104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1686 Introduced 2/5/2025, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED: 415 ILCS 155/15 new Amends the Environmental Justice Act. Creates the Environmental Justice Public Participation Program. Establishes purpose and definitions. Creates the Office of Environmental Justice within the Environmental Protection Agency. Sets forth the duties of the Office. Provides that the requirements of the provisions apply to specified permitting actions within areas of environmental justice concern. Requires the Office to use environmental justice notifications to contact people located in areas of environmental justice concern, elected officials, and other interested parties to notify of a proposed permit action in that particular area of environmental justice concern. Provides that if an area is not designated as an area of environmental justice concern due to an error in the Agency's application of EJ Start, a resident of that area may make a request in writing to the Agency for reconsideration of the designation upon providing the Office census data that would otherwise demonstrate the area is an area of environmental justice concern or minority population greater than twice the statewide average. Provides that if an area is designated as an area of environmental justice concern due to an error in the Agency's application of EJ Start, a resident of that area may make a request in writing to the Agency for reconsideration of the designation upon providing the Office census data that would otherwise demonstrate that the area is not an area of environmental justice concern or minority population greater than twice the statewide average. Establishes requirements to apply to permitting transactions in areas of environmental justice concern. Requires the Agency to establish a grievance procedure. Requires the Agency to provide a report to the Commission on Environmental Justice annually regarding the status of all grievances made under the provisions. LRB104 12085 BDA 22183 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1686 Introduced 2/5/2025, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED: 415 ILCS 155/15 new 415 ILCS 155/15 new Amends the Environmental Justice Act. Creates the Environmental Justice Public Participation Program. Establishes purpose and definitions. Creates the Office of Environmental Justice within the Environmental Protection Agency. Sets forth the duties of the Office. Provides that the requirements of the provisions apply to specified permitting actions within areas of environmental justice concern. Requires the Office to use environmental justice notifications to contact people located in areas of environmental justice concern, elected officials, and other interested parties to notify of a proposed permit action in that particular area of environmental justice concern. Provides that if an area is not designated as an area of environmental justice concern due to an error in the Agency's application of EJ Start, a resident of that area may make a request in writing to the Agency for reconsideration of the designation upon providing the Office census data that would otherwise demonstrate the area is an area of environmental justice concern or minority population greater than twice the statewide average. Provides that if an area is designated as an area of environmental justice concern due to an error in the Agency's application of EJ Start, a resident of that area may make a request in writing to the Agency for reconsideration of the designation upon providing the Office census data that would otherwise demonstrate that the area is not an area of environmental justice concern or minority population greater than twice the statewide average. Establishes requirements to apply to permitting transactions in areas of environmental justice concern. Requires the Agency to establish a grievance procedure. Requires the Agency to provide a report to the Commission on Environmental Justice annually regarding the status of all grievances made under the provisions. LRB104 12085 BDA 22183 b LRB104 12085 BDA 22183 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1686 Introduced 2/5/2025, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:
415 ILCS 155/15 new 415 ILCS 155/15 new
415 ILCS 155/15 new
Amends the Environmental Justice Act. Creates the Environmental Justice Public Participation Program. Establishes purpose and definitions. Creates the Office of Environmental Justice within the Environmental Protection Agency. Sets forth the duties of the Office. Provides that the requirements of the provisions apply to specified permitting actions within areas of environmental justice concern. Requires the Office to use environmental justice notifications to contact people located in areas of environmental justice concern, elected officials, and other interested parties to notify of a proposed permit action in that particular area of environmental justice concern. Provides that if an area is not designated as an area of environmental justice concern due to an error in the Agency's application of EJ Start, a resident of that area may make a request in writing to the Agency for reconsideration of the designation upon providing the Office census data that would otherwise demonstrate the area is an area of environmental justice concern or minority population greater than twice the statewide average. Provides that if an area is designated as an area of environmental justice concern due to an error in the Agency's application of EJ Start, a resident of that area may make a request in writing to the Agency for reconsideration of the designation upon providing the Office census data that would otherwise demonstrate that the area is not an area of environmental justice concern or minority population greater than twice the statewide average. Establishes requirements to apply to permitting transactions in areas of environmental justice concern. Requires the Agency to establish a grievance procedure. Requires the Agency to provide a report to the Commission on Environmental Justice annually regarding the status of all grievances made under the provisions.
