All right, our committee on Environmental Protection and
energy, uh, will come to order.
I'm gonna start off with a
uh, roll call uh, to establish Forum. We're gonna have 2
items before the committee today. I realize I'm not on my
microphone. I apologize 2 items before the committee today.
Um 1 item is a resolution that calls on the US Congress to
expand the scope and of railroad safety standards and item
2 is an amendment of Municipal Code chapter 2-31 by
inserting new section. 2-31 D 045 establishing, the Chicago
Shoreline Advisory Board to develop an update. The
shoreline management plan, uh we'll begin a roll call. Now,
All right, chair Haden is present. Um, Vice chair canoes.
And
Um, Alder laspada.
Alder Ramirez.
Alder Lopez.
Alder tabaris.
Alder Scott.
Alder sigcho Lopez.
Alder Cruise.
Alder Rodriguez, Sanchez.
Alder Conway.
Alder, Reilly
Alder Lawson.
Alder clay.
Alder, Martin present Alderman, a hoppenworth
All right, uh, having established a quorum.
Um,
let's see.
Fantastic, let me have what 9 members.
Yeah, we have 9 members present. We have a quorum um
joining us virtually. We have Alders uh, sigcho Lopez. Um
Alder oh wait sorry Alder Cruise.
Alder Scott. Alder, Rodriguez, Sanchez.
um,
and Allure C chopz, uh, per rule 59, could I have a motion
to approve these 4 Alders, uh, remote participation now
that we've established a quorum. So moved. All right, Alder
Conway, so moves, all those in favor. Say I I um, all those
opposed say nay
all right, and the opinion of the chair, the eyes, have it,
Allure sigcho, Lopez, Cruise Scott and uh Rodriguez Sanchez
will be marked this present for today's meeting.
Yeah, at this time we're going to begin the public comment
period. Public comment is limited to 30 minutes and out of
respect of, everybody's time. Each speaker will be limited
to 3 minutes. Um, starting with, uh, we have
Uh, Doris Lewis.
All right. We'll come back. Uh Mr. George Blakemore.
Good afternoon to uh, the service of our Global City of
Chicago.
Uh, and I'm reading and it says this meeting would start
Tuesday at 12:30.
P.m.
I've advocated for good governance that you do not have
these meetings at the same time.
And when you do in the same thing over, you get the same
results. This is now let me look at this time. Now, almost
1, a little after whatever. Anyway,
And I told you about that issue and I've spoke on this
issue and his death here. Evidently you all don't know who
miss y'all. Don't know Mr. Blakemore his passion, I'm not
getting paid.
To come here.
I needed here.
I'm not getting paid. I told you do not have these meetings
at the same time and the same date, the conflict of
interest and the previous meeting you you have a play of of
of Music, Charles 1 get up and then he got up 5, time and
left and another because he didn't have a car. This is all
fraud, waste and abuse, and it's all corrupt and it's the
ugly Chicago. The 1 that they were speaking about Merida
sold the the streets out for for a century.
And you all just as bad.
You Democrats.
You just as bad from 1 group of of, of a piece of what
leave and another group come in.
And it's a 1 party system that last vote here, they did a
Voice vote.
What is a code? Why do you have those rules? But you know,
how to enforce those rules and cause security, that's on
the house? You know how to do that?
You know, how to do that, because all of y'all corrupt, all
of us and the people. They like to get away with that
because they have Mr. Mr. Blakemore could you speak Mr.
Blakemore. Stay at the microphone. Be able to do that.
Leave me alone. No no. Please stay at the microphone or
else they can't hear you on the recording. My my
Is loud enough.
Stop it. Trying to help you stop. Don't have to, you have
to bear.
You're not trying to help me. You have to bear, don't help
me. That's what my dad is saying. Help the bear
Now, you understand exactly what I'm talking about.
I'm trying to help you. You not trying to help me, you're
not trying to help our people. You're a part of a corrupt
machine.
you were not elected by the Machine, by by the people, the
people slate, the machine slate and then the people both
for whatever they say or 1 party corrupts this now. Thank
you Mr. Blakemore.
Our next public commenter is Jessica Jackson.
All right, we'll come back. Um, Michael Young bae.
All right, uh, we're back to Doris Lewis.
She appeared.
No. Okay. All right. Well there being no more speakers
presents. Um who have signed up the public comment? Period
is concluded and thank you to our speaker today.
Sure. Um, so we're gonna start with item 2. Oh, excuse me.
So we can stick this, okay?
Sorry, we're waiting for uh, our department of environment
contact to come in, all right? Um, so I would like to note
the committee received 1 written public comment and that
comment has been sent to all of the committee members via
email, head of today's meeting along with some of our other
relevant materials for today's agenda. Um, so with that,
our first order of business is the May rule 45 report,
which was sent to the committee. Can I have a motion to
approve, the rule, 45 report,
All right. Alder Martin so moves. All those in favor of
passing the resolution. Say I
all those opposed say, nay
All right, in the opinion of the chair, the eyes have it.
Our first item. Um,
So funny. All right. Um sorry, right.
No no no, no, no. Sorry guys, bear with me on uh
All right. Oh hey, well more, Artur Alder. Reilly present
for quorum.
And I'm gonna buy a little time by just randomly talking
because we have somebody write down the hall, who is coming
in for this item. Um, that way we can go in the order that
we have planned. Um, so I appreciate you all being here
today and making yourself available. Um, even though we
started a little bit late with the previous, uh, committee
going long.
And I see our friend Jared in the hall, making his way in.
Perfect.
so,
Uh we're actually going to hear the second item on today's
agenda. First, uh, just due to some of the time constraints
from our guests, from the Department of environment. Hey
Jared.
Um so item number 2 on the agenda is uh oh 2024 08886 uh
amendment of Municipal Code chapter 2-31 by inserting new
section, 2-31 045 establishing. The Chicago Shoreline
Advisory Board to help develop and update the shoreline
management plan.
Members of the committee were sent a copy of the substitute
ordinance last night as well as a physical copy today. In
addition, we provided members with a chart that tracks the
changes from the original ordinance to the proposed
substitute. The updated language, modifies, the number of
mayoral appointed positions from 5 to 3 provides the option
for the chair of The Advisory Board to convene a meeting.
At their recommendation beyond the 4 quarterly required
meetings and empowers the department of environment to
manage oversee, coordinate, and facilitate the board.
Furthermore, The Substitute ordinance includes modification
to the duties of the Advisory Board. The original ordinance
had The Advisory board established in periodically update a
shoreline emergency response plan, and our conversations
with the office of emergency management and communication.
Um, they're actively working on this along with a number of
Emergency Response plans for other scenarios. So instead of
The Advisory Board um, creating the emergency plan, oemc
will present their plans to The Advisory board for the
board's, uh, input and feedback to that the other minor
changes on the duties and Powers realized the intention of
the original ordinance, which is to have a collaborative
space where the board is reviewing Shoreline conservation
and management plans and making policy recommendations to
preserve our Shoreline.
With that, may I have a motion to accept the substitute
ordinance for consideration by the committee on
Environmental Protection and energy.
All right, Alder Lawson. So moves all those in favor say I
all those opposed say, nay
in the opinion of the chair, the eyes have it. The
substitute ordinance is accepted.
