Rep. Dagmara Avelar

Filed: 4/2/2024

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1
AMENDMENT TO HOUSE BILL 5013
2 AMENDMENT NO. ______. Amend House Bill 5013 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The Environmental Protection Act is amended by
5adding Section 9.20 as follows:
6 (415 ILCS 5/9.20 new)
7 Sec. 9.20. Health and equity insights.
8 (a) Findings. The General Assembly finds that:
9 (1) pollution is distributed unevenly, impacts
10 overburdened communities disproportionately, and varies on
11 a block-by-block basis;
12 (2) disparities in impact are often missed by standard
13 monitoring practices;
14 (3) identifying locations that attract high numbers of
15 medium-duty vehicles and heavy-duty vehicles is crucial to
16 mitigate emissions significantly;

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1 (4) investment and policy development decisions must
2 be made with communities and environmental justice
3 advocates in order to reliably, effectively, and
4 accurately prioritize impacted communities; and
5 (5) collaboration with impacted communities must
6 continue through implementation of policy solutions that
7 are designed with those same communities.
8 (b) Definitions. In this Section:
9 "Agency" means the Environmental Protection Agency.
10 "Board" means the Pollution Control Board.
11 "Commission" means the Commission on Environmental
12Justice.
13 "Community air quality monitoring" means the deployment of
14low-cost sensors at the neighborhood level to better identify
15and mitigate the large disparities in pollution exposure and
16health outcomes that can occur at the local level.
17 "Continuous fence line air quality monitoring" means
18monitoring that is located on-site, that is not switched on
19and off, and that consistently collects data 24 hours a day, 7
20days a week unless paused for repair, calibration, or
21servicing.
22 "Department" means the Illinois Department of Commerce and
23Economic Opportunity.
24 "Federal Equivalent Method" or "FEM" means a method that
25is used for measuring the concentration of an air pollutant in
26the ambient air and that has been designated as an equivalent

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1method to the Federal Reference Method.
2 "Federal Reference Method" or "FRM" means a method of
3monitoring described in 40 CFR 53 (or successor regulations).
4 "Local authority" means a State or local governmental
5entity with the authority to enable mobile monitoring as a
6complement to stationary and meteorological monitoring.
7 "Meteorological monitoring" means monitoring for
8meteorological data, such as wind speed and direction.
9 "Overburdened communities" has the same meaning as
10"environmental justice community" as defined and as may be
11updated in the long-term renewable resources procurement plan
12of the Illinois Power Agency and its Program Administrator
13under the Illinois Solar for All Program.
14 "Regulated facility" means:
15 (1) a facility in a non-overburdened community used
16 for the purpose of goods distribution, whether rentable or
17 used as a proprietary facility, that has 100,000 square
18 feet or more of business area;
19 (2) a facility in an overburdened community used for
20 the purpose of goods distribution, whether rentable or
21 used as a proprietary facility, that has 50,000 square
22 feet or more of business area;
23 (3) a truck-attracting facility; or
24 (4) a facility or set of facilities that the Agency
25 determines has activities that threaten local health and
26 have a similar impact as regulated facilities described in

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1 paragraphs (1), (2), and (3) but do not meet the minimum
2 size or truck trips requirements of those facilities.
3 "Satellite air quality monitoring" means monitoring,
4conducted by one or more satellites, to measure the
5concentration of airborne particles, such as aerosols, in the
6atmosphere through observations of how much light reaches the
7surface of the Earth and how much light is reflected off of the
8aerosols.
9 "Significant emitters" means the stationary, indirect, and
10mobile sources that are the greatest contributors to
11health-harming pollutants.
12 "Truck trip" means the one-way trip a truck or tractor
13makes to or from a site with at least one warehouse to deliver
14or collect goods stored at that warehouse for later
15distribution to other locations. A truck or tractor entering a
16warehouse site and then leaving that site constitutes 2 trips.
17 "Truck-attracting facility" means a facility that
18generates or could generate 50 or more truck trips per day.
19 "Truck count" means an accounting of the number of trucks
20traveling through a designated intersection.
21 "Zero-emission vehicle" means a vehicle powered with a
22zero-emission powertrain that produces zero exhaust emissions
23of any criteria pollutant, precursor pollutant, or greenhouse
24gas in any mode of operation or condition, as determined by the
25Agency.
26 (c) Truck counting and other monitoring.

