Bill Text: IL SB3101 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Environmental Protection Act. Contains provisions requiring the Environmental Protection Agency to create a State beneficiary mitigation plan in accordance with specified consent decrees. Provides that the Agency shall establish the Volkswagen Settlement Task Force. Contains provisions concerning the membership of the Task Force. Provides that the Task Force shall conduct listening sessions, review the requirements of a specified trust agreement, evaluate public comments, and prepare a report of its recommendations for use of the funds received by the State from the trust agreement. Provides that the Task Force shall submit the report to the Governor and the General Assembly by no later than January 1, 2019. Provides that based on information provided by the Task Force, a public comment period, and other specified considerations, the Agency shall create a draft and final version of the State plan. Provides that within 30 days of the effective date, the Environmental Protection Agency shall create a page on its website that provides the public with specified information relating to the specified consent decrees. Effective immediately.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Engrossed) 2018-11-28 - House Floor Amendment No. 6 Rules Refers to Environment [SB3101 Detail]

Download: Illinois-2017-SB3101-Engrossed.html



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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended by
5adding Section 52.3-15 as follows:
6 (415 ILCS 5/52.3-15 new)
7 Sec. 52.3-15. Environmental Mitigation Trust.
8 (a) As used in this Section:
9 "Appendix D-2" means Appendix D-2 to the Environmental
10Mitigation Trust, entitled "Eligible Mitigation Actions and
11Mitigation Action Expenditures".
12 "Beneficiary Mitigation Plan" means a plan developed by the
13State in accordance with paragraph 4.1 of the Environmental
14Mitigation Trust.
15 "Director" means the Director of the Agency.
16 "Eligible Mitigation Action" has the meaning provided in
17paragraph 1.9 of the Environmental Mitigation Trust.
18 "Environmental Mitigation Trust" means the Environmental
19Mitigation Trust Agreement for State Beneficiaries filed on
20October 2, 2017 in re: Volkswagen "Clean Diesel" Marketing,
21Sales Practices, and Products Liability Litigation,
223:16-cv-00295-CRB, MDL No. 2672 CRB (JSC) (N.D. Cal.).
23 "Volkswagen Settlement" or "Settlement" means the consent

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1decrees entered by the United States District Court for the
2Northern District of California in re: Volkswagen "Clean
3Diesel" Marketing, Sales Practices, and Products Liability
4Litigation, No. 3:15–md–02672–CRB.
5 "Task Force" means the Volkswagen Settlement Environmental
6Beneficiary Mitigation Plan Task Force.
7 (b) The Agency shall administer the moneys available to the
8State under the Environmental Mitigation Trust for the
9following categories of projects, as defined by the Settlement:
10 (1) Class 8 Local Freight Trucks and Port Drayage
11 Trucks (Eligible Large Trucks);
12 (2) Class 4-8 School Bus, Shuttle Bus, or Transit Bus
13 (Eligible Buses);
14 (3) Freight Switchers; Ferries/Tugs; Ocean Going
15 Vessels (OGV) Shorepower;
16 (4) Class 4-7 Local Freight Trucks (Eligible Medium
17 Trucks);
18 (5) Airport Ground Support Equipment;
19 (6) Forklifts and Port Cargo Handling Equipment;
20 (7) Light Duty Zero Emission Vehicle Supply Equipment;
21 and
22 (8) Diesel Emission Reduction Act (DERA) Option.
23 (c) The Agency may allocate administrative costs to the
24Eligible Mitigation Actions identified in subsection (b) of
25this Section in accordance with Appendix D-2.
26 (d) A Beneficiary Mitigation Plan submitted by the State

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1under the Environmental Mitigation Trust shall comply with this
2Section.
3 (e) A Beneficiary Mitigation Plan filed before the
4effective date of this amendatory Act of the 100th General
5Assembly shall be revised to comply with this amendatory Act of
6the 100th General Assembly and shall be resubmitted in
7accordance with the Environmental Mitigation Trust and this
8amendatory Act of the 100th General Assembly.
9 The Agency shall extend the Agency's draft Beneficiary
10Mitigation Plan public comment period deadline of April 13,
112018 to 120 days after the effective date of this amendatory
12Act of the 100th General Assembly.
13 The Agency shall maintain a Beneficiary Mitigation Plan
14page on its website, and provide the public with basic
15information on the Volkswagen Settlement, including, but not
16limited to: scheduled public hearings; State documents related
17to the Environmental Mitigation Trust; updates on amendments to
18the Beneficiary Mitigation Plan; implementation of the
19Beneficiary Mitigation Plan; and the name and contact
20information of the Agency person where the public can direct
21questions about the Beneficiary Mitigation Plan, and schedule
22in-person testimony at public hearings. The webpage shall
23include a request for information for public input that seeks
24information and ideas about how the Environmental Mitigation
25Trust money should be spent within the uses allowed by the
26Settlement. The Agency shall maintain an email list to which

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1interested persons can subscribe to receive timely updates
2about the Beneficiary Mitigation Plan, proposed projects using
3Environmental Mitigation Trust funds, decisions by the Agency
4on the Beneficiary Mitigation Plan, and the Beneficiary
5Mitigation Plan's implementation.
6 During the extended 120-day public comment period, the
7Agency and Task Force shall conduct 6 public stakeholder
8hearings statewide to seek public comments on the draft
9Beneficiary Mitigation Plan, including which eligible
10mitigation activities should be included in the Beneficiary
11Mitigation Plan, the relative percentages of available funds to
12allocate to each category of activity, and geographic priority
13areas for emissions reductions.
14 (f) The Volkswagen Settlement Environmental Beneficiary
15Mitigation Plan Task Force is created. The Environmental
16Protection Agency shall provide administrative and other
17support to the Task Force. The Task Force shall consist of the
18following members:
19 (1) The Director of the Environmental Protection
20 Agency, or his or her designee, who shall be the chair of
21 the Task Force;
22 (2) one member appointed by the Speaker of the House of
23 Representatives;
24 (3) one member appointed by the Minority Leader of the
25 House of Representatives;
26 (4) one member appointed by the President of the