So when I first took office in 2019, 1 of the um very first
actions that uh myself and my chief of staff next to me
me here. Leslie, uh, Perkins took um, was to try and deal
with proactively the um, impacts of record, high Lake
Michigan levels. And what we saw happening during our fall
and winter storm Seasons as far as erosion to our Shoreline
and threats to safety, um, and housing for constituents in
the 49th Ward and around the city. Um, we had to pretty
quickly learn a lot about Lake Michigan about shoreline
erosion and also, um, the multi-jurisdictional nature of
managing the shoreline, um, which I think many of us would
consider our most valuable natural asset here for the city
of Chicago, and our whole region. Um, it was hard um, to
coordinate a meeting. I think I said, hey Leslie, get me a
meeting with whichever government agency
Manages the shoreline. And we ended up with like 5
different, like agencies and Department representatives in
the office. Um, all of whom worked together on various
things but none of whom all work together. There was no
space. There was no 1 space where all these, you know, Park
District and sedat and the Department of Natural like
resources and the Army Corps, there was no place where they
all convened, um, to kind of proactively work. Um, so much
of what they do was reactive, um, and responsive
so, the Chicago Shoreline Advisory Board will convene all
of these relevant departments sister agency, and members
from non-governmental organizations involved, with our
Shoreline. So yes, we're talking about our environmental
sustainability groups. We're talking about groups around
Recreation, but also nonprofit organizations looking at
kind of the economic development of our city. Um, our
Shoreline is a resource and an asset, um, like across every
level here for us in the city of Chicago. So whether you're
thinking of business and tourism, um, or our Wildlife, uh,
environment and ecosystems, um, it's too important, um, for
us to not have a well-managed plan,
So the board will be tasked with reviewing any Shoreline
conservation and management plans that are created by the
government entities. It could research review assess and
give advice on plans and policies and procedures related to
Shoreline management and protection. Additionally the board
will recommend any proposed legislation to the city
council. That could enhance our Shoreline protection
efforts and conduct public education and Outreach on
Shoreline issues.
the Army Corps of Engineers is currently conducting a
comprehensive study exploring various measures that could
be implemented along Chicago's entire shoreline from
Indiana to Evanston to reduce Coastal storm risks. As it
finalizes, its draft policy recommendations to present to
the city and the public. We feel it's in specially
important to have a dedicated Advisory board that can work
collaboratively to submit feedback and recommendations on
what is good for Chicago and what we think. Um and what
will be 1 of the most significant projects, the shoreline
for generations to come
So, given the significance of what's at stake, for our
communities and our Water Resources. I urge the passage of
this ordinance joining us today we have, um,
uh, Jared pellechio from our department of uh environment.
Uh, Deputy Commissioner and uh he's available to answer any
questions related to this topic. Um, myself as well.
Elder laspada.
Thank you very much chair. Admittedly the, the First Ward
stops about 3 miles, short of the lakefront. Um,
Uh, although it is a, an amenity that all of us rely on and
enjoy more than I realized. Before I had a, a tiny little
person in my house. Um, I did have 2 questions. Um,
Both related to changes from the original to the
substitute. So the original had
5 Advisory board members.
The Substitute takes it down to 3.
2 of which are members of office of budget management and
oemc. And there's a reference that this was due
Reducing the number of appointments is due to the arduous
and lengthy process.
Can somebody talk about the the arduous and lengthy
process? I just
I have concerns that I'm sure somebody can address that.
Having a little only 3 members makes it tough to have the
the variety of perspectives you might want on an Advisory
Board like this.
uh, and just
Yeah, those are just 3, mayoral appointments. It's not a
3-person board.
So, it'll be 12.
Ask an answer. That's why we ask the questions. Appreciate
it. It it was a reduction in the mayoral appointees
Yeah. So sorry for not clarifying. That that's all right. It
is
it's on me to also be more informed and I'm glad I'm
getting more informed over the course of the year. That's
why we're here that's very that is very very good to hear.
Um my other question was related to because they're all
auto spotted otherwise I would have called it a a Tribunal.
that's why I'm right a short try on for it which be a
fascinating body first guys that have um,
if you see,
Sorry too cheeky. Um, I appreciate that Clarity. I love all
the purposes put to the ordinance. I wanted to ask 1 other
question, it was related to the number of meetings.
231 045 a required, the board to meet quarterly. If the
majority of the board called for a meeting the language
then says board shall meet quarterly or as recommended by
the chair is it fair still to read quarterly as a a floor,
right? So here we go. There we go. Thank you very much.
Thank you. No further questions.
Um, Alder Martin.
Thank you chair. Um 1 question, uh there's a reference to a
change about uh updating the ordinance to task the
department of environment to be responsible for overall
management. Um and and uh, doing so indicates that there
were some lessons learned from the urban forestry Advisory
Board, I was just hoping, um, either you chair or Jared,
you could opine on that a little bit more.
Yeah, I can I can get us started Jared Pacheco. Uh, deputy
chief sustainability officer. Um yeah I think the the
biggest lesson learned Alderman was ufab, urban forestry
Advisory Board. Just didn't clearly specify, which city
Department was going to, uh, provide the Staffing. It was
also created prior to doe being a department again. So you
know, it's a kind of natural lesson. Um, and that just has
led to some sort of basic logistical.
Challenges who's going to book the meeting room who's going
to send out the agenda. And so when when this was first
brought to us uh At Doe by the chair um and IGA um we we
just suggested that it it made sense to be very clear as to
who's convening as far as the Staffing entity. Um, we also
Over the course of the year have been, um, you know, making
progress on our hiring. And so we feel confident um, that
by the time this ordinance takes effect, which is June 30th
of 2025,
We will have project managers. Um,
On staff that can can staph this adequately. And and it's
clear that it's us that's taking care of those kind of
Kind of uh logistical things that got lost with ufab. I
don't know if you have anything to add share, but that's
from our perspective, why we we wanted to specify, I think
that's sufficient unless you'd like more know that that is
sufficient. Thank you in my last question was around. Um,
the initial language of developing, an annually, updating a
coordinated comprehensive Shoreline management plan. I
understand share you had shared, uh, some of oem's work.
that might be overlapping in this regard and, and that in
part led to some modified language. Um, it talks about in
the modified language, uh, being able to opine on such
plans. If requested, by the mayor or city council through
this committee or its successor, is it still an, an, an
option for this board to share, uh, some insights even if
not requested just kind of like observationally at 1 of
their meetings. Yes. So and and part of that shift was
Um in talking with the Departments, right and working with
them to to make sure um, because the shoreline is such a
multi-jurisdictional space, this really differs from the
urban forestry Advisory Board in the sense that
The city doesn't have full authority over the shoreline,
right? So, um, we wanted to make sure we got the
relationship in the expectations correct in what this board
could do. So the office of emergency management, that's
what they do. They're making their emergency plan. So they
were like well hey we don't we don't need your Advisory
Board to make an emergency Shoreline plan. We kind of have
that but yes we want to be able to review it. Um give input
and feedback. Of course from like a a broader, a broader
set of, I guess perspectives.
Great. Those are all my questions. Um it's good ordinance.
Thank you for leading it.
Thank you. Um Alder Lawson and then Alder Conway.
Uh, thank you, chair. Um, the 44th, Ward went through a
shoreline protection, uh, that started about 20 years ago
from diversity to Addison Irving, um, that changed out the
old Belmont rocks for the new concrete revetment. Um, I
would have loved to had an advisory Council way back as a
fresh staffer for all them back then. Um, because it was
very controversial, there was a lot of attachment to the
historic rocks and what we were going to do with those, um
but the lake was very slowly coming to eat our part of
Linkin Park. Um and and actually it it hasn't stopped um,
you know, our event has protected the shoreline but we've
had other Wetland issues, um, that have been exacerbated
exacerbated because of that Park District has been really
creative, uh, to help us mitigate a lot of those. But, um,
as a community that saw the need. So I went through the
hurdles and a lot of the concerns, what we end up with was
a stable Shoreline better part.
Space. But more usable park space, the AIDS Garden. Chicago
has the stones from the Belmont rocks. So in the end, it
turned out pretty well. But throughout that process we talk
about Authority. We were basically at the mercy of the Army
Corps of Engineers. So I I believe has sole Authority for
the shoreline is, is that correct?
Yes. Yeah. I mean the park district owns as, you know,
Alderman owns much of the shoreline. But yes, the the Army
Corps is I would I, you know, I law could weigh in if I'm
not using the precise terminology, I think it's probably
fair to say that primary jurisdiction.
Right. The way I would put it. Yeah. Um, because I think
maybe to go to Alderman, Le spot's point, we I could have
used more Community, folks maybe to to help explain why we
had to do this, right, why? It was important to have
something that was longer term accessible. Um, and and
really would do the job of that. The, the old pretty rocks
weren't weren't quite doing. Um, so maybe 3 isn't enough.
Maybe we need, we should have we should look at 3 3, non 3
outside of City governments, right? Those are 3 male, the
3, male appointments. Everyone else is a member of the city
of Chicago government, right? Sustainability, Park
District. But, I mean, I, I, I, I could see value in
having, um, some Community representation Beyond just those
3 because there might be, uh, certainly geographically, 3,
3 might be tough, um, you know, North Middle South, if you
did it that way or depending
On what the issues are. Obviously, you know, my Lakefront
is all Parkland or Harbor. Uh, there are industrial uses
other places as well. Um,
and I, I don't know that they're represented here. I was
going to ask too because
It's All City departments. It's a city Advisory Board.