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1 (1) Each year, the Agency shall conduct truck counting
2 on a representative sample of local roads where trucks
3 enter or exit a truck-attracting facility. If possible,
4 the truck counts must include the class and age of the
5 trucks counted. Truck-counting efforts shall build on
6 existing efforts by community and environmental justice
7 organizations and shall be conducted in consultation with
8 those same entities. The Agency shall also take into
9 consideration the experience of communities in deciding
10 where to site monitors and how to move forward on
11 subsequent policy development and implementation.
12 (2) A truck-attracting facility must continuously
13 monitor on-site emissions for diesel particulate matter
14 and nitrogen oxides. Monitoring must be conducted using at
15 least 4 continuous fence line monitors spaced as far apart
16 as possible from one another around the perimeter of the
17 truck-attracting facility.
18 (3) Within one year after the effective date of this
19 amendatory Act of the 103rd General Assembly, the Agency
20 shall cite Federal Reference Methods (FRM) and Federal
21 Equivalent Methods (FEM) established under 40 CFR Part 53,
22 informed by satellite and community data when available,
23 when determining the placement of air monitoring devices
24 at truck-attracting facilities.
25 (4) The Agency shall not announce in advance the days
26 when federal reference monitors are collecting data or the

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1 days when mobile or meteorological monitoring is taking
2 place, if the Agency does not already continuously collect
3 data from those monitors or through that monitoring. The
4 Agency shall identify which federal reference monitors in
5 the State are not collecting data continuously. The Agency
6 shall transition all instruments to continuous monitoring
7 within 2 years upon determining which monitors are not
8 collecting data continuously.
9 (5) The Agency must create a timely process for
10 community representatives or companies to co-locate
11 monitoring equipment at FRM monitors or FEM monitors
12 managed or owned by the State incorporating guidelines of
13 public participation and transparency found in subsection
14 (l) herein.
15 (6) Overburdened communities may request a new FRM
16 monitor or FEM monitor. This request may be based on
17 satellite or low-cost local data, health data, data
18 concerning recent changes in land use, or other
19 qualitative or quantitative metrics identified by
20 overburdened communities. This request should be granted
21 as of right if the data shows the source is already
22 identified as a high-priority emitter, or the community is
23 already identified as overburdened.
24 (d) Indirect source review.
25 (1) No later than 12 months after the effective date
26 of this amendatory Act of the 103rd General Assembly, the

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1 Agency shall adopt rules requiring all regulated
2 facilities to implement an air emissions reduction plan.
3 (2) In crafting such rules and regulations, the Agency
4 shall create a methodology to determine the emissions at
5 each regulated facility during the compliance period.
6 Actual data at a regulated facility shall be collected by
7 the regulated facility operator using methods that provide
8 a verifiable and representative record. Annual emissions
9 shall include on-site vehicle emissions (including moving,
10 idling, and operation of auxiliary generating units,
11 whether or not vehicles ever leave the facility) and
12 on-site combustion emissions.
13 (3) The Agency shall require any new development that
14 would be a regulated facility when operational to first
15 obtain a permit demonstrating that it will be in
16 compliance with rules and regulations concerning indirect
17 sources in the state.
18 (4) In crafting such rules and regulations, the Agency
19 shall create a points system under which regulated
20 facilities must earn points based on the amount of
21 emissions generated trips at the facility, and develop
22 mitigation options for facilities to earn points.
23 Mitigation options shall include:
24 (A) acquiring zero-emissions trucks;
25 (B) using zero-emissions trucks at the regulated
26 facility or in truck trips to and from the regulated

