Summary as Introduced
Amends the Environmental Protection Act. Provides that, when determining whether certain local siting review criteria have been met, the county board of the county or the governing body of the municipality, as applicable, shall consider, among other things, vehicle emissions and the potential cumulative impacts created by the addition of the facility to the existing pollution sources, the disparate impacts created by the addition of the facility to existing pollution sources, and the potential disparate impacts on nearby communities. Requires the local siting decisions of the Pollution Control Board to include a written statement describing whether the procedures were conducted by the county board or governing body in a manner that is accessible to the public, including individuals with disabilities and individuals who are not native speakers of English.
Staff Analysis
House Bill 2419 amends the Environmental Protection Act to introduce additional criteria and procedural requirements that county boards and municipal governing bodies must consider when conducting local siting reviews for certain types of facilities.
First, it expands the environmental and community-based factors that local decision-makers must evaluate. In addition to existing siting criteria, they are now required to consider the following:
• Vehicle emissions associated with the proposed facility.
• The potential cumulative impacts of the facility when added to existing pollution sources in the area.
• Disparate impacts created by the new facility in relation to existing pollution burdens.
• Potential disparate impacts specifically on nearby communities, which implies a focus on environmental justice and the equitable distribution of environmental burdens.
These considerations aim to ensure that facility siting decisions take into account broader environmental and social consequences, especially in communities that may already be disproportionately affected by pollution.
Second, the amendment requires that the Pollution Control Board’s local siting decisions include a written statement on whether the public hearing procedures conducted by the county board or municipal body were accessible. This includes accessibility for individuals with disabilities and non-native English speakers. This requirement emphasizes transparency and inclusivity in the public participation process and adds a layer of procedural accountability to ensure that all community members have the opportunity to engage in the siting review process.
Overall, the proposed changes reflect a shift toward more comprehensive environmental assessments and equitable decision-making processes in facility siting.
House Amendment 1 (Tabled)
House Amendment 1 to HB 2419 outlines procedural requirements for how county boards or municipal governing bodies must conduct public hearings related to siting approval.
The provision mandates that the required public hearings be conducted in a way that is accessible to all members of the public. This includes, but is not limited to, ensuring accessibility for individuals with disabilities and for individuals who are not native English speakers. This language emphasizes inclusivity and suggests that accommodations such as translation services, accessible meeting locations, or assistive technologies may be necessary.
After the hearing is completed, the county board or municipal governing body must certify that it complied with these accessibility requirements. This certification must be included as part of the official written record of the hearing. The presence of this certification in the hearing record will serve as prima facie evidence that the accessibility requirements were met. Furthermore, the provision specifies that claims of noncompliance with these accessibility requirements cannot be used as grounds to appeal a siting approval under Section 40.1. This creates a presumption of compliance that is difficult to challenge and limits potential legal challenges on procedural grounds related to accessibility.
House Amendment 2 (Adopted)
House Floor Amendment No. 2 to HB 2419 significantly scales back the changes originally proposed in the bill. Here’s an analysis of what the amendment does:
Key changes made by the amendment:
1. Removes the addition of environmental justice considerations:
The amendment deletes provisions that would have required county boards or governing bodies to evaluate cumulative pollution impacts, disparate environmental impacts, and disparate impacts on nearby communities when considering siting approval for pollution control facilities. This effectively removes a major equity-focused enhancement that had been proposed in the original bill language.
2. Eliminates enhanced traffic flow evaluation requirements:
A proposed change to Section 40.1 of the Environmental Protection Act, which would have added consideration of traffic flows and emissions related to a proposed facility, has been deleted. This removes a layer of environmental and public health scrutiny tied to transportation impacts.
3. Preserves and narrows accessibility provisions for public hearings:
The amendment retains a requirement that public hearings be accessible to individuals with disabilities and non-native English speakers. It mandates certification by the county board or governing body that the accessibility requirements were met, and such certification will be treated as prima facie evidence of compliance. However, it removes the possibility of challenging siting decisions solely based on allegations of non-compliance with these accessibility provisions.
4. Allows traffic emissions studies by IDOT:
The amendment adds a new provision allowing the local governing authority to request the Illinois Department of Transportation to perform emissions studies associated with traffic to and from a proposed facility. This is optional and not a required part of the siting process.
5. Removes changes to siting appeal procedures:
The amendment deletes proposed changes to the appeal process for siting decisions, preserving the status quo under current law.
Summary Impact:
This amendment removes many of the substantive environmental justice and procedural enhancements that were proposed in HB 2419, leaving behind a narrower set of procedural reforms focused on hearing accessibility and optional traffic studies. The changes reduce the burden on facility applicants and local governments.