That's going to be working with our state and federal
agencies, right? So so they have to be part of those
quarterly meetings as well. Otherwise I mean if Army Corps
is there
it's probably it's probably nothing to do, um,
So I think it's smart. I think it's a good idea. Um, we if
we need to make some tweaks, I'm open to doing that down
the road too. Um, but look forward to seeing how this rolls
out in other communities because we learned a lot of
lessons in Lake View, um, some good and some bad. So happy
to be helpful to whoever, whoever is next on the shoreline,
too, it'll be your far south and far north side neighbors.
Yeah, yeah, yeah.
Well, thank you. Thank you. Alder Conway.
Yeah. What I I would be you mentioned the role of the Army
Corps of Engineers. What was anyone from the Army, Corps
consulted, in, in, craft in this, uh, ordinance or this
Advisory Board.
Uh, so thanks for your question, Alderman. I, you know, I
personally have not consulted with the Army Corps on this,
I would defer to the chair and the committee staff. Um, I I
know that we discussed, um, with advice from law, whether
they could be on the board and ultimately, it was decided
that, you know, the city can't really require a federal
agency to be on a Advisory board. So that's why you don't
see them explicitly listed. I I that's what I can say, I
guess to their involvement. And, and I'll say, um, no
And I think that we've had a lot of Engagement with the
Army Corps, specifically around the current Shoreline
project. And this is about Chicago, having an Advisory
Board, um, and specifically, even with the timing of this,
as we look for, uh, June 2025, right? To be in place. We're
thinking of the timing of kind of the current, um,
Shoreline piece. So we want to make sure that we have our
Kind of Chicago area entities outside of the Army Corps um
coordinated and in communication together, right? As we
near that point in the project to make sure that we have a
space to have some of the discussions in a more unified
way, is that? And I mean, is that when the report is due
back from the Army Corps and
In that 2025 time frame. Yes. Okay. Do, what is the role of
the, uh, of the? Um,
US Coast Guard in in dealing with the shoreline. I'm not
aware of uh of a role connected to these Shoreline
management plans. But I am also not. I will be learning
through this Advisory board so I could get back to you
through and I was curious, I remember that the, uh, uh, a
nonprofit organization, uh, tried to do a swim across all
them, and Riley's War, as well as myself. And the US Coast
Guard, kind of gave them approval to do that. So, I assume
they have some, uh, some, some some role or at least, they
think they have some role, uh, in that, um,
uh, any involvement in the, uh,
Mwrd in, in craft, in this knowing, it's a fairly local
agency. Yeah. So um, I I know that again. Not personally
myself, but I know that staff did did make sure that the
district was aware of this. I think, again, ultimately the
decision was made not to literally list them here. Given
they're not a city or sister agency, but I, you know,
certainly, from Doe's perspective. The way we approach
everything with the district is we would want to, we would
want to make sure to be inclusive and to have them. Um,
As much as participating as much as they're willing and
able.
The additional piece to that um, on your um tracking
document on some of the changes. I don't know if it's in
there, but I'll just say for background context. There we
started with
Pretty much a pretty similar version. You see, just the
changes, um, through discussion with the Departments there
was at 1 Point, um, because we did consult with the, uh,
mwrd. There was an idea, um, um, from some of the
Departments to maybe include waterways as well, um, and to
think of the shoreline and waterways. So we were very open
to that. But through conversations, especially with mwrd,
there is a water waste, task force, that they actually feel
pretty happy with. And they didn't want to see
Consolidated, so they asked to kind of just stay with the
waterways and thought that they they were calm. They were,
they didn't want to be a part of this because they felt
like their work and their scope was different than this.
we we did actually have kind of extensive conversations and
conversations and thought about whether this should be
combined or not. Um, but uh, felt like this was a different
enough scope of work and some of the folks already at that
water. Weight table felt so as well.
Yeah. And and I and I, I appreciate that. I'm I'm
I think it concerns me. I'm not saying not having quite
decided, which on this, but is that it seems like a lot of
these powers and Duties are the type of things that we
created the department of environment, that then you all
seem to be doing a great job to to handle. And I worry that
at a time and we're trying to cut the tape. We are creating
a blue ribbon committee to add more red tape to, to this
process. And that's 1 thing. That gives me pause. I'll say
and I'm happy to respond on that understandable, 1 thing,
I'll say and
You you've got a little bit of this now too, as a Shoreline
Community. Um,
There aren't.
spaces for our public and our community to have a voice and
advocacy, and especially when dealing with
Pretty.
Um,
the most bureaucratic of bureaucratic processes. Um,
it was really difficult to Navigate to navigate, 2019 storm
season and going into 2020 and to have to deal with finding
the, the resources, both Financial that the city did find
to pay for like Rubble Mound revetment. Um we were losing 1
to 2 feet of Shoreline with every storm cycle that came
through and in the 49th Ward as in um, other neighborhoods,
further south, um, we have people that live right on the
shoreline. And so,
That's where the root of this need is the Department of
environment.
Certainly right. We'll weigh in kind of internally with the
Departments, but a lot of this is also opening up to not,
not just the city. Um and providing a public space um, for
folks to come and be a part of the process and we've seen
some great success in public participation with the urban
forestry Advisory Board, where groups advocating for things
come and bring ideas and get to engage in a positive
educational way with City departments, where, you know,
might be making policy recommendations but it's still kind
of governed within the city's processes and I anticipate
some similar things of like, how are we creating that space
for education and advocacy while also especially on the
education piece? There are going to be
parameters and guidelines that we can't change from the
Army Corps and that's an other piece that we also have to
be able to bring back to our constituents and even our
departments. And I think to council for us to understand
what limitations that we have. But so that's that's kind of
the, the heart of it. Yeah, no. I I have said my piece and
I and I appreciate, uh, appreciate that response. And I
yield what zero time. I have left. Thank you. You can have
5 home, more minutes if you want. No, no, no, no, no.
That's all I got.
Um, any other aldermen? I'll hop inworth
Thank you chair. Um, as a Edgewater
A representative. I um, I'm thinking about my folks that
live on Sheridan Road and those, um, those people are very
concerned about their backyards disappearing every year.
So, um, I'm grateful that this is happening. Um, and glad
for the collaboration. Um, we have people who have invested
a lot of time into a vision of what the north Terminus
could look like in the last 4 miles. So if this is an
Avenue where they can, um, engage, I'm happy for it. Um, I
had a question about the, uh, the reining of Dhaba Lakes
Road Drive, is this something that this
Advisory Board would be involved in.
Um I think that it could be right. Um explicitly this
focuses more on the shoreline piece of it and so the
intention is not um to focus on dabble Lake Shore Drive.
And again um hopefully we work on our engagement and find
some good solutions to dabble Lakeshore Drive long before
June 2025.
um, uh, um, I'm hoping that, um, so that when we actually
get going with this, we can really focus on the shoreline
Yeah, thank you for that. I'm only thinking because there
are plans to actually increase and expand the lakefront,
which is incredible. Correct. And um, right now, I don't
believe that many other departments besides I Dot and C
dot. I really taking the lead on that. So I'd like to see
Department of planning and development and and the
environment Department of environment, um, have more of a
voice at that table,
Thank you for that. I think Alder Lawson with a follow-up
question. Then Alder Reilly I've got I just wanted to say
that uh especially in Lake View and Lincoln Park, there's a
lot of shorelines. Well and and then further south, there's
a lot of Shoreline changes. Um so I would I would really
appreciate this group. Also reviewing um 1 of the great
things about redefining. The drive is we had a strong
robust Community process where that leads us we'll figure
out in the next few months right here. But uh I just want
to Echo what uh all the 1 were said thanks. Thank you. Um
Alder, Reilly
Thank you, chair. Um, and I I generally Echo Alderman,
Conway's comments and I know chairwoman you've been really
leading the charge on this for the last several years. And
appreciate you doing that. I know it has a significant
impact on your constituents. I also represent a good uh
chunk of the Chicago Shoreline. Um, and we're concerned
about the very
Same issues that you are. Um and I understand why mwrd isn't
isn't involved. Um, the cities had its issues on and off
with v various federal agencies.
1 of the things that I, I wanted to raise. I think it's
about setting expectation levels um by creating this new
entity and I understand why you're doing it. Um, because
there has not been uh, the greatest coordination of all
these various um, organizations and assets.
The bottom line is um the feds will decide ultimately what
the Fate is of our of our Shoreline. Um it's been made very
clear that that any changes or any um new policies to help
us save our Shoreline are going to be driven by the feds
and while I understand that this group is intended to
uh serve as a sounding board and perhaps to provide policy
recommendations and in a certain way to maybe serve as an
advocacy
Group with the federal government. Um, I would hate for
folks to look to this new entity as the solution, um,
knowing that it can't control the destiny of our Shoreline.
