in subsection (b)(3) of
10 Section 22.19a, the site is flood-proofed;
11 (v) the plan of operations for the facility is
12 designed to minimize the danger to the surrounding area
13 from fire, spills, or other operational accidents;
14 (vi) the traffic patterns to or from the facility are
15 so designed as to minimize vehicle emissions and the
16 impact on existing traffic flows;
17 (vii) if the facility will be treating, storing or
18 disposing of hazardous waste, an emergency response plan
19 exists for the facility which includes notification,
20 containment and evacuation procedures to be used in case
21 of an accidental release;
22 (viii) if the facility is to be located in a county
23 where the county board has adopted a solid waste
24 management plan consistent with the planning requirements
25 of the Local Solid Waste Disposal Act or the Solid Waste
26 Planning and Recycling Act, the facility is consistent
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1 with that plan; for purposes of this criterion (viii), the
2 "solid waste management plan" means the plan that is in
3 effect as of the date the application for siting approval
4 is filed; and
5 (ix) if the facility will be located within a
6 regulated recharge area, any applicable requirements
7 specified by the Board for such areas have been met.
8 When determining whether the criteria described in item
9 (ii) have been met, the county board of the county or the
10 governing body of the municipality, as applicable, shall
11 consider the potential cumulative impacts created by the
12 addition of the facility to the existing pollution sources,
13 the disparate impacts created by the addition of the facility
14 to existing pollution sources, and the potential disparate
15 impacts on nearby communities.
16 The county board or the governing body of the municipality
17 may also consider as evidence the previous operating
18 experience and past record of convictions or admissions of
19 violations of the applicant (and any subsidiary or parent
20 corporation) in the field of solid waste management when
21 considering criteria (ii) and (v) under this Section.
22 If the facility is subject to the location restrictions in
23 Section 22.14 of this Act, compliance with that Section shall
24 be determined as of the date the application for siting
25 approval is filed.
26 (b) No later than 14 days before the date on which the
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1 county board or governing body of the municipality receives a
2 request for site approval, the applicant shall cause written
3 notice of such request to be served either in person or by
4 registered mail, return receipt requested, on the owners of
5 all property within the subject area not solely owned by the
6 applicant, and on the owners of all property within 250 feet in
7 each direction of the lot line of the subject property, said
8 owners being such persons or entities which appear from the
9 authentic tax records of the County in which such facility is
10 to be located; provided, that the number of all feet occupied
11 by all public roads, streets, alleys and other public ways
12 shall be excluded in computing the 250 feet requirement;
13 provided further, that in no event shall this requirement
14 exceed 400 feet, including public streets, alleys and other
15 public ways.
16 Such written notice shall also be served upon members of
17 the General Assembly from the legislative district in which
18 the proposed facility is located and shall be published in a
19 newspaper of general circulation published in the county in
20 which the site is located.
21 Such notice shall state the name and address of the
22 applicant, the location of the proposed site, the nature and
23 size of the development, the nature of the activity proposed,
24 the probable life of the proposed activity, the date when the
25 request for site approval will be submitted, and a description
26 of the right of persons to comment on such request as hereafter
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1 provided.
2 (c) An applicant shall file a copy of its request with the
3 county board of the county or the governing body of the
4 municipality in which the proposed site is located. The
5 request shall include (i) the substance of the applicant's
6 proposal and (ii) all documents, if any, submitted as of that
7 date to the Agency pertaining to the proposed facility, except
8 trade secrets as determined under Section 7.1 of this Act. All
9 such documents or other materials on file with the county
10 board or governing body of the municipality shall be made
11 available for public inspection at the office of the county
12 board or the governing body of the municipality and may be
13 copied upon payment of the actual cost of reproduction.
14 Any person may file written comment with the county board
15 or governing body of the municipality concerning the
16 appropriateness of the proposed site for its intended purpose.
17 The county board or governing body of the municipality shall
18 consider any comment received or postmarked not later than 30
19 days after the date of the last public hearing.
20 (d) At least one public hearing, at which an applicant
21 shall present at least one witness to testify subject to
22 cross-examination, is to be held by the county board or
23 governing body of the municipality no sooner than 90 days but
24 no later than 120 days after the date on which it received the
25 request for site approval. No later than 14 days prior to such
26 hearing, notice shall be published in a newspaper of general
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1 circulation published in the county of the proposed site, and
2 delivered by certified mail to all members of the General
3 Assembly from the district in which the proposed site is
4 located, to the governing authority of every municipality
5 contiguous to the proposed site or contiguous to the
6 municipality in which the proposed site is to be located, to
7 the county board of the county where the proposed site is to be
8 located, if the proposed site is located within the boundaries
9 of a municipality, and to the Agency. Members or
10 representatives of the governing authority of a municipality
11 contiguous to the proposed site or contiguous to the
12 municipality in which the proposed site is to be located and,
13 if the proposed site is located in a municipality, members or
14 representatives of the county board of a county in which the
15 proposed site is to be located may appear at and participate in
16 public hearings held pursuant to this Section. The public
17 hearing shall develop a record sufficient to form the basis of
18 appeal of the decision in accordance with Section 40.1 of this
19 Act. The fact that a member of the county board or governing
20 body of the municipality has publicly expressed an opinion on
21 an issue related to a site review proceeding shall not
22 preclude the member from taking part in the proceeding and
23 voting on the issue.