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1 facility;
2 (C) installing electric charging infrastructure;
3 (D) using electric charging infrastructure;
4 (E) requiring use of zero-emissions vehicles on
5 site;
6 (F) using alternatives to truck trips for incoming
7 or outgoing trips such as e-cargo bikes or light duty
8 electric vehicles;
9 (G) installing on-site solar power generation,
10 electricity storage, and managed charging systems;
11 (H) installing and maintaining MERV 16 or greater
12 filters systems in schools, day care centers,
13 hospitals, community centers, or residences within
14 one-half mile of a regulated facility;
15 (I) eliminating cooking, heating, hot water, or
16 generator combustion emissions by replacing appliances
17 and equipment at the regulated facility or at
18 buildings within one-half mile of a regulated
19 facility; and
20 (J) reducing transport emissions for regulated
21 facility neighbors by contributing to and maintaining
22 docked e-bike share, electric vehicle (EV)
23 ride-sharing, or public transportation.
24 (5) The Agency shall also consider greater stringency
25 for all census blocks where transport-related pollution is
26 responsible for 15% or greater of new cases of childhood

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1 asthma.
2 (6) In crafting such rules and regulations, the Agency
3 shall impose more stringent requirements for all regulated
4 facilities located in or within one-half mile of an
5 overburdened community, after consulting with overburdened
6 communities and those communities' leaders.
7 (7) In crafting such rules and regulations, the Agency
8 shall assess and report on when regulated facilities will
9 reach zero on-site emissions.
10 (e) Fee and point system guidelines.
11 (1) In adopting rules that rely on points, the Agency
12 shall not allow the transfer of points between facilities.
13 If a warehouse operator earns more points than is required
14 for an annual points compliance obligation in a given
15 reporting period, then it may use those remaining points
16 at the same warehouse to satisfy a points compliance
17 obligation in any of the following 3 years.
18 (2) Operators transferring points to a different
19 compliance period must demonstrate that any on-site
20 improvements or equipment installations that were used to
21 earn the points being transferred are still operational at
22 that facility in the year that points are used.
23 (3) Points earned 3 years or less before an operator's
24 first compliance period may be banked and transferred up
25 to 3 years after the operator's first compliance period.
26 This early compliance must be documented in an annual

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1 report immediately following the year in which the action
2 or investment was completed.
3 (4) regulated facilities that manage a truck trip to
4 or from an overburdened community shall have 25% higher
5 points compliance obligations.
6 (5) When considering alternatives to truck trips for
7 incoming or outgoing trips, the operator shall consult
8 impacted and displaced workers in selecting an alternative
9 to truck trips and shall only use an alternative upon
10 agreement with the impacted and displaced workers. If
11 employees in a regulated facility have an exclusive
12 bargaining unit representative and the bargaining unit or
13 the terms of the collective bargaining agreement would be
14 impacted by the use of an alternative, then the operator
15 shall consult with and obtain agreement from the employees
16 who are impacted, displaced, or both and the
17 representative, in writing, before using the alternative.
18 (f) Permitting.
19 (1) The Agency shall be in charge of permit issuance.
20 Permits shall be reviewed at a minimum every 3 years for
21 facilities in designated overburdened communities, and
22 every 5 years in other locations.
23 (A) Permits shall only be issued if a regulated
24 facility has paid its registration fee and will meet
25 its compliance obligations.
26 (B) Permits shall only be reissued if a regulated

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1 facility has paid its registration fee and met its
2 compliance obligations or paid the associated fines if
3 not meeting compliance obligations.
4 (2) The issuance of permits shall consider the
5 following:
6 (A) Cumulative impact borne by the community
7 within one-half mile of the proposed facility, if
8 available;
9 (B) Monitoring data, including FRM, fence line,
10 and satellite data;
11 (C) Modeled emissions rates for facility
12 activities, integrating inputs such as truck counts
13 and on-site activities such as idling;
14 (D) Recommendations of the Commission.
15 (3) At any time, a permit review can be triggered at
16 the request of the Commission, an overburdened community,
17 or community representative that presents compelling
18 quantitative evidence, such as truck counts or monitoring
19 data, or qualitative evidence, such health surveys or
20 focus groups, that shows a facility is contributing to
21 cumulative burden.
22 (4) The Agency shall issue additional rules
23 determining under what circumstances a facility may have
24 its permit revoked. Permits shall not be issued or renewed
25 until the regulated facility is in compliance including
26 payment of any fines or fees.