LRB104 12085 BDA 22183 b LRB104 12085 BDA 22183 b
LRB104 12085 BDA 22183 b
A BILL FOR
SB1686LRB104 12085 BDA 22183 b SB1686 LRB104 12085 BDA 22183 b
SB1686 LRB104 12085 BDA 22183 b
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 Justice Act is amended by
5 adding Section 15 as follows:
6 (415 ILCS 155/15 new)
7 Sec. 15. Environmental Justice Public Participation
8 Program.
9 (a) The purposes of the Environmental Justice Public
10 Participation Program include:
11 (1) ensuring that communities are not
12 disproportionately impacted by degradation of the
13 environment and do not receive less than an equitable
14 share of environmental protection and benefits; and
15 (2) strengthening the public's involvement in
16 environmental permitting.
17 (b) As used in this Section:
18 "Agency" means the Environmental Protection Agency.
19 "Area of environmental justice concern" means a census
20 block group or area within one mile of a census block group
21 that, in either case, has (i) an average household income that
22 is less than the poverty guidelines updated periodically in
23 the Federal Register by the U.S. Department of Health and
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1686 Introduced 2/5/2025, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:
415 ILCS 155/15 new 415 ILCS 155/15 new
415 ILCS 155/15 new
Amends the Environmental Justice Act. Creates the Environmental Justice Public Participation Program. Establishes purpose and definitions. Creates the Office of Environmental Justice within the Environmental Protection Agency. Sets forth the duties of the Office. Provides that the requirements of the provisions apply to specified permitting actions within areas of environmental justice concern. Requires the Office to use environmental justice notifications to contact people located in areas of environmental justice concern, elected officials, and other interested parties to notify of a proposed permit action in that particular area of environmental justice concern. Provides that if an area is not designated as an area of environmental justice concern due to an error in the Agency's application of EJ Start, a resident of that area may make a request in writing to the Agency for reconsideration of the designation upon providing the Office census data that would otherwise demonstrate the area is an area of environmental justice concern or minority population greater than twice the statewide average. Provides that if an area is designated as an area of environmental justice concern due to an error in the Agency's application of EJ Start, a resident of that area may make a request in writing to the Agency for reconsideration of the designation upon providing the Office census data that would otherwise demonstrate that the area is not an area of environmental justice concern or minority population greater than twice the statewide average. Establishes requirements to apply to permitting transactions in areas of environmental justice concern. Requires the Agency to establish a grievance procedure. Requires the Agency to provide a report to the Commission on Environmental Justice annually regarding the status of all grievances made under the provisions.
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A BILL FOR
415 ILCS 155/15 new
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1 Human Services under the authority of 42 U.S.C. 9902(2) or
2 (ii) a minority population that is greater than twice the
3 statewide average.
4 "EJ Start" means a geographic information system mapping
5 tool developed by the Agency for the purpose of identifying
6 census block groups and areas within one mile of census block
7 groups meeting the environmental justice demographic screening
8 criteria. EJ Start is the relevant environmental justice
9 mapping tool for the Agency's environmental public
10 participation and shall be updated with each federal decennial
11 census.
12 "Office of Environmental Justice" means the office within
13 the Agency that has the primary responsibility for
14 coordinating all environmental justice efforts set forth in
15 this Act.
16 (c) The Office of Environmental Justice shall:
17 (1) act as the liaison for the Agency on environmental
18 justice issues;
19 (2) conduct enhanced public outreach in areas of
20 environmental justice concern;
21 (3) respond to general inquiries concerning
22 environmental justice; and
23 (4) respond to public comments received on proposed
24 permitting actions raising environmental justice concerns.
25 (d) The requirements of this Section apply to the
26 following permitting actions within areas of environmental
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1 justice concern as documented on EJ Start:
2 (1) construction permits for new sources that would
3 require a Clean Air Act Permit Program (CAAPP) permit;
4 (2) construction permits for new sources that would
5 require a Federally Enforceable State Operating Permit
6 (FESOP);
7 (3) Nonattainment New Source Review permits, as
8 defined in Section 3.298 of the Environmental Protection
9 Act, for major modifications at existing sources; and
10 (4) Prevention of Significant Deterioration permits,
11 as defined in Section 3.363 of the Environmental
12 Protection Act, for major modifications at existing
13 sources.