And that, that really truly will be dictated by the Army
Corps of Engineers at the end of the day. Um, and depending
on the administration and frankly, who's running the Army
Corps at the time, uh, the city of Chicago has had, uh, an
up and down relationship with that agency.
And more often than not that agency reminds the city of
Chicago.
That we're preempted and they don't have to listen to us.
And so, while I certainly support the intent here, um, my
only concern is that there is a disconnect between
gathering this information making policy recommendations
and advocate advocating for them.
And really the end result, which is what we really care
about, which is Shoreline preservation with a sensitivity
towards local, Chicago needs and perspectives. Not
The wants or needs of federal bureaucrats. And so, um
chairwoman could you explain I guess, you know how how we
would frame this to those folks who may
Be interested in signing up for a 2 or 4 year appointed
term.
On this new entity. Sure. And I appreciate the comments and
I think I don't know I feel like you actually laid it out
pretty clearly on what that balance is going to be because
that's certainly the pressure.
That, that my community has felt right? Um, that
uncertainty of how much say are we going to have? What
influence are we going to have? Um, and all those factors,
right? Who's in charge of who's, in charge of the core,
what that relationship is, are all going to determine some
things? And even, you know, we spend a lot of time, my team
and I in 2019 as we delved into all the work from the last
assessment, right? Like 30 plus years ago. And some of the
some of the metrics and the factors that the Army Corps
used, to determine basically what mileage of our Shoreline
was worth. Protecting were um, let's just say if you
reading them now um you you might you might Flinch um, a
like oh wow, like that's that's an actual metric that you
use um 1 of those metrics was percent of white people.
Right? Like as they look to determine the economic
importance and significance of our miles of Shoreline, um
which likely it led to some reasons why I like those kind
of 2 miles north and 2 miles south. We're not deemed uh
worth putting any infrastructure protection into and so
even though they ultimately get to decide
I also know in working with folks from the Army Corps over
these last few years. Like they've they've changed a little
bit.
They've changed a little bit and they are trying to they
are influenceable within their own parameters and within
our budget and certainly we also have um, you know, an
Illinois delegation that I think is have been fantastic
advocates in working as much as they can at the federal
level to support our Community Voices. So I think, you know
what I'm looking for? Is want a space for us to have
influence for us to paint a vision? And it's going to go
beyond this project, right? So it's not just about what the
next kind of Shoreline protection project will be for the
Army Corps. We're also talking about like vision for our
Parklands vision for how we use it, um, and it's broader
than this.
All right, well, that's helpful and I appreciate the
clarification. Um, you did mention the Illinois delegation
and frankly um at the end of the day it's on them.
To get us some results with the Army Corps of Engineers,
the Army Corps of Engineers works for them.
And there are equivalent in DC. Uh, and while I am a big
fan of all of our incumbent Congress people, um, they need
to step up.
because at the end of the day, the city can host these
types of
work groups and task forces. Um, but this is a federal
issue and our federal Representatives need to hold the Army
course feet to the fire.
And demand some results and accountability. So, um, perhaps
there's a way to invite. I know, we can't compel but invite
Representatives from our Congressional offices.
To be present at these meetings and to participate in them
because at the end of the day, it's the Congress people.
Who are going to be able to impose their will on the Army
Corps, not members of this body. And so I just leave that
to you chairwoman as a suggestion. Um, but also, as a
reminder to the public that uh, our federal representatives
are the ones that need to move the ball down the the road
for us on this. And we should all strongly encourage them
to to step up because you're right, the clock is ticking
and we only have so much Shoreline left. Thank you. Madam
chair. Thank you.
Do we have any other questions or comments on this item?
All right, Alderaan Martin moves to pass all those in
favor. Say I
all those opposed say, nay
The opinion of the chair of the eyes have it. Um we'll
report this vote as a recommendation to pass at the next
city council meeting on septembar. 18th
Um, fantastic.
Thank you guys.
All right our second item. So for a second item, we're
going back to the first item um on today's agenda. So um
resolution 202400010855, which calls on the US Congress to
expand the scope and enforcement of railroad. Safety
standards members of the committee were sent a copy of a
proposed substitute resolution before today's meeting via
email. We've also provided members with physical copies of
the proposed substitute, the only change to the substitute
resolution is to update it to call on the House and Senate
to pass the 2023 bipartisan Railway safety act.
With guidance, from our federal Partners, we were advised
to update the language to support this act, given the
sensitivities around the consent decree and ensuring that
the communities of East, Palestine Ohio continues to
receive the resources. It needs to recover.
The railway safety act is a more expansive. Uh is more
expansive in strengthening railroad safety protections
Nationwide and will still realize the goals and intention
of the original resolution. Um, with that may I have a
motion to accept the substitute resolution for
consideration by the committee today don't move. All right,
so moved by Alder Conway.
All those in favor. Say, I
all those opposed say nay and the opinion of the chair, the
eyes have it.
So as no Fork, Southern Railroad Company looks to expand
its rail yard in Chicago's Englewood neighborhood. It is
crucial to have this discussion about railway safety and
the implications for our communities.
Chicago sees more railroad, tank, cars carrying volatile,
crude oil passed through it than anywhere else in the
country.
On June 27th 2024 a Canadian National Railway Train.
Derailed in Madison Illinois, just south of Chicago
residents were evacuated after 25 cars carrying various
substances, including liquefied, petroleum gas. Derailed,
while No 1 was injured. The derailment in Madison is
demonstrative of the public health and environmental risks
the communities with railroads face daily.
In febuary, 2023, East Palestine Ohio made national
headlines. When a train carrying hazardous materials,
derailed releasing hydrogen chloride and phosphine into the
air and forcing area residents to evacuate, as a result of
the derailment Norfolk. Southern Railroad Company entered
into a consent decree with the Department of Justice in the
Environmental, Protection Agency, to address the specific
events.
That precipitated the derailment and provide relief and
resources to the communities directly harmed by it.
The tragic incident in East Palestine illuminated, several
concerns about railroads working conditions and safety
regulations, including that private ownership of Railways,
focuses too much on driving profits rather than protecting
communities at high risk.
All communities that have railroad tracks are at risk of
similar, derailments tragedies.
This resolution calls on our US Congress and federal
agencies to strengthen and enforce national railroad
safety, standards to mitigate the risk of accidents and
derailments. By passing the railway safety act.
This act a bipartisan Bill currently before congress with
strengthened national railroad safety, standards and hold
railroad companies accountable for their operations.
I urge all council members to support this resolution and
advocate for the passage of the railroad safety act to
ensure the protection of our communities.
Joining us today to speak on the matter. Our John Paul
Jones, president of sustainable Englewood initiatives and
Robert Weinstock environmental law expert from the pritzker
school of law. They will offer key insights into railroad
safety issues and provide some background on the topic.
After their remarks, they will be available to answer any
questions and with that, I'd like to turn it over to John.
Paul, to share his Insight on this resolution. Thank you
for being with us today. Well, thank you so much. We are so
blessed to have your leadership, um, to look at railroad
operations across Chicago.
I spent a long time coming for Chicago and city council, to
even consider railroads as
A part of Chicago and its history and, and its significant
value in terms of the jobs and Investments that occur. But
also, um, the challenges regarding environmental challenges
regarding railroad safety, that we all confronted with
particularly on the south side and integrate angle
District. Um, my name is John Paul Jones and I'm the
chairman of the and president of the um, sustainable
initiative.
Um, we've been around since 2012 actually.
Um,
we had an initial different naming before that time.
but when the railroad company of North accelerant, um,
Put into the local newspaper that they want to buy 105.
Parcels of land City on land and Englewood to expand their
railroad operation off of 47th Street into Englewood.
Um, it gave us a whole new chapter of how we should be
involved with railroad operations and I we should be much
more involved with land, use decision, making and zoning.
So everything's changed August the 8th of 2012, everything
changed. Um and we start a wonderful campaign that at that
time involved. And we recruited the north North Western
University. Um, environmental Clinic to help us. Um,
But I really appreciate again this opportunity to talk with
you.
Um,
Now his name is we've been involved with Environmental
Solutions, Tatian planning, linked development strategies.
We've been quite involved with property reduction
strategies uh, through health and other Enterprises. I
mentioned a moment ago that we everything changed in 2012.
