Bill Text: IL HR0906 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Recommends the Illinois Environmental Protection Agency withdraw its draft Beneficiary Mitigation Plan. Recommends the Illinois Environmental Protection Agency, prior to submitting the State of Illinois' final Beneficiary Mitigation Plant to the Trustee, extend its arbitrary public comment period through June 30, 2018, to allow sufficient time for transparent and open public hearings. Recommends the establishment of the Illinois Volkswagen Environmental Beneficiary Mitigation Plan Task Force to be comprised of stakeholders from all eligible vehicles classifications included in the Volkswagen Environmental Mitigation Trust.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HR0906 Detail]
Download: Illinois-2017-HR0906-Introduced.html
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1 | HOUSE RESOLUTION
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2 | WHEREAS, Volkswagen American Group has entered into a | ||||||
3 | multi-billion-dollar settlement with the U.S. Department of | ||||||
4 | Justice and the U.S. Environmental Protection Agency for | ||||||
5 | violations of the federal Clean Air Act for installing "defeat | ||||||
6 | devices" software in 590,000 diesel engine vehicles of model | ||||||
7 | years between 2009 and 2016; this caused the vehicles to | ||||||
8 | operate differently during emission testing compared to normal | ||||||
9 | operation, circumventing federal vehicle emissions standards | ||||||
10 | resulting in excess NOx emissions from the illegal vehicles; | ||||||
11 | and
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12 | WHEREAS, According to the American Lung Association's | ||||||
13 | Estimated Prevalence of Lung Disease Report, there are | ||||||
14 | 1,709,000 people impacted by Pediatric Asthma, Adult Asthma, | ||||||
15 | COPD, and Lung Cancer throughout Illinois; and
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16 | WHEREAS, A Volkswagen Environmental Mitigation Trust Fund | ||||||
17 | of $2.7 billion has been established by a federal judge to | ||||||
18 | mitigate the total lifetime excess nitrogen oxide (NOx) | ||||||
19 | emissions from all identified Volkswagen diesel vehicles in | ||||||
20 | violation of the Clean Air Act; this fund is to be administered | ||||||
21 | by an independent trustee, Wilmington Trust, N.A, for the | ||||||
22 | purpose of dispersing funds to beneficiary states for projects | ||||||
23 | to reduce NOx emissions as mitigation for Volkswagen's unlawful |
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1 | emissions; and
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2 | WHEREAS, Based upon the total number of 2.0 L and 3.0 L | ||||||
3 | Volkswagen diesel engines in violation of the Clean Air Act | ||||||
4 | sold in each state, Illinois has been allocated $108.7 million | ||||||
5 | through the Volkswagen Settlement Mitigation Trust; and
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6 | WHEREAS, The Volkswagen Mitigation Trust presents a rare | ||||||
7 | opportunity for the State of Illinois to significantly reduce | ||||||
8 | harmful NOx emissions through the replacement of older engine | ||||||
9 | technology with cleaner emissions vehicles and infrastructure; | ||||||
10 | and
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11 | WHEREAS, On January 30, 2018, the Trustee provided notice | ||||||
12 | that the Illinois Environmental Protection Agency has been | ||||||
13 | listed as the Lead Agency for the State and has been charged | ||||||
14 | with the development of the State's Beneficiary Mitigation | ||||||
15 | Plan; and
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16 | WHEREAS, Illinois may use its Volkswagen Environmental | ||||||
17 | Mitigation Trust Fund allocation for the following categories | ||||||
18 | of projects, as defined by the settlement: Class 8 Local | ||||||
19 | Freight Trucks and Port Drayage Trucks (Eligible Large Trucks), | ||||||
20 | Class 4-8 School Bus, Shuttle Bus, or Transit Bus (Eligible | ||||||
21 | Buses), Railroad Freight Switchers, Ferries/Tugs, Ocean Going | ||||||
22 | Vessels (OGV) Shorepower, Class 4-7 Local Freight Trucks |
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1 | (Eligible Medium Trucks), Airport Ground Support Equipment, | ||||||
2 | Forklifts and Port Cargo Handling Equipment, Light Duty Zero | ||||||
3 | Emission Vehicle Supply Equipment, and the Diesel Emission | ||||||
4 | Reduction Act (DERA) Option; and
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5 | WHEREAS, The ultimate and primary objective of the State's | ||||||
6 | Volkswagen Beneficial Mitigation Trust Plan shall be to reduce | ||||||
7 | NOx emissions equitably throughout the State of Illinois | ||||||
8 | through investments in all applicable, eligible infrastructure | ||||||
9 | and fleet vehicle options that are the most cost-effective, | ||||||
10 | currently commercially available, viable and reasonably | ||||||
11 | affordable to end users; and
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12 | WHEREAS, All beneficiary states have 10 years to spend | ||||||
13 | allocated trust funds; and
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14 | WHEREAS, Each state's Beneficiary Mitigation Plan allows | ||||||
15 | for up to 15% of total funds to be used by state lead agencies | ||||||
16 | for applicable administrative services, including conducting | ||||||
17 | public hearings; and
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18 | WHEREAS, Well in advance of posting draft Beneficiary | ||||||
