Bill Text: IL HB5013 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Environmental Protection Act. Establishes the Health and Equity Advisory Council. Provides that the Council shall make initial findings, conclusions, and recommendations regarding environmental justice to the General Assembly by no later than June 30, 2026, and shall make annual reports to the General Assembly no later than June 30 of each year thereafter. Describes the Council's composition. Provides that the Environmental Protection Agency shall conduct truck counting and facility emissions monitoring. Provides that, no later than 12 months after the effective date of the amendatory Act, the Agency shall adopt rules providing for the facility-by-facility review of regulated facilities, along with a menu of measures to reduce the impact of air pollution. Provides guidelines for a fee and point system. Requires the Agency to disclose air pollution impacts on maternal, infant, and child health; educational attainment; and the economy. Establishes the Insights, Jobs, and Environmental Justice Grant Program. Outlines the purpose and application of the grant program. Establishes the Insights Analysis Program and details its purpose, function, and duties. Requires the Agency to conduct a public participation process in order to maintain transparency of the program's progress. Requires the Agency to annually publish a list of warehouses and truck-attracting facilities and details the information that must be included on the list. Requires the Agency to conduct annual investigations of a random selection of at least 5% of all stationary and indirect sources in non-overburdened communities. Requires that the results of the investigation be made public and details the metrics to be included in the investigations.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-05-10 - Added Co-Sponsor Rep. Elizabeth "Lisa" Hernandez [HB5013 Detail]

Download: Illinois-2023-HB5013-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5013 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED:
415 ILCS 5/9.20 new
Amends the Environmental Protection Act. Establishes the Health and Equity Advisory Council. Provides that the Council shall make initial findings, conclusions, and recommendations regarding environmental justice to the General Assembly by no later than June 30, 2026, and shall make annual reports to the General Assembly no later than June 30 of each year thereafter. Describes the Council's composition. Provides that the Environmental Protection Agency shall conduct truck counting and facility emissions monitoring. Provides that, no later than 12 months after the effective date of the amendatory Act, the Agency shall adopt rules providing for the facility-by-facility review of regulated facilities, along with a menu of measures to reduce the impact of air pollution. Provides guidelines for a fee and point system. Requires the Agency to disclose air pollution impacts on maternal, infant, and child health; educational attainment; and the economy. Establishes the Insights, Jobs, and Environmental Justice Grant Program. Outlines the purpose and application of the grant program. Establishes the Insights Analysis Program and details its purpose, function, and duties. Requires the Agency to conduct a public participation process in order to maintain transparency of the program's progress. Requires the Agency to annually publish a list of warehouses and truck-attracting facilities and details the information that must be included on the list. Requires the Agency to conduct annual investigations of a random selection of at least 5% of all stationary and indirect sources in non-overburdened communities. Requires that the results of the investigation be made public and details the metrics to be included in the investigations.
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A BILL FOR
HB5013 LRB103 36384 LNS 66485 b
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 9.20 as follows:
(415 ILCS 5/9.20 new)
Sec. 9.20. Health and equity insights.
(a) Findings. The General Assembly finds that:
(1) pollution is distributed unevenly, impacts
overburdened communities disproportionately, and varies on
a block-by-block basis;
(2) disparities in impact are often missed by standard
monitoring practices;
(3) identifying locations that attract high numbers of
medium-duty vehicles and heavy-duty vehicles is crucial to
mitigate emissions significantly;
(4) investment and policy development decisions must
be made with communities and environmental justice
advocates in order to reliably, effectively, and
accurately prioritize impacted communities; and
(5) collaboration with impacted communities must
continue through implementation of policy solutions that
are designed with those same communities.

