IL
Illinois Senate Bill SB1686

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1686 Compare Versions

Only one version of the bill is available at this time.
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11 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
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1686 Introduced 2/5/2025, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:
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55 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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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 Justice Act is amended by
1515 5 adding Section 15 as follows:
1616 6 (415 ILCS 155/15 new)
1717 7 Sec. 15. Environmental Justice Public Participation
1818 8 Program.
1919 9 (a) The purposes of the Environmental Justice Public
2020 10 Participation Program include:
2121 11 (1) ensuring that communities are not
2222 12 disproportionately impacted by degradation of the
2323 13 environment and do not receive less than an equitable
2424 14 share of environmental protection and benefits; and
2525 15 (2) strengthening the public's involvement in
2626 16 environmental permitting.
2727 17 (b) As used in this Section:
2828 18 "Agency" means the Environmental Protection Agency.
2929 19 "Area of environmental justice concern" means a census
3030 20 block group or area within one mile of a census block group
3131 21 that, in either case, has (i) an average household income that
3232 22 is less than the poverty guidelines updated periodically in
3333 23 the Federal Register by the U.S. Department of Health and
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4040 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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6868 1 Human Services under the authority of 42 U.S.C. 9902(2) or
6969 2 (ii) a minority population that is greater than twice the
7070 3 statewide average.
7171 4 "EJ Start" means a geographic information system mapping
7272 5 tool developed by the Agency for the purpose of identifying
7373 6 census block groups and areas within one mile of census block
7474 7 groups meeting the environmental justice demographic screening
7575 8 criteria. EJ Start is the relevant environmental justice
7676 9 mapping tool for the Agency's environmental public
7777 10 participation and shall be updated with each federal decennial
7878 11 census.
7979 12 "Office of Environmental Justice" means the office within
8080 13 the Agency that has the primary responsibility for
8181 14 coordinating all environmental justice efforts set forth in
8282 15 this Act.
8383 16 (c) The Office of Environmental Justice shall:
8484 17 (1) act as the liaison for the Agency on environmental
8585 18 justice issues;
8686 19 (2) conduct enhanced public outreach in areas of
8787 20 environmental justice concern;
8888 21 (3) respond to general inquiries concerning
8989 22 environmental justice; and
9090 23 (4) respond to public comments received on proposed
9191 24 permitting actions raising environmental justice concerns.
9292 25 (d) The requirements of this Section apply to the
9393 26 following permitting actions within areas of environmental
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104104 1 justice concern as documented on EJ Start:
105105 2 (1) construction permits for new sources that would
106106 3 require a Clean Air Act Permit Program (CAAPP) permit;
107107 4 (2) construction permits for new sources that would
108108 5 require a Federally Enforceable State Operating Permit
109109 6 (FESOP);
110110 7 (3) Nonattainment New Source Review permits, as
111111 8 defined in Section 3.298 of the Environmental Protection
112112 9 Act, for major modifications at existing sources; and
113113 10 (4) Prevention of Significant Deterioration permits,
114114 11 as defined in Section 3.363 of the Environmental
115115 12 Protection Act, for major modifications at existing
116116 13 sources.
117117 14 (e) The Office of Environmental Justice shall use
118118 15 environmental justice notifications to contact inhabitants in
119119 16 areas of environmental justice concern, elected officials, and
120120 17 other interested parties to provide notice of a proposed
121121 18 permit action identified in paragraphs (1) through (4) of
122122 19 subsection (d) in that particular area of environmental
123123 20 justice concern. An environmental justice notification shall
124124 21 include the following information:
125125 22 (1) the facility name;
126126 23 (2) the facility address;
127127 24 (3) the Bureau identification number;
128128 25 (4) the permit application reference number;
129129 26 (5) a short summary of the proposed project;
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140140 1 (6) public notice details of the permit if subject to
141141 2 State or federal public notice requirements; and
142142 3 (7) Environmental Justice Coordinator contact
143143 4 information.
