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Lightfoot statement rated “Mostly False”
Monday, Sep 9, 2019 - Posted by Rich Miller
* Setup from Politifact…
“We’ve got 600-plus police and fire pensions Downstate that are on the cusp of insolvency because they don’t have the revenues that they need to be able to keep those pensions going,” [Mayor Lori Lightfoot told the Chicago Sun-Times]. “They’ve done all the things that we have done historically: raised property taxes, sold assets, had their ratings reduced by rating agencies, and they’re out of levers to pull, so they need help just as we do. So this isn’t a Chicago-specific thing.”
Um, no.
* The backtrack…
“I think highlighting that there are lots of police and fire pension systems that are underfunded is accurate,” said Amanda Kass, associate director of the Government Finance Research Center at the University of Illinois-Chicago. “I don’t think it’s accurate to indicate that the majority are on the brink of insolvency.” […]
“The mayor’s point that municipalities throughout the state are struggling with their pension obligations is an important one,” spokeswoman Anel Ruiz wrote in an email. “Approximately 30% of the 632 public safety pension funds in the state are currently funded at ratios of under 50 percent, according to the Department of Insurance.”
That math tracks with the DOI data included in the commission’s report. For comparison, Chicago’s police and fire pensions are both funded at levels below 25%. Just 25 Downstate public safety funds have a ratio lower than that, records show.
It’s difficult to say your city’s pension funds are just like everyone else’s when only 4 percent of Downstate and suburban funds are worse off than your two biggest problems.
…Adding… From comments…
(W)hat has confused me about her “this is a solution for everyone” framing is that I don’t understand what she is proposing that will help downstate towns at the same time as Chicago. Is she suggesting that the real estate transfer tax be raised everywhere, not just Chicago?
* And then there’s this…
Peoria, for example, faced down a $20 million pension gap by cutting its city workforce by about 16 percent — eliminating 22 firefighter positions and 16 police jobs to close its $6 million budget hole.
Downstate, Carterville raised property taxes by 30 percent last year to help cover a shortfall created by a state mandate.
Kankakee increased its municipal sales tax to help pay off its pension tab.
And even little Alton (population: less than 30,000) had to take action: it sold off its water treatment plant for about $54 million to help pay down its unfunded pension liabilities.
Of course, Chicago is much larger and a central pillar of the state’s economy, but lawmakers up for re-election may not see it in purely economic terms. Helping the Windy City gives rhetorical ammunition to political opponents looking to needle incumbents who might approve any kind of a tax hike when so many others were left to fend for themselves.
“Little Alton” is about the same size as Kankakee and both are much larger than Carterville, but you get the drift.
* Also, the property taxes in, say, Rockford (a city mentioned more than once by Lightfoot) are significantly higher than they are in Chicago. Rockford didn’t wait for the state.
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* Press release…
Attorney General Kwame Raoul and DuPage County State’s Attorney Robert Berlin today released the following statement in reaction to DuPage County Circuit Court Judge Paul Fullerton’s approval of a consent order entered in People of the State of Illinois v. Sterigenics U.S., LLC.
“When our offices partnered to file a lawsuit against Sterigenics in 2018, we called upon and gave the Illinois General Assembly time to strengthen our state’s laws regulating sterilization facilities that emit ethylene oxide. With nearly unanimous support, the Legislature this spring passed the nation’s strictest requirements on ethylene oxide emissions at sterilization facilities, which were quickly signed into law by the governor. The consent order entered today mirrors and goes even further than the new law.
“The consent order gives our offices the tools to act quickly to protect the community and hold Sterigenics accountable for any future violations of Illinois’ new ethylene oxide restrictions or other state environmental laws. To be clear, nothing within the consent order guarantees that the Willowbrook facility will reopen in the immediate future – or that it will reopen at all. Under the consent order, Sterigenics’ Willowbrook facility is strictly prohibited from resuming sterilization operations until it constructs new emissions control systems that have been reviewed and approved by the Illinois EPA. The Attorney General’s office, the State’s Attorney’s office and the court will be closely monitoring each step Sterigenics takes to potentially reopen.
