SB 3732

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Full Text of SB3732
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	SB3732 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3732
Introduced 2/5/2026, by Sen. Rachel Ventura
SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 105/5.1038 new
Creates the Warehouse Pollution Reduction Act. Requires the Environmental Protection Agency to propose and the Pollution Control Board to adopt rules establishing a qualifying warehouse review program. Provides for reporting, recordkeeping, and notice requirements; annual emissions-reduction targets; and a system of points for air-pollution mitigation measures. Requires construction permits for new or modified qualifying warehouses and sets conditions for permit issuance, including zero-emission readiness and buffer requirements near sensitive receptors. Establishes a qualifying warehouse registry and requires public access to reports, notices, and permitting records. Provides for mitigation fees and directs their use in the same geographic area as the site of the qualifying warehouse. Requires the Agency to develop an air-quality modeling program and publish results annually. Creates the Warehouse Pollution Management Fund and provides for fee collection and deposit. Prohibits certain acts, provides civil penalties, authorizes enforcement and citizen suits, and allows recovery of attorney's fees. Limits home rule powers. Amends the State Finance Act to make a conforming change.
LRB104 18135 BDA 31574 b
A BILL FOR
		SB3732		LRB104 18135 BDA 31574 b
1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Warehouse Pollution Reduction Act.
6    Section 5. Definitions. In this Act:
7    "Agency" means the Illinois Environmental Protection
8Agency.
9    "Board" means the Illinois Pollution Control Board.
10    "Fulfillment center" means a facility whose primary
11purpose is storage and distribution of goods to businesses or
12end users, either directly or through a parcel hub.
13    "Overburdened community" has the same meaning as
14"environmental justice community" as defined by, and as may be
15updated in, the long-term renewable resources procurement plan
16of the Illinois Power Agency and its program administrator
17under the Illinois Solar for All Program.
18    "Owner or operator" means any person who owns, leases,
19operates, controls, or supervises a qualifying warehouse.
20    "Parcel hub" means a last-mile facility or similar
21facility whose primary purpose is processing or redistribution
22of goods for delivery directly to consumers or end users, by
23moving a shipment from one mode of transport to a vehicle with
		SB3732	- 2 -	LRB104 18135 BDA 31574 b
1a rated capacity of less than 10,000 pounds.
2    "Parcel sorting facility" means a facility whose primary
3purpose is sorting or redistribution of goods from a
4fulfillment center to a parcel hub.
5    "Qualifying warehouse" means a fulfillment center, parcel
6hub, or parcel sorting facility that is 30,000 square feet or
7greater, whether as originally constructed or as modified; or
8a facility owned or operated by any person, including all
9affiliates of that person, who in the aggregate owns or
10operates 500,000 square feet or more of qualifying warehouse
11space in the State.
12    "Sensitive receptor" means a pre-existing:
13        (1) dwelling, including a private home or residence,
14    apartment, condominium unit, group home, dormitory,
15    nursing home, retirement home, care facility, or any
16    building or structure where at least one natural person or
17    family unit resides;
18        (2) school, including a preschool, prekindergarten, or
19    school maintaining kindergarten or any of grades 1 to 12,
20    inclusive;
21        (3) day care facility, including, but not limited to,
22    in-home day care;
23        (4) public park, playground, recreational area, or
24    facility primarily occupied or used by children;
25        (5) hospital, urgent care, reproductive health center,
26    or any facility that provides health, medical, or senior
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1    services; or
2        (6) overburdened community.
3    "Truck trip" means the one-way trip a class 2b-8 truck or
4tractor makes to or from a facility, where a single truck's or
5tractor's entrance to and subsequent exit from the same
6facility counts as 2 trips (one inbound trip and one outbound
7trip).
8    "Warehouse modification" means a modification to a
9warehouse that adds additional warehouse floor space that may
10be used for warehousing activities, or a change in operations
11of a warehouse that is likely to result in a significant
12increase in air pollution.
13    "ZEV" means any on-road or off-road vehicle powered with a
14zero-emission powertrain that produces zero exhaust emissions
15of any criteria pollutant, precursor pollutant, or greenhouse
16gas in any mode of operation or condition, as determined by the
17Agency.
18    Section 10. Findings. The General Assembly finds that:
19    (1) The State has a longstanding policy to restore,
20protect, and enhance the environment, including the purity of
21the air of this State.
