SB3101 100TH GENERAL ASSEMBLY

LRB100 19678 MJP 34952 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3101

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

SYNOPSIS AS INTRODUCED:

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 52.3-15 as follows:

(415 ILCS 5/52.3-15 new)

Sec. 52.3-15. Volkswagen Settlement funds.

(a) As used in this Section:

"State plan" means the State beneficiary mitigation plan developed in accordance with the Volkswagen Settlement.

"State Trust Agreement" means the Environmental Mitigation Trust for State Beneficiaries established under the Volkswagen Settlement.

"Volkswagen Settlement" or "Settlement" means the consent decrees entered by the United States District Court for the Northern District of California in In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, No. 3:15–md–02672–CRB.

(b) Within 30 days of the effective date of this amendatory Act of the 100th General Assembly, the Environmental Protection Agency shall create a page on its website that provides the public with basic information on the Volkswagen Settlement, State documents related to the State Trust Agreement, updates on development of a State plan, implementation of the State plan, and the name and contact information of a person where the public can direct questions about the State plan. The web page shall include a request for information for public input that seeks information and ideas about how the State Trust Agreement money should be spent within the uses allowed by the Settlement. The Agency shall establish an email list where interested persons can subscribe for and receive timely updates about the State plan, proposed projects using State Trust Agreement funds, decisions by the Agency on the State plan, and the State plan's implementation.

(c) The Environmental Protection Agency shall establish the Volkswagen Settlement Task Force.

(1) The Task Force shall consist of 10 members to be appointed by the Governor, with the advice and consent of the Senate, the members must be appointed within 30 days after the effective date of this amendatory Act of the 100th General Assembly. The members shall include:

(A) the Director of the Agency, or his or her designee, who shall serve as chairperson of the Task Force;

(B) one representative of the Department of Transportation;

(C) one representative of the Department of Public Health

(D) one representative of a statewide association representing school superintendents;

(E) one representative of the Chicago Transit Authority;

(F) one representative of an electric utility that serves more than 3,000,000 retail customers in the State;

(G) one representative from a non-profit organization with a focus on respiratory health;

(H) one representative from a non-profit organization with a focus on environmental justice;

(I) one representative from a non-profit organization focused on clean transportation; and

(J) one representative from a statewide environmental non-profit organization.

(2) Task Force members shall serve without compensation, but may be reimbursed for reasonable and necessary expenses incurred in performing duties associated with the Task Force.

(3) The Task Force shall conduct at least 6 public listening sessions statewide to gather public input on priorities for use of the funds received by the State from the State Trust Agreement.

(4) The Task Force shall review the State Trust Agreement requirements, evaluate public comments, and prepare a report of its recommendations for use of the funds received by the State from the State Trust Agreement. The Task Force shall submit the report to the Governor and the General Assembly by no later than January 1, 2019.

(d) Based on recommendations from the Task Force, public listening sessions, and the need for the State to meet air pollution standards, the Agency shall develop and publish a draft State plan outlining how it will spend allocated funds from the State Trust Agreement for beneficial projects in the State that mitigate the excess emissions of nitrogen oxides from Volkswagen diesel vehicles. The State plan shall include, but not be limited to, overall goals for the use of the funds, eligible mitigation activities to meet the stated goals, spending allocation levels, expected emissions reduction benefits, the process for public input, and the other factors set out in the State Trust Agreement.

(e) After publishing the draft State plan the Agency shall publicly announce on its website, through the news media, and to all who have signed up for email updates under this Section, a 90-day public comment period during which the Agency shall accept written comments on the draft. During the 90-day public comment period the Agency shall conduct 6 public stakeholder hearings statewide to seek public comment on the draft State plan, including which eligible mitigation activities should be included in the State plan, the relative percentages of available funds to allocate to each category of activity, and geographic priority areas for emissions reductions. The Agency shall develop a list of stakeholder groups to notify of the public listening sessions, including, but not limited to: regional planning organizations; regional transit authorities; transportation organizations; schools; shuttle and transit bus operators; local government networks; issue-oriented non-profits related to clean air, health, and environmental justice; fleet operators; clean technology suppliers; ferry and tugboat owners; freight yard facilities; port authorities and bulk terminals; switcher locomotive operators; public utilities; and charging and fuel infrastructure suppliers.

(f) After receiving and considering the recommendations of the Task Force, reactions from written submissions, and the 6 public hearings under this Section, the Agency shall prepare and publish a final State plan.

Section 99. Effective date. This Act takes effect upon becoming law.