24 (e) Decisions of the county board or governing body of the
25 municipality are to be in writing, confirming a public hearing
26 was held with testimony from at least one witness presented by
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1 the applicant, specifying the reasons for the decision, such
2 reasons to be in conformance with subsection (a) of this
3 Section. In granting approval for a site the county board or
4 governing body of the municipality may impose such conditions
5 as may be reasonable and necessary to accomplish the purposes
6 of this Section and as are not inconsistent with regulations
7 promulgated by the Board. Such decision shall be available for
8 public inspection at the office of the county board or
9 governing body of the municipality and may be copied upon
10 payment of the actual cost of reproduction. If there is no
11 final action by the county board or governing body of the
12 municipality within 180 days after the date on which it
13 received the request for site approval, the applicant may deem
14 the request approved.
15 At the public hearing, at any time prior to completion by
16 the applicant of the presentation of the applicant's factual
17 evidence, testimony, and an opportunity for cross-examination
18 by the county board or governing body of the municipality and
19 any participants, the applicant may file not more than one
20 amended application upon payment of additional fees pursuant
21 to subsection (k); in which case the time limitation for final
22 action set forth in this subsection (e) shall be extended for
23 an additional period of 90 days.
24 If, prior to making a final local siting decision, a
25 county board or governing body of a municipality has
26 negotiated and entered into a host agreement with the local
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1 siting applicant, the terms and conditions of the host
2 agreement, whether written or oral, shall be disclosed and
3 made a part of the hearing record for that local siting
4 proceeding. In the case of an oral agreement, the disclosure
5 shall be made in the form of a written summary jointly prepared
6 and submitted by the county board or governing body of the
7 municipality and the siting applicant and shall describe the
8 terms and conditions of the oral agreement.
9 (e-5) Siting approval obtained pursuant to this Section is
10 transferable and may be transferred to a subsequent owner or
11 operator. In the event that siting approval has been
12 transferred to a subsequent owner or operator, that subsequent
13 owner or operator assumes and takes subject to any and all
14 conditions imposed upon the prior owner or operator by the
15 county board of the county or governing body of the
16 municipality pursuant to subsection (e). However, any such
17 conditions imposed pursuant to this Section may be modified by
18 agreement between the subsequent owner or operator and the
19 appropriate county board or governing body. Further, in the
20 event that siting approval obtained pursuant to this Section
21 has been transferred to a subsequent owner or operator, that
22 subsequent owner or operator assumes all rights and
23 obligations and takes the facility subject to any and all
24 terms and conditions of any existing host agreement between
25 the prior owner or operator and the appropriate county board
26 or governing body.
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1 (f) A local siting approval granted under this Section
2 shall expire at the end of 2 calendar years from the date upon
3 which it was granted, unless the local siting approval granted
4 under this Section is for a sanitary landfill operation, in
5 which case the approval shall expire at the end of 3 calendar
6 years from the date upon which it was granted, and unless
7 within that period the applicant has made application to the
8 Agency for a permit to develop the site. In the event that the
9 local siting decision has been appealed, such expiration
10 period shall be deemed to begin on the date upon which the
11 appeal process is concluded.
12 Except as otherwise provided in this subsection, upon the
13 expiration of a development permit under subsection (k) of
14 Section 39, any associated local siting approval granted for
15 the facility under this Section shall also expire.
16 If a first development permit for a municipal waste
17 incineration facility expires under subsection (k) of Section
18 39 after September 30, 1989 due to circumstances beyond the
19 control of the applicant, any associated local siting approval
20 granted for the facility under this Section may be used to
21 fulfill the local siting approval requirement upon application
22 for a second development permit for the same site, provided
23 that the proposal in the new application is materially the
24 same, with respect to the criteria in subsection (a) of this
25 Section, as the proposal that received the original siting
26 approval, and application for the second development permit is
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1 made before January 1, 1990.
2 (g) The siting approval procedures, criteria and appeal
3 procedures provided for in this Act for new pollution control
4 facilities shall be the exclusive siting procedures and rules
5 and appeal procedures for facilities subject to such
6 procedures. Local zoning or other local land use requirements
7 shall not be applicable to such siting decisions.
8 (h) Nothing in this Section shall apply to any existing or
9 new pollution control facility located within the corporate
10 limits of a municipality with a population of over 1,000,000.
11 (i) (Blank.)
12 The Board shall adopt regulations establishing the
13 geologic and hydrologic siting criteria necessary to protect
14 usable groundwater resources which are to be followed by the
15 Agency in its review of permit applications for new pollution
16 control facilities. Such regulations, insofar as they apply to
17 new pollution control facilities authorized to store, treat or
18 dispose of any hazardous waste, shall be at least as stringent
19 as the requirements of the Resource Conservation and Recovery
20 Act and any State or federal regulations adopted pursuant
21 thereto.
22 (j) Any new pollution control facility which has never
23 obtained local siting approval under the provisions of this
24 Section shall be required to obtain such approval after a
25 final decision on an appeal of a permit denial.
