Sen. Cristina Castro

Filed: 4/20/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 3101 by replacing
3everything after the enacting clause with the following:
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



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1paragraph 1.9 of the Environmental Mitigation Trust.
2    "Environmental Mitigation Trust" means the Environmental
3Mitigation Trust Agreement for State Beneficiaries filed on
4October 2, 2017 in re: Volkswagen "Clean Diesel" Marketing,
5Sales Practices, and Products Liability Litigation,
63:16-cv-00295-CRB, MDL No. 2672 CRB (JSC) (N.D. Cal.).
7    "Volkswagen Settlement" or "Settlement" means the consent
8decrees entered by the United States District Court for the
9Northern District of California in re: Volkswagen "Clean
10Diesel" Marketing, Sales Practices, and Products Liability
11Litigation, No. 3:15–md–02672–CRB.
12    "Task Force" means the Volkswagen Settlement Environmental
13Beneficiary Mitigation Plan Task Force.
14    (b) The Agency shall administer the moneys available to the
15State under the Environmental Mitigation Trust for the
16following categories of projects, as defined by the Settlement:
17        (1) Class 8 Local Freight Trucks and Port Drayage
18    Trucks (Eligible Large Trucks);
19        (2) Class 4-8 School Bus, Shuttle Bus, or Transit Bus
20    (Eligible Buses);
21        (3) Freight Switchers; Ferries/Tugs; Ocean Going
22    Vessels (OGV) Shorepower;
23        (4) Class 4-7 Local Freight Trucks (Eligible Medium
24    Trucks);
25        (5) Airport Ground Support Equipment;
26        (6) Forklifts and Port Cargo Handling Equipment;



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1        (7) Light Duty Zero Emission Vehicle Supply Equipment;
2    and
3        (8) Diesel Emission Reduction Act (DERA) Option.
4    (c) The Agency may allocate administrative costs to the
5Eligible Mitigation Actions identified in subsection (b) of
6this Section in accordance with Appendix D-2.
7    (d) A Beneficiary Mitigation Plan submitted by the State
8under the Environmental Mitigation Trust shall comply with this
10    (e) A Beneficiary Mitigation Plan filed before the
11effective date of this amendatory Act of the 100th General
12Assembly shall be revised to comply with this amendatory Act of
13the 100th General Assembly and shall be resubmitted in
14accordance with the Environmental Mitigation Trust and this
15amendatory Act of the 100th General Assembly.
16    The Agency shall extend the Agency's draft Beneficiary
17Mitigation Plan public comment period deadline of April 13,
182018 to 120 days after the effective date of this amendatory
19Act of the 100th General Assembly.
20    The Agency shall maintain a Beneficiary Mitigation Plan
21page on its website, and provide the public with basic
22information on the Volkswagen Settlement, including, but not
23limited to: scheduled public hearings; State documents related
24to the Environmental Mitigation Trust; updates on amendments to
25the Beneficiary Mitigation Plan; implementation of the
26Beneficiary Mitigation Plan; and the name and contact



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1information of the Agency person where the public can direct
2questions about the Beneficiary Mitigation Plan, and schedule
3in-person testimony at public hearings. The webpage shall
4include a request for information for public input that seeks
5information and ideas about how the Environmental Mitigation
6Trust money should be spent within the uses allowed by the
7Settlement. The Agency shall maintain an email list to which
8interested persons can subscribe to receive timely updates
9about the Beneficiary Mitigation Plan, proposed projects using
10Environmental Mitigation Trust funds, decisions by the Agency
11on the Beneficiary Mitigation Plan, and the Beneficiary
12Mitigation Plan's implementation.
13    During the extended 120-day public comment period, the
14Agency and Task Force shall conduct 6 public stakeholder
15hearings statewide to seek public comments on the draft
16Beneficiary Mitigation Plan, including which eligible
17mitigation activities should be included in the Beneficiary
18Mitigation Plan, the relative percentages of available funds to
19allocate to each category of activity, and geographic priority
20areas for emissions reductions.
21    (f) The Volkswagen Settlement Environmental Beneficiary
22Mitigation Plan Task Force is created. The Environmental
23Protection Agency shall provide administrative and other
24support to the Task Force. The Task Force shall consist of the
25following members:
26        (1) The Director of the Environmental Protection



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1    Agency, or his or her designee, who shall be the chair of
2    the Task Force;
3        (2) one member appointed by the Speaker of the House of
4    Representatives;
5        (3) one member appointed by the Minority Leader of the
6    House of Representatives;
7        (4) one member appointed by the President of the
8    Senate;
9        (5) one member appointed by the Minority Leader of the
10    Senate;
11        (6) one member appointed by the Department of
12    Transportation;
13        (7) one member appointed by the Department of Public
14    Health;
15        (8) one member appointed by a statewide organization
16    representing school administrators;
17        (9) one members appointed by the Commuter Rail Division
18    of the Regional Transportation Authority established under
19    the Regional Transportation Authority Act;
20        (10) one member appointed by the Chicago Transit
21    Authority created under the Metropolitan Transit Authority
22    Act;
23        (11) one member appointed by the Sangamon Mass Transit
24    District;
25        (12) one member appointed by an electric utility that
26    serves more than 3,000,000 retail customers in the State;



