MWRD Board Holds Study Session on Land Use and Environmental Justice Policies

Metropolitan Water Reclamation District (MWRD) Board  
Study Session on Land Use (Leasing) and  Environmental Justice Policies
August 18, 2022

The stated purpose of the study session was to discuss the two proposed policies and to get input from the Board and members of the community.  All commissioners were present. The session was called to order by Commissioner Garcia, chair of the Land Use Committee. 

Land Use (Leasing) Policy
The Legal Department was asked to start with a slide presentation. A few highlights of this presentation include:

• Public recreational leases make up approximately 80% of the District's leased land, providing trails, parks, and natural area and offering over 500 acres of open space to the public.
• Commercial/industrial leases generate between $25-$28 million a year in leasing revenue, support local jobs, and provide an important tax base for local communities.
• Leases along the channels support over 4,000 jobs.  The Sanitary and Ship Canal has the highest percentage of corporate [MWRD] and commercial and industrial users.
• Almost all of the North Shore Channel and the vast majority of the Cal-Sag Channel are used for public recreation.

Commissioners' Questions/Comments:

• President Steele noted that the first Land Use Policy was established in 2015 and she is interested in hearing public comments.
• Commissioner McGowan noted that the District already has an extensive land use criteria in place.
• Commissioner Spyropoulos said that the policy should react to the needs of the communities involved and the changing dynamics of the board.  She asked if “fiscal impact” could be added to the criteria list.  The General Counsel said that it is already part of the process both from the perspective of the District and the local community, and Yes it could.
• Commissioner Morita requested that the new “Environmental Justice Policy” be moved to a higher place on the criteria list.  She asked how the District is currently assessing risk and previous problems with potential leasing entities - what else besides performance and indemnity bonds.  She then suggested that the MWRD do an audit/assessment of its land holdings under the framework of environmental Justice.
• Commissioner Davis asked how the public comments would be considered for amendments to the two polices and was told that they would be reviewed and included in amendments.  Davis also noted the phrase “disproportionally impacted areas” which was used in the Disparity Study seems to have been left/replaced with “minority and low population" which could have constitutional problems.  Two other comments:  1) The open space policy should be extended beyond wealthy communities namely, the North Shore; and 2) The Land Use Policy should be more about open space and squeezing out as much as possible for public benefit.
• Commissioner DeBuclet requested that the 3-year formal review suggestion contained in a letter from the League of Women Voters of Cook County (LWVCC)  be added to the policies. She also asked if the District received revenues from its recreational leases and was told YES – 25% of any generated revenue but the total amount is minimal.  Another question, “is urban agriculture a part of the leased land”.  Answer:  Yes, but there isn’t a need for a separate category as it is very site specific.
• Commissioner Sepulveda commented on the criteria review process itself.  She noted that the phrase DIA [Disproportionally Impacted Areas] should be used; but most important there needs to be data indicators and metrics to measure the MWRD’s success in this area.  The RFP is the time and place to add this measure.
• Commissioner Perry said that she echoed the other commissioners’ comments and also asked the question, “how can the District create shareable information on its vision when opportunities become available”.

Environmental Justice Policy

• The Legal Department stated on its slide that the “proposed policy is based on the U.S. EPA’s definition of Environmental Justice:  the fair treatment and meaningful involvement of all people regardless of race, color, national origin or income with respect to the development,implement-tation, and enforcement of environmental laws, regulations, and policies.  Fair treatment was defined to mean that no group of people should bear a disproportionate share of the negative environmental consequences resulting from the District’s operations or policies.”….
• Commissioner Morita noted that the Land Use Environmental Justice Policy should only be a policy – followed by a “process or guideline document.”
• Commissioner Sepulveda said that “air pollution” should be added to impact.  She also said that addressing the historical impact of racism is important and how goals are developed should include measures that can be used for accountability purposes.
• Commissioner Garcia asked if land purchased for Stormwater Management counted as MWRD land.  The answer:  Generally, NO as the property is often turned back to the community to be maintained once the work is completed. 
• Commissioner Garcia also noted that this August 18 Study Session’s focus is only on land leasing criteria and the new Environmental Justice Policy not land use in general.

Public Comments
There were 16 total in-person public speakers and several written comments sent to the Board Secretary.

• Eight (8) Business and commercial associations covering business and shipping.
• Three (3) Environmental groups [Friends of the Chicago River and 2 Urban Agricultural organizations.  Friends suggested adding a Land Use Director to the payroll.
• One (1) real estate appraiser and 1 real estate lawyer [2 total]
• Three (3) local community leaders

Points Made:

• Chair Garcia, noted that the Chicago Civic Federation provided a written response recommending adding “fiscal impact” to criteria.  
• All of the business, shipping, and association speakers spoke to the benefits of leasing land to them and urged the MWRD to continue its leasing policies.
• The environmental lawyer noted that the MWRD requires that when a piece of leased land is returned it must be restored to Residential requirements.
• The unincorporated land areas around Lemont should be included in the MWRD coverage area.
• One barge is the equivalent of 22 semi-trucks being removed from use and putting CO2 into the air.    More trucks are off the road because of tug boats land barges.  Safer and better for the climate.  Barges are also used by one waste hauler to move waste down the channel to trucks that go a short distance to a landfill.

Observer:  Diane Edmundson