101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5518

 

Introduced , by Rep. Bradley Stephens

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2705/2705-380 new
415 ILCS 5/4  from Ch. 111 1/2, par. 1004

    Amends the Department of Transportation Law of the Civil Administrative Code of Illinois and the Environmental Protection Act. Requires the Illinois Environmental Protection Agency, with the assistance of the Department of Transportation, to conduct a study describing the environmental and human health impacts caused by runways and air traffic at Chicago O'Hare International Airport. Requires the Agency, when conducting this study, to pay particular attention to the impact of air pollution, noise pollution, the emission of gases and fluids by aircraft, and similar factors on the quality of life, health, and property values of persons who live adjacent to the flight paths used by Chicago O'Hare International Airport. Requires the Agency, with the Department's assistance, to monitor noise levels experienced in 2020 and 2021. Requires the Department to assist with the study. Requires the Agency to deliver a written report of its findings to the General Assembly by no later than October 31, 2022. Effective immediately.


LRB101 18243 CPF 67685 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5518LRB101 18243 CPF 67685 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 Department of Transportation Law of the
5Civil Administrative Code of Illinois is amended by adding
6Section 2705-380 as follows:
 
7    (20 ILCS 2705/2705-380 new)
8    Sec. 2705-380. Chicago O'Hare International Airport
9environmental impact study. The Department shall assist the
10Illinois Environmental Protection Agency with conducting a
11study, as provided in subsection (bb) of Section (4) of the
12Environmental Protection Act, describing the environmental,
13noise, and human health impacts caused by runways, including
14new runways, and air traffic at Chicago O'Hare International
15Airport. In assisting with this study, the Department shall
16assist the Illinois Environmental Protection Agency with
17monitoring noise levels experienced in 2020 and 2021 and shall
18pay particular attention to the impact of air pollution, noise
19pollution, the emission of gases and fluids by aircraft, and
20similar factors on the quality of life, health, and property
21values of persons who live adjacent to flight paths used by
22Chicago O'Hare International Airport.
 

 

 

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1    Section 10. The Environmental Protection Act is amended by
2changing Section 4 as follows:
 
3    (415 ILCS 5/4)  (from Ch. 111 1/2, par. 1004)
4    Sec. 4. Environmental Protection Agency; establishment;
5duties.
6    (a) There is established in the Executive Branch of the
7State Government an agency to be known as the Environmental
8Protection Agency. This Agency shall be under the supervision
9and direction of a Director who shall be appointed by the
10Governor with the advice and consent of the Senate. The term of
11office of the Director shall expire on the third Monday of
12January in odd numbered years, provided that he or she shall
13hold office until a successor is appointed and has qualified.
14For terms ending before December 31, 2019, the Director shall
15receive an annual salary as set by the Compensation Review
16Board. For terms beginning after the effective date of this
17amendatory Act of the 100th General Assembly, the Director's
18annual salary shall be an amount equal to 15% more than the
19Director's annual salary as of December 31, 2018. The
20calculation of the 2018 salary base for this adjustment shall
21not include any cost of living adjustments, as authorized by
22Senate Joint Resolution 192 of the 86th General Assembly, for
23the period beginning July 1, 2009 to June 30, 2019. Beginning
24July 1, 2019 and each July 1 thereafter, the Director shall
25receive an increase in salary based on a cost of living

 

 

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1adjustment as authorized by Senate Joint Resolution 192 of the
286th General Assembly. The Director, in accord with the
3Personnel Code, shall employ and direct such personnel, and
4shall provide for such laboratory and other facilities, as may
5be necessary to carry out the purposes of this Act. In
6addition, the Director may by agreement secure such services as
7he or she may deem necessary from any other department, agency,
8or unit of the State Government, and may employ and compensate
9such consultants and technical assistants as may be required.
10    (b) The Agency shall have the duty to collect and
11disseminate such information, acquire such technical data, and
12conduct such experiments as may be required to carry out the
13purposes of this Act, including ascertainment of the quantity
14and nature of discharges from any contaminant source and data
15on those sources, and to operate and arrange for the operation
16of devices for the monitoring of environmental quality.
17    (c) The Agency shall have authority to conduct a program of
18continuing surveillance and of regular or periodic inspection
19of actual or potential contaminant or noise sources, of public
20water supplies, and of refuse disposal sites.
21    (d) In accordance with constitutional limitations, the
22Agency shall have authority to enter at all reasonable times
23upon any private or public property for the purpose of:
24        (1) Inspecting and investigating to ascertain possible
25    violations of this Act, any rule or regulation adopted
26    under this Act, any permit or term or condition of a

