Bill Amendment: IL SB1847 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: IEPA-NOTICE-NEW FACILITY

Status: 2019-08-16 - Public Act . . . . . . . . . 101-0422 [SB1847 Detail]

Download: Illinois-2019-SB1847-House_Amendment_001.html

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Rep. Theresa Mah

Filed: 5/6/2019

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AMENDMENT TO SENATE BILL 1847
AMENDMENT NO. ______. Amend Senate Bill 1847 by replacing
everything after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
adding Section 40.4 as follows:
(415 ILCS 5/40.4 new)
Sec. 40.4. Environmental justice program.
(a) The General Assembly finds that:
(1) possible adverse economic, social, and
environmental effects on environmental justice communities
relating to any permit or permit renewal should be fully
considered by the Agency prior to completing a draft
permit; and
(2) the Agency's final decision on the permit or permit
renewal should be made in the best overall public interest.
(b) An environmental justice program is hereby created to

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ensure enhanced public outreach for permitting transactions in
or near areas of environmental justice concern, including
notification provided by the permit applicant and by the
Agency.
(c) Prior to any person or entity submitting a permit
application for an emission unit as defined under Section 39.5
or NPDES discharge located in an area of environmental justice
concern or within one mile of an area of environmental justice
concern, that person or entity shall prepare and implement a
public participation plan for the residents of the community.
Under the plan, the person or entity shall:
(1) make available information concerning the project
for community review, including any permits that will be
required by the Agency;
(2) conduct a public meeting or meetings to inform the
community of the permit application and to take comments
and questions. The person or entity must provide notice of
the meeting at least 30 days before the date of the
meeting; and
(3) hold a 30-day comment period following the last
public meeting prior to submission of a permit application
to the Agency for residents to submit comments to the
person or entity.
At the time of the permit application to the Agency, the
person or entity shall also provide an environmental justice
report to the Agency's Environmental Justice Officer. The

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report shall document the public meeting or meetings, comment
period, comments made by the public, and any community
environmental benefits agreements that may have been entered
into with community groups or local officials. Submission of
the environmental justice report with the permit application
shall be part of the Agency's completeness review. Submission
of the report must be accompanied by the following
certification:
"I certify under penalty of law that, based on information
and belief formed after reasonable inquiry, the statements and
information contained in this application are true, accurate,
and complete.".
For purposes of this subsection, "permit" means a permit
issued by the Illinois Environmental Protection Agency through
the Clean Air Act Permit Program or the National Pollutant
Discharge Elimination System.
(d) Within one year after the effective date of this
amendatory Act of the 101st General Assembly, the Agency shall
propose rules to the Illinois Pollution Control Board that:
(1) define areas of environmental justice concern,
including screening methodology;
(2) define which permit transactions are subject to
environmental justice enhanced public outreach procedures;
(3) specify notification requirements, including
notification by permit applicants prior to application
submittal to the Agency; and

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(4) delineate enhanced public outreach activities to
be conducted by permit applicants and by the Agency.".