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1 (5) The Agency shall require a regulated facility to
2 obtain a modified permit if the regulated facility has any
3 development or major modification that would increase the
4 emissions from activities at the facility.
5 (6) The Agency shall require regulated facilities, as
6 a permit condition, to annually report all information
7 needed by the Agency to fulfill its obligations.
8 (g) Impacts and sources.
9 (1) The Agency shall, in collaboration with the
10 Department of Public Health, disclose air pollution
11 impacts on maternal, infant, and child health and health
12 disparities by census block group or smaller. The Agency
13 shall make available clear information on health symptoms
14 and outcomes. Metrics reported on shall include, but shall
15 not be limited to, the following:
16 (A) the number of emergency room visits due to
17 pollution- related illness;
18 (B) the number of diagnoses of pollution-related
19 ailments; and
20 (C) the number of missed work and school days.
21 (2) The Agency shall, in collaboration with the State
22 Board of Education, disclose air pollution impacts on
23 educational attainment. Metrics reported on at the census
24 block level include, but shall not be limited to:
25 (A) school attendance;
26 (B) academic performance; and

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1 (C) graduation rates.
2 (3) The Agency shall, in collaboration with the
3 Department, disclose air pollution impacts on the economy.
4 Metrics that shall be reported on at the census block
5 level include, but are not limited to:
6 (A) labor force participation, measured in missed
7 workdays;
8 (B) labor force productivity; and
9 (C) inflation and tax revenues.
10 (4) The Agency shall disclose the sources of air
11 pollution at the granularity of census block group or
12 greater.
13 (5) The Agency shall disclose the jurisdiction with
14 authority over mitigation of emissions from each type of
15 emissions source.
16 (6) The Agency shall, in collaboration with the
17 Department of Labor, Department of Financial and
18 Professional Regulation, and other relevant agencies,
19 annually publish a list of warehouses and other
20 truck-attracting facilities that will include the
21 following information, which shall be annually reported by
22 the facilities:
23 (A) location;
24 (B) facility square footage;
25 (C) operator name;
26 (D) owner name;

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1 (E) secured lender name;
2 (F) number of loading docks;
3 (G) compliance status;
4 (H) documented labor violations;
5 (I) the number of electric vehicle charging
6 stations installed and actual usage;
7 (J) the number of hydrogen fueling stations
8 installed and actual usage;
9 (K) the number of on-site renewable energy
10 generation systems installed;
11 (L) the number of vehicles used to deliver from
12 the site that are owned by the operator but leased to a
13 third-party and the proportion of those vehicles that
14 are leased and the proportion that are owned by the
15 operator;
16 (M) the average daily number of inbound and
17 outbound vehicle trips by vehicle weight and class, by
18 time of day, and by day of the week;
19 (N) the average daily vehicle miles traveled for
20 all vehicles making inbound and outbound trips;
21 (O) total number, age, race and ethnicity of
22 residents within 0.5 mile;
23 (P) site profit;
24 (Q) sum of tax subsidies;
25 (R) the number of jobs at the facility, including
26 drivers and others employed by third-party

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1 contractors, with a breakdown of percentage of
2 part-time and full-time employees, independent
3 contractors, unionized and non-union employees;
4 (S) the percentage of vehicles used, specifying
5 on-road vehicles and off-road vehicles as well as
6 weight and vehicle class, that are zero emissions;
7 (T) the identity of subcontractors who conduct
8 more than 10% of total delivery vehicle trips from the
9 site, including the entity name, principal officers,
10 business address and contact information, and total
11 number of employees; and
12 (U) any other information necessary to effectively
13 implement and enforce any rule or regulation
14 promulgated pursuant to this Section. The annual
15 report shall be consistent with consistent with the
16 transparency requirements in subsection (l).
17 (i) Insights, Jobs, and Environmental Justice Grant
18Program. The Agency shall create and administer an Insights,
19Jobs, and Environmental Justice Grant Program. The Insights,
20Jobs, and Environmental Justice Grant Program shall be
21designed to:
22 (1) identify overburdened communities, in
23 collaboration with residents of overburdened communities,
24 representatives of those communities, or both;
25 (2) deploy an air monitoring network to collect
26 sufficient air quality data for review and accountability;