22    (2) The transportation sector accounts for a significant
23proportion of the State's air pollution, including emissions
24of particulate matter and nitrogen oxides that in turn
25generate ozone pollution, and this pollution is associated
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1with serious health impacts for the State's residents.
2    (3) Air pollution is associated with increased health care
3costs and lost workdays, both of which increase financial
4burdens on Illinois households.
5    (4) Warehouses, logistics centers, and other freight
6facilities draw high volumes of trucks, heavy equipment, and
7other sources of diesel pollution, creating air pollution hot
8spots.
9    (5) Air quality in the State's major freight hubs is poor,
10and the State's existing policies have been inadequate to
11address this issue and ensure attainment of federal air
12quality standards.
13    (6) Air pollution levels may vary greatly from one end of a
14block to another, and data from standard monitoring practices
15does not capture these variances or air pollution hot spots.
16    (7) The number of warehouses and other freight facilities
17in the State is growing rapidly.
18    (8) Many communities living near or working at warehouses
19or other freight facilities are lower-income people and people
20of color, and these populations bear a disproportionate burden
21of harms from this activity.
22    (9) Those most at risk from the impacts of air pollution
23from the transportation sector include children, older adults,
24and warehouse workers.
25    (10) Air-quality data alone does not adequately reflect
26the impact of air pollution on the State's residents, and
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1cumulative impact analyses that account for factors including
2age, race, socioeconomic status, and access to health care are
3needed.
4    (11) The State's residents, particularly communities
5living in air-pollution hot spots associated with freight
6activity, have a right to know about freight activities and
7related emissions in their communities to understand the
8health implications and meaningfully participate in
9decision-making related to these facilities.
10    (12) Meaningful participation of State residents is
11critical to ensuring that environmental laws and rules are
12implemented and enforced in a manner that protects and
13improves the well-being of communities most impacted by
14development or operation of warehouses and other freight
15facilities.
16    (13) The federal Clean Air Act expressly reserves state
17authority to regulate aggregate air pollution at indirect
18sources, or sites that attract or may attract mobile sources
19of pollution.
20    (14) It is in the public interest to fund, develop,
21implement, and enforce an indirect source review program for
22mitigating air pollution from freight activity.
23    Section 15. Purposes. This Act has the purposes to:
24    (1) increase transparency about warehouse information and
25ensure people have the right to meaningfully participate in
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1decision-making related to these facilities;
2    (2) protect vulnerable communities from harmful warehouse
3impacts;
4    (3) restore, maintain, and enhance the air quality of this
5State in order to protect residents' health and welfare;
6    (4) regulate air quality and reduce air pollution from
7warehouses to achieve and maintain attainment with federal air
8quality standards;
9    (5) establish and fund an indirect source review program
10that will be developed and enforced with community input; and
11    (6) advance the State's commitment to reach net-zero
12greenhouse gas emissions by 2050.
13    Section 20. Prohibited acts. No person shall:
14    (1) fail to disclose, in a timely manner, any information
15required under Section 30 or rules adopted under this Act;
16    (2) make a false or misleading representation in
17connection with reporting under Section 30 or rules adopted
18under this Act;
19    (3) construct a new or modified qualifying warehouse
20without a construction permit; or
21    (4) fail or refuse to pay any fee or civil penalty imposed
22under this Act or rules adopted under this Act.
23    Section 25. Qualifying Warehouse Review Program.
24    (a) Within 12 months after the effective date of this Act,
		SB3732	- 7 -	LRB104 18135 BDA 31574 b
1the Agency shall propose to the Board rules establishing a
2program for facility-by-facility review of qualifying
3warehouses. The program shall not be inconsistent with 42
4U.S.C. 7410(a)(5) and shall include measures necessary to
5ensure, or assist in ensuring, that emissions from each
6qualifying warehouse in the State will not:
7        (1) cause or contribute to air-pollution
8    concentrations exceeding any federal air-quality standard;
9    or
10        (2) prevent maintenance of any such standard.
11    (b) No later than 6 months after receiving the Agency's
12program proposal, the Board shall adopt final rules after
13accepting public comment on the proposal and making any
14responsive revisions.
