State of Illinois
2017 and 2018


Introduced 2/15/2018, by Sen. Cristina Castro


415 ILCS 5/52.3-15 new

    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.

LRB100 19678 MJP 34952 b






SB3101LRB100 19678 MJP 34952 b

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. Volkswagen Settlement funds.
8    (a) As used in this Section:
9    "State plan" means the State beneficiary mitigation plan
10developed in accordance with the Volkswagen Settlement.
11    "State Trust Agreement" means the Environmental Mitigation
12Trust for State Beneficiaries established under the Volkswagen
14    "Volkswagen Settlement" or "Settlement" means the consent
15decrees entered by the United States District Court for the
16Northern District of California in In re: Volkswagen "Clean
17Diesel" Marketing, Sales Practices, and Products Liability
18Litigation, No. 3:15–md–02672–CRB.
19    (b) Within 30 days of the effective date of this amendatory
20Act of the 100th General Assembly, the Environmental Protection
21Agency shall create a page on its website that provides the
22public with basic information on the Volkswagen Settlement,
23State documents related to the State Trust Agreement, updates



SB3101- 2 -LRB100 19678 MJP 34952 b

1on development of a State plan, implementation of the State
2plan, and the name and contact information of a person where
3the public can direct questions about the State plan. The web
4page shall include a request for information for public input
5that seeks information and ideas about how the State Trust
6Agreement money should be spent within the uses allowed by the
7Settlement. The Agency shall establish an email list where
8interested persons can subscribe for and receive timely updates
9about the State plan, proposed projects using State Trust
10Agreement funds, decisions by the Agency on the State plan, and
11the State plan's implementation.
12    (c) The Environmental Protection Agency shall establish
13the Volkswagen Settlement Task Force.
14        (1) The Task Force shall consist of 10 members to be
15    appointed by the Governor, with the advice and consent of
16    the Senate, the members must be appointed within 30 days
17    after the effective date of this amendatory Act of the
18    100th General Assembly. The members shall include:
19            (A) the Director of the Agency, or his or her
20        designee, who shall serve as chairperson of the Task
21        Force;
22            (B) one representative of the Department of
23        Transportation;
24            (C) one representative of the Department of Public
25        Health
26            (D) one representative of a statewide association



SB3101- 3 -LRB100 19678 MJP 34952 b

1        representing school superintendents;
2            (E) one representative of the Chicago Transit
3        Authority;
4            (F) one representative of an electric utility that
5        serves more than 3,000,000 retail customers in the
6        State;
7            (G) one representative from a non-profit
8        organization with a focus on respiratory health;
9            (H) one representative from a non-profit
10        organization with a focus on environmental justice;
11            (I) one representative from a non-profit
12        organization focused on clean transportation; and
13            (J) one representative from a statewide
14        environmental non-profit organization.
15        (2) Task Force members shall serve without
16    compensation, but may be reimbursed for reasonable and
17    necessary expenses incurred in performing duties
18    associated with the Task Force.
19        (3) The Task Force shall conduct at least 6 public
20    listening sessions statewide to gather public input on
21    priorities for use of the funds received by the State from
22    the State Trust Agreement.
23        (4) The Task Force shall review the State Trust
24    Agreement requirements, evaluate public comments, and
25    prepare a report of its recommendations for use of the
26    funds received by the State from the State Trust Agreement.



SB3101- 4 -LRB100 19678 MJP 34952 b

1    The Task Force shall submit the report to the Governor and
2    the General Assembly by no later than January 1, 2019.
3    (d) Based on recommendations from the Task Force, public
4listening sessions, and the need for the State to meet air
5pollution standards, the Agency shall develop and publish a
6draft State plan outlining how it will spend allocated funds
7from the State Trust Agreement for beneficial projects in the
8State that mitigate the excess emissions of nitrogen oxides
9from Volkswagen diesel vehicles. The State plan shall include,
10but not be limited to, overall goals for the use of the funds,
11eligible mitigation activities to meet the stated goals,
12spending allocation levels, expected emissions reduction
13benefits, the process for public input, and the other factors
14set out in the State Trust Agreement.
15    (e) After publishing the draft State plan the Agency shall
16publicly announce on its website, through the news media, and
17to all who have signed up for email updates under this Section,
18a 90-day public comment period during which the Agency shall
19accept written comments on the draft. During the 90-day public
20comment period the Agency shall conduct 6 public stakeholder
21hearings statewide to seek public comment on the draft State
22plan, including which eligible mitigation activities should be
23included in the State plan, the relative percentages of
24available funds to allocate to each category of activity, and
25geographic priority areas for emissions reductions. The Agency
26shall develop a list of stakeholder groups to notify of the



SB3101- 5 -LRB100 19678 MJP 34952 b

1public listening sessions, including, but not limited to:
2regional planning organizations; regional transit authorities;
3transportation organizations; schools; shuttle and transit bus
4operators; local government networks; issue-oriented
5non-profits related to clean air, health, and environmental
6justice; fleet operators; clean technology suppliers; ferry
7and tugboat owners; freight yard facilities; port authorities
8and bulk terminals; switcher locomotive operators; public
9utilities; and charging and fuel infrastructure suppliers.
10    (f) After receiving and considering the recommendations of
11the Task Force, reactions from written submissions, and the 6
12public hearings under this Section, the Agency shall prepare
13and publish a final State plan.
14    Section 99. Effective date. This Act takes effect upon
15becoming law.