IL
Illinois Senate Bill SB1794

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1794 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 SB1794 Introduced 2/5/2025, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: 415 ILCS 5/4 from Ch. 111 1/2, par. 1004 Amends the Environmental Protection Act. Directs the Environmental Protection Agency to establish an enhanced statewide environmental monitoring program for the purpose of protecting communities in the State, including especially environmental justice communities, from the threats to human health caused by pollution of the State's land and waters. LRB104 09348 BDA 19406 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1794 Introduced 2/5/2025, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: 415 ILCS 5/4 from Ch. 111 1/2, par. 1004 415 ILCS 5/4 from Ch. 111 1/2, par. 1004 Amends the Environmental Protection Act. Directs the Environmental Protection Agency to establish an enhanced statewide environmental monitoring program for the purpose of protecting communities in the State, including especially environmental justice communities, from the threats to human health caused by pollution of the State's land and waters. LRB104 09348 BDA 19406 b LRB104 09348 BDA 19406 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1794 Introduced 2/5/2025, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
33 415 ILCS 5/4 from Ch. 111 1/2, par. 1004 415 ILCS 5/4 from Ch. 111 1/2, par. 1004
44 415 ILCS 5/4 from Ch. 111 1/2, par. 1004
55 Amends the Environmental Protection Act. Directs the Environmental Protection Agency to establish an enhanced statewide environmental monitoring program for the purpose of protecting communities in the State, including especially environmental justice communities, from the threats to human health caused by pollution of the State's land and waters.
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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 changing Section 4 as follows:
1616 6 (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
1717 7 Sec. 4. Environmental Protection Agency; establishment;
1818 8 duties.
1919 9 (a) There is established in the Executive Branch of the
2020 10 State Government an agency to be known as the Environmental
2121 11 Protection Agency. This Agency shall be under the supervision
2222 12 and direction of a Director who shall be appointed by the
2323 13 Governor with the advice and consent of the Senate. The term of
2424 14 office of the Director shall expire on the third Monday of
2525 15 January in odd numbered years, provided that he or she shall
2626 16 hold office until a successor is appointed and has qualified.
2727 17 For terms beginning after January 18, 2019 (the effective date
2828 18 of Public Act 100-1179) and before January 16, 2023, the
2929 19 Director's annual salary shall be an amount equal to 15% more
3030 20 than the Director's annual salary as of December 31, 2018. The
3131 21 calculation of the 2018 salary base for this adjustment shall
3232 22 not include any cost of living adjustments, as authorized by
3333 23 Senate Joint Resolution 192 of the 86th General Assembly, for
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1794 Introduced 2/5/2025, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
3838 415 ILCS 5/4 from Ch. 111 1/2, par. 1004 415 ILCS 5/4 from Ch. 111 1/2, par. 1004
3939 415 ILCS 5/4 from Ch. 111 1/2, par. 1004
4040 Amends the Environmental Protection Act. Directs the Environmental Protection Agency to establish an enhanced statewide environmental monitoring program for the purpose of protecting communities in the State, including especially environmental justice communities, from the threats to human health caused by pollution of the State's land and waters.
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6868 1 the period beginning July 1, 2009 to June 30, 2019. Beginning
6969 2 July 1, 2019 and each July 1 thereafter, the Director shall
7070 3 receive an increase in salary based on a cost of living
7171 4 adjustment as authorized by Senate Joint Resolution 192 of the
7272 5 86th General Assembly. Notwithstanding any other provision of
7373 6 law, for terms beginning on or after January 16, 2023, the
7474 7 Director shall receive an annual salary of $180,000 or as set
7575 8 by the Governor, whichever is higher. On July 1, 2023, and on
7676 9 each July 1 thereafter, the Director shall receive an increase
7777 10 in salary based on a cost of living adjustment as authorized by
7878 11 Senate Joint Resolution 192 of the 86th General Assembly. The
7979 12 Director, in accord with the Personnel Code, shall employ and
8080 13 direct such personnel, and shall provide for such laboratory
8181 14 and other facilities, as may be necessary to carry out the
8282 15 purposes of this Act. In addition, the Director may by
8383 16 agreement secure such services as he or she may deem necessary
8484 17 from any other department, agency, or unit of the State
8585 18 Government, and may employ and compensate such consultants and
8686 19 technical assistants as may be required.