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1 and
2 (3) identify sources and impacts of concern to
3 communities.
4 The Agency shall provide staff support for design of a
5monitoring program, co-location of instruments, implementation
6of data methods, analysis, grant facilitators, grant writing,
7capacity building, outreach and communication. Applications
8for grants programs should be as simple and streamlined as
9possible to maximize participation. Application forms and
10applications should be reviewed by the Commission to ensure
11accessibility and appropriateness of awards.
12 (j) Insights analysis program.
13 (1) In 2025 and every 2 years thereafter, the Agency
14 must conduct a review to determine levels of criteria
15 pollutants in the overburdened communities and in median
16 comparison neighborhoods. Unredacted reviews must be made
17 accessible to the public in full, unless necessary to
18 comply with confidentiality restrictions, and must be
19 posted on a publicly available, multilingual website.
20 Reviews must include an evaluation of initial and
21 subsequent impacts related to criteria pollution in
22 overburdened communities and in comparison to median
23 comparison neighborhoods and may also include climate
24 impacts in overburdened communities.
25 (2) The Agency, in collaboration with the Department
26 and the Board, must identify significant emitters and

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1 their parent companies, extent and kind of emissions.
2 (3) The Agency shall identify or develop models for
3 emissions inventories from regulated facilities; tools
4 usable by communities to attribute air pollution to
5 different sources and industries; and models to describe
6 on-site activities by an emissions rate, such as grams per
7 hour or tons per year.
8 (k) Funding.
9 (1) The Board shall impose an annual registration fee
10 for regulated facilities, and institute additional fines
11 for regulated facilities that fail to comply with any
12 rules or regulations promulgated pursuant to this Section.
13 (2) The fees and fines shall be made payable to the
14 Environmental Protection Trust Fund.
15 (3) The minimum registration fee shall be set at a
16 level sufficient to ensure the Agency has the resources to
17 conduct all activities specified in this Act.
18 (4) A portion of funds, to be determined by
19 consultation with overburdened community representatives
20 and approved by the Commission, shall be used to fund the
21 Insights, Jobs, and Environmental Justice Grant Program
22 established under this Section; and materials necessary to
23 provide education on monitoring, air quality, and impacts
24 of pollution in overburdened communities.
25 (5) The Environmental Protection Trust Fund is
26 authorized to make all payments to achieve the purposes of

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1 this Section.
2 (l) Public participation and transparency.
3 (1) The Agency shall provide a public participation
4 process, including, but not limited to:
5 (A) public notice of the submission of permit
6 applications or revisions, overburdened community
7 permit review request, requests for new FEM or FRM
8 monitors, or co-location of monitors;
9 (B) posting, on a public website in
10 machine-readable format, the full permit application,
11 revision, or review request, or request for monitor or
12 co-location, the draft and final findings by the
13 consulted agencies, and the agencies' response to
14 comments;
15 (C) an opportunity for the submission of public
16 comments;
17 (D) an opportunity for a public hearing before a
18 determination;
19 (E) a summary and response of the comments
20 prepared by the consulted agencies; and
21 (F) communications between impacted communities
22 must be in English and any language that 10% or more of
23 non-English speaking residents speak.
24 (2) The Agency shall track progress on reduction of
25 emissions from regulated facilities in an easily
26 accessible format.

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1 (m) Investigation.
2 (1) The Agency shall conduct an annual investigation
3 of a random selection of at least 3% of regulated
4 facilities in non-overburdened communities. The Agency
5 shall conduct an annual investigation of at least 7% of
6 all regulated facilities sources in overburdened
7 communities. The Agency shall conduct an annual
8 investigation of any regulated facilities with more than
9 500 children under the age of 5 living within one-half
10 mile. Communities may request an investigation. This
11 request shall be granted as of right if the source is
12 already identified as a high priority emitter or the
13 community is already identified as an overburdened
14 community. The results of any investigation shall be made
15 public along with any recommended or required mitigation
16 actions.
17 (2) An investigation shall consist of the following:
18 (A) review of fence line monitoring data;
19 (B) an analysis of satellite data;
20 (C) updates on land use, truck counts and ages,
21 and duration of idling, and other inputs into
22 emissions inventories;
23 (D) the identification of defeat devices installed
24 on trucks;
25 (E) determination of annual emissions rate from
26 the source and expected concentration enhancements

