Rep. Jen Gong-Gershowitz

Amends the Environmental Protection Act. Requires the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Provides that a supplemental fee of $200,000 for each construction permit application shall be assessed if the construction permit application is subject to the requirements regarding the construction of a new source located in an environmental justice community. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that, if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source, a third party may petition the Pollution Control Board for a hearing to contest the issuance of the permit. Contains provisions regarding environmental justice grievances. Defines "environmental justice community". Contains other provisions. House Floor Amendment No. 1 Adds reference to: 415 ILCS 5/39.5 from Ch. 111 1/2, par. 1039.5 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Removes language requiring the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community. Requires the Agency to conduct an evaluation of a prospective CAAPP permit owner's or operator's prior experience in owning and operating sources of air pollution. Provides that the Agency may deny such a permit if the prospective owner or operator or any employee or officer of the prospective owner or operator or any employee or board member has a history of specified criminal actions. Removes language requiring the air dispersion modeling to examine air quality related impacts to determine estimated emissions of specified pollutants. Makes other changes.

Amends the Unemployment Insurance Act to provide that, during the pendency of a disaster proclamation that is a result of a public health emergency or epidemic, provisions concerning ineligibility as a result of unemployment insurance fraud shall not apply to individuals residing in the counties affected by the gubernatorial disaster proclamation who are otherwise entitled to receive unemployment insurance benefits. Effective immediately.

Amends the Wildlife Code. Repeals provisions allowing the taking of bobcats by hunting or trapping in this State. Makes conforming changes.

Amends the Rivers, Lakes, and Streams Act. Provides that the public right to access and use navigable waters includes all rights recognized by State or federal law, including the rights set forth in the Northwest Ordinance of 1787 and the federal navigational servitude, and all rights arising under the public trust doctrine, which shall be understood and applied in a manner consistent with the spirit of the Act to maximize the full and free enjoyment of State waters by the public. Provides that any segment of a lake, river, or stream that is capable of supporting use by commercial or recreational watercraft for a substantial part of the year, or that is actually so used, shall be deemed navigable, and shall be open to public access and use, unless the contrary is proven in litigation by a preponderance of the evidence. Provides that no action or inaction by the Department of Natural Resources shall create a presumption, in any civil or criminal litigation, against the navigability of any waterway segment. Provides that the public right to access and use navigable waters shall be subject to specified protections and limitations, and a violation shall be punished as otherwise provided by law and, if likely to continue, enjoined by a court of competent jurisdiction. Provides that nothing in the Act shall limit the right of any person to challenge the legality of alleged interference with the public right to access or use navigable waters in any appropriate civil or criminal litigation.

Creates the Clean Jobs, Workforce and Contractor Equity Act. Creates the Equity and Empowerment in Clean Energy Advisory Board to administer the Clean Jobs Workforce Hubs Program, the Expanding Clean Energy Entrepreneurship and Contractor Incubator Network Program, the Returning Residents Clean Jobs Training Program, and the Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator. Creates the Illinois Clean Energy Jobs and Justice Fund Act, the Community Energy, Climate, and Jobs Planning Act, the Energy Community Reinvestment Act, the Clean Energy Empowerment Zone Tax Credit Act, the Coal Severance Fee Act, the Building Energy Performance Standard Act, and the Public Utilities Intervenor Compensation Act. Amends the Illinois Administrative Procedure Act to allow for emergency rulemaking. Amends the State Finance Act to create the Energy Community Reinvestment Fund, the Illinois Commerce Commission Intervenor Compensation Fund, and the Illinois Clean Energy Jobs and Justice Fund. Amends the Electric Vehicle Act, the Energy Efficient Building Act, the Illinois Power Agency Act, the Illinois Income Tax Act, the Retailers' Occupation Tax Act, the School Code, the Public Utilities Act, the Environmental Protection Act, the Illinois Nuclear Facility Safety Act, and the Prevailing Wage Act by making changes to implement certain programs. Makes other changes. Effective immediately.

Amends the Criminal Code of 2012. Provides that a person is not accountable for the conduct of another if he or she was subjected to specific and credible coercion, compulsion, duress, or threats. Provides that no offense is excepted from the provision that a person is not guilty of an offense by reason of conduct that he or she performs under the compulsion of threat or menace of the imminent infliction of death or great bodily harm, if he or she reasonably believes death or great bodily harm will be inflicted upon him or her, or upon his or her spouse or child, if he or she does not perform that conduct. Amends the Code of Civil Procedure. In a provision concerning relief from judgments, changes the allegations a movant must establish when presenting a meritorious claim to: (1) the movant was convicted of a forcible felony; (2) the movant's participation in the offense was related to experiencing or the effects of gender-based violence; and (3) no substantial evidence or incomplete evidence of gender-based violence against the movant was presented at the movant's sentencing hearing. Changes the term "domestic violence" to "gender-based violence". Removes the definition of "intimate partner". Makes corresponding changes. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: In the Criminal Code of 2012, removes language providing that no offense is excepted from the provision that a person is not guilty of an offense by reason of conduct that he or she performs under the compulsion of threat or menace of the imminent infliction of death or great bodily harm, if he or she reasonably believes death or great bodily harm will be inflicted upon him or her, or upon his or her spouse or child, if he or she does not perform that conduct. In the Code of Civil Procedure, restores language providing that a movant may present a meritorious claim if the allegations in the petition establish that the evidence of domestic violence or gender-based violence against the movant is material and noncumulative to other evidence offered at the sentencing hearing, and is of such a conclusive character that it would likely change the sentence imposed by the original trial court. Restores the term "domestic violence". Defines "gender-based" violence. Restores the definition of "intimate partner". Makes other changes.