8787 20 (b) The Agency shall have the duty to collect and
8888 21 disseminate such information, acquire such technical data, and
8989 22 conduct such experiments as may be required to carry out the
9090 23 purposes of this Act, including ascertainment of the quantity
9191 24 and nature of discharges from any contaminant source and data
9292 25 on those sources, and to operate and arrange for the operation
9393 26 of devices for the monitoring of environmental quality.
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104104 1 (c) The Agency shall have authority to conduct a program
105105 2 of continuing surveillance and of regular or periodic
106106 3 inspection of actual or potential contaminant or noise
107107 4 sources, of public water supplies, and of refuse disposal
108108 5 sites.
109109 6 (d) In accordance with constitutional limitations, the
110110 7 Agency shall have authority to enter at all reasonable times
111111 8 upon any private or public property for the purpose of:
112112 9 (1) Inspecting and investigating to ascertain possible
113113 10 violations of this Act, any rule or regulation adopted
114114 11 under this Act, any permit or term or condition of a
115115 12 permit, or any Board order; or
116116 13 (2) In accordance with the provisions of this Act,
117117 14 taking whatever preventive or corrective action, including
118118 15 but not limited to removal or remedial action, that is
119119 16 necessary or appropriate whenever there is a release or a
120120 17 substantial threat of a release of (A) a hazardous
121121 18 substance or pesticide or (B) petroleum from an
122122 19 underground storage tank.
123123 20 (e) The Agency shall have the duty to investigate
124124 21 violations of this Act, any rule or regulation adopted under
125125 22 this Act, any permit or term or condition of a permit, or any
126126 23 Board order; to issue administrative citations as provided in
127127 24 Section 31.1 of this Act; and to take such summary enforcement
128128 25 action as is provided for by Section 34 of this Act.
129129 26 (f) The Agency shall appear before the Board in any
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140140 1 hearing upon a petition for variance or time-limited water
141141 2 quality standard, the denial of a permit, or the validity or
142142 3 effect of a rule or regulation of the Board, and shall have the
143143 4 authority to appear before the Board in any hearing under the
144144 5 Act.
145145 6 (g) The Agency shall have the duty to administer, in
146146 7 accord with Title X of this Act, such permit and certification
147147 8 systems as may be established by this Act or by regulations
148148 9 adopted thereunder. The Agency may enter into written
149149 10 delegation agreements with any department, agency, or unit of
150150 11 State or local government under which all or portions of this
151151 12 duty may be delegated for public water supply storage and
152152 13 transport systems, sewage collection and transport systems,
153153 14 air pollution control sources with uncontrolled emissions of
154154 15 100 tons per year or less and application of algicides to
155155 16 waters of the State. Such delegation agreements will require
156156 17 that the work to be performed thereunder will be in accordance
157157 18 with Agency criteria, subject to Agency review, and shall
158158 19 include such financial and program auditing by the Agency as
159159 20 may be required.
160160 21 (h) The Agency shall have authority to require the
161161 22 submission of complete plans and specifications from any
162162 23 applicant for a permit required by this Act or by regulations
163163 24 thereunder, and to require the submission of such reports
164164 25 regarding actual or potential violations of this Act, any rule
165165 26 or regulation adopted under this Act, any permit or term or
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176176 1 condition of a permit, or any Board order, as may be necessary
177177 2 for the purposes of this Act.
178178 3 (i) The Agency shall have authority to make
179179 4 recommendations to the Board for the adoption of regulations
180180 5 under Title VII of the Act.
181181 6 (j) The Agency shall have the duty to represent the State
182182 7 of Illinois in any and all matters pertaining to plans,
183183 8 procedures, or negotiations for interstate compacts or other
184184 9 governmental arrangements relating to environmental
185185 10 protection.
