The Illinois Senate approved a bill Wednesday that would create advanced evaluations for projects proposed in communities that have been disproportionately impacted by pollution.

Under Senate Bill 3772, construction permits for “areas of environmental justice concern” would be evaluated for the proposed project's potential to inflict an environmentally-based harm on the community.

The measure defines an area of environmental justice concern as a geographic location with a population that “potentially experiences disproportionate environmental harms and risks as a result of both environmental and socioeconomic conditions that may act cumulatively to affect health and the environment and contribute to persistent environmental health disparities.”

The measure applies to both Clean Air Act Permits and a Federally Enforceable State Operating Permit.

Under the proposal, when the Illinois Environmental Protection Agency (EPA) receives a permit application, they must evaluate if the site is in an area of environmental justice concern, whether the emissions released can be reduced and determine if the applicant must conduct additional air quality testing to confirm the proposed project will not threaten air quality standards.

The Illinois EPA must also notify elected officials, community groups and individuals who have requested to be notified about the proposal, sharing the details of the project and information on how an individual can request a public hearing.

If there are concerns about the project’s impact on air quality in the community, the Illinois EPA can include “permit enhancements” such as improved air monitoring systems and more frequent emissions testing.

SB 3772 also creates the Office of Environmental Justice within the Illinois EPA, which would be tasked with integrating environmental justice into agency programs and providing increased public outreach to areas of environmental concerns.

Bill sponsor Sen. Celina Villanueva (D-Chicago) intends to assist communities that have been disproportionately impacted by pollution.

“At its core, this bill strengthens something fundamental, community voice and informed decision making,” she said. “Illinois has an opportunity to prevent environmental injustice, not just respond to it after the fact.”

The Illinois EPA is a proponent of the bill. Villanueva said stakeholders from manufacturing are neutral.

Answering a question from Sen. Sue Rezin (R-Morris), Villanueva said the measure complies with the U.S. Environmental Protection Agency regulations.

Sen. Jil Tracy (R-Quincy) spoke in opposition to the bill, saying all communities in Illinois should be protected from environmental harm, and the measure gives too much discretion to the Illinois EPA.

“It could result in a denial standard that's pretty open-ended and lead to delays, increased cost and uncertainty for projects that require investment, which make the community actually better, when in fact, they will not negatively impact the environment at all,” she said.

The measure was approved 43-11.

The Senate also approved Senate Bill 3340, which would state that all individuals in Illinois have a right to wear protective medical equipment — including masks or gloves — in “any place of public accommodation” without having to disclose why they need the equipment.

Answering questions about uniform policies by employers, Sen. Graciela Guzmán (D-Chicago) said if a mask violates a policy by displaying something inappropriate, then the employer can request the employee wear a different mask. They cannot prohibit the employee from masking under the measure.

The measure does include language requiring individuals to briefly remove their mask as a means of confirming identity at a hotel. It also exempts non-medical masks, such as bandanas or ski masks.

SB 3340 was approved 37-18.

Both measures now go to the Illinois House.