Illinois General Assembly - Full Text of HB1542
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Full Text of HB1542  102nd General Assembly


Rep. Rita Mayfield

Filed: 3/16/2022





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2    AMENDMENT NO. ______. Amend House Bill 1542 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Emergency Planning and Community
5Right to Know Act is amended by adding Section 20 as follows:
6    (430 ILCS 100/20 new)
7    Sec. 20. Release or explosion of hazardous substances;
9    (a) Local Emergency Planning Committees, in consultation
10with the SERC, shall partner with schools and school districts
11in their respective regions to:
12        (1) disseminate to faculty, staff, and parents of
13    students information concerning safety threats posed by
14    the storage and transport of hazardous substances near
15    schools, including, but not limited to, threats posed by
16    hazardous substances that are transported near schools by



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1    high-hazard flammable trains; and
2        (2) develop and implement comprehensive emergency
3    response plans for incidents involving the storage and
4    transport of hazardous substances near schools, including,
5    but not limited to, hazardous substances transported by
6    high-hazard flammable trains.
7    (b) Before any comprehensive emergency response plan may
8go into effect, teachers and administrators of schools and
9school districts within a Local Emergency Planning Committee's
10region must be given the opportunity to provide input on the
11comprehensive emergency response plan, and the Local Emergency
12Planning Committee shall take that input into consideration. A
13comprehensive emergency response plan may vary based on the
14potential impact of the release or explosion of different
15hazardous substances. Each Local Emergency Planning Committee
16must have a team with certified and trained personnel who can
17integrate the Incident Command System required under paragraph
18(12) of subsection (c) into the comprehensive emergency
19response plan. These teams may include, but are not limited
20to, persons employed by public works departments,
21transportation departments, hospitals, heavy equipment
22contractors, food distributors, and other such organizations.
23    (c) The SERC, in consultation with Local Emergency
24Planning Committees and schools, shall:
25        (1) identify worst-case scenarios that are to be
26    communicated to both administrators and teachers of any



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1    school district that is within the region of a Local
2    Emergency Planning Committee;
3        (2) identify routes and safety zones, which shall be
4    visibly marked and communicated to administrators,
5    teachers, and school personnel with information on routes
6    to take and locations where students can seek shelter;
7        (3) identify and communicate to both administrators
8    and teachers specific types of hazardous substances that
9    can negatively impact a school;
10        (4) include drills as a component of comprehensive
11    emergency response plans that administrators, teachers,
12    and students must be given opportunities to practice and
13    that shall be reviewed by the SERC within 3 years after the
14    effective date of this amendatory Act of the 102nd General
15    Assembly to find opportunities for improvement to better
16    protect students, teachers, administrators, and any other
17    school personnel;
18        (5) develop comprehensive emergency response plans for
19    students with special needs or who have an Individualized
20    Education Program;
21        (6) communicate evacuation locations and procedures to
22    parents of students;
23        (7) create a hierarchy for communication to ensure
24    that administrators, teachers, parents, and students know
25    where and how to access relevant information during the
26    implementation of a comprehensive emergency response plan;



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1        (8) identify and visibly mark, by means that may
2    include, but are not limited to, signs, stickers on doors,
3    or the like, (i) potential areas that may be impacted by
4    the release or explosion of a hazardous substance and (ii)
5    safety zones;
6        (9) provide information to school districts for the
7    communication to students and their parents, during
8    student registration, of potential areas that may be
9    impacted by the release or explosion of a hazardous
10    substance, updated as necessary for each new school year;
11        (10) create model rules requiring disclosure, prior to
12    the sale of a home, that the home is located within a
13    potential area that may be impacted by the release or
14    explosion of a hazardous substance, based upon or similar
15    to requirements that water damage must be communicated
16    prior to the sale of a home;
17        (11) work in collaboration with the Illinois Commerce
18    Commission to create a reduced speed zone for high-hazard
19    flammable trains that shall impose a speed limit of 20
20    miles per hour for high-hazard flammable trains, and
21    require the posting of signage representing the reduced
22    speed zone, in an area (i) beginning within a one-mile
23    radius of a school during a high-hazard flammable train's
24    approach and (ii) extending within a 2 mile-radius of a
25    school during a high-hazard flammable train's movement
26    away from it; and



