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HB 5316

IEMA-OHS-ENVIRONMENTAL SAMPLES

104th Regular Session Introduced by Carol Ammons and 2 co-sponsors

HB5316 grants IEMA-OHS authority to enter public or private property to collect environmental samples after a disaster with radioactive contamination.

Third Reading - Passed; 044-013-000
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Bill Summary · HB 5316

Bill Summary — HB5316 (104th General Assembly, Illinois)

Title

HB5316 amends the Nuclear Safety Law of 2004 to grant a new right of entry for environmental sampling capabilities in disaster situations involving radioactive contamination. The act takes effect upon becoming law.

Main Purpose and Intent

  • To authorize the Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS) to enter public and private property in order to collect environmental samples after a disaster that results in radioactive contamination.
  • The goal is to facilitate after-disaster assessment and response by obtaining environmental data essential for health, safety, and remediation decisions.

Key Provisions and Changes

  • Section 95 (new): Right of Entry

    • Defines “disaster” using the term as used in the Illinois Emergency Management Agency Act (Section 4).
    • Grants IEMA-OHS the authority to enter both public and private property to collect environmental samples when responding to a disaster that causes radioactive contamination.

  • Section 99: Effective Date

    • The act becomes effective immediately upon becoming law.

Who Is Affected

  • Primary agencies: Illinois Emergency Management Agency (IEMA) and Office of Homeland Security.
  • Property owners and occupants whose land or premises may be accessed to collect environmental samples during a radioactive contamination disaster.
  • This may affect private property rights during declared disasters, as entry is authorized for environmental sampling purposes.

Procedural and Timeline Aspects

  • Legislative history shows the bill moved through standard Illinois Senate and House processes with committee amendments.
  • Notable steps:
    • House first readings and committee action culminating in a House Committee Amendment No. 1 (Energy & Environment Committee) and a Do Pass as Amended.
    • Subsequent Senate readings and floor actions, with sponsor support from Rep. Jay Hoffman (primary), Rep. Carol Ammons (co-sponsor), and Sen. Mike Porfirio (senate sponsor).
  • Effective date: Immediate upon enactment (no separate implementation delay).

Practical Impact and Considerations

  • Enables rapid environmental sampling to characterize radioactive contamination after a disaster, informing containment, cleanup, and public health decisions.
  • Balances emergency response needs with property access, though the bill does not specify additional procedural protections (e.g., notice, scope of sampling, or conditions for entry). Local and private property rights implications may be addressed through existing emergency management and public safety procedures.
  • Could support quicker risk assessment and data collection in events such as radiological releases or other incidents resulting in radioactive contamination.

Summary

HB5316 provides IEMA-OHS with a statutory right to enter public and private property to collect environmental samples in the wake of a disaster involving radioactive contamination, aiming to improve response effectiveness. The measure is effective immediately upon enactment and builds on the Nuclear Safety Law of 2004 by codifying a specific entry authority for environmental sampling during emergencies.

Compiled from official sources — confirm details with the bill’s official record.

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