 

 

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1    permit, or any Board order; or
2        (2) In accordance with the provisions of this Act,
3    taking whatever preventive or corrective action, including
4    but not limited to removal or remedial action, that is
5    necessary or appropriate whenever there is a release or a
6    substantial threat of a release of (A) a hazardous
7    substance or pesticide or (B) petroleum from an underground
8    storage tank.
9    (e) The Agency shall have the duty to investigate
10violations of this Act, any rule or regulation adopted under
11this Act, any permit or term or condition of a permit, or any
12Board order; to issue administrative citations as provided in
13Section 31.1 of this Act; and to take such summary enforcement
14action as is provided for by Section 34 of this Act.
15    (f) The Agency shall appear before the Board in any hearing
16upon a petition for variance or time-limited water quality
17standard, the denial of a permit, or the validity or effect of
18a rule or regulation of the Board, and shall have the authority
19to appear before the Board in any hearing under the Act.
20    (g) The Agency shall have the duty to administer, in accord
21with Title X of this Act, such permit and certification systems
22as may be established by this Act or by regulations adopted
23thereunder. The Agency may enter into written delegation
24agreements with any department, agency, or unit of State or
25local government under which all or portions of this duty may
26be delegated for public water supply storage and transport

 

 

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1systems, sewage collection and transport systems, air
2pollution control sources with uncontrolled emissions of 100
3tons per year or less and application of algicides to waters of
4the State. Such delegation agreements will require that the
5work to be performed thereunder will be in accordance with
6Agency criteria, subject to Agency review, and shall include
7such financial and program auditing by the Agency as may be
8required.
9    (h) The Agency shall have authority to require the
10submission of complete plans and specifications from any
11applicant for a permit required by this Act or by regulations
12thereunder, and to require the submission of such reports
13regarding actual or potential violations of this Act, any rule
14or regulation adopted under this Act, any permit or term or
15condition of a permit, or any Board order, as may be necessary
16for the purposes of this Act.
17    (i) The Agency shall have authority to make recommendations
18to the Board for the adoption of regulations under Title VII of
19the Act.
20    (j) The Agency shall have the duty to represent the State
21of Illinois in any and all matters pertaining to plans,
22procedures, or negotiations for interstate compacts or other
23governmental arrangements relating to environmental
24protection.
25    (k) The Agency shall have the authority to accept, receive,
26and administer on behalf of the State any grants, gifts, loans,

 

 

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1indirect cost reimbursements, or other funds made available to
2the State from any source for purposes of this Act or for air
3or water pollution control, public water supply, solid waste
4disposal, noise abatement, or other environmental protection
5activities, surveys, or programs. Any federal funds received by
6the Agency pursuant to this subsection shall be deposited in a
7trust fund with the State Treasurer and held and disbursed by
8him in accordance with Treasurer as Custodian of Funds Act,
9provided that such monies shall be used only for the purposes
10for which they are contributed and any balance remaining shall
11be returned to the contributor.
12    The Agency is authorized to promulgate such regulations and
13enter into such contracts as it may deem necessary for carrying
14out the provisions of this subsection.
15    (l) The Agency is hereby designated as water pollution
16agency for the state for all purposes of the Federal Water
17Pollution Control Act, as amended; as implementing agency for
18the State for all purposes of the Safe Drinking Water Act,
19Public Law 93-523, as now or hereafter amended, except Section
201425 of that Act; as air pollution agency for the state for all
21purposes of the Clean Air Act of 1970, Public Law 91-604,
22approved December 31, 1970, as amended; and as solid waste
23agency for the state for all purposes of the Solid Waste
24Disposal Act, Public Law 89-272, approved October 20, 1965, and
25amended by the Resource Recovery Act of 1970, Public Law
2691-512, approved October 26, 1970, as amended, and amended by

 

 