“Our offices are duty bound to enforce state laws as written and passed by the General Assembly. The new law signed this summer – while containing landmark restrictions of ethylene oxide emissions – allows any facility in compliance with the law to operate in the state of Illinois. While Illinois has acted to significantly reduce ethylene oxide emissions, the health concerns arising from the use of ethylene oxide and other harmful chemicals is an issue of national importance, and the conversations surrounding ethylene oxide emissions should continue at the federal level.”
Background:
The now-final consent order requires Sterigenics to comply with a new law passed by the General Assembly this spring, which contains the nation’s most stringent regulations of sterilization facilities that emit ethylene oxide (EtO). Sterigenics’ Willowbrook facility is comprised of two buildings, Willowbrook I and Willowbrook II. The consent order prohibits sterilization operations from taking place at Willowbrook I, Sterigenics’ primary facility, until it is in compliance with both the new law and the consent order. According to the consent order, Willowbrook I is prohibited from resuming sterilization operations unless and until the company installs new emissions capture and control systems and submits plans for testing the new systems, all of which must be reviewed and approved by the Illinois Environmental Protection Agency (IEPA). Sterigenics will also be required to provide the IEPA with test results that confirm the new systems capture 100 percent of emissions. Additionally, Sterigenics must obtain multiple certifications required by the new law prior to using EtO at Willowbrook I. The consent order also prevents Sterigenics from conducting sterilization operations at Willowbrook II until Sterigenics applies for and obtains a permit from the IEPA, and the consent order is amended to allow for such operations.
If Sterigenics receives a permit and is allowed to resume operations, the net effect of the requirements in the consent order and the new law will be to reduce the EtO emissions from the Willowbrook facility to no more than 85 pounds per year. This represents a drastic reduction from Sterigenics’ reported annual emissions from 2006 to 2018, which ranged from 2,840 pounds to 7,340 pounds per year.
The consent order is a court enforced agreement that resolves both the state’s lawsuit against Sterigenics, and Sterigenics’ lawsuit challenging the IEPA’s seal order, which temporarily stopped Sterigenics from using EtO. The consent order is a stronger legal tool than the IEPA seal order because it strips Sterigenics of any legal ability to resume the use of EtO without meeting all legal requirements under the new law and the consent order, including new emissions controls. If Sterigenics fails to comply, the Attorney General and State’s Attorney will seek court enforcement of the consent order and penalties, including the possible cessation of operations at the facility and contempt of court.
I assume I’ll be receiving other reactions soon and will post ‘em when I get ‘em.
…Adding… Sen. John Curran…
I am disappointed with today’s ruling and remain committed to the Governor’s call for a special session to advance legislation that would ensure Sterigenics never reopens.
*** UPDATE 1 *** Press release…
n light of today’s disappointing court ruling, Illinois House Republican Leader Jim Durkin (R-Western Springs) introduced new legislation that will give local municipalities the authority to ban the use of ethylene oxide in their communities.
“Sterigenics continues to prove they cannot be trusted and have no place in our region,” Leader Durkin said. “If the Illinois EPA continues moving forward in issuing permits, then we must do everything we can to empower our local municipalities in their fight to keep Sterigenics closed for good.”
House Bill 3885 authorizes any municipality in the state of Illinois to implement a local ban of the use of ethylene oxide within its boundaries. If a local municipality chooses to adopt this authority, any sterilizing companies would be prohibited from using ethylene oxide. This bill has the support of the village of Willowbrook.
“If the Illinois EPA isn’t going to enforce the Matt Haller Act, then it’s essential that the legislature be called back into session so that we can ensure Illinois residents are safe,” Chief Co-Sponsor Rep. Deanne Mazzochi said.
The governor, you will recall, has said that if Durkin introduced another bill he’d call a special session. From July 18…
“I made it clear to Leader Durkin this morning that, if he requests it, I will call a special session of the legislature to allow for an immediate vote on a bill that is constitutional and will fix the perceived shortcomings of the legislation he previously sponsored.”
…Adding… Press release…
Following is a statement from Antonio Romanucci of Romanucci & Blandin, LLC, one of several law firms representing victims sickened by Sterigenics, the medical sterilization equipment manufacturer in Willowbrook, Illinois. A judge on Friday ruled that Sterigenics, which has been closed since February, can reopen.
