Bill Text: IL HB5623 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Environmental Protection Act. Provides that moneys from the Underground Storage Tank Fund may be used by the Environmental Protection Agency to remove petroleum underground storage tanks that (i) do not have an owner or operator and (ii) are located on property owned by a unit of local government. Allows the Agency to adopt rules under which units of local government may request that the Agency remove, or take action in response to releases from, the petroleum underground storage tanks. Requires the rules to include criteria for ranking sites so that highest priority is given to sites that pose the greatest threat to human health and the environment. Provides that the Agency shall not take action on requests submitted under the amendatory provisions if there is a payment priority list formed under specified provisions of the Act. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5623 Detail]

Download: Illinois-2019-HB5623-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5623 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
415 ILCS 5/57.11
415 ILCS 5/57.20 new
Amends the Environmental Protection Act. Provides that moneys from the Underground Storage Tank Fund may be used by the Environmental Protection Agency to remove petroleum underground storage tanks that (i) do not have an owner or operator and (ii) are located on property owned by a unit of local government. Allows the Agency to adopt rules under which units of local government may request that the Agency remove, or take action in response to releases from, the petroleum underground storage tanks. Requires the rules to include criteria for ranking sites so that highest priority is given to sites that pose the greatest threat to human health and the environment. Provides that the Agency shall not take action on requests submitted under the amendatory provisions if there is a payment priority list formed under specified provisions of the Act. Makes other changes. Effective immediately.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Sections 57.11 and 57.20 as follows:
(415 ILCS 5/57.11)
Sec. 57.11. Underground Storage Tank Fund; creation.
(a) There is hereby created in the State Treasury a special
fund to be known as the Underground Storage Tank Fund. There
shall be deposited into the Underground Storage Tank Fund all
moneys received by the Office of the State Fire Marshal as fees
for underground storage tanks under Sections 4 and 5 of the
Gasoline Storage Act, fees pursuant to the Motor Fuel Tax Law,
and beginning July 1, 2013, payments pursuant to the Use Tax
Act, the Service Use Tax Act, the Service Occupation Tax Act,
and the Retailers' Occupation Tax Act. All amounts held in the
Underground Storage Tank Fund shall be invested at interest by
the State Treasurer. All income earned from the investments
shall be deposited into the Underground Storage Tank Fund no
less frequently than quarterly. In addition to any other
transfers that may be provided for by law, beginning on July 1,
2018 and on the first day of each month thereafter during
fiscal years 2019 and 2020 only, the State Comptroller shall

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direct and the State Treasurer shall transfer an amount equal
to 1/12 of $10,000,000 from the Underground Storage Tank Fund
to the General Revenue Fund. Moneys in the Underground Storage
Tank Fund, pursuant to appropriation, may be used by the Agency
and the Office of the State Fire Marshal for the following
purposes:
(1) To take action authorized under Section 57.12 to
and recover costs under Section 57