15    (c) The program proposed by the Agency and adopted by the
16Board under this Act shall:
17        (1) set reporting, recordkeeping, and notice
18    requirements, including deadlines, for information
19    regarding each qualifying warehouse, as provided under
20    Section 30, where the initial reporting deadline for any
21    qualifying warehouse in operation on the effective date of
22    this Act is no later than 6 months after that date;
23        (2) establish a fee schedule for reports and permit
24    applications submitted to the Agency under this Act and
25    rules adopted under this Act, where:
26            (A) the fee amounts shall, in the aggregate, be
		SB3732	- 8 -	LRB104 18135 BDA 31574 b
1        adequate to ensure sufficient funding for development,
2        implementation, maintenance, and enforcement of
3        programs under this Act and rules adopted under this
4        Act; and
5            (B) the schedule shall be updated at least once
6        every 2 years to ensure sufficient funding for
7        development, implementation, maintenance, and
8        enforcement of programs under this Act and rules
9        adopted under this Act;
10        (3) set annual emissions-reduction targets consistent
11    with the State's goals of achieving net-zero greenhouse
12    gas emissions by 2050 and achieving or maintaining
13    compliance with federal air-quality standards, and require
14    qualifying warehouses to meet the targets;
15        (4) establish a system assigning points corresponding
16    to emissions-reduction targets and setting point
17    designations for air-pollution mitigation measures, as
18    provided under Section 45, with point designations updated
19    at least annually;
20        (5) establish a system for collecting and distributing
21    all mitigation fees collected from qualifying warehouses
22    under Sections 45 and 50;
23        (6) establish a qualifying warehouse registry, as
24    provided under Section 40, to make information regarding
25    qualifying warehouses readily accessible to the public;
26        (7) establish a construction-permit program for
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1    relevant qualifying warehouses or facilities that may be
2    qualifying warehouses, as provided under Section 35,
3    requiring the owner or operator of each relevant
4    qualifying warehouse to obtain and comply with the terms
5    of any permit issued under this program; and
6        (8) require the Agency to report, at least annually
7    and in a manner readily accessible to the public, the
8    estimated air quality and greenhouse-gas emissions at each
9    qualifying warehouse.
10    Section 30. Reporting; recordkeeping; notices.
11    (a) With an initial reporting deadline for any qualifying
12warehouse no later than 6 months after the effective date of
13this Act, the operator of each qualifying warehouse shall
14submit to the Agency, at least annually, a report certified in
15accordance with Section 1-109 of the Code of Civil Procedure
16that discloses:
17        (1) location information, including GPS coordinates,
18    the street address, and property lines; and
19        (2) owner or operator information, including the name
20    of the property owner, the name of any parent company, the
21    name of any entity leasing the facility, 6-digit NAICS
22    code, and contact information for any entity operating,
23    controlling, or supervising the facility, including:
24            (A) contact information for the individual
25        responsible for the facility's compliance with this
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1        Act and rules adopted under this Act;
2            (B) lease information, if applicable, including
3        the parties and duration of any lease of facility
4        space;
5            (C) facility's secured lender, if applicable;
6            (D) space information, including square footage,
7        number of loading docks, and number of truck bays;
8            (E) any documented labor, health, and
9        environmental violations of any municipal, State, or
10        federal laws or rules;
11            (F) methods to be used for accurately and
12        precisely collecting data necessary for complying with
13        the requirements of this Section;
14            (G) number of electric-vehicle charging stations
15        installed and actual usage;
16            (H) number of hydrogen fueling stations installed
17        and actual usage;
18            (I) number of on-site renewable and non-renewable
19        energy-generation systems installed at the facility
20        and their generation;
21            (J) number of vehicles used to deliver goods or
22        materials from the facility that are leased to a third
23        party by the owner or operator; the proportion of