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1the Resource Conservation and Recovery Act of 1976, (P.L.
294-580) approved October 21, 1976, as amended; as noise control
3agency for the state for all purposes of the Noise Control Act
4of 1972, Public Law 92-574, approved October 27, 1972, as
5amended; and as implementing agency for the State for all
6purposes of the Comprehensive Environmental Response,
7Compensation, and Liability Act of 1980 (P.L. 96-510), as
8amended; and otherwise as pollution control agency for the
9State pursuant to federal laws integrated with the foregoing
10laws, for financing purposes or otherwise. The Agency is hereby
11authorized to take all action necessary or appropriate to
12secure to the State the benefits of such federal Acts, provided
13that the Agency shall transmit to the United States without
14change any standards adopted by the Pollution Control Board
15pursuant to Section 5(c) of this Act. This subsection (l) of
16Section 4 shall not be construed to bar or prohibit the
17Environmental Protection Trust Fund Commission from accepting,
18receiving, and administering on behalf of the State any grants,
19gifts, loans or other funds for which the Commission is
20eligible pursuant to the Environmental Protection Trust Fund
21Act. The Agency is hereby designated as the State agency for
22all purposes of administering the requirements of Section 313
23of the federal Emergency Planning and Community Right-to-Know
24Act of 1986.
25    Any municipality, sanitary district, or other political
26subdivision, or any Agency of the State or interstate Agency,

 

 

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1which makes application for loans or grants under such federal
2Acts shall notify the Agency of such application; the Agency
3may participate in proceedings under such federal Acts.
4    (m) The Agency shall have authority, consistent with
5Section 5(c) and other provisions of this Act, and for purposes
6of Section 303(e) of the Federal Water Pollution Control Act,
7as now or hereafter amended, to engage in planning processes
8and activities and to develop plans in cooperation with units
9of local government, state agencies and officers, and other
10appropriate persons in connection with the jurisdiction or
11duties of each such unit, agency, officer or person. Public
12hearings shall be held on the planning process, at which any
13person shall be permitted to appear and be heard, pursuant to
14procedural regulations promulgated by the Agency.
15    (n) In accordance with the powers conferred upon the Agency
16by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the
17Agency shall have authority to establish and enforce minimum
18standards for the operation of laboratories relating to
19analyses and laboratory tests for air pollution, water
20pollution, noise emissions, contaminant discharges onto land
21and sanitary, chemical, and mineral quality of water
22distributed by a public water supply. The Agency may enter into
23formal working agreements with other departments or agencies of
24state government under which all or portions of this authority
25may be delegated to the cooperating department or agency.
26    (o) The Agency shall have the authority to issue

 

 

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1certificates of competency to persons and laboratories meeting
2the minimum standards established by the Agency in accordance
3with Section 4(n) of this Act and to promulgate and enforce
4regulations relevant to the issuance and use of such
5certificates. The Agency may enter into formal working
6agreements with other departments or agencies of state
7government under which all or portions of this authority may be
8delegated to the cooperating department or agency.
9    (p) Except as provided in Section 17.7, the Agency shall
10have the duty to analyze samples as required from each public
11water supply to determine compliance with the contaminant
12levels specified by the Pollution Control Board. The maximum
13number of samples which the Agency shall be required to analyze
14for microbiological quality shall be 6 per month, but the
15Agency may, at its option, analyze a larger number each month
16for any supply. Results of sample analyses for additional
17required bacteriological testing, turbidity, residual chlorine
18and radionuclides are to be provided to the Agency in
19accordance with Section 19. Owners of water supplies may enter
20into agreements with the Agency to provide for reduced Agency
21participation in sample analyses.
22    (q) The Agency shall have the authority to provide notice
23to any person who may be liable pursuant to Section 22.2(f) of
24this Act for a release or a substantial threat of a release of
25a hazardous substance or pesticide. Such notice shall include
26the identified response action and an opportunity for such

 

 

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1person to perform the response action.
2    (r) The Agency may enter into written delegation agreements
3with any unit of local government under which it may delegate
4all or portions of its inspecting, investigating and
5enforcement functions. Such delegation agreements shall
6require that work performed thereunder be in accordance with
7Agency criteria and subject to Agency review. Notwithstanding
8any other provision of law to the contrary, no unit of local
9government shall be liable for any injury resulting from the
10exercise of its authority pursuant to such a delegation
11agreement unless the injury is proximately caused by the
12willful and wanton negligence of an agent or employee of the
13unit of local government, and any policy of insurance coverage
14issued to a unit of local government may provide for the denial
15of liability and the nonpayment of claims based upon injuries
16for which the unit of local government is not liable pursuant
17to this subsection (r).
18    (s) The Agency shall have authority to take whatever
19preventive or corrective action is necessary or appropriate,
20including but not limited to expenditure of monies appropriated
21from the Build Illinois Bond Fund and the Build Illinois
22Purposes Fund for removal or remedial action, whenever any
23hazardous substance or pesticide is released or there is a
24substantial threat of such a release into the environment. The
25State, the Director, and any State employee shall be
26indemnified for any damages or injury arising out of or