Uh, initial our earlier name was um G Englewood Community,
Family task force, and that was created. Back in 1998 again
about railroads.
And at that time, we had a organized a community benefit
agreement with CSX railroad because they was doing
development along. Um, West thing, will Corridor near
Damen? Hamilton, Western area.
um, so in Inwood is pretty much surrounded by railroad
companies and
And at that time frame, we did not know of any kind of
secret plan of of how they want to deal with railroad
planning in Englewood.
But we eventually became much more knowledgeable about the
more broader plan that was taking place, which took us back
to 1991.
Whatever Regional Transportation authority.
Had a plan and a meeting at at the museum of science
Industry. And at that time, I was a, um, an associate
director working with small businesses in Englewood, but
the Englewood Business Association and it came back 1 of my
board leaders. Came back and said, I just came from a
meeting.
With RTA want to shut down all the railroad software roles
real role.
And that kicked off a whole campaign on the south side to
get um really cooking on how we're going to deal with
railroad operations. Now that was our RTA Metro CTA issue
but it eventually became uh, a railroad matter of the
private agencies.
Um so all these years we've been working on and and looking
at and monitoring railroad operations. And now we're the
point now where uh, we was blessed to kind of see what was
going on. Um,
With the state of Illinois and with Congress of how they
want to again, look at create a whole new campaign to
reduce traffic congestion on the south side.
The Chicago 78 project, right? Downtown here.
Then the the brand new community they say they want to
create it will not happen without them industrializing
Englewood.
Everything restaurant that moving traffic congestion away
from downtown.
Wherever operations away from downtown.
and moving it South so they can have easier access to
reduce their travel, um, for the railroad companies and
reduced uh, travel delays with for Amtrak and also travel
delays for Metro.
So there's a there's a larger public good. Of course of
bringing about some type of performance and efficiency but
real operations, but at the same time we are in Engel War
dealing with a much.
Serious concern about environmental impacts and railroad
safety, um, as these shifts occur.
And so today we are so excited and supportive of your
resolution that you are looking considering today. It looks
at Congress and looks at the um, the US Senate.
To really move ahead on passing the 2023 a railroad. Um,
safety act that would allow us to have a much more uh a new
conversation with the railroad industry and allow us to
have a new conversation about how we're going to deal with
these anticipated. Um, hazardous materials going to be
flowing through Chicago.
Uh, let me give you a snapshot of how much real in traffic
is coming through Chicago.
Illinois, both the second largest railroad system in the
United States.
14,000 533 rail, crossings and bridges.
7,400 miles of track.
91 railroads or industry providers to our ports in
industrial facilities.
There's 9 class 1 railroad companies.
5 of them.
Mainly operating in Englewood.
CS sexual Railroad Union, Pacific North North accelerant.
Burlington New Orleans Center Santa Fe
And and this 4 others that operate in Chicago but they
mainly operate from Englewood.
In addition, the United States has 615 Shortline railroad
operators. These are private companies
Of the 615.
52 operate in Chicago.
We don't even talk to them. We don't know who they are,
they play no role play here or in Springfield, in the
public realm, but they're out there and we need a process
to kind of get these railroad conversations. Much more in
front of people of Chicago.
I mentioned earlier that since 1991 we've been in England.
Inundating. Looking at real world issues.
And even today.
We're working on ways to kind of get CTA to even do more
with the red line extension project.
because the railroad shift of the red line, includes having
the rail yard of Union Pacific, relocated
That.
End of itself, should trigger some public hearing.
Because there's an environmental impact.
But yet, there's no public conversation about it.
Your cumulative impact report that you did last year, you
did an assessment.
You didn't pass the ordinance and we got to get to the
ordinance. Because what's what's happening? Is that we
still have railroad operations that are operating outside
of this government.
And it's still bringing about all sorts of environmental
harms to the district.
And we're going to need a process to that can trigger. When
these land use decisions are made. When these zoning
decisions are made, when these environmental impacts are
made, we can come to a body to come to agreement of how
we're going to move forward.
That's what we hope to see accomplished as we move on this
year.
I mentioned earlier about the um, the Chicago 78 project.
Even in that project, we've we're hoping to see as these
railroad companies, move out of Chicago 78.
That, at some minimum, they will begin to. Look at some
type of length development agreement on what they can do,
more to help solve s remediate, um, Hazard conditions
throughout the district, what more could they do to help us
to deal with railroad traffic issues? 1 more? Can they do
to help us to get other kind of environmental Labs going to
protect the public?
the community of health impact assessments, we will hope
that we will get back to you and we're hoping that
communities can begin to kind of use this environmental
justice index in a way that can really benefit the public
much more than it has that at this point.
and so, what we're hoping they encourage is that the
railroad
Act would also move Chicago to act to create some type of
platform that we can begin to have uh a greater role play
when it comes to land use and Zoning when it comes to
Railroad operations in Chicago. That is just trick is some
type of public hearing at a minimum
In 2022.
The Microsoft Technology Company left Chicago.
They were providing air quality monitoring throughout the
city.
Something happened where they decided not to do air quality
anymore.
So that means that many parts of Chicago don't have any
kind of air monitoring going on.
At the same time, people are still going through some
serious health, dilemmas and West Englewood just last year,
the Chicago, um, Universal cargo.
Documented that West Englewood St. Corridor that we was
advocating about in 1998.
Has the highest rate of cancer in the city of Chicago, and
it's right along the railroad. Corridor of Hamilton, Street
of the city of secretary Railroad.
Right now, there's no amount of turn going on.
And we would hope that as we look at these railroad
Improvement, strategies in Congress and in the US Senate,
that we also will come back to look at what role Chicago
can play in this department to ensure that we have some air
quality support and protection on the south side.
Also, we hope to see accomplished as we move towards
railroad changes and reforms Across the Nation.
Um, stemming from the East, um, Palestine Ohio derailment,
which prompted us to kind of work with this with this
committee. Uh didn't bring some kind of regional wide or
Nationwide reform is that we would get back to possibly
doing what we had. Agreed through ordinance in the city of
Chicago, in 2013, when Norfolk Southern decided to make
their expansion, we did do a community benefit agreement
and that agreement, they set aside money for Community
Fund.
In that agreement, they also supported along with the city
to create a community advisory committee.
The fund was established.
But the oversight and the spending of that fund is, is
never came to the community.
The advisory committee was approved by the city council.
But yet, there has to be no advisory Council set up. This
is since 2013 to oversee
What's happening with the railroad?
So we're hoping those kind of activities can happen this
year as well that we can make your hand to kind of provide
some real formal role play for us to play where railroad
operations on the south side.
In closing, I want to also encourage that we figure out
ways to get prepare ourselves.
Danielle Lori, Commerce Commission, is recognized in in the
2023 port in a 2023 report.
That we had as many as 30, derailments in Cook County alone
last year.
You didn't hear about it nor the many people here, but but
we had 30 in Cook County.
There was 50 through the state of Illinois but there was 30
30 in Cook County, so these developments are happening and
we don't know what's happening in terms of the level of
Hazards that's being released. But we do know that city
council can help us play a role to get into the bottom of
this and to better protect the citizens of Chicago.
And so we we want to encourage that. You also look at ways
of working cook, Cook County.
Cook County has not created a platform as well, but we can
get Cook County to work with you.
To look at ways in which we can create a unified emergency
preparedness team.
That we can have citizens working with the county.
To be a part of the demonstration models, where we can kind
of really get to the bottom of how we can better prepare
ourselves in case of emergencies.
Right now, there's no role, but if I citizens and we hope
that that can be accomplished with this committee as well.
In closing, I just want to again thank this committee for
having this moment with us to talk about railroad
operations.
Uh, we've been going through for so many years, um, on the
South Side, particularly Englewood, but Railroad delimits
and challenges.
Thank God. We have had a major derailment.
But all these comments are around us.
The expansion low for southern is happening right now. They
quietly doing expansion of the burning to Northern along
Western Street.
And now we have the create project where the US Senate
Durban is leading along with Cook County and with, um, our
state officials and even sir Chicago
to create a 4.6 billion dollar plan.
To reduce traffic congestion. On the south side with the
railroad Industries and where and trap. And with Metro
We need we need citizen involvement with that and we need
to see the council to help us get a platform to be at the
table on some of these key decisions.
That's impacting many people's lives.