186186 11 (k) The Agency shall have the authority to accept,
187187 12 receive, and administer on behalf of the State any grants,
188188 13 gifts, loans, indirect cost reimbursements, or other funds
189189 14 made available to the State from any source for purposes of
190190 15 this Act or for air or water pollution control, public water
191191 16 supply, solid waste disposal, noise abatement, or other
192192 17 environmental protection activities, surveys, or programs. Any
193193 18 federal funds received by the Agency pursuant to this
194194 19 subsection shall be deposited in a trust fund with the State
195195 20 Treasurer and held and disbursed by him in accordance with
196196 21 Treasurer as Custodian of Funds Act, provided that such monies
197197 22 shall be used only for the purposes for which they are
198198 23 contributed and any balance remaining shall be returned to the
199199 24 contributor.
200200 25 The Agency is authorized to promulgate such regulations
201201 26 and enter into such contracts as it may deem necessary for
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212212 1 carrying out the provisions of this subsection.
213213 2 (l) The Agency is hereby designated as water pollution
214214 3 agency for the state for all purposes of the Federal Water
215215 4 Pollution Control Act, as amended; as implementing agency for
216216 5 the State for all purposes of the Safe Drinking Water Act,
217217 6 Public Law 93-523, as now or hereafter amended, except Section
218218 7 1425 of that Act; as air pollution agency for the state for all
219219 8 purposes of the Clean Air Act of 1970, Public Law 91-604,
220220 9 approved December 31, 1970, as amended; and as solid waste
221221 10 agency for the state for all purposes of the Solid Waste
222222 11 Disposal Act, Public Law 89-272, approved October 20, 1965,
223223 12 and amended by the Resource Recovery Act of 1970, Public Law
224224 13 91-512, approved October 26, 1970, as amended, and amended by
225225 14 the Resource Conservation and Recovery Act of 1976, (P.L.
226226 15 94-580) approved October 21, 1976, as amended; as noise
227227 16 control agency for the state for all purposes of the Noise
228228 17 Control Act of 1972, Public Law 92-574, approved October 27,
229229 18 1972, as amended; and as implementing agency for the State for
230230 19 all purposes of the Comprehensive Environmental Response,
231231 20 Compensation, and Liability Act of 1980 (P.L. 96-510), as
232232 21 amended; and otherwise as pollution control agency for the
233233 22 State pursuant to federal laws integrated with the foregoing
234234 23 laws, for financing purposes or otherwise. The Agency is
235235 24 hereby authorized to take all action necessary or appropriate
236236 25 to secure to the State the benefits of such federal Acts,
237237 26 provided that the Agency shall transmit to the United States
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248248 1 without change any standards adopted by the Pollution Control
249249 2 Board pursuant to Section 5(c) of this Act. This subsection
250250 3 (l) of Section 4 shall not be construed to bar or prohibit the
251251 4 Environmental Protection Trust Fund Commission from accepting,
252252 5 receiving, and administering on behalf of the State any
253253 6 grants, gifts, loans or other funds for which the Commission
254254 7 is eligible pursuant to the Environmental Protection Trust
255255 8 Fund Act. The Agency is hereby designated as the State agency
256256 9 for all purposes of administering the requirements of Section
257257 10 313 of the federal Emergency Planning and Community
258258 11 Right-to-Know Act of 1986.
259259 12 Any municipality, sanitary district, or other political
260260 13 subdivision, or any Agency of the State or interstate Agency,
261261 14 which makes application for loans or grants under such federal
262262 15 Acts shall notify the Agency of such application; the Agency
263263 16 may participate in proceedings under such federal Acts.
264264 17 (m) The Agency shall have authority, consistent with
265265 18 Section 5(c) and other provisions of this Act, and for
266266 19 purposes of Section 303(e) of the Federal Water Pollution
267267 20 Control Act, as now or hereafter amended, to engage in
268268 21 planning processes and activities and to develop plans in
269269 22 cooperation with units of local government, state agencies and
270270 23 officers, and other appropriate persons in connection with the
271271 24 jurisdiction or duties of each such unit, agency, officer or
272272 25 person. Public hearings shall be held on the planning process,
273273 26 at which any person shall be permitted to appear and be heard,
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284284 1 pursuant to procedural regulations promulgated by the Agency.