“Anyone who lives near Sterigenics will shudder to learn that this dangerous company will be allowed to reopen. They have proven time and again that they are irresponsible and willing to put countless lives in jeopardy by emitting the toxic chemical ethylene oxide into the surrounding atmosphere at high levels. For decades, they knowingly blasted a deadly chemical into the air. Hundreds of thousands of have been exposed and tens of thousands have been sickened. Now, thousands of victims are being represented in these lawsuits seeking justice. Countless more will be sickened in the future–and no one knows how many have already died as a result of this noxious poison. Sterigenics cannot be trusted, and should not be allowed to reopen and put even more lives at risk.”
…Adding… Press release…
State Representative Deanne M. Mazzochi (R-Elmhurst) released the following statement after DuPage County Judge Fullerton ruled in favor of allowing the Sterigenics Consent Order to proceed with modifications:
“I’m glad the court’s process stopped the ILEPA’s original plan to allow Sterigenics to reopen under the guise of secret proceedings that were not subject to transparency or judicial review. But the consent order still places a great deal of trust in the ILEPA.
“Legislators will not tolerate an ILEPA that chooses bureaucratic box-checking over doing its job to protect public safety, including following the Matt Haller Act to the letter. If the ILEPA does its job right, Sterigenics should never reopen under these circumstances. And if that necessitates more legislation and ILEPA oversight, so be it.”
…Adding… Willowbrook Mayor Frank Trilla…
Despite the Court’s action today of issuing the Consent Decree, our fight to ban ethylene oxide in our community is not over.
This afternoon, State Rep. Jim Durkin filed new legislation to amend the Environmental Protection Act and give home rule units of government like the Village of Willowbrook the ability to ban ethylene oxide from being used within our boundaries.
We are relying on our state legislature to do what is right to protect not only the Village of Willowbrook residents and our surrounding communities but for the entire state. That means 217 home rule units of government in Illinois can benefit from HB 3885, and prevent ethylene oxide from entering these communities.
I want to thank Rep. Durkin, HB 3885 chief co-sponsor Rep. Deanne Mazzochi, and Sen. John Curran for their endless support in our fight to ban ethylene oxide.
Willowbrook and our surrounding neighbors will work tirelessly to ensure passage of this legislation.
*** UPDATE 2 *** From Emily Bittner at the governor’s office…
Statement
The Governor is pleased that Leader Durkin and his colleagues are proposing a solution to strengthen their original legislation. He looks forward to immediately reviewing the measure, and he will support it unless there are constitutional concerns. From the outset of his term, the Governor has focused on protecting these families, including the Illinois EPA’s seal order in February to shut down Sterigenics’ operations, allowing the Legislature to work to create the strongest possible safeguards for families. To move quickly, he urges Leader Durkin to begin the legislative process on this new bill, including building consensus for this approach, holding hearings and scheduling votes for the relevant committees.
Background
The consent order reached today with the company is significantly stronger than the legislation that passed the General Assembly.
Because the steps outlined in the consent order will take several months to complete, the administration anticipates that this legislation can be taken up immediately in the veto session in October and ensure that local communities have sufficient time to act.
…Adding… Daily Herald coverage…
Amid outrage from some residents, a DuPage judge approved a consent order that would allow the Sterigenics plant in Willowbrook to reopen if it meets strict standards controlling emissions.
“What I believe is not important. What I must do is to follow the law,” Judge Paul Fullerton said Friday, adding he would sign an agreement between Sterigenics, the Illinois attorney general and DuPage County state’s attorney. […]
“He’s signing our death sentence,” Willowbrook resident Melissa Alvarado said aloud in the courtroom, and other homeowners echoed her dismay.
*** UPDATE 3 *** Sterigenics…
Sterigenics, a leading provider of mission-critical sterilization services, today commented on the DuPage County Court’s approval of the Consent Order that had previously been agreed to by the State of Illinois (represented by the Illinois Attorney General and the DuPage County State’s Attorney), the Illinois Environmental Protection Agency, and the company. Court approval of this agreement resolves all current litigation between the State of Illinois and its representative agencies and Sterigenics, with no finding of liability or fault against either side and with no imposition of penalties.