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(b) Definitions. In this Section:
"Agency" means the Illinois Environmental Protection
Agency.
"Board" means the Illinois Pollution Control Board.
"Community air quality monitoring" means the deployment of
low-cost sensors at the neighborhood level to better identify
and mitigate the large disparities in pollution exposure and
health outcomes that can occur at the local level.
"Continuous fenceline air quality monitoring" means
monitoring that is located on-site, that is not switched on
and off, and that consistently collects data 24 hours a day, 7
days a week unless paused for repair, calibration, or
servicing.
"Council" means the Health and Equity Advisory Council
established under this Section.
"Department" means the Illinois Department of Commerce and
Economic Opportunity.
"Federal Equivalent Method" or "FEM" means a method that
is used for measuring the concentration of an air pollutant in
the ambient air and that has been designated as an equivalent
method to the Federal Reference Method.
"Federal Reference Method" or "FRM" means a method of
monitoring that is certified as regulatory grade and that
employs strict measurement standards and performance
standards. FRM monitors are generally used by regulatory
bodies, such as the United States Environmental Protection

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Agency.
"Local authority" means a State or local governmental
entity with the authority to enable mobile monitoring as a
complement to stationary and meteorological monitoring.
"Meteorological monitoring" means monitoring for
meteorological data, such as wind speed and direction.
"Overburdened communities" has the same meaning as
"environmental justice community" as defined and as may be
updated in the long-term renewable resources procurement plan
of the Illinois Power Agency and its Program Administrator
under the Illinois Solar for All Program.
"Regulated facility" means the following:
(1) any facility that is at least 100,000 square feet
in size;
(2) any set of facilities with a common owner or
operator that, in the aggregate, is at least 500,000
square feet in size; and
(3) any facility that is deemed by the Agency, after
consultation with affected communities, to threaten local
health either because of its individual impact or its
contribution to a cumulative impact.
"Satellite air quality monitoring" means monitoring,
conducted by one or more satellites, to measure the
concentration of airborne particles, such as aerosols, in the
atmosphere through observations of how much light reaches the
surface of the Earth and how much light is reflected off of the

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aerosols.
"Significant emitters" means the stationary, indirect, and
mobile sources that are the greatest contributors to
health-harming pollutants.
"Truck trip" means the one-way trip a truck or tractor
makes to or from a site with at least one warehouse to deliver
or collect goods stored at that warehouse for later
distribution to other locations. A truck or tractor entering a
warehouse site and then leaving that site constitutes 2 trips.
"Truck-attracting facility" means a property, including,
but not limited to, parking areas and driving lanes, for
trucks, trailers, or passenger vehicles.
"Truck-attracting facility" includes:
(1) a warehouse, distribution center, or intermodal
facility on the property, including, but not limited to, a
main building, an accessory building, or both;
(2) an entry-and-exit point for vehicle accessory
maintenance or a security building; and
(3) fueling or charging infrastructure for vehicles.
"Truck count" means an accounting of the number of trucks
traveling through a designated intersection.
(c) Health and Equity Advisory Council.
(1) The Health and Equity Advisory Council is hereby
established. The Council shall:
(A) make findings, conclusions, and
recommendations regarding environmental justice in the

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State and uses of federal funds provided to the State
for environmental justice;
(B) file with the General Assembly, in accordance
with Section 3.1 of the General Assembly Organization
Act, by no later than June 30, 2026, an initial report
that is consistent with the transparency provisions of
subsection (k) and that delineates the Council's
findings, conclusions, and recommendations; and
(C) after the initial report under subparagraph
(B), file with the General Assembly, in accordance
with Section 3.1 of the General Assembly Organization
Act, by June 30, 2026 and June 30 of each year
thereafter, an annual report that is consistent with
the transparency provisions of subsection (k) and that
delineates the Council's findings, conclusions, and
recommendations.
(2) Voting members of the Council shall be appointed
by the Governor by no later than 60 days after the
effective date of this amendatory Act of the 103rd General
Assembly. If a vacancy occurs on the Council, the vacancy
shall be filled in a manner that is consistent with the
original appointments. The Council shall consist of the
following voting members:
(A) 4 members, appointed as follows, who
represent, when possible, disadvantaged communities:
(i) one member appointed by the Speaker of the

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House of Representatives, who shall serve as
co-chairperson;
(ii) one member appointed by the President of
the Senate, who shall serve as co-chairperson;
(iii) one member appointed by the Minority
Leader of the Senate;
(iv) one member appointed by the Minority
Leader of the House of Representatives;
(B) the Director of Public Health or his or her
designee;
(C) the Secretary of Human Services or his or her
designee;
(D) the Secretary of Transportation or his or her
designee; and
(E) at least 2 representatives of communities with
heavy truck traffic.
Additional individuals may be appointed as voting
members of the Council with the approval of both
co-chairpersons.
(3) The Council may, at the discretion of the Council,
add the following nonvoting members:
(A) one representative of a labor organization;
(B) one representative of a statewide organization
representing manufacturers;
(C) 2 representatives of faith-based
organizations; and