26 (k) A county board or governing body of a municipality may
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1 charge applicants for siting review under this Section a
2 reasonable fee to cover the reasonable and necessary costs
3 incurred by such county or municipality in the siting review
4 process.
5 (l) The governing Authority as determined by subsection
6 (c) of Section 39 of this Act may request the Department of
7 Transportation to perform traffic impact studies of proposed
8 or potential locations for required pollution control
9 facilities.
10 (m) An applicant may not file a request for local siting
11 approval which is substantially the same as a request which
12 was disapproved pursuant to a finding against the applicant
13 under any of criteria (i) through (ix) of subsection (a) of
14 this Section within the preceding 2 years.
15 (n) In any review proceeding of a decision of the county
16 board or governing body of a municipality made pursuant to the
17 local siting review process, the petitioner in the review
18 proceeding shall pay to the county or municipality the cost of
19 preparing and certifying the record of proceedings. Should the
20 petitioner in the review proceeding fail to make payment, the
21 provisions of Section 3-109 of the Code of Civil Procedure
22 shall apply.
23 In the event the petitioner is a citizens' group that
24 participated in the siting proceeding and is so located as to
25 be affected by the proposed facility, such petitioner shall be
26 exempt from paying the costs of preparing and certifying the
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1 record.
2 (o) Notwithstanding any other provision of this Section, a
3 transfer station used exclusively for landscape waste, where
4 landscape waste is held no longer than 24 hours from the time
5 it was received, is not subject to the requirements of local
6 siting approval under this Section, but is subject only to
7 local zoning approval.
8 (Source: P.A. 100-382, eff. 8-25-17.)
9 (415 ILCS 5/40.1) (from Ch. 111 1/2, par. 1040.1)
10 Sec. 40.1. Appeal of siting approval.
11 (a) If the county board or the governing body of the
12 municipality, as determined by paragraph (c) of Section 39 of
13 this Act, refuses to grant or grants with conditions approval
14 under Section 39.2 of this Act, the applicant may, within 35
15 days after the date on which the local siting authority
16 disapproved or conditionally approved siting, petition for a
17 hearing before the Board to contest the decision of the county
18 board or the governing body of the municipality. The Board
19 shall publish 21 day notice of the hearing on the appeal in a
20 newspaper of general circulation published in that county. The
21 county board or governing body of the municipality shall
22 appear as respondent in such hearing, and such hearing shall
23 be based exclusively on the record before the county board or
24 the governing body of the municipality. At such hearing the
25 rules prescribed in Sections 32 and 33 (a) of this Act shall
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1 apply, and the burden of proof shall be on the petitioner;
2 however, no new or additional evidence in support of or in
3 opposition to any finding, order, determination or decision of
4 the appropriate county board or governing body of the
5 municipality shall be heard by the Board. In making its orders
6 and determinations under this Section the Board shall include
7 in its consideration the written decision and reasons for the
8 decision of the county board or the governing body of the
9 municipality, the transcribed record of the hearing held
10 pursuant to subsection (d) of Section 39.2, and the
11 fundamental fairness of the procedures used by the county
12 board or the governing body of the municipality in reaching
13 its decision, including a written statement describing whether
14 the procedures were conducted by the county board or governing
15 body in a manner that is accessible to the public, including
16 individuals with disabilities and individuals who are not
17 native speakers of English. The Board shall transmit a copy of
18 its decision to the office of the county board or governing
19 body of the municipality where it shall be available for
20 public inspection and copied upon payment of the actual cost
21 of reproduction. If there is no final action by the Board
22 within 120 days after the date on which it received the
23 petition, the petitioner may deem the site location approved;
24 provided, however, that that period of 120 days shall not run
25 for any period of time, not to exceed 30 days, during which the
26 Board is without sufficient membership to constitute the
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1 quorum required by subsection (a) of Section 5 of this Act, and
2 provided further, that such 120 day period shall not be stayed
3 for lack of quorum beyond 30 days regardless of whether the
4 lack of quorum exists at the beginning of such 120 day period
5 or occurs during the running of such 120 day period.
6 (b) If the county board or the governing body of the
7 municipality as determined by paragraph (c) of Section 39 of
8 this Act, grants approval under Section 39.2 of this Act, a
9 third party other than the applicant who participated in the
10 public hearing conducted by the county board or governing body
11 of the municipality may, within 35 days after the date on which
12 the local siting authority granted siting approval, petition
13 the Board for a hearing to contest the approval of the county
14 board or the governing body of the municipality. Unless the
15 Board determines that such petition is duplicative or
16 frivolous, or that the petitioner is so located as to not be
17 affected by the proposed facility, the Board shall hear the
18 petition in accordance with the terms of subsection (a) of
19 this Section and its procedural rules governing denial
20 appeals, such hearing to be based exclusively on the record
21 before county board or the governing body of the municipality.
22 The burden of proof shall be on the petitioner. The county
23 board or the governing body of the municipality and the
24 applicant shall be named as co-respondents.
25 The Board shall transmit a copy of its decision to the
26 office of the county board or governing body of the
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