24        vehicles that are leased; and the proportion that are
25        owned by the operator;
26            (K) average daily number and annual average of
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1        inbound and outbound truck trips by vehicle weight,
2        class, vehicle age, and fuel type; by time of day; and
3        by day of the week;
4            (L) average duration of engine idling by vehicle
5        weight, class, age, and fuel type, including a
6        breakdown of vehicles equipped with a transportation
7        refrigeration unit;
8            (M) average daily number of inbound and outbound
9        truck trips associated with trucks with transportation
10        refrigeration units, and the age and fuel type of
11        transportation refrigeration units;
12            (N) GPS data for Class 2b through Class 8 trucks
13        that make trips to and from a qualifying warehouse
14        owned, leased, dispatched, or operationally controlled
15        by a warehouse owner or operator, when such data is
16        collected in the ordinary course of business;
17            (O) gross revenue attributable to Illinois
18        facilities or operations;
19            (P) sum of State and federal tax incentives or
20        subsidies received in the previous 5 tax years, if
21        applicable;
22            (Q) number of jobs at the facility, including
23        drivers and others employed by third-party
24        contractors, with a breakdown of part-time and
25        full-time employees, independent contractors, and
26        union and non-union employees;
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1            (R) percentage of vehicles used, specifying
2        on-road vehicles and off-road vehicles as well as
3        weight and vehicle class, that are zero-emission;
4            (S) contracts for services with any government
5        body where the value of that contract equals or
6        exceeds $1,000,000;
7            (T) air-pollution mitigation measures adopted and
8        to be adopted to meet the facility's
9        emissions-reduction requirements under this Act and
10        rules adopted under this Act;
11            (U) points the facility has been credited for
12        mitigation measures undertaken to meet its
13        emissions-reduction requirements under this Act and
14        rules adopted under this Act, including the number of
15        points banked or carried over from another year;
16            (V) for any air-pollution mitigation measure
17        adopted or to be adopted that may reduce the number of
18        truck trips or change the terms of a collective
19        bargaining agreement with the qualifying warehouse's
20        employees, confirmation that the owner or operator
21        has:
22                (i) consulted the representative of the
23            exclusive bargaining unit or workers potentially
24            impacted or displaced by implementation of the
25            measure, including discussion of anticipated
26            workforce-transition or retraining impacts; and
		SB3732	- 13 -	LRB104 18135 BDA 31574 b
1                (ii) reached an agreement, in writing, with
2            the bargaining-unit representative or a majority
3            of the workers to proceed with the measure,
4            including any commitments related to worker
5            retention or retraining, if applicable; and
6            (W) any other information the Agency deems
7        necessary to effectively implement and enforce this
8        Act and rules adopted under this Act.
9    Nothing in this Section shall be construed as requiring
10any public disclosure prohibited by law.
11    Where multiple qualifying warehouses share access roads,
12loading docks, driveways, or parking facilities, reporting
13under this Section shall reflect cumulative activity at the
14shared facility unless the Agency determines that activity can
15be reasonably apportioned. When multiple operators occupy a
16single qualifying warehouse, the owner shall report
17shared-infrastructure activity and each operator shall report
18activity attributable to its operations, as specified by the
19Agency.
20    (b) The owner or operator of each qualifying warehouse
21shall maintain, for a minimum of 7 years, records sufficient
22to demonstrate the accuracy and validity of all information
23submitted to the Agency under this Section.
24    (c) The Agency shall assess and collect from the operator
25of each qualifying warehouse a fee for each report submitted
26under this Section:
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1        (1) the fee amounts shall, in the aggregate, be
2    adequate to ensure sufficient funding for development,
3    implementation, maintenance, and enforcement of programs
4    under this Act;