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(D) 2 representatives of health organizations.
Additional individuals may participate as nonvoting
members of the Council at the discretion of both
co-chairpersons.
(d) Truck counting and other monitoring.
(1) Each year, the Agency shall conduct truck counting
on a representative sample of local roads where trucks
enter or exit a truck-attracting facility. If possible,
the truck counts must include the class and age of the
trucks counted. Truck-counting efforts shall build on
existing efforts by community and environmental justice
organizations and shall be conducted in consultation with
those same entities. Any consultant hired by the Agency to
conduct truck counting shall be approved by the Council.
The Agency shall also take into consideration the
experience of communities in deciding where to site
monitors and how to move forward on subsequent policy
development and implementation.
(2) A truck-attracting facility must continuously
monitor on-site emissions for diesel particulate matter
and nitrogen oxides. Monitoring must be conducted using at
least 4 continuous fenceline monitors spaced as far apart
as possible from one another around the perimeter of the
truck-attracting facility.
(3) Within one year after the effective date of this
amendatory Act of the 103rd General Assembly, the Agency

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shall cite Federal Reference Methods (FRM) and Federal
Equivalent Methods (FEM) established under 40 CFR Part 53,
informed by satellite and community data when available,
when determining the placement of air monitoring devices
at truck-attracting facilities.
(4) The Agency shall not announce in advance the days
when federal reference monitors are collecting data or the
days when mobile or meteorological monitoring is taking
place, if the Agency does not already continuously collect
data from those monitors or through that monitoring. The
Agency shall identify which federal reference monitors in
the State are not collecting data continuously. The Agency
shall transition all instruments to continuous monitoring
within 2 years upon determining which monitors are not
collecting data continuously.
(5) The Agency must create a process for community
representatives or companies to co-locate monitoring
equipment at FRM monitors or FEM monitors managed or owned
by the State. Communities may request a new FRM monitor or
FEM monitor. This request may be based on satellite or
low-cost local data, health data, data concerning recent
changes in land use, or other qualitative or quantitative
metrics identified by overburdened communities. This
request should be granted as of right if the data shows the
source is already identified as a high-priority emitter,
or the community is already identified as overburdened.

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(e) Indirect source review.
(1) No later than 12 months after the effective date
of this amendatory Act of the 103rd General Assembly, the
Agency shall adopt rules providing for the
facility-by-facility review of regulated facilities, along
with a menu of measures to reduce the impact of air
pollution from these indirect sources. The Agency shall
consider measures, including, but not limited to,
requiring all warehouse operators to implement an air
emissions reduction plan developed or approved by the
Agency in consultation with community representatives and
mitigation options, such as installing infrastructure and
requiring use of zero-emission vehicles on-site; using
alternatives to truck trips for incoming or outgoing
trips; installing on-site solar power generation,
electricity storage, and managed charging systems; or any
combination of these types of measures. The Agency shall
also consider greater stringency for all census blocks
where transport-related pollution is responsible for 20%
or greater of new cases of childhood asthma and all
warehouses located within a half mile of an overburdened
community, as determined by the Agency after consulting
with overburdened communities and community leaders.
(2) Once the rules described in paragraph (1) are
adopted, the Agency shall require a regulated facility to
obtain a permit demonstrating that it will comply with

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rules and regulations concerning indirect sources in the
State if the regulated facility has any development or
major modification that would increase the pollution
related to the facility.
(f) Fee and point system guidelines.
(1) The Agency shall create a points system under
which warehouse operators must earn points based on the
amount of emissions generated by trucks at their
facilities, and for implementing mitigation options, such
as installing infrastructure, requiring use of
zero-emission vehicles on-site, using alternatives to
truck trips for incoming or outgoing trips, providing air
filtration for neighbors of facilities, and installing
on-site solar power generation, electricity storage, and
managed charging systems.
(2) The Agency shall not allow the transfer of points
between facilities. If a warehouse operator earns more
points than is required for an annual points compliance
obligation in a given reporting period, then it may use
those remaining points at the same warehouse to satisfy a
points compliance obligation in any of the following 3
years.
(3) Warehouse operators transferring points to a
different compliance period must demonstrate that any
on-site improvements or equipment installations that were
used to earn the points being transferred are still