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1 Senate;
2 (5) one member appointed by the Minority Leader of the
3 Senate;
4 (6) one member appointed by the Department of
5 Transportation;
6 (7) one member appointed by the Department of Public
7 Health;
8 (8) one member appointed by a statewide organization
9 representing school administrators;
10 (9) one members appointed by the Commuter Rail Division
11 of the Regional Transportation Authority established under
12 the Regional Transportation Authority Act;
13 (10) one member appointed by the Chicago Transit
14 Authority created under the Metropolitan Transit Authority
15 Act;
16 (11) one member appointed by the Sangamon Mass Transit
17 District;
18 (12) one member appointed by an electric utility that
19 serves more than 3,000,000 retail customers in the State;
20 (13) one member appointed by a natural gas utility that
21 serves more than 1,000,000 retail customers in the State;
22 (14) one member appointed by a statewide association
23 representing investor-owned electric and natural gas
24 utilities and power generation companies;
25 (15) one member appointed by a public interest
26 environmental legal advocacy and eco-business innovation

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1 organization with headquarters in the City of Chicago;
2 (16) one member appointed by a statewide association
3 that promotes and sponsors the safe and varied uses of
4 propane gas, sponsors education and safety programs for
5 person in the propane gas industry, and informs and
6 educates the public as propane gas consumers;
7 (17) one member appointed by Argonne National
8 Laboratory;
9 (18) one member appointed by a coalition designated as
10 a Clean City coalition by the United States Department of
11 Energy for the Chicago metropolitan area;
12 (19) one member appointed by a nationwide nonprofit
13 organization that advocates for improved lung health and
14 preventing lung disease with a national office in the City
15 of Chicago; and
16 (20) one member appointed by a member-based Illinois
17 non-profit organization located in Chicago that provides
18 direct services to Chicago schoolchildren and which aims to
19 prevent lung disease, promote clean air, and help people
20 live better through education, research, and policy
21 change;
22 (21) one member appointed by a recognized
23 Illinois-based non-profit organization that focuses on
24 community environmental justice concerns;
25 (22) one member appointed by the Cook County Forest
26 Preserve District;

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1 (23) one member appointed by a non-profit organization
2 focused on solid waste collection, disposal, and
3 recycling;
4 (24) one member appointed by a labor organization;
5 (25) one member appointed by an electric vehicle
6 charging manufacturer; and
7 (26) one member appointed by an electric utility that
8 serves fewer than 3,000,000 retail customers in the State.
9 Each appointment shall be made, with the advice and consent
10of the Senate, within 30 days after the effective date of this
11amendatory Act of the 100th General Assembly. The Agency shall
12notify each person or entity responsible for appointing a
13member of the Task Force within 14 days of the effective date
14of this amendatory Act of the 100th General Assembly of each
15person's or entity's appointment responsibility.
16 Task Force members shall serve without compensation, but
17may be reimbursed for reasonable and necessary expenses
18incurred in performing duties associated with the Task Force.
19 The Task Force shall conduct 6 public listening sessions
20statewide to gather public input on priorities for use of the
21funds received by the State from the Environmental Mitigation
22Trust.
23 At the conclusion of the 120-day period, the Task Force
24shall review the Environmental Mitigation Trust requirements,
25evaluate public comments, and prepare a report of its
26recommendations for use of the funds received by the State from

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1the Environmental Mitigation Trust. The Task Force shall submit
2its report to the Governor and the General Assembly by no later
3than 150 days after the effective date of this amendatory Act
4of the 100th General Assembly, but no sooner than 140 days
5after the effective date of this amendatory Act of the 100th
6General Assembly.
7 This subsection (f) is inoperative 210 days after the
8effective date of this amendatory Act of the 100th General
9Assembly.
10 (g) Based on recommendations from the Task Force, public
11listening sessions, and the need for the State to reduce air
12pollution, the Agency shall amend the Beneficiary Mitigation
13Plan outlining how it will spend allocated funds from the
14Environmental Mitigation Trust for beneficial projects in the
15State that mitigate the excess emissions of nitrogen oxides
16from Volkswagen diesel vehicles. The Beneficiary Mitigation
17Plan shall include, but not be limited to, overall goals for
18the use of the funds, eligible mitigation activities to meet
19the stated goals, spending allocation levels, expected
20emissions reduction benefits, the process for public input, and
21the other factors set out in the Environmental Mitigation
22Trust.
23 The Agency shall prepare and resubmit an amended final
24version of the Beneficiary Mitigation Plan to the trustee of
25the Environmental Mitigation Trust no sooner than 30 days after
26the Task Force submits its report to the Governor and the

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1General Assembly, and only after receiving and considering the
2recommendations of the Task Force, reactions from written
3submissions, and the public hearings under this Section.
4 Upon submission of the amended final version of the
5Beneficiary Mitigation Plan to the trustee of the Environmental
6Mitigation Trust, the Agency shall open a call for project
7proposals that are consistent with that final Beneficiary
8Mitigation Plan submission. After the amended final version of
9the Beneficiary Mitigation Plan is submitted to the trustee of
10the Environmental Mitigation Trust, the Agency shall provide
11for an open period of no less 60 days for interested parties to
12submit eligible project proposals to the Agency. At the
13conclusion of this open period, the Agency may award funds to
14these projects.
15 Section 99. Effective date. This Act takes effect upon
16becoming law.
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