5        (2) the schedule shall be updated at least once every
6    2 years to ensure sufficient funding for development,
7    implementation, maintenance, and enforcement of programs
8    under this Act; and
9        (3) the Agency shall deposit all such fees into the
10    Warehouse Pollution Management Fund.
11    Section 35. Permitting; home rule; fee.
12    (a) The Agency has authority to adopt procedural rules, in
13accordance with the Illinois Administrative Procedure Act, as
14the Agency deems necessary to implement this Section,
15including requirements that:
16        (1) not more than 15 days after the owner or operator
17    of a facility that is, will be, or could become a
18    qualifying warehouse applies for a construction permit to
19    construct a new or modified qualifying warehouse or a
20    facility that could become a qualifying warehouse, the
21    owner or operator of the facility shall send, via
22    first-class mail, written notice of the application to all
23    residents and property owners within 900 feet of the
24    subject facility and all municipal and county elected
25    officials representing the area where the subject facility
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1    is located;
2        (2) not more than 30 days after receipt of a complete
3    construction-permit application to build a new or modified
4    qualifying warehouse, the Agency shall publicly disclose,
5    including by posting on a publicly available website: (A)
6    that the Agency has received a construction-permit
7    application under this Act; and (B) all
8    construction-permit application materials in full and
9    unredacted form, as permitted by law;
10        (3) not more than 90 days after receipt of a complete
11    construction-permit application under this Act, the Agency
12    shall:
13            (A) give public notice, including by posting on a
14        publicly available website, of its preliminary
15        determination to either issue or deny the permit; and
16            (B) give notice of the opportunity for a public
17        hearing on that preliminary determination and, upon
18        request of the permit applicant or of any other person
19        admitted as a party under rules adopted by the Agency,
20        schedule a public hearing;
21        (4) within 60 days after the date of the Agency notice
22    required under paragraph (3), any person who may be
23    adversely affected by the Agency's decision on the
24    construction-permit application may petition the Agency to
25    intervene as a party; the petition to intervene shall
26    contain a short and plain statement identifying the
		SB3732	- 16 -	LRB104 18135 BDA 31574 b
1    petitioner and stating the petitioner's interest; the
2    petitioner shall serve the petition upon the applicant for
3    the permit and upon any other persons who have petitioned
4    to intervene; unless the Agency determines that the
5    petition is duplicative or frivolous, it shall admit the
6    petitioner as a party;
7        (5) not less than 60 days and not more than 180 days
8    after the date of the Agency notice required under
9    paragraph (3), the Agency shall commence the public
10    hearing required by this Section; the public hearing and
11    other proceedings under this Section shall be conducted in
12    accordance with the provisions concerning contested cases
13    of the Illinois Administrative Procedure Act; the Agency
14    shall disclose, including by posting on a publicly
15    available website, all documents submitted to the Agency
16    in connection with the public hearing; and
17        (6) within 60 days after the close of the
18    public-comment period or public hearing under this
19    Section, whichever is later, the Agency shall render a
20    final decision granting or denying the permit.
21    (b) Prior to construction of a new or modified qualifying
22warehouse or a facility that could become a qualifying
23warehouse, the owner or operator shall apply to the Agency for
24a construction permit, and the Agency may issue a permit
25authorizing construction only if it finds:
26        (1) the procedural requirements in subsection (a) have
		SB3732	- 17 -	LRB104 18135 BDA 31574 b
1    been met;
2        (2) any additional traffic resulting from construction
3    and operation will not result in a violation of one or more
4    national ambient air-quality standards established by the
5    federal Environmental Protection Agency or, if a violation
6    already exists, will not exacerbate such violation, as
7    determined in a manner consistent with the State
8    implementation plan;
9        (3) the facility will be ready for zero-emission
10    operations and infrastructure upon completion of the
11    proposed development, including:
12            (A) on-site solar power generation;
13            (B) battery storage; and
14            (C) managed electric-vehicle charging systems and
15        infrastructure necessary to reduce electricity demand
16        and associated emissions; and
17        (4) the facility will meet LEED Silver, Gold, or
18    Platinum standards, or a functionally equivalent standard
19    that demonstrably reduces energy consumption,
20    greenhouse-gas emissions, or associated air pollutants
21    upon completion of the proposed development.
22    (c) Any permit for construction of a new or modified
23qualifying warehouse or a facility that could become a
24qualifying warehouse, where the subject of the permit has a
25property line within 900 feet of a sensitive receptor, shall
26require:
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1        (1) any new truck loading bay to be located outside a
2    minimum 1,000-foot radius from the boundary of each
3    sensitive receptor;
4        (2) the locations at which trucks enter and exit the
5    property line of a qualifying warehouse to be at least 500
6    feet from each sensitive receptor;
7        (3) internal circulation of vehicles that are not
8    ZEVs, including through placement of roads and loading
9    docks, to limit or mitigate air-pollution exposure of the
10    sensitive receptor;
11        (4) no diesel-truck aisles to be located adjacent to
12    the boundary of any sensitive receptor; and
13        (5) construction of a buffer at least 100 feet wide,
14    measured from the boundary of any adjacent sensitive
15    receptor; the buffer shall include a solid decorative
16    wall, landscaped berm and wall, or a landscaped berm 10
17    feet or more in height and solid-screen buffering trees
18    planted in 2 rows along the length of the boundary
19    adjacent to the sensitive receptor; trees used for this
20    purpose shall be evergreen and, to the extent feasible,
21    composed of native species with low biogenic emissions, of
22    a minimum 36-inch box size at planting, and spaced at no
23    greater distance than 40 feet on center.