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operational at that warehouse facility in the year that
points are used.
(4) Points earned 3 years or less before a warehouse
operator's first compliance period may be banked and
transferred up to 3 years after the warehouse operator's
first compliance period. This early compliance must be
documented in an annual report immediately following the
year in which the action or investment was completed.
(5) The minimum registration fee established under
subsection (j) shall be set at a level sufficient to
reimburse public and private insurance plans and facility
neighbors for health care and associated expenditures due
to facility operations, including truck activity at the
facility. Fee investment shall be prioritized in the
community where the fees were levied unless consultation
with communities reveals an alternative location is more
appropriate.
(6) A portion of funds, to be determined by
consultation with community representatives, shall be used
to fund the Insights, Jobs, and Environmental Justice
Grant Program established under this Section; fenceline
monitors; and materials necessary to provide education on
monitoring, air quality, and impacts of pollution in
communities.
(7) When considering alternatives to truck trips for
incoming or outgoing trips, the warehouse operator shall

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consult impacted and displaced employees in selecting an
alternative to truck trips and shall only use an
alternative upon agreement with the impacted and displaced
employees. If employees in the warehouse have an exclusive
bargaining unit representative and the bargaining unit or
the terms of the collective bargaining agreement would be
impacted by the use of an alternative, then the warehouse
operator shall consult with and obtain agreement from the
employees who are impacted, displaced, or both and the
representative, in writing, before using the alternative.
(g) Health impacts.
(1) The Agency shall disclose air pollution impacts on
maternal, infant, and child health and health disparities
at the granularity of census block group or greater, in
line with the transparency requirements of subsection (k).
The Agency shall provide clear information on health
symptoms and outcomes. Metrics reported on at the census
block level shall include, but shall not be limited to,
the following:
(A) the number of emergency room visits due to
pollution-related illness;
(B) the number of diagnoses of pollution-related
ailments; and
(C) the number of missed work and school days.
(2) The Agency shall disclose air pollution impacts on
educational attainment. Metrics reported on at the census

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block level include, but shall not be limited to:
(A) school attendance;
(B) academic performance; and
(C) graduation rates at the granularity of census
block group or greater.
(3) The Agency shall disclose air pollution impacts on
the economy. Metrics that shall be reported on at the
census block level include, but are not limited to:
(A) labor force participation, measured in missed
workdays;
(B) labor force productivity; and
(C) inflation and tax revenues.
(3) The Agency shall disclose the sources of air
pollution at the granularity of census block group or
greater.
(4) The Agency shall disclose the jurisdiction with
authority over mitigation of emissions from each type of
emissions source.
(h) Insights, Jobs, and Environmental Justice Grant
Program. The Agency shall create and administer an Insights,
Jobs, and Environmental Justice Grant Program. The Insights,
Jobs, and Environmental Justice Grant Program shall be
designed to:
(1) identify overburdened communities, in
collaboration with residents of overburdened communities,
representatives of those communities, or both;

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(2) deploy an air monitoring network to collect
sufficient air quality data for review and accountability
for reductions; and
(3) identify sources and impacts of concern to
communities.
Applications for grants from the Insights, Jobs, and
Environmental Justice Grant Program should be as simple and
streamlined as possible to maximize participation. Application
forms and applications should be reviewed by the Advisory
Council to ensure accessibility and appropriateness of awards.
(i) Insights Analysis Program.
(1) In 2025 and every 2 years thereafter, the Agency
must conduct a review to determine levels of criteria
pollutants in the overburdened communities and in median
comparison neighborhoods. Unredacted reviews must be made
accessible to the public in full, unless necessary to
comply with confidentiality restrictions, and must be
posted on a publicly available, multilingual website.
Reviews must include an evaluation of initial and
subsequent impacts related to criteria pollution in
overburdened communities and in comparison to median
comparison neighborhoods and may also include climate
impacts in overburdened communities.
(2) The Agency, in collaboration with the Department
and the Board, must identify significant emitters and
their parent companies; must identify and quantify the