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1        (12) implement an Incident Command System as a
2    mandatory process to channel communication during the
3    release or explosion of a hazardous substance and that
4    shall govern the command, control, and coordination of a
5    comprehensive emergency response plan's implementation
6    during the release or explosion of a hazardous substance,
7    specific to the needs of each school within the Local
8    Emergency Planning Committee's region.
9    (d) IEMA shall adopt any rules necessary to implement the
10provisions of this Section, but only after IEMA consults with
11the Illinois State Board of Education on the rules to be
13    (e) In this Section:
14    "Comprehensive emergency response plan" means a set of
15strategic and operational documents that define principles and
16priorities, assign roles and responsibilities, and direct
17action in all phases of emergency management. The purpose of a
18comprehensive emergency response plan is to document emergency
19planning specifically related to schools, school personnel,
20and students that may potentially be impacted by the release
21or explosion of a hazardous substance resulting from its
22storage or transport. The comprehensive emergency response
23plan may include, but shall not be limited to:
24        (1) a regularly updated list of schools located within
25    each Local Emergency Planning Committee region that may
26    potentially be impacted from a release or explosion



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1    resulting from the storage or transport of a hazardous
2    substance;
3        (2) methods and procedures to be followed by school
4    personnel and local emergency and medical personnel in
5    response to the release or explosion of a hazardous
6    substance;
7        (3) the designation of roles needed within the
8    region's Incident Command System;
9        (4) the identification of procedures that provide
10    reliable, effective, and timely notification to persons
11    designated in the comprehensive emergency response plan
12    and to the public that the release or explosion of a
13    hazardous substance has occurred;
14        (5) the methods used for determining whether the
15    release or explosion of a hazardous substance has occurred
16    and any school that will likely be negatively impacted by
17    the release or explosion;
18        (6) descriptions of emergency equipment in the region,
19    each school and relevant emergency facility in the region,
20    and emergency equipment located at each school and
21    relevant emergency facility in the region and the
22    identification of persons responsible for the equipment
23    and each school and relevant emergency facility;
24        (7) evacuation plans, including provisions for a
25    precautionary evacuation and alternative traffic routes;
26        (8) training programs, including schedules for



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1    emergency response and medical personnel; and
2        (9) methods and schedules for drills to exercise the
3    comprehensive emergency response plan.
4    "Drill" means an exercise for students and school
5personnel to routinely review and practice emergency
6organization and procedures and to identify necessary
7facilities, equipment, routes, and safety zones in the event
8of the release or explosion of a hazardous substance.
9    "Hazardous substance" means a substance considered
10severely harmful to human health and the environment, as
11defined by the United States Environmental Protection Agency
12under the federal Comprehensive Environmental Response,
13Compensation, and Liability Act. "Hazardous substance" may
14include, but is not limited to, any product's, substance's, or
15waste's presence, use, manufacture, disposal, transportation,
16or release, either by itself or in combination with other
17materials, that is:
18        (1) potentially injurious to the public health,
19    safety, or welfare, the environment, or a school;
20        (2) regulated or monitored by any governmental
21    authority; or
22        (3) a basis for potential liability of a school to any
23    governmental agency or third party under any applicable
24    statute or common law theory.
25    "Hazardous substance" includes, but is not limited to,
26radioactive materials, hydrocarbons, petroleum, gasoline, and



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1crude oil or any products, by-products, or fractions thereof.
2    "High-hazard flammable train" means any single train
3transporting 20 or more loaded tank cars of a Class 3 flammable
4liquid in a continuous block or any single train carrying 35 or
5more loaded tank cars of a Class 3 flammable liquid throughout
6the train.
7    "Route" means an established, plainly marked, and visible,
8at all times, transition area for students, school personnel,
9and other persons to move either on foot or by means of
10appropriate transportation from an area contaminated by the
11release or explosion of a hazardous substance to a safety
13    "Safety zone" means an established, plainly marked, and
14visible, at all times, area that is free from actual or
15potential contamination resulting from the release or
16explosion of a hazardous substance and that may be safely used
17as a planning and staging area.
18    "School" means any school or daycare facility, either
19public or private, that is located within a potential area
20impacted by the release or explosion of a hazardous substance.
21    "Worst-case scenario" means an assessment of the greatest
22extent of harm, including, but not limited to, personal harm,
23environmental harm, and harm to property, caused by a release
24or explosion, including both the largest quantity and the most
25likely quantity, of a hazardous substance that may negatively
26impact a school.".