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1 from the source at one-half and one mile distance; and
2 (F) other metrics identified as important by
3 community representatives.
4 (n) Beneficial electrification based on health and equity
5insights.
6 (1) Community monitoring, fence line monitoring,
7 meteorological data, and analysis of satellite data shall
8 all be considered when identifying priority communities
9 for beneficial electrification.
10 (2) New and modified facilities shall be ready for
11 zero-emissions operations. The Agency shall issue
12 guidelines specifying how new and modified facilities
13 shall include:
14 (i) on-site solar power generation;
15 (ii) battery storage; and
16 (iii) a managed charging system.
17 (o) Standing for Citizen Suits. Any resident within
18one-half mile of a regulated facility shall have standing in a
19civil suit to secure the protections of this Section. If a
20legal proceeding determines that a regulated entity
21misrepresented statements, beyond a de minimis error, or has
22not met a compliance obligation under this Section, the party
23who brought the suit shall be entitled to attorneys' fees and
24twice the value of the annual fees owed by the facility for the
25year the suit was brought.
26 (p) Severability. If any provision of this Section or its

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1application to any person or circumstance is held invalid, the
2invalidity does not affect other provisions or applications of
3this Section which can be given effect without the invalid
4provision or application, and to this end the provisions of
5this Section are severable.
6 Section 10. The Environmental Justice Act is amended by
7changing Section 10 as follows:
8 (415 ILCS 155/10)
9 Sec. 10. Commission on Environmental Justice.
10 (a) The Commission on Environmental Justice is established
11and consists of the following 24 voting members:
12 (1) 2 members of the Senate, one appointed by the
13 President of the Senate and the other by the Minority
14 Leader of the Senate, each to serve at the pleasure of the
15 appointing officer;
16 (2) 2 members of the House of Representatives, one
17 appointed by the Speaker of the House of Representatives
18 and the other by the Minority Leader of the House of
19 Representatives, each to serve at the pleasure of the
20 appointing officer;
21 (3) the following ex officio members: the Director of
22 Commerce and Economic Opportunity or his or her designee,
23 the Director of the Environmental Protection Agency or his
24 or her designee, the Director of Natural Resources or his

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1 or her designee, the Director of Public Health or his or
2 her designee, the Secretary of Transportation or his or
3 her designee, and a representative of the housing office
4 of the Department of Human Services appointed by the
5 Secretary of Human Services; and
6 (4) 14 members appointed by the Governor who represent
7 the following interests:
8 (i) at least 4 members of affected communities
9 concerned with environmental justice;
10 (ii) at least 2 members of business organizations
11 including one member representing a statewide
12 organization representing manufacturers and one member
13 representing an organization representing the energy
14 sector;
15 (iii) environmental organizations;
16 (iv) experts on environmental health and
17 environmental justice;
18 (v) units of local government;
19 (vi) members of the general public who have an
20 interest or expertise in environmental justice; and
21 (vii) at least 2 members of labor organizations
22 including one member from a statewide labor federation
23 representing more than one international union and one
24 member from an organization representing workers in
25 the energy sector.
26 (b) Of the initial members of the Commission appointed

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1 by the Governor, 5 shall serve for a 2-year term and 5
2 shall serve for a 1-year term, as designated by the
3 Governor at the time of appointment. The members appointed
4 by the Governor for terms beginning before the effective
5 date of this amendatory Act of the 102nd General Assembly
6 shall serve 2-year terms. Members appointed by the
7 Governor for terms beginning on or after the effective
8 date of this amendatory Act of the 102nd General Assembly
9 shall serve 4-year terms. Vacancies shall be filled in the
10 same manner as appointments. Members of the Commission
11 appointed by the Governor may not receive compensation for
12 their service on the Commission and are not entitled to
13 reimbursement for expenses.
14 (c) The Governor shall designate a Chairperson from among
15the Commission's members. The Commission shall meet at the
16call of the Chairperson, but no later than 90 days after the
17effective date of this Act and at least quarterly thereafter.
18 (d) The Commission shall:
19 (1) advise State entities on environmental justice and
20 related community issues;
21 (2) review and analyze the impact of current State
22 laws and policies on the issue of environmental justice
23 and sustainable communities;
24 (3) assess the adequacy of State and local laws to
25 address the issue of environmental justice and sustainable
26 communities;

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