24    (d) A unit of local government, including a home rule
25unit, may not enforce any ordinance that authorizes
26construction or modification of a qualifying warehouse that is
		SB3732	- 19 -	LRB104 18135 BDA 31574 b
1less stringent than the requirements of this Section. This
2Section is a denial and limitation on the concurrent exercise
3by home rule units of powers and functions under subsection
4(i) of Section 6 of Article VII of the Illinois Constitution.
5    (e) The Agency shall assess and collect from the owner or
6operator of each qualifying warehouse a fee determined by the
7Agency for each permit application submitted under this
8Section. The Agency shall deposit all such fees into the
9Warehouse Pollution Management Fund.
10    Section 40. Qualifying warehouse registry.
11    (a) Within 12 months after the effective date of this Act,
12the Agency, in collaboration with the Department of Labor, the
13Department of Financial and Professional Regulation, and other
14relevant agencies, shall establish a qualifying warehouse
15registry that makes the following information readily
16accessible to the public, including by posting on a publicly
17available website:
18        (1) information collected under Section 30;
19        (2) air-quality modeling information associated with
20    each qualifying warehouse;
21        (3) full and unredacted reports and notices generated
22    or collected under Section 30; and
23        (4) full and unredacted permitting records generated
24    or collected under Section 35, including all notices,
25    permit applications, and preliminary and final decisions
		SB3732	- 20 -	LRB104 18135 BDA 31574 b
1    of the Agency.
2    (b) The Agency shall ensure that any report received by
3the Agency after the initial establishment of the registry is
4added to the registry and made readily accessible to the
5public within 5 days after receipt by the Agency.
6    (c) The registry shall be searchable for all records
7associated with a specific qualifying warehouse using any one
8of the following search terms: street address, zip code, name
9of the locality in which the qualifying warehouse is located,
10or name of the owner or operator.
11    (d) Nothing in this Section shall be construed as
12requiring any public disclosure prohibited by law.
13    Section 45. Point designations and administration.
14    (a) The Agency shall assign annual points requirements
15corresponding to emissions-reduction targets; set point
16designations for air-pollution mitigation measures; award and
17administer points; and take any other actions necessary to
18track points earned by each qualifying warehouse and to ensure
19compliance with annual points requirements.
20    (b) A qualifying warehouse that manages truck trips to or
21from an overburdened community shall have an annual points
22requirement that is 25% higher than that of a comparable
23facility that does not meet these conditions.
24    (c) A qualifying warehouse may receive points for
25mitigation measures including:
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1        (1) acquisition of ZEVs;
2        (2) using zero-emission trucks at the regulated
3    facility or for truck trips to and from the regulated
4    facility;
5        (3) installing, or contracting with a third party to
6    install, light-duty, medium-duty, and heavy-duty
7    electric-charging infrastructure on-site or within
8    one-half mile;
9        (4) using electric-charging infrastructure;
10        (5) requiring use of zero-emission vehicles on-site;
11        (6) reducing stationary-source pollution beyond what
12    is required for facilities defined as stationary sources
13    under 35 Ill. Adm. Code 203.136 or successor rules;
14        (7) using electric transportation-refrigeration
15    units;
16        (8) acquiring electric transportation-refrigeration
17    units;
18        (9) using alternatives to truck trips for incoming or
19    outgoing trips, such as e-cargo bikes or light-duty
20    battery-electric vehicles;
21        (10) installing on-site solar power generation,
22    electricity storage, and managed-charging systems;
23        (11) installing and maintaining MERV-16 or greater
24    filtration systems in schools, day cares, hospitals,
25    community centers, or residences within one-half mile of a
26    regulated facility;
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1        (12) eliminating combustion emissions from cooking,
2    heating, hot water, or generators at the regulated
3    facility, or at buildings within one-half mile of a
4    regulated facility, by replacing appliances and equipment;
5        (13) reducing transport emissions for regulated
6    facilities and surrounding areas by contributing to and
7    maintaining bicycle-share or electric-vehicle-share
8    programs or public transportation;
9        (14) hiring locally to reduce employee-commute
10    emissions, using a local State-certified apprenticeship
11    program or a skilled and trained workforce with a
12    local-hire component, or implementing
13    workforce-transition or retraining strategies intended to
14    retain existing workers while reducing pollution; or
15        (15) paying a mitigation fee, the price of which shall
16    be set 1.5 times higher per point than the next most
17    expensive option.