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1        (13) one member appointed by a natural gas utility that
2    serves more than 1,000,000 retail customers in the State;
3        (14) one member appointed by a statewide association
4    representing investor-owned electric and natural gas
5    utilities and power generation companies;
6        (15) one member appointed by a public interest
7    environmental legal advocacy and eco-business innovation
8    organization with headquarters in the City of Chicago;
9        (16) one member appointed by a statewide association
10    that promotes and sponsors the safe and varied uses of
11    propane gas, sponsors education and safety programs for
12    person in the propane gas industry, and informs and
13    educates the public as propane gas consumers;
14        (17) one member appointed by Argonne National
15    Laboratory;
16        (18) one member appointed by a coalition designated as
17    a Clean City coalition by the United States Department of
18    Energy for the Chicago metropolitan area;
19        (19) one member appointed by a nationwide nonprofit
20    organization that advocates for improved lung health and
21    preventing lung disease with a national office in the City
22    of Chicago; and
23        (20) one member appointed by a member-based Illinois
24    non-profit organization located in Chicago that provides
25    direct services to Chicago schoolchildren and which aims to
26    prevent lung disease, promote clean air, and help people



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1    live better through education, research, and policy
2    change;
3        (21) one member appointed by a recognized
4    Illinois-based non-profit organization that focuses on
5    community environmental justice concerns;
6        (22) one member appointed by the Cook County Forest
7    Preserve District;
8        (23) one member appointed by a non-profit organization
9    focused on solid waste collection, disposal, and
10    recycling;
11        (24) one member appointed by a labor organization;
12        (25) one member appointed by an electric vehicle
13    charging manufacturer; and
14        (26) one member appointed by an electric utility that
15    serves fewer than 3,000,000 retail customers in the State.
16    Each appointment shall be made, with the advice and consent
17of the Senate, within 30 days after the effective date of this
18amendatory Act of the 100th General Assembly. The Agency shall
19notify each person or entity responsible for appointing a
20member of the Task Force within 14 days of the effective date
21of this amendatory Act of the 100th General Assembly of each
22person's or entity's appointment responsibility.
23    Task Force members shall serve without compensation, but
24may be reimbursed for reasonable and necessary expenses
25incurred in performing duties associated with the Task Force.
26    The Task Force shall conduct 6 public listening sessions



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1statewide to gather public input on priorities for use of the
2funds received by the State from the Environmental Mitigation
4    At the conclusion of the 120-day period, the Task Force
5shall review the Environmental Mitigation Trust requirements,
6evaluate public comments, and prepare a report of its
7recommendations for use of the funds received by the State from
8the Environmental Mitigation Trust. The Task Force shall submit
9its report to the Governor and the General Assembly by no later
10than 150 days after the effective date of this amendatory Act
11of the 100th General Assembly, but no sooner than 140 days
12after the effective date of this amendatory Act of the 100th
13General Assembly.
14    This subsection (f) is inoperative 210 days after the
15effective date of this amendatory Act of the 100th General
17    (g) Based on recommendations from the Task Force, public
18listening sessions, and the need for the State to reduce air
19pollution, the Agency shall amend the Beneficiary Mitigation
20Plan outlining how it will spend allocated funds from the
21Environmental Mitigation Trust for beneficial projects in the
22State that mitigate the excess emissions of nitrogen oxides
23from Volkswagen diesel vehicles. The Beneficiary Mitigation
24Plan shall include, but not be limited to, overall goals for
25the use of the funds, eligible mitigation activities to meet
26the stated goals, spending allocation levels, expected



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1emissions reduction benefits, the process for public input, and
2the other factors set out in the Environmental Mitigation
4    The Agency shall prepare and resubmit an amended final
5version of the Beneficiary Mitigation Plan to the trustee of
6the Environmental Mitigation Trust no sooner than 30 days after
7the Task Force submits its report to the Governor and the
8General Assembly, and only after receiving and considering the
9recommendations of the Task Force, reactions from written
10submissions, and the public hearings under this Section.
11    Upon submission of the amended final version of the
12Beneficiary Mitigation Plan to the trustee of the Environmental
13Mitigation Trust, the Agency shall open a call for project
14proposals that are consistent with that final Beneficiary
15Mitigation Plan submission. After the amended final version of
16the Beneficiary Mitigation Plan is submitted to the trustee of
17the Environmental Mitigation Trust, the Agency shall provide
18for an open period of no less 60 days for interested parties to
19submit eligible project proposals to the Agency. At the
20conclusion of this open period, the Agency may award funds to
21these projects.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".