SB2193sam002 97TH GENERAL ASSEMBLY

Sen. Toi W. Hutchinson

Filed: 4/6/2011

09700SB2193sam002 LRB097 08242 JDS 53797 a

AMENDMENT TO SENATE BILL 2193

AMENDMENT NO. ______. Amend Senate Bill 2193 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Environmental Justice Act.

Section 5. Legislative findings. The General Assembly finds that:

(i) the principle of environmental justice requires that no segment of the population, regardless of race, national origin, age, or income, should bear disproportionately high or adverse effects of environmental pollution;

(ii) certain communities in the State may suffer disproportionately from environmental hazards related to facilities with permits approved by the State; and

(iii) these environmental hazards can cause long-term health effects.

Section 10. Commission on Environmental Justice.

(a) The Commission on Environmental Justice is established and consists of the following 20 voting members:

(1) 2 members of the Senate, one appointed by the President of the Senate and the other by the Minority Leader of the Senate, each to serve at the pleasure of the appointing officer;

(2) 2 members of the House of Representatives, one appointed by the Speaker of the House of Representatives and the other by the Minority Leader of the House of Representatives, each to serve at the pleasure of the appointing officer;

(3) the following ex officio members: the Director of Aging or his or her designee, the Director of Commerce and Economic Opportunity or his or her designee, the Director of the Environmental Protection Agency or his or her designee, the Director of Natural Resources or his or her designee, the Director of Public Health or his or her designee, and the Director of Transportation or his or her designee; and

(4) 10 members appointed by the Governor who represent the following interests:

(i) affected communities concerned with environmental justice;

(ii) business organizations;

(iii) environmental organizations;

(iv) experts on environmental health and environmental justice;

(v) units of local government; and

(vi) members of the general public who have an interest or expertise in environmental justice.

(b) Of the initial members of the Commission appointed by the Governor, 5 shall serve for a 2-year term and 5 shall serve for a 1-year term, as designated by the Governor at the time of appointment. Thereafter, the members appointed by the Governor shall serve 2-year terms. Vacancies shall be filled in the same manner as appointments. Members of the Commission appointed by the Governor may not receive compensation for their service on the Commission and are not entitled to reimbursement for expenses.

(c) The Governor shall designate a Chairperson from among the Commission's members. The Commission shall meet at the call of the Chairperson, but no later than 90 days after the effective date of this Act and at least quarterly thereafter.

(d) The Commission shall:

(1) advise State entities on environmental justice and related community issues;

(2) review and analyze the impact of current State laws and policies on the issue of environmental justice and sustainable communities;

(3) assess the adequacy of State and local laws to address the issue of environmental justice and sustainable communities;

(4) develop criteria to assess whether communities in the State may be experiencing environmental justice issues; and

(5) recommend options to the Governor for addressing issues, concerns, or problems related to environmental justice that surface after reviewing State laws and policies, including prioritizing areas of the State that need immediate attention.

(e) On or before October 1, 2011 and each October 1 thereafter, the Commission shall report its findings and recommendations to the Governor and General Assembly.

(f) The Environmental Protection Agency shall provide administrative and other support to the Commission.

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