18    (d) No points shall be designated or awarded under the
19program for:
20        (1) any actions required for compliance with any
21    federal, State, or municipal law other than this Act and
22    rules adopted under this Act; or
23        (2) mitigation measures undertaken but not reported to
24    the Agency as required under this Section.
25    (e) If a qualifying warehouse earns more points than its
26annual points requirement in a given reporting period, the
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1excess points may be banked and used by the same qualifying
2warehouse to satisfy its annual points requirement in any of
3the following 3 years, provided that the qualifying warehouse
4demonstrates that any improvements or equipment installations
5for which the banked points were awarded are still operational
6in the year in which they are used to meet the annual points
7requirement.
8    (f) The Agency shall update point designations at least
9annually.
10    Section 50. Mitigation fees. Whenever a qualifying
11warehouse pays a mitigation fee to receive points toward
12emissions-reduction requirements under Section 45, the fee
13shall be spent on measures that will mitigate air pollution in
14the same geographic area as the site of the qualifying
15warehouse.
16    Section 55. Air quality modeling.
17    (a) Within 6 months after the effective date of this Act,
18the Agency shall publish and solicit public comment on a draft
19methodology for an air-quality and greenhouse-gas emissions
20modeling program that accurately models and reports speciated
21PM2.5, ozone, and NOx emissions volume and resulting
22concentrations generated by each qualifying warehouse.
23    (b) Within 9 months after the effective date of this Act,
24the Agency shall finalize its air-quality modeling-program
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1methodology.
2    (c) Within 12 months after the effective date of this Act,
3the Agency shall publish, under the qualifying-warehouse
4registry established under Section 40, results from its
5air-quality modeling program, and shall publish results
6annually thereafter.
7    (d) The air-quality modeling program under this Section
8may include qualifying-warehouse report information, vehicle
9telematics, driveway sensors, video monitoring, air-pollution
10monitoring data, and other advanced sensing and monitoring
11equipment.
12    Section 60. Warehouse Pollution Management Fund. There is
13created in the State treasury a special fund to be known as the
14Warehouse Pollution Management Fund. Fees collected by the
15Agency under this Act, except for mitigation fees paid for the
16purpose of earning points for compliance with
17emissions-reduction requirements, shall be deposited into the
18Warehouse Pollution Management Fund. In addition to any moneys
19appropriated from the General Revenue Fund, moneys in the
20Warehouse Pollution Management Fund may be appropriated to:
21        (1) the Agency exclusively for activities necessary to
22    execute its obligations and duties under this Act; and
23        (2) the Board for regulatory and adjudicatory
24    proceedings under this Act.
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1    Section 65. Enforcement; penalties; rulemaking.
2    (a) The Agency shall administer and enforce this Act. The
3Agency is authorized to investigate violations of this Act or
4rules adopted under this Act.
5    (b) Any person who violates this Act or any rules adopted
6under this Act is liable for a civil penalty of $10,000. The
7Attorney General is authorized to bring a civil action to
8recover penalties under this Act. Nothing in this Act limits
9any damages, equitable relief, or other remedies available
10under common law or statute.
11    (c) The Agency shall propose and the Board shall adopt
12rules to implement and administer this Act. These rules may
13include procedures for administrative citations and
14adjudications that are substantially similar to those under
15the Environmental Protection Act. These rules may also include
16penalties for violations of this Act or rules adopted under
17this Act, except that any monetary penalties established by
18rule may not exceed the penalties under subsection (b) for a
19violation.
20    Section 70. Citizen suits; attorney's fees.
21    (a) Any person adversely affected by a violation of this
22Act, any rule adopted under this Act, any permit decision or
23term or condition of a permit under this Act, or any Board
24order under this Act may commence a civil action for
25injunctive and other relief.
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1    (b) A court in an action under this Act may exercise all
2powers necessary to grant relief, including injunctive relief
3and money damages.
4    (c) Without limiting any authority that may otherwise
5exist for awarding attorney's fees and costs, the Board or a
6court of competent jurisdiction may award costs and reasonable
7attorney's fees, including the reasonable costs of expert
8witnesses and consultants, to the prevailing party in an
9action under this Act.
10    Section 800. The State Finance Act is amended by adding
11Section 5.1038 as follows:
12    (30 ILCS 105/5.1038 new)
13    Sec. 5.1038. The Warehouse Pollution Management Fund.
14    Section 997. Severability. The provisions of this Act are
15severable under Section 1.31 of the Statute on Statutes.