During today’s proceedings, the Court noted that the State has acknowledged that there is no uncertainty that Sterigenics has operated in compliance with federal standards regarding its ethylene oxide (EO) emissions. Further, the State indicated in its briefing that compliance with the Consent Order and the new Illinois law regarding EO sterilization “will ensure that [EO] emissions from the [Willowbrook] Site are negligible and not a public health hazard.”
Sterigenics has always operated safely, and we are pleased that the State has acknowledged the safety of these new controls. The company will continue to work to complete the permitting process regarding the enhancements detailed in the Consent Order.
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Beware the vapes
Friday, Sep 6, 2019 - Posted by Rich Miller
* AP…
Illinois officials on Friday reported what they consider the first death in the nation linked to vaping after the person contracted a serious lung disease. They didn’t say if the e-cigarette contained marijuana oil or just nicotine. […]
Officials cautioned, however, that there have been respiratory illnesses diagnosed where the vaping product did not contain marijuana.
* New York Times…
Health officials in New York State said on Thursday that they are investigating a possible cause of a recent surge in severe vaping-related illnesses: a compound called vitamin E acetate.
The state Department of Health said in a news release that “very high levels” of the compound had been found in 13 samples from eight of 34 patients who have gotten ill in New York. The samples were analyzed as part of an investigation by the Wadsworth Center, a state laboratory. […]
“No one substance, including vitamin E acetate, has been identified in all of the samples tested,” [Michael Felberbaum, a spokesman for the Food and Drug Administration] said. “Importantly, identifying any compounds that are present in the samples will be one piece of the puzzle but will not necessarily answer questions about causality.” […]
Dr. Zucker, the health commissioner, said that all of the products containing vitamin E acetate were “on the black market” and not part of New York State’s medical marijuana program.
* New York State Department of Health…
Laboratory test results showed very high levels of vitamin E acetate in nearly all cannabis-containing samples analyzed by the Wadsworth Center as part of this investigation. At least one vitamin E acetate containing vape product has been linked to each patient who submitted a product for testing. Vitamin E acetate is not an approved additive for New York State Medical Marijuana Program-authorized vape products and was not seen in the nicotine-based products that were tested. […]
Anyone using vape products should never use unregulated products purchased “off the street.” Cannabis-containing products are not legally available in New York State for recreational use. These unregulated products are not tested and may contain harmful substances. Users of vape products should never modify vape products or add any substances to these products that are not intended by the manufacturer.
I checked with Rep. Kelly Cassidy (D-Chicago), who sponsored Illinois’ legalization bill. The current law, she said, does not specifically ban this additive. But there are strict limits to how much of any substance can be used to dilute concentrated oils.
* Vaping anything can be more dangerous than some may have believed…
When that vapor cools down in the lungs, it returns to its original state at that temperature and pressure, she said, which means “it has now coated the inside of your lungs with that oil,” [Michelle Francl, a chemistry professor at Bryn Mawr College] said. […]
Unlike the human digestive tract, which can break down and get rid of foreign substances, the lungs aren’t designed to handle anything except gases, experts said.
Laura Crotty Alexander, a lung inflammation and e-cigarette researcher at the University of California at San Diego’s School of Medicine, said it’s not clear whether the chemical itself or its byproducts could be toxic.
* ABC 7…
A suburban [Gurnee] teen is hospitalized, fighting to breathe, due to a lung infection his parents say was caused by vaping. […]
“I’m 18 years old and my lungs are like a 70-year-old’s,” he said.
Adam spent the last year and a half consuming about one and a half Juul pods a day.
* Meanwhile…
Michigan became the first state to ban both online and in-store sales of flavored e-cigarettes Wednesday.
Illinois State Senator Julie Morrison commended Michigan Governor Gretchen Whitmer for taking action, and called on Illinois Governor JB Pritzker and state lawmakers to do the same to protect teens and young adults.
Pritzker’s spokeswoman released a statement, saying, “The Governor has convened a working group of medical and legal experts to study the scientific evidence so they can develop long-term solutions to keep Illinoisans safe and healthy. So far, this administration has worked with the General Assembly to raise the smoking age to 21 and made e-cigarettes and vaping much more difficult for young people to get their hands on.”