144144 5 (f) If an area is not designated as an area of
145145 6 environmental justice concern due to an error in the Agency's
146146 7 application of EJ Start, a resident of that area may make a
147147 8 request in writing to the Agency for reconsideration of the
148148 9 designation upon providing the Office of Environmental Justice
149149 10 census data that would otherwise demonstrate the area is an
150150 11 area of environmental justice concern.
151151 12 If an area is designated as an area of environmental
152152 13 justice concern due to an error in the Agency's application of
153153 14 EJ Start, a resident of that area may make a request in writing
154154 15 to the Agency for reconsideration of the designation upon
155155 16 providing the Office of Environmental Justice census data that
156156 17 would otherwise demonstrate that the area is not an area of
157157 18 environmental justice concern. Such requests for
158158 19 reconsideration may also be made by a resident of that area in
159159 20 writing to the Agency demonstrating that the designation may
160160 21 negatively impact the area.
161161 22 (g) The following requirements apply to permitting
162162 23 transactions in areas of environmental justice concern:
163163 24 (1) The permit application shall include an
164164 25 Environmental Impact Analysis, which shall include the
165165 26 following information:
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176176 1 (A) air dispersion modeling examining the air
177177 2 quality-related impacts from the proposed project in
178178 3 combination with existing mobile and stationary air
179179 4 emitting sources at the facility; and
180180 5 (B) a quantitative analysis, based on the air
181181 6 dispersion modeling, on the direct and indirect
182182 7 impacts of the project on the community immediately
183183 8 surrounding the facility.
184184 9 (2) In addition to any other fees imposed under this
185185 10 Act, a fee of $500 shall accompany the permit application.
186186 11 (h) In compliance with 40 CFR Parts 5 and 7, the Agency
187187 12 shall establish a grievance procedure to ensure prompt and
188188 13 fair resolution of complaints alleging violations of Title VI,
189189 14 Section 601 of the Civil Rights Act of 1964 or this Act.
190190 15 (1) A person, or the authorized representative of a
191191 16 person, who believes that he or she or a class of persons
192192 17 has been discriminated against in violation of Title VI,
193193 18 Section 601 of the Civil Rights Act of 1964 or this Act may
194194 19 file a complaint with the Agency. The complaint shall:
195195 20 (A) be in writing;
196196 21 (B) be filed within 60 days of an alleged
197197 22 violation of Title VI, Section 601 of the Civil Rights
198198 23 Act of 1964 or this Act;
199199 24 (C) describe with specificity the actions by the
200200 25 Agency that allegedly result in discrimination in
201201 26 violation of 40 CFR Parts 5 and 7;
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212212 1 (D) describe with specificity the discrimination
213213 2 that allegedly has occurred or will occur as the
214214 3 result of such action;
215215 4 (E) identify the parties impacted or potentially
216216 5 impacted by the alleged discrimination; and
217217 6 (F) be addressed to Environmental Protection
218218 7 Agency.
219219 8 (2) The Agency may waive the requirement in
220220 9 subparagraph (B) of paragraph (1) in order to address at
221221 10 the earliest appropriate and feasible juncture or for good
222222 11 cause allegations of potential discrimination caused by
223223 12 pending actions.
224224 13 (3) Within 10 days of receiving a written complaint
225225 14 under this subsection, the Agency shall provide the
226226 15 complainant with written notice of receipt. At that time,
227227 16 the Agency may request additional information needed to
228228 17 complete the complaint. Within 10 days of receiving
229229 18 additional information, the Agency shall provide the
230230 19 complainant with written notice that the complaint is
231231 20 complete.
232232 21 (4) The Agency, based on the complaint, shall
233233 22 determine if it has jurisdiction to pursue the matter and
234234 23 whether the complaint has sufficient merit to warrant an
235235 24 investigation. A complaint shall be regarded as meriting
236236 25 investigation unless:
237237 26 (A) on its face, the complaint appears frivolous
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