285285 2 (n) In accordance with the powers conferred upon the
286286 3 Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act,
287287 4 the Agency shall have authority to establish and enforce
288288 5 minimum standards for the operation of laboratories relating
289289 6 to analyses and laboratory tests for air pollution, water
290290 7 pollution, noise emissions, contaminant discharges onto land
291291 8 and sanitary, chemical, and mineral quality of water
292292 9 distributed by a public water supply. The Agency may enter
293293 10 into formal working agreements with other departments or
294294 11 agencies of state government under which all or portions of
295295 12 this authority may be delegated to the cooperating department
296296 13 or agency.
297297 14 (o) The Agency shall have the authority to issue
298298 15 certificates of competency to persons and laboratories meeting
299299 16 the minimum standards established by the Agency in accordance
300300 17 with Section 4(n) of this Act and to promulgate and enforce
301301 18 regulations relevant to the issuance and use of such
302302 19 certificates. The Agency may enter into formal working
303303 20 agreements with other departments or agencies of state
304304 21 government under which all or portions of this authority may
305305 22 be delegated to the cooperating department or agency.
306306 23 (p) Except as provided in Section 17.7, the Agency shall
307307 24 have the duty to analyze samples as required from each public
308308 25 water supply to determine compliance with the contaminant
309309 26 levels specified by the Pollution Control Board. The maximum
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320320 1 number of samples which the Agency shall be required to
321321 2 analyze for microbiological quality shall be 6 per month, but
322322 3 the Agency may, at its option, analyze a larger number each
323323 4 month for any supply. Results of sample analyses for
324324 5 additional required bacteriological testing, turbidity,
325325 6 residual chlorine and radionuclides are to be provided to the
326326 7 Agency in accordance with Section 19. Owners of water supplies
327327 8 may enter into agreements with the Agency to provide for
328328 9 reduced Agency participation in sample analyses.
329329 10 (q) The Agency shall have the authority to provide notice
330330 11 to any person who may be liable pursuant to Section 22.2(f) of
331331 12 this Act for a release or a substantial threat of a release of
332332 13 a hazardous substance or pesticide. Such notice shall include
333333 14 the identified response action and an opportunity for such
334334 15 person to perform the response action.
335335 16 (r) The Agency may enter into written delegation
336336 17 agreements with any unit of local government under which it
337337 18 may delegate all or portions of its inspecting, investigating
338338 19 and enforcement functions. Such delegation agreements shall
339339 20 require that work performed thereunder be in accordance with
340340 21 Agency criteria and subject to Agency review. Notwithstanding
341341 22 any other provision of law to the contrary, no unit of local
342342 23 government shall be liable for any injury resulting from the
343343 24 exercise of its authority pursuant to such a delegation
344344 25 agreement unless the injury is proximately caused by the
345345 26 willful and wanton negligence of an agent or employee of the
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356356 1 unit of local government, and any policy of insurance coverage
357357 2 issued to a unit of local government may provide for the denial
358358 3 of liability and the nonpayment of claims based upon injuries
359359 4 for which the unit of local government is not liable pursuant
360360 5 to this subsection (r).
361361 6 (s) The Agency shall have authority to take whatever
362362 7 preventive or corrective action is necessary or appropriate,
363363 8 including but not limited to expenditure of monies
364364 9 appropriated from the Build Illinois Bond Fund for removal or
365365 10 remedial action, whenever any hazardous substance or pesticide
366366 11 is released or there is a substantial threat of such a release
367367 12 into the environment. The State, the Director, and any State
368368 13 employee shall be indemnified for any damages or injury
369369 14 arising out of or resulting from any action taken under this
370370 15 subsection. The Director of the Agency is authorized to enter
371371 16 into such contracts and agreements as are necessary to carry
372372 17 out the Agency's duties under this subsection.
373373 18 (t) The Agency shall have authority to distribute grants,
374374 19 subject to appropriation by the General Assembly, to units of
375375 20 local government for financing and construction of wastewater
376376 21 facilities in both incorporated and unincorporated areas. With
377377 22 respect to all monies appropriated from the Build Illinois
378378 23 Bond Fund for wastewater facility grants, the Agency shall
379379 24 make distributions in conformity with the rules and
380380 25 regulations established pursuant to the Anti-Pollution Bond
381381 26 Act (now repealed) or the General Obligation Bond Act.
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392392 1 (u) Pursuant to the Illinois Administrative Procedure Act,
393393 2 the Agency shall have the authority to adopt such rules as are
394394 3 necessary or appropriate for the Agency to implement Section
395395 4 31.1 of this Act.