19 | Mitigation Plans, the vast majority of designated | ||||||
20 | administrative agencies of other states have conducted and have | ||||||
21 | already completed comprehensive, transparent public hearings | ||||||
22 | involving all stakeholders - a critical component in the |
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1 | drafting process of each state's Beneficiary Mitigation Plan - | ||||||
2 | months in advance of posting their state's respective draft | ||||||
3 | Beneficiary Mitigation Plans; and
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4 | WHEREAS, In complete contrast to the open and transparent | ||||||
5 | public hearings conducted by the vast majority of other states, | ||||||
6 | on February 28, 2018, the Illinois Environmental Protection | ||||||
7 | Agency posted its draft Beneficiary Mitigation Plan on its | ||||||
8 | official agency website; and
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9 | WHEREAS, The Illinois Environmental Protection Agency's | ||||||
10 | draft Beneficial Mitigation Plan includes a state map, clearly | ||||||
11 | highlighting that only 16 counties, not every county in the | ||||||
12 | State of Illinois, will be eligible for Volkswagen Mitigation | ||||||
13 | Trust money; and
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14 | WHEREAS, The Illinois Environmental Protection Agency | ||||||
15 | cited in its draft Beneficiary Mitigation Plan that it has | ||||||
16 | conducted private meetings with select stakeholders; and
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17 | WHEREAS, The Illinois Environmental Protection Agency also | ||||||
18 | posted notice on February 27, 2018 that limited online public | ||||||
19 | comments and an Agency-created online focused survey would be | ||||||
20 | accepted by the Agency for a limited period, expiring April 13, | ||||||
21 | 2018, at which time, per the Illinois Environmental Protection | ||||||
22 | Agency, the period for submission online surveys and online |
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1 | public comments will be closed, representing the first and only | ||||||
2 | form of official public input the Illinois Environmental | ||||||
3 | Protection Agency will allow - a time period after, not before | ||||||
4 | the Illinois Environmental Protection Agency posted its draft | ||||||
5 | Beneficiary Mitigation Plan; and
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6 | WHEREAS, Consequently the Illinois Environmental | ||||||
7 | Protection Agency's draft Beneficiary Mitigation Plan has not | ||||||
8 | been properly vetted by all eligible stakeholders, both | ||||||
9 | applicable industries and end-users, or the general public; and
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10 | WHEREAS, The Illinois Environmental Protection Agency, in | ||||||
11 | its draft Beneficiary Mitigation Plan timeline, indicated the | ||||||
12 | state's final plan would be submitted to the Trustee by the end | ||||||
13 | of May, 2018, and that the first round of applications would be | ||||||
14 | accepted in June, 2018; therefore, be it
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15 | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE | ||||||
16 | HUNDREDTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we | ||||||
17 | recommend the Illinois Environmental Protection Agency | ||||||
18 | withdraw its draft Beneficiary Mitigation Plan; and be it | ||||||
19 | further
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20 | RESOLVED, That we recommend the Illinois Environmental | ||||||
21 | Protection Agency, prior to submitting the final Beneficiary | ||||||
22 | Mitigation Plant for the State to the Trustee, extend its |
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1 | arbitrary public comment period through June 30, 2018, to allow | ||||||
2 | sufficient time for transparent and open public hearings; and | ||||||
3 | be it further
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4 | RESOLVED, That we recommend the establishment of the | ||||||
5 | Illinois Volkswagen Environmental Beneficiary Mitigation Plan | ||||||
6 | Task Force to be comprised of stakeholders from all eligible | ||||||
7 | vehicle classifications included in the Volkswagen | ||||||
8 | Environmental Mitigation Trust; and be it further
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9 | RESOLVED, That we recommend the Illinois Environmental | ||||||
10 | Protection Agency provide staff and administrative support for | ||||||
11 | the operation of the Task Force, with all Trustee authorized | ||||||
12 | Agency administrative expenses being reimbursed through the | ||||||
13 | Environmental Mitigation Trust Fund; and be it further
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14 | RESOLVED, That we recommend the Task Force assist the | ||||||
15 | Agency in conducting a minimum of four regional public hearings | ||||||
16 | across the State of Illinois, seeking public input from all | ||||||
17 | stakeholders representing interests in each eligible vehicle | ||||||
18 | classification cited in the Volkswagen Environmental | ||||||
19 | Mitigation Trust Fund, with specific merit given to proposals | ||||||
20 | that achieve the intended Environmental Mitigation Trust Fund | ||||||
21 | goal of cost-effectively reducing NOx emission through the | ||||||
22 | replacement of older vehicles with viable, trustee-approved | ||||||
23 | vehicles and infrastructure.
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