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health implications of the persistent air pollution; must
identify local educational outcomes of inequitable air
pollution; must identify local economic outcomes of
inequitable air pollution, such as lost labor
productivity, displaced residents, and tax base
implications; and must develop a high-priority list of
significant emitters and kinds of emissions.
(3) Where the Agency is unable to identify sources,
health, educational and economic implications of
pollution, the Agency must identify key areas of
uncertainty and propose a research agenda to achieve the
unrealized insights.
(4) The Agency shall identify or develop models for
emissions inventories from ports and warehouses as
indirect stationary sources; tools usable by communities
to attribute air pollution to different sources and
industries' models to translate concentration readings
from non-regulatory monitors; and other inputs, such as
meteorological data, for emissions rates, such as pounds
per hour or tons per year.
(j) Funding.
The Board shall impose an annual registration fee for
warehouse operators, and institute additional fees for
warehouse operators that fail to comply with any rules or
regulations promulgated pursuant to this Section. Fines for
noncompliance with this Section shall be used for the

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Insights, Jobs, and Environmental Justice Grant Program,
described in subsection (h), as well as needs identified
through consultations with impacted communities, including,
but not limited to, investment in infrastructure, other
pollution mitigation measures, monitoring, and healthcare. The
fees and fines shall be made payable to the Environmental
Protection Trust Fund.
(k) Public participation and transparency.
(1) The Agency shall provide a public participation
process, including, but not limited to:
(A) public notice of the submission of permit
applications to assess potential additional
contributions to any cumulative impacts;
(B) posting, on a public website in
machine-readable format, the full permit application,
the draft and final findings by the consulted
agencies, and the agencies' response to comments;
(C) an opportunity for the submission of public
comments;
(D) an opportunity for a public hearing before a
determination; and
(E) a summary and response of the comments
prepared by the consulted agencies.
(2) The Agency shall track progress in an easily
accessible format and shall provide a transparent and
publicly available rationale for policy and regulatory

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decisions and shall describe the extent to which community
engagement and collected data informed those decisions.
Such information must be updated on a quarterly basis. If
progress is deemed insufficient by the Advisory Council
described in subsection (c), the Agency shall be required
to undertake remedial actions and, where appropriate,
identify metrics of progress, as designated by the
Advisory Council to ensure achievement of the provisions
of this Section.
(l) Published list. The Agency shall annually publish a
list of warehouses and other truck-attracting facilities that
will include the following information, which will be annually
reported by the facilities:
(1) location;
(2) facility square footage;
(3) operator name;
(4) owner name;
(5) secured lender name;
(6) number of truck bays;
(7) compliance status;
(8) documented labor violations;
(9) the number of electric vehicle charging stations
installed and actual usage;
(10) the number of hydrogen fueling stations installed
and actual usage;
(11) the number of on-site renewable energy generation

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systems installed;
(12) the number of vehicles used to deliver from the
site that are owned by the operator but leased to a
third-party and the proportion of those vehicles that are
leased and the proportion that are owned by the operator;
(13) the average daily number of inbound and outbound
vehicle trips by vehicle weight and class, by time of day,
and by day of the week; and
(14) the average daily vehicle miles traveled for all
vehicles making inbound and outbound trips to and from the
qualifying warehouse.
(m) Enforcement; investigation.
(1) The Agency shall conduct an annual investigation
of a random selection of at least 5% of all stationary and
indirect sources in non-overburdened communities. The
Agency shall conduct an annual investigation of at least
10% of all stationary and indirect sources in overburdened
communities. The Agency shall conduct an annual
investigation of any stationary or indirect source with
more than 500 children under the age of 5 living within
one-half mile of the source. Communities may request an
investigation at stationary or indirect sources. This
request shall be granted as of right if the source is
already identified as a high priority emitter or the
community is already identified as an overburdened
community. The results of any investigation shall be made

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