Bill Text: IL HB2728 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Environmental Protection Act. Provides that the Environmental Protection Agency shall ensure that possible adverse economic, social, and environmental effects on environmental justice communities relating to any permit or permit renewal have been fully considered prior to publishing a draft permit or permit renewal for public comment, and that the final decision on the permit or permit renewal is made in the best overall public interest. Provides that any person or entity seeking a permit or permit renewal in an environmental justice community shall give public notice with specified information to the residents of the environmental justice community. Provides that environmental justice community residents shall have 90 days following a community meeting to submit comments to the Agency. Provides that a permit applicant for permitted activity sited in an environmental justice community shall enter into a community benefits agreement with the unit of local government in whose jurisdiction the permit applicant has applied. Provides that the community benefits agreement must, at a minimum, contain provisions requiring the permit applicant to mitigate the environmental and public health impact of the permitted activity in the environmental justice community. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB2728 Detail]

Download: Illinois-2019-HB2728-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2728 Introduced , by Rep. Theresa Mah SYNOPSIS AS INTRODUCED:
415 ILCS 5/40.4 new
Amends the Environmental Protection Act. Provides that the Environmental Protection Agency shall ensure that possible adverse economic, social, and environmental effects on environmental justice communities relating to any permit or permit renewal have been fully considered prior to publishing a draft permit or permit renewal for public comment, and that the final decision on the permit or permit renewal is made in the best overall public interest. Provides that any person or entity seeking a permit or permit renewal in an environmental justice community shall give public notice with specified information to the residents of the environmental justice community. Provides that environmental justice community residents shall have 90 days following a community meeting to submit comments to the Agency. Provides that a permit applicant for permitted activity sited in an environmental justice community shall enter into a community benefits agreement with the unit of local government in whose jurisdiction the permit applicant has applied. Provides that the community benefits agreement must, at a minimum, contain provisions requiring the permit applicant to mitigate the environmental and public health impact of the permitted activity in the environmental justice community. Effective immediately.
LRB101 09781 CPF 54882 b
A BILL FOR
HB2728 LRB101 09781 CPF 54882 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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 communities; community
and environmental impact assessment; notification of
applicants; community benefits agreements.
(a) The Agency shall ensure that possible adverse economic,
social, and environmental effects on environmental justice
communities relating to any permit or permit renewal have been
fully considered prior to publishing a draft permit or permit
renewal for public comment, and that the final decision on the
permit or permit renewal is made in the best overall public
interest.
Any person seeking a permit or permit renewal shall first
submit to the Agency information necessary for the Agency to
determine if the permitted activity will adversely impact an
environmental justice community.
(b) Any person or entity seeking a permit or permit renewal
in an environmental justice community shall give public notice
to the residents of the community of the following:

HB2728 - 2 - LRB101 09781 CPF 54882 b
(1) The person or entity's permit or permit renewal
application.
(2) The procedures allowing residents to file comments
on the application with the Agency.
(3) The date, time, and place of a community meeting
for the purpose of informing the surrounding community of
the permit application and for taking comments and
questions. The meeting shall not be held less than 30 days
following publication of the notice.
Community residents shall have 90 days following the
community meeting to submit comments to the Agency.
(c) A permit applicant for permitted activity sited in an
environmental justice community shall enter into a community
benefits agreement with the unit of local government in whose
jurisdiction the permit applicant has applied. The community
benefits agreement must, at a minimum, contain provisions
requiring the permit applicant to mitigate the environmental
and public health impact of the permitted activity in the
environmental justice community.
(d) For purposes of this Section, "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.
Section 99. Effective date. This Act takes effect upon
becoming law.