And again thank you for this opportunity and I want to
share it now with thank you, John Paul. Um we'll now hear
from Robert Weinstock from the pritzker school of law. Um,
thank you chairperson Haden and thank you to the committee
for the opportunity to speak with you all today. Um, my
name is Rob Weinstock. I am a clinical professor of law at
the Northwestern priser school of law where I also direct
the environmental Advocacy Center which is an environmental
law clinic. Um 1 Des off the top, our Clinic uh is engaged
in real world litigation and policy projects throughout
Chicagoland. We represent groups like sustainable lingual
initiative and in fact we do represent sustainable.
What initiatives in, uh, trying to address Rail Yard.
Pollution. I am here today, though. Uh, in my more academic
capacity, um, to talk about a few opportunities that the
city of Chicago has to better. Protect its residents, who
live next door to Rail Yards from both the catastrophic
risks of events like what happened in East Palestine as
well as, um, the everyday Health, uh, burdens that come
with breathing, in diesel, exhaust, with dealing, with
noise, and odor from rail with dealing from tra dangerous
traffic Crossing, um, in your neighborhood. Um, I'm going
to speak about uh, 3 things. And first, I'll just say I I'm
I'm not um, here to speak in depth about the bipartisan
Railway safety act. That is a very sound piece of
legislation that has a whole host of reforms that would be
very valuable, um, in a number of ways. Um, I'd be happy to
speak about that at another point, but, um, what I really
want to do is encourage this committee and the council at
large to take other opportunities to act in concert with
that act,
If the federal legislators, um, come to do their part, uh,
city council should be considering what it can do, uh, as
to theirs. Um, so, there are 3 things. The first I do want
to review very briefly, um, the consent decree that Alder
person hadn't mentioned, uh, between the US government
state of Ohio and, um, Norfolk Southern, uh, I want to
speak to the 2013 ordinance that Mr. Jones just mentioned
related to the Norfolk Southern expansion, uh, in
Englewood. And then um, talk about a larger, uh,
Regulatory development last year, under the federal Clean
Air Act, that creates more space for proactive regulation
by state, and local governments. Um, first as to the, uh,
proposed consent decree with Norfolk Southern um that will
resolve certain environmental law claims that the state of
Ohio and the federal government brought against Norfolk,
Southern coming out of the East Palestine derailment. Um,
is the uh I can speak a bit about this Federal statutes
that's under the comprehensive environmental response
compensation and liability Act cercla of the super fund
which deals with contaminated land. Um, and cleanups, as
well as the Clean Water Act, which as you may know, um,
deals with pollution to waterways. Um, basically that
consent decree as it is proposed and currently the
Department of Justice is reviewing comments including
sustainable englewoods submitted uh as to this proposed
consent decree and we'll put it to the judge, the federal
judge in Ohio, for approval. Um, as it is composed, it
contains many really important Provisions to
Provide direct relief to the people of that were directly
impacted. Um, it also, though, contains Provisions that
relate to Norfolk Southern's operations throughout the
country including here in Chicago. And that is um, the
comments that sustainable Englewood initiatives submitted
and that, um, chairperson hadn't a very powerfully
supported, um, relate to those broader Nationwide,
operational improvements some of that overlaps with what is
in the railway safety act as well. Those improvements um
are important but what is
uh, will be important to see in the final consent decree is
whether those those improvements are directed to the most
vulnerable communities bearing, the greatest proportion of
rail yard, risk and everyday environmental burden. Um, we
will see, I can speak, uh, if there's interest about those
Provisions. Um, if anyone has questions, um,
I then want to speak, uh,
In the interest of time, I'll skip over some of the
specific Provisions. Um, and just note that 1 of these
Provisions, relates to something that Mr Jones talked
about, in terms of emergency preparedness and actually, it
was related to the first agenda item today as well. Um, it
the consent decree requires Norfolk Southern to coordinate
with local governments and 1 of the pieces in the consent
decree that may may change is opening up that coordination
to Greater Community involvement. That's particularly
important in a place, like Englewood where the rail yard
runs, uh, literally next door to public and charter schools
and under the current consent decree. There's no provision
for talking to the principles of those schools. For
example, if Norfork Southern were to do something like the
vent and burn procedure that they used in East Palestine
which spewed contamination over what's estimated to be 16
States. Um, so so that is 1 thing. I would just highlight
in terms of emergency preparedness. Um, and Community, uh,
consultation and involvement
Um, I just want to speak about the 2013 ordinance that Mr.
Jones mentioned. Um,
that was part of a deal brokered by the city government,
um, to allow Norfolk, Southern to take over streets and
Alleyways in Englewood, and, um, that actually involved the
cities, um, explicit commitment, to help, Norfolk Southern
act on tax liens and buy people out of their homes. In
Englewood to facilitate uh, to create literal space um for
the expansion as part of that ordinance and it is at so
2013-4 I believe. Um, the committee was provided with a
copy uh as part of that ordinance um Norfolk Southern
agreed to a $3 million Community benefits fund. It was
called the neighborhood Improvement fund um that had 3
different components 1 million dollars was to be used to
upgrade a equipment uh, within Norfolk, Southern's own Rail
Yard uh, which would result in fewer are missions because
they were basically modernizing old uh dirty diesel engines
with newer slightly less dirty diesel engines. Um the
second million dollar bucket was for economic development
incentives and the third for environmental projects
Um, and improvements the ordinance requires Norfolk,
Southern to make those payments under a certain schedule.
And then the city to spend that money, the ordinance
required, the city to spend that money with Community
consultation, and it authorized the city to create, um, a
community Advisory Board to oversee that spending and I'll
just quote, the language here. Um, that, that
Uh the city council passed in 2013. The city quote shall
consult with Community Representatives including without
limitation, any advisor committee formed to review or
monitor expenditures under the neighborhood investment fund
agreement, to determine the best use of funds dedicated to
such environmental and economic develop, uh, development
improvements and uses. Um,
According to a september 12th 2022 presentation by Norfolk
Southern at Kennedy King College. Um they have contributed
to 2.75 of the 3 million dollars to the city um and about
1.1 million dollars. Uh, slightly under 1.1 million dollars
has been spent by the city that leaves, uh, over, uh, 1 and
a half million dollars left. Uh, and another 250,000
payment to come from the rail yard. When certain additional
streets are are turned over Alleyways, I believe are turned
over. Um,
And no 1 knows. Um, what has happened to that money, or
what it may, or may not be spent on, um, in the future. Um,
1 thing that I would say is that,
The city could already has the legal authority to tomorrow.
Convene, a community Advisory Board under that 2013,
Ordnance.
Assess how much of these funds are left and what they should
should be used for, with the required Community oversight.
Um, that is the state of of the city's own law. Um, the
state of those monies as I said is, uh, unclear,
Um, I'll move on to the final point. I wanted to make which
which was with respect to the opportunities, new
opportunities for state and local regulation of air
emissions from, uh, rail operations. As, uh, Mr. Jones
touched upon, uh, rail operations, involve. Lots of big
largely old, uh, and very often dirty diesel engines, which
create localized air pollution, um, that can have a whole
range of extraordinarily, der effects to, um, people who
breathe it in particularly, um, are young and are elderly.
Um, which as I said is, particularly Troublesome in
Englewood, where the Rail Yards literally, but, um, Chicago
Public Schools.
Um, the Clean Air Act, the federal Clean Air Act, uh,
section, 213 A5, uh, requires US EPA to regulate new, uh,
train engines.
For years, really decades that provision had been
interpreted as preempting I believe, 1 of the Alders in the
earlier discussion use that word as preempting state or
local regulation of rail emissions at all.
um, last year, US EPA completed, a rulemaking where they
recognized that that interpretation was overly Broad and
they instead announced and clarified in a new federal Rule
and you've been provided with the citations in the
materials. Um, that that preemption, that ability of only
the federal government and not state or local governments
to regulate only applied to brand new engines. Once engines
and other equipment are no longer knew, then states and
cities can do things like require, uh, certain maintenance
regimes, anti-idling, uh, regulation. Um, a whole range of
other regulatory approaches, um, that are now available to
States and local governments, um, that were not before.