14 (e) The Office of Environmental Justice shall use
15 environmental justice notifications to contact inhabitants in
16 areas of environmental justice concern, elected officials, and
17 other interested parties to provide notice of a proposed
18 permit action identified in paragraphs (1) through (4) of
19 subsection (d) in that particular area of environmental
20 justice concern. An environmental justice notification shall
21 include the following information:
22 (1) the facility name;
23 (2) the facility address;
24 (3) the Bureau identification number;
25 (4) the permit application reference number;
26 (5) a short summary of the proposed project;
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1 (6) public notice details of the permit if subject to
2 State or federal public notice requirements; and
3 (7) Environmental Justice Coordinator contact
4 information.
5 (f) If an area is not designated as an area of
6 environmental justice concern due to an error in the Agency's
7 application of EJ Start, a resident of that area may make a
8 request in writing to the Agency for reconsideration of the
9 designation upon providing the Office of Environmental Justice
10 census data that would otherwise demonstrate the area is an
11 area of environmental justice concern.
12 If an area is designated as an area of environmental
13 justice concern due to an error in the Agency's application of
14 EJ Start, a resident of that area may make a request in writing
15 to the Agency for reconsideration of the designation upon
16 providing the Office of Environmental Justice census data that
17 would otherwise demonstrate that the area is not an area of
18 environmental justice concern. Such requests for
19 reconsideration may also be made by a resident of that area in
20 writing to the Agency demonstrating that the designation may
21 negatively impact the area.
22 (g) The following requirements apply to permitting
23 transactions in areas of environmental justice concern:
24 (1) The permit application shall include an
25 Environmental Impact Analysis, which shall include the
26 following information:
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1 (A) air dispersion modeling examining the air
2 quality-related impacts from the proposed project in
3 combination with existing mobile and stationary air
4 emitting sources at the facility; and
5 (B) a quantitative analysis, based on the air
6 dispersion modeling, on the direct and indirect
7 impacts of the project on the community immediately
8 surrounding the facility.
9 (2) In addition to any other fees imposed under this
10 Act, a fee of $500 shall accompany the permit application.
11 (h) In compliance with 40 CFR Parts 5 and 7, the Agency
12 shall establish a grievance procedure to ensure prompt and
13 fair resolution of complaints alleging violations of Title VI,
14 Section 601 of the Civil Rights Act of 1964 or this Act.
15 (1) A person, or the authorized representative of a
16 person, who believes that he or she or a class of persons
17 has been discriminated against in violation of Title VI,
18 Section 601 of the Civil Rights Act of 1964 or this Act may
19 file a complaint with the Agency. The complaint shall:
20 (A) be in writing;
21 (B) be filed within 60 days of an alleged
22 violation of Title VI, Section 601 of the Civil Rights
23 Act of 1964 or this Act;
24 (C) describe with specificity the actions by the
25 Agency that allegedly result in discrimination in
26 violation of 40 CFR Parts 5 and 7;
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1 (D) describe with specificity the discrimination
2 that allegedly has occurred or will occur as the
3 result of such action;
4 (E) identify the parties impacted or potentially
5 impacted by the alleged discrimination; and
6 (F) be addressed to Environmental Protection
7 Agency.
8 (2) The Agency may waive the requirement in
9 subparagraph (B) of paragraph (1) in order to address at
10 the earliest appropriate and feasible juncture or for good
11 cause allegations of potential discrimination caused by
12 pending actions.
13 (3) Within 10 days of receiving a written complaint
14 under this subsection, the Agency shall provide the
15 complainant with written notice of receipt. At that time,
16 the Agency may request additional information needed to
17 complete the complaint. Within 10 days of receiving
18 additional information, the Agency shall provide the
19 complainant with written notice that the complaint is
20 complete.
21 (4) The Agency, based on the complaint, shall
22 determine if it has jurisdiction to pursue the matter and
23 whether the complaint has sufficient merit to warrant an
24 investigation. A complaint shall be regarded as meriting
25 investigation unless:
26 (A) on its face, the complaint appears frivolous
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