Amends the Workers' Compensation Act. Replaces language regarding the qualifications of Commissioners of the Illinois Workers' Compensation Commission with language requiring each Commissioner appointed on or after the effective date of the amendatory Act to be authorized to practice law in this State. Provides that each Commissioner appointed on or after the effective date of the amendatory Act shall receive an annual salary of 70% of a Circuit Court Judge in the Judicial Court constituted by the First Judicial District under the Salaries Act and the Chairman shall receive an annual salary of 5% more than the other Commissioners. Provides that the performance of arbitrators shall be reviewed by the Chairman every other year, or more often at the discretion of the Chairman (rather than on an annual basis). Provides that no arbitrator shall hear cases in any county, other than Cook County, for more than 4 years consecutively (rather than 2 years in each 3-year term). Provides that the Secretary and each arbitrator shall receive a per annum salary of 5% less than the per annum salary of members of the Illinois Workers' Compensation Commission. Provides for the dissolution of the Self-Insurers Administration Fund and for the transfer of the moneys in that fund to the Self-Insurers Security Fund. Authorizes expenditures from the Self-Insurers Security Fund for the purposes that were authorized for the Self-Insurers Administration Fund. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 820 ILCS 305/4a-2 from Ch. 48, par. 138.4a-2 820 ILCS 305/4a-4 from Ch. 48, par. 138.4a-4 820 ILCS 305/4a-5 from Ch. 48, par. 138.4a-5 820 ILCS 305/4a-6.1 from Ch. 48, par. 138.4a-6.1 820 ILCS 305/4a-7 from Ch. 48, par. 138.4a-7 820 ILCS 305/13 from Ch. 48, par. 138.13 820 ILCS 305/14 from Ch. 48, par. 138.14 Adds reference to: 820 ILCS 115/13.5 new Replaces everything after the enacting clause. Amends the Illinois Wage Payment and Collection Act. Provides that, for all contracts entered into on or after July 1, 2022, a primary contractor making or taking a contract in the State for the erection, construction, alteration, or repair of a building, structure, or other private work in the State shall assume, and is liable for, any debt owed to a wage claimant incurred pursuant to the Act by a subcontractor at any tier acting under, by, or for the primary contractor for the wage claimant's performance of labor included in the subject of the contract between the primary contractor and the owner. Provides exemption from liability for a property owner who acts as a primary contractor related to the erection, construction, alteration, or repair of his or her primary residence where the aggregate costs of the project amounts to less than $100,000. Defines terms. Provides that the primary contractor's liability under the new provisions shall extend only to any unpaid wages, including interest owed and reasonable attorney's fees, but shall not extend to wage supplements, penalties, or liquidated damages. Provides that a primary contractor or any other person shall not evade or commit any act that negates the requirements of the new provisions. Provides that the obligations and remedies provided in the new provisions shall be in addition to any obligations and remedies otherwise provided by law, except that nothing in the new provisions shall be construed to impose liability on a primary contractor for anything other than unpaid wages, interest owed and reasonable attorney's fees. Provides that claims brought pursuant to the new provisions shall be done so in accordance with provisions concerning violations of the Act. Senate Floor Amendment No. 2 Makes various changes to the bill, as amended by Senate Amendment No. 1, with respect to terminology, the definition of "private work", a primary contractor's liability, and claims brought pursuant to the new provisions. Defines "construction" as building, altering, repairing, improving, or demolishing any structure or building, or making improvements of any kind to real property.

Amends the Crematory Regulation Act. Provides that "cremation" includes natural organic reduction. Defines "natural organic reduction". Effective immediately.

Amends the Illinois Wage Payment and Collection Act in relation to primary contractor responsibility for wage claims in the construction industry. Provides only a Section heading.

Amends the Illinois Insurance Code. In provisions concerning mental and emotional disorders, provides that every insurer that amends, delivers, issues, or renews group accident and health policies providing coverage for hospital or medical treatment or services for illness on an expense-incurred basis shall provide coverage for the diagnosis and medically necessary treatment (rather than reasonable and necessary treatment and services for) of mental, emotional, nervous, or substance use disorders or conditions. Provides that every insurer that amends, delivers, issues, or renews a group or individual policy of accident and health insurance providing coverage for hospital or medical treatment on or after January 1, 2022 shall provide coverage for medically necessary treatment of mental health and substance use disorders. Provides that an insurer that authorizes a specific type of treatment by a provider shall not rescind or modify the authorization after that provider renders the health care service. Provides that if services for the medically necessary treatment of a mental health or substance use disorder are not available in-network within the geographic and timely access standards set by law or regulation, the insurer shall arrange coverage to ensure the delivery of medically necessary out-of-network services and any medically necessary follow-up services, and the insured shall pay no more in total for benefits rendered than the cost sharing that the insured would pay for the same covered services received from an in-network provider. Provides that an insurer shall not limit benefits or coverage for medically necessary services on the basis that those services should be or could be covered by a public entitlement program. Provides that every insurer shall sponsor an education program, make the program available to other stakeholders, provide clinical review criteria at no cost to providers and insured patients, conduct interrater reliability testing, and achieve interrate pass rates of at least 90% or comply with specified requirements if the 90% threshold is not met. Defines terms.