Um, I uh want to just make, uh, oh and I'll just make the
point that uh when that regulation was rolled back. Uh,
reinterpreted. Excuse me, California moved very quickly to
approve, stringent, new rules on on new locomotives um,
including um barring locomotives older than 23 years of age
age from operating in the state, unless they meet. Um,
say basically been retrofitted to meet modern standards,
um, requiring operators to uh idling limits within with
robust enforcement mechanisms um and implementing reporting
reporting, obligations medical, uh, excuse me, air quality
monitoring and other, um, impacts assessment Provisions as
well. Um, those are things that Illinois and the City of
Chicago could consider now that they couldn't consider, um,
just uh, last year. Um, this is important to uh, consider
particularly as the city is considering its obligations as
M as Mr. Jones mentioned under, uh, the voluntary
compliance agreement with
HUD related to the Civil Rights complaint filed by the
southeast environmental task force and people for Community
recovery. I will now add my second disclaimer, which is
that I am Council for the southeast environmental task
force in relation to that settlement. Um, so I will just
say this, um, that settlement require, uh,
Authorized and required. The cumulative impacts assessment,
that was completed last year. And uh, the cumulative
impacts ordinance that has been mentioned and is and is
under discussion. Um,
The opening of space in the federal preemption regime for
the consideration of rail. Uh regulation by local
governments, uh, certainly suggests that there is an
opening to consider the cumulative impacts of rail. Um, as
part of that process, uh, I will say that those cumulative
impacts have been, well, established by the city's own
community of impact assessment which flagged Englewood as 1
of the most overburdened, um, residential neighborhoods in
the city, it's also been documented by tremendous work done
by community and nonprofit groups. I will highlight here,
the work of elvo in the center for neighborhood technology
um in their recently released truck counting portal. Um and
so um I I will I will leave uh the points on cumulative
impacts their although obviously um am very happy to field.
Any questions just in closing, um, Chicago developed into
into the economic and cultural capital that it is, um, in
no small part because of our status, as the Hub of the rate
nation's rail network, but that Legacy of rail, which has
benefited everyone in this city, um, has created sacrifice.
Price zones and burdens in particular communities. Again,
you can see that through the city's own, cumulative impacts
assessment. And so, I, I hope that the, um, city council
committee um consider broadly, what steps they can take to
address those disproportionate, uh, impacts. And, uh, I
hope that my testimony today has has elucidated some of
those opportunities uh, from from a legal perspective. Um,
thank you again so much for this opportunity, uh, and I'm
certainly happy to continue the discussion during this
session. Uh, we're offline.
Awesome. Thank you, Rob.
Um, opening up for questions. I've got Alder Lopez First
and just let me know if anyone else has questions.
Thank you, chairman and chairwoman, excuse me and good
afternoon. Members of the committee. Is there anybody from
the railroads CSX or Norfolk Southern here today?
No.
Were they invited?
No.
Okay. Um,
As the.
Only Alderman of Anglewood here today.
Railroad safety. And its impact is important to me. Both
for my angle West Anglewood residents.
but also for my residents and Back of the Yards in New
City, which you also know intersects not just with Norfolk
Southern but with CSX and a few others, um,
I,
Fully agree that Chicago's Legacy is founded
wholeheartedly. Uh,
on the railroads because of the railroads,
the most American of American cities is because we're right
in the middle of America.
By default.
But I
Was hoping that.
as we talk about safety,
that we'd have not only our partners here in the railroad.
Uh, Community, but also talking about what we can do to try
to get more investment in addressing not just what is
mentioned here. But all the also, the Aging infrastructure
um,
1 of the things that I I've heard and forgive me. Um, John
Paul, you know, this is my favorite topic. But I've been
bouncing back and forth, because as we're sitting here,
like the irony of today, Madam chair. Yeah, yes. Is that in
1 meeting? We're sitting here talking about.
Railroads of the present and in the Next Room we're talking
about railroads of the past and turning the old elevated
trail, uh, along 59th Street into an elevated.
Place of of Outdoors, a functional outdoor space uh in
Greater Anglewood. Um so you all got me working on both
ends today. Great, great day. Um, you need a conductor's
hat, right? Right. Right.
Yes I do. Um, can
but I also want to just point out Madam chair if I can, is
that
It's easy to fall into the Trap of demonizing Industries,
right? Um, You made a comment about sacrifice zones and I
don't think I'd ever call West angle with a sacrifice Zone.
And I don't think my residents would appreciate that,
either.
Or Back of the Yards for that matter.
Um, I understand the impact that industry has on community
and I understand why we're saying what we're saying, but I,
but I want to make certain that we're clear about what's
going on.
As we're talking about here.
The I'm assuming we're referring to the Norfolk Southern on
50th Street.
That inner modal correct or well from 47. But I mean, we're
about the main, the main bulk of what was expanded upon
which was down there in the 20th. Ward, that that's what
we're referring to. When you, when you mentioned what's
going on on Hamilton, you're referring to CSX, that's over
there. So, I I just want to make sure that we're not
Just kind of throwing everything out out there, but that
we're actually differentiating the fact that we have
multiple lines that go through that area. Um, and yes,
which is why I bring up back to the yards because Norfolk
Southern goes from actually, from almost 59 Street. I know,
I take that back. Um, yeah, 59th Street all the way down to
47 Street. And then CSX goes from 51st Street all the way
to 687 Street, if I'm not mistaken. 70 cups, 71st Street, I
don't go that far. So I'm kind of guessing. Um,
but,
Those 2 inner modals as well as what has been expanded upon
on Columbus Avenue. What's been expanded upon in Bedford
Park? Uh, uh, Cicero Avenue.
um,
have thousands of jobs associated with them.
uh, support multiple Industries and
as we've seen at the Norfolk Southern in particular, um,
in Anglewood and Back of the Yards in New City is that
they've actually become
the model.
For 21st century.
Railroad Intermodal facilities, with the fact, they've
replaced many of their older pieces of equipment.
Have become more fuel, efficient more electric. It's a
Marvel. What they've been able to do in the same footprint
without expanding
conversely.
As you look at what's going on in Anglewood and referring
back to that uh Community benefits agreement from 2013
which was a few years before my time. Um, but I believe it
was signed under Rahm Emanuel. And then Alderman, Willie
Cochran if I'm not mistaken. Yeah, correct. Um,
That mirrored the same Community benefits agreement, which
I think could be a model for other communities and I think
it was modeled after the 1980.
7 agreement with CSX and West Anglewood. Know, I'm 18, 98,
98. Actually the 98 plan was way better, and we had a
citizen panel that the department of planning set beside
us, every quarter to determine where that money is go.
It's, it was a much better Cooperative season. I'm more
familiar with that clearly because that was my part of my
ward. Um,
but as we as we're looking at, how can we address some of
these concerns and how can we address both the
environmental the uh, job creation and
The impact.
Of of these facilities. We also have to incorporate the the
other missing elements in my opinion and I'd love your
thoughts on this which is that if you're trying to do
things in a way that's beneficial and addresses many of
those same concerns that you're talking about, you have to
bring in both
City go. You have to bring in city government in a way that
works fast, right?
because the issue that happened in the 20th, Ward for all
of my colleagues edification, was that
That did start in 2013 and it was nearly a decade of delay
stall and confusion.
From City departments. Whether it was water, whether it was
streets in sanitation, whether it was all those things and
delaying the permits and processes of moving forward. That
actually got some resolution notwithstanding the the
acquisition of property and the 1 Soleil holdout, but the
city of Chicago itself delayed that growth and actually
cost us. I think approximately 200,000 jobs.
because of the fact that 10 years of nothingness didn't
allow that,
Uh, inner modal to achieve its full potential.
so,
We know in Anglewood.
in particular that
we have a little more of ease when it comes to land access
than you do in other neighborhoods.
um sadly we've seen where in particularly in communities on
on the south and west side, angle would be no exception.
The housing crisis of 2018 is created larger amounts of
vacancy and we see especially where they are built around.
Railroads, they're trying to capitalize on that, vacancy to
expand their operations and their footprint. Um, but I want
to
See what we can do. And my hope is that
My colleagues from angle and I'm sure would agree.
That we want to do things that are in a responsible way to
our community, but also create opportunities for those
jobs.
or the community to benefit in ways that go beyond just a
dollar, a container or whatever the on loading offloading
matrixes, that we come up with for both
Uh, as well as find ways to ensure that, you know.
Our communities.
can see that Resurgence and those jobs come in
particularly, you know, as Amazon, the Amazons of the world
become, the more dominant uh, Force when it comes to
shopping and things of that nature. All of that arrives
somehow,
And there's no reason why our communities can't capitalize
on that benefit from that. While at the same time, pushing
our federal Partners to help ease the investment
opportunities, uh, back into our communities,
I will close on this though, Madam chairman.
It's also incumbent that as we're doing this, that the
railroads themselves.
Dig into their pocketbooks.
And hold on to your shorts because I know most people
aren't gonna believe that. I'm gonna say this, they have to
pay too, right?