 

 

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1resulting from any action taken under this subsection. The
2Director of the Agency is authorized to enter into such
3contracts and agreements as are necessary to carry out the
4Agency's duties under this subsection.
5    (t) The Agency shall have authority to distribute grants,
6subject to appropriation by the General Assembly, to units of
7local government for financing and construction of wastewater
8facilities in both incorporated and unincorporated areas. With
9respect to all monies appropriated from the Build Illinois Bond
10Fund and the Build Illinois Purposes Fund for wastewater
11facility grants, the Agency shall make distributions in
12conformity with the rules and regulations established pursuant
13to the Anti-Pollution Bond Act, as now or hereafter amended.
14    (u) Pursuant to the Illinois Administrative Procedure Act,
15the Agency shall have the authority to adopt such rules as are
16necessary or appropriate for the Agency to implement Section
1731.1 of this Act.
18    (v) (Blank.)
19    (w) Neither the State, nor the Director, nor the Board, nor
20any State employee shall be liable for any damages or injury
21arising out of or resulting from any action taken under
22subsection (s).
23    (x)(1) The Agency shall have authority to distribute
24grants, subject to appropriation by the General Assembly, to
25units of local government for financing and construction of
26public water supply facilities. With respect to all monies

 

 

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1appropriated from the Build Illinois Bond Fund or the Build
2Illinois Purposes Fund for public water supply grants, such
3grants shall be made in accordance with rules promulgated by
4the Agency. Such rules shall include a requirement for a local
5match of 30% of the total project cost for projects funded
6through such grants.
7    (2) The Agency shall not terminate a grant to a unit of
8local government for the financing and construction of public
9water supply facilities unless and until the Agency adopts
10rules that set forth precise and complete standards, pursuant
11to Section 5-20 of the Illinois Administrative Procedure Act,
12for the termination of such grants. The Agency shall not make
13determinations on whether specific grant conditions are
14necessary to ensure the integrity of a project or on whether
15subagreements shall be awarded, with respect to grants for the
16financing and construction of public water supply facilities,
17unless and until the Agency adopts rules that set forth precise
18and complete standards, pursuant to Section 5-20 of the
19Illinois Administrative Procedure Act, for making such
20determinations. The Agency shall not issue a stop-work order in
21relation to such grants unless and until the Agency adopts
22precise and complete standards, pursuant to Section 5-20 of the
23Illinois Administrative Procedure Act, for determining whether
24to issue a stop-work order.
25    (y) The Agency shall have authority to release any person
26from further responsibility for preventive or corrective

 

 

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1action under this Act following successful completion of
2preventive or corrective action undertaken by such person upon
3written request by the person.
4    (z) To the extent permitted by any applicable federal law
5or regulation, for all work performed for State construction
6projects which are funded in whole or in part by a capital
7infrastructure bill enacted by the 96th General Assembly by
8sums appropriated to the Environmental Protection Agency, at
9least 50% of the total labor hours must be performed by actual
10residents of the State of Illinois. For purposes of this
11subsection, "actual residents of the State of Illinois" means
12persons domiciled in the State of Illinois. The Department of
13Labor shall promulgate rules providing for the enforcement of
14this subsection.
15    (aa) The Agency may adopt rules requiring the electronic
16submission of any information required to be submitted to the
17Agency pursuant to any State or federal law or regulation or
18any court or Board order. Any rules adopted under this
19subsection (aa) must include, but are not limited to,
20identification of the information to be submitted
21electronically.
22    (bb) The Agency, with the assistance of the Department of
23Transportation, shall conduct a study describing the
24environmental, noise, and human health impacts caused by
25runways, including new runways, and air traffic at Chicago
26O'Hare International Airport. In conducting this study, the

 

 

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1Agency, with the assistance of the Department of
2Transportation, shall monitor actual noise levels experienced
3in 2020 and 2021 and shall pay particular attention to the
4impact of air pollution, noise pollution, the emission of gases
5and fluids by aircraft, and similar factors on the quality of
6life, health, and property values of persons who live adjacent
7to flight paths used by Chicago O'Hare International Airport.
8The Agency shall submit a written report of its findings to the
9General Assembly by no later than October 31, 2022.
10(Source: P.A. 99-937, eff. 2-24-17; 100-1179, eff. 1-18-19.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.