396396 5 (v) (Blank.)
397397 6 (w) Neither the State, nor the Director, nor the Board,
398398 7 nor any State employee shall be liable for any damages or
399399 8 injury arising out of or resulting from any action taken under
400400 9 subsection (s).
401401 10 (x)(1) The Agency shall have authority to distribute
402402 11 grants, subject to appropriation by the General Assembly, to
403403 12 units of local government for financing and construction of
404404 13 public water supply facilities. With respect to all monies
405405 14 appropriated from the Build Illinois Bond Fund for public
406406 15 water supply grants, such grants shall be made in accordance
407407 16 with rules promulgated by the Agency. Such rules shall include
408408 17 a requirement for a local match of 30% of the total project
409409 18 cost for projects funded through such grants.
410410 19 (2) The Agency shall not terminate a grant to a unit of
411411 20 local government for the financing and construction of public
412412 21 water supply facilities unless and until the Agency adopts
413413 22 rules that set forth precise and complete standards, pursuant
414414 23 to Section 5-20 of the Illinois Administrative Procedure Act,
415415 24 for the termination of such grants. The Agency shall not make
416416 25 determinations on whether specific grant conditions are
417417 26 necessary to ensure the integrity of a project or on whether
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428428 1 subagreements shall be awarded, with respect to grants for the
429429 2 financing and construction of public water supply facilities,
430430 3 unless and until the Agency adopts rules that set forth
431431 4 precise and complete standards, pursuant to Section 5-20 of
432432 5 the Illinois Administrative Procedure Act, for making such
433433 6 determinations. The Agency shall not issue a stop-work order
434434 7 in relation to such grants unless and until the Agency adopts
435435 8 precise and complete standards, pursuant to Section 5-20 of
436436 9 the Illinois Administrative Procedure Act, for determining
437437 10 whether to issue a stop-work order.
438438 11 (y) The Agency shall have authority to release any person
439439 12 from further responsibility for preventive or corrective
440440 13 action under this Act following successful completion of
441441 14 preventive or corrective action undertaken by such person upon
442442 15 written request by the person.
443443 16 (z) To the extent permitted by any applicable federal law
444444 17 or regulation, for all work performed for State construction
445445 18 projects which are funded in whole or in part by a capital
446446 19 infrastructure bill enacted by the 96th General Assembly by
447447 20 sums appropriated to the Environmental Protection Agency, at
448448 21 least 50% of the total labor hours must be performed by actual
449449 22 residents of the State of Illinois. For purposes of this
450450 23 subsection, "actual residents of the State of Illinois" means
451451 24 persons domiciled in the State of Illinois. The Department of
452452 25 Labor shall promulgate rules providing for the enforcement of
453453 26 this subsection.
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464464 1 (aa) The Agency may adopt rules requiring the electronic
465465 2 submission of any information required to be submitted to the
466466 3 Agency pursuant to any State or federal law or regulation or
467467 4 any court or Board order. Any rules adopted under this
468468 5 subsection (aa) must include, but are not limited to,
469469 6 identification of the information to be submitted
470470 7 electronically.
471471 8 (bb)(1) The Agency shall establish an enhanced statewide
472472 9 environmental monitoring program for the purpose of protecting
473473 10 communities in the State, including especially environmental
474474 11 justice communities, from the threats to human health caused
475475 12 by pollution of the State's land and waters.
476476 13 (2) As used in this subsection (bb):
477477 14 "Enhanced statewide environmental monitoring program"
478478 15 means a program through which the Agency identifies known and
479479 16 unknown risks to human health caused by pollution of the
480480 17 State's land and waters, which goes beyond basic environmental
481481 18 monitoring by incorporating more advanced technologies, data
482482 19 analysis methods, and sampling strategies to provide a more
483483 20 comprehensive and detailed picture of environmental
484484 21 conditions, with the goal of identifying potential issues
485485 22 earlier and taking proactive measures to address them.
486486 23 "Environmental justice community" means any geographic
487487 24 area within the State that is designated by the Illinois Power
488488 25 Agency as an environmental justice community or that is
489489 26 recognized as an R3 Area under the Cannabis Regulation and Tax
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