Those railroads are family-owned 150 year institutions that
don't like spending a dollar for anything.
They'll come up with every excuse not to invest in
infrastructure and oftentimes I've heard it's because if we
start here we're gonna have to do everything.
People of Anglewood, people of canaryville, too people.
Back in the yards, they don't want to hear that.
and,
I think that's where the city and our partners can work
together with them.
To find ways to ease their burden, if they're going to do
what they need to do in our communities. So that we don't
have walls crumbling on people's homes. So that you have
the vibration detectors built into all the plans that keep
people's foundations and windows from cracking because I'm
sure because I know I'm preaching to the choir here, but
for many people who've never had to live next to that. That
is quite an experience. When
A 40 foot empty container.
Crashes to that floor and everything in your house rattles
out of its shelves.
So look forward to the conversation. I think it would have
been great to have the
railroads here and hopefully Madam chair. We can have a a
larger conversation with them to see what we can do to
address their concerns as well. But also make sure that we
are all on the same page because uh as with all things, if
it's just a 1 sided conversation, the both just going to go
around in circles. Thank you.
Thank you Alderman, Lopez and certainly um for your
community. And I I know um some of what John Paul shared um
1 of the things that was interesting to to me about this
was just the large impact in the footprint that railroads
have all over the city. Um, so while, you know, the, the
kind of impetus for this was focused on Englewood,
we there's I think rarely a community represented in the
city that doesn't have the impact of 1 of The Rail lines or
have to deal with the companies in different ways like for
you know, me and the 40 Ninth Ward, it's Union Pacific. Um,
Um, whose tracks we use for the metroline. And, um, uh, so
if you, uh, are interested, I I'm pretty open to, um, I
know our, uh, our guests here today. Have talked about some
kind of future things. Well, we could look at on advisory
boards and I would agree with you that uh, the railroads
have to be at the table to be part of the solution there.
And so if you're interested in working on anything specific
to that, I'd be open to working on that with you.
Yeah.
Other questions altar.
Thank you very much. I I didn't want to ask you a question
about. Um,
so actually the railroad railroad railroad, that's a
mouthful, railroad safety act uh, in part because it does
it's a lot of the, the be it resolved piece of it and I
admit I'm not as familiar with the substance of that
pending legislation as I would like to be. Can someone talk
about some of the key elements of it? Some of it is
described in the the
the the last whereas here, but if someone can speak a
little bit more to you that legislation what some of the
Practical impacts of that would be if it were successful in
passing through Congress. And actually, if somebody can say
like what where it stands currently in,
Congress. I think that would be really helpful as we think
about, not only how we vote on the resolution today, which
I definitely support, but where, where my representatives
are on this and how we can help move this along.
Um, thank you for that question. I can, I can try to answer
parts of it. I, I am not a, uh, Congressional, uh,
I, I don't, I and I have not followed the act so I can't
speak to that last question of where it stands today. Um, a
few of the key pieces. So I I think what's important is I
review, the ACT is it was really passed in response to the
east Palestinian derailment and so many of the provisions
are fairly specific, right? Um, they want to create
Funds for local firefighting companies to be better equipped
to deal with hazardous releases from rail. They want to pay
the fire companies back uh after after something happens,
when they're forced to respond to something catastrophic.
Um, there's some
Paid them back. So when uh when the East Palestine, the
fire, the fire company. Oh the fire company used to you
said the rail company? Oh no they want the ACT would
require the rail companies to reimburse the fire
departments for expenses to respond sorry. Um then there's
some technology forcing Provisions to the ACT. Requiring
the sort of heat the thermal detectors that experts think
would have prevented the East Palestinian derailment. If
they knew that the bearings were overheating, um, speed was
some Street new, um, safety measures like speed
restrictions in urban areas. Um, requiring some additional
braking, um, systems. Uh, it would broaden the category of
hazardous chemicals that the Rail Yards, rail companies
need to report. So, Mr. Jones mentioned the ICC, the
Illinois Commerce Commission receives reports from the
railways about what, chemicals, they're transporting. So
this would broaden the list of chemicals that, um, to
include things that you would have thought might have been
on there before. Like, for example, explosive vinyl
chloride.
um, uh, and uh, other flammables, um, nuclear material
the list before um nuclear just for emphasis added nuclear.
Materials is not currently on that list. I believe it's I I
nuclear materials has a there is some other
uh,
Doe rules around transporting, uh, nuclear material. So
there may be, I don't want to. But yes, that is true secret
issue else. Um, and then, um, notification requirements. So
increasing the notification requirements that Railways have
to, uh, give to States about, um, the types and frequencies
of trains that are carrying different materials. That again
materials. That again, is the Commerce Commission reports.
Um, the other thing that I think is interesting, um, and,
and this goes to something that the last Alderman mentioned
about changing the way Railways. Um, think a little bit,
um, 1, um, it prohibits Railways from, uh, setting time
limits on inspections. So North Fork Southern had a policy
that, uh, inspectors were only to spend 30 seconds on each
train car. So no longer are such policies legal, uh,
inspectors need to spend as much time as they need, uh, to
figure out if a rail car is safe or that would be the
effect of this act I should say. Um, and then it also, um,
massively increased, um, the available fed.
Penalties for violations of rail safety. Um standards. Um
and uh, and 1 other sort of notable. Um, and this again,
speaks to the job concern to some extent. Um, it also
requires them to have 2 crew members, uh, rail companies
have for years been downsizing, their actual Crews, um,
which creates huge safety risks. Um, I, I, I don't know
about you Alderman, but I wouldn't get on an airplane
without a co-pilot. Um, and that's effectively what the
railways many had been doing this act would, um, prohibit
that
There's a piece that you said, all of that is um both
helpful and alarming. The, the P. Could you repeat the
sentence around the prohibition on the length of
inspection? That can happen. So I yeah, I think that that
is a piece in this. Uh I I believe the language in the bill
bill simply prohibits rail, you know, operators from
imposing a time limit on inspections, on their own
inspectors, not federal inspectors, but the rail companies
employees, who do their own inspections because what had
come out as part of the East Palestinian sort of
Saga. Um, is that Norfolk Southern had an internal policy
where they told their own employees? You are only allowed
to spend 30 seconds per car.
I appreciate it. I appreciate you sharing. Like it's
striking to me that
all of the things that you just named, there's no
prohibition on them doing those things. There's no ceiling
on the level of safety that they're allowed to pursue.
These are choices that they're actively making. Is that
correct?
Your understanding is the same as mine. Alderaan. Okay, I
appreciate that. Thank you, sir. And to to either uh, chair
or John Paul, do we have a sense of where
Where this piece of legislation currently is in Congress,
or could that be provided through members to members
through the chair?
We're not sure where it is so yeah we can we can try and
assess kind of where it is. It seems to have a lot of good
support and
Yeah, the current sponsor is uh JD uh, the person, the vice
president for the Republican Party. He's, he's 1 of those
sponsors of the U dance and brown. So, from the senators
senators from Ohio. Right, interesting. So they are leading
so far. Yeah, so it's a vice heart. It's a bipartisan
effort, right? So JD Vance and Sherrod Brown at the
Yeah. So he he gave it much more Synergy than before.
It's always curious when there's power like that behind
something, and it still hasn't moved that, that raises more
questions than we have time for in the room. But I
appreciate both of your time chair. I really sincerely.
Appreciate you raising this up to us? Thank you.
Okay.
Yeah.
All over the place. Do you want to? Yeah.
Sorry, chairman I was just going to answer my colleague's
question. It was introduced uh March 1st 2023.
Right. Which was about 3 weeks after
These Palestinian derailment? Yeah, and amended in December
of.
2023.
Right. Um, do we have any other questions for our speakers?
Okay, um, having no more questions. Could I recommend uh,
here get a motion to recommend approval of this resolution.
All right, so moved by Alderman. Now hoppenworth all those
in favor say I I all those opposed say nay
The opinion of the chair of the eyes have it. I'll report
this vote as a recommendation to pass at the next city
council on septembar, 18th 2024.
All right, having no more questions. That concludes the
items before committee. Today, we'll send out any answers
to questions. That were not answered. During today's
meeting through the chair. And I'd like to take a minute,
just to thank everyone for joining us. So, thank you to my
committee members. Thank you, to our guests. And with
there, being no further business, uh, for the committee,
may we have a motion to adjourn. So moved by Alder Lopez.
All right, what do we got? 232 hearing, no objection. So