…Adding… Introduced yesterday by Rep. Deb Conroy…
Creates the Flavored Tobacco Ban Act. Prohibits the sale or distribution by an establishment of any flavored tobacco product. Provides that the Department of Public Health shall enforce the Act and may adopt rules or guidelines for the implementation and enforcement of the Act. Amends the Tobacco Products Tax Act of 1995. Permits the Department of Revenue to suspend the license of any distributor that violates the Flavored Tobacco Ban Act.
* Related…
* Springfield Smoking Ban Extended To E-Cigarettes, Vaping
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“Don’t expect an immediate detente”
Friday, Sep 6, 2019 - Posted by Rich Miller
* Sun-Times last week…
In the latest round of the seemingly never ending prize fight between the two most powerful women in Chicago, Lightfoot ripped into Preckwinkle for rebuffing her efforts to work together, saying “a lot of that is up to her.”
But Preckwinkle fired back that she has sought to meet with Lightfoot and her top cop to discuss solutions to Chicago’s street violence, but to no avail. […]
“Let me be clear, I have said ‘Madame president, chief judge, sheriff, state’s attorney, let’s get together, let’s put our data out for the public to be able to see it and let’s work together towards solutions’ and what I got back was not a ‘yeah, that’s a great idea.’ I got back another nasty-gram from her,” Lightfoot said.
* Sun-Times editorial a few days ago…
There’s been plenty of finger-pointing between Mayor Lori Lightfoot and Cook County Board President Toni Preckwinkle when it comes to gun violence in Chicago.
We’re getting pretty sick of it. And we’d imagine you are, too.
As the two remained at odds, at least 43 people were shot — eight of them fatally — across Chicago over Labor Day weekend. That’s about double the number of people shot in the city compared to the same holiday weekend last year.
* Tribune editorial…
Will Lightfoot, police Superintendent Eddie Johnson, Cook County President Toni Preckwinkle and Cook County State’s Attorney Kim Foxx make serious progress on these problems? Can they set aside differences and tackle issues together, as our counterpart the Sun-Times urged? https://bit.ly/2lG5t3m We’ll continue to demand attention and answers.
* Yesterday…
After Mayor Lori Lightfoot brought up her fraught relationship with Cook County Board President Toni Preckwinkle in multiple editorial board meetings last week, and both got a Sun-Times rebuke, Preckwinkle says she’s trying again.
“I personally called Mayor Lightfoot this morning and left a voicemail. As everyone knows, there’s no single remedy to the complex challenges of ending violence,” she said at a Thursday press conference, referring to weeks of disagreements over the county’s bail practices and whether they contribute to Chicago’s violence. “I requested in my message that we have a private face-to-face meeting to start the process of discussing strategies to combat gun violence, which plagues so many of our communities… this is about governance, not politics.”
* Sun-Times…
“We all know that there’s no single remedy to stopping the violence, but there’s also no denying that Cook County and Chicago are stronger if we work together to address these issues. And I’ve said it all along, and I look forward to hearing back.”
As for the mayor, a spokeswoman for Lightfoot would only say “voicemail received and acknowledged.”
* Tribune…
Don’t expect an immediate detente.
…Adding… Good point in comments…
(T)he oldest trick in the book is to leave a message at a time and place that isn’t readily returnable and then leak it to the press that you reached out only to have your hand slapped. Maybe the Mayor is being petty, or maybe the Prez is being disingenuous. Either way, it’d be nice of there was a place, say a government building, that both the City and the County could locate in, to facilitate communication and coordination. Some place that an official could just walk to (without even getting wet) to go see an important frenemy. I’d love nothing better than to see one of them pull off the West Wing moment where President Jed Bartlett walks down Pennsylvania Ave to the Capitol only to have the Speaker and his cadre make him wait. Wanna win this war of who cares more? Make that walk…
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*** LIVE COVERAGE ***
Friday, Sep 6, 2019 - Posted by Rich Miller
* I’m going to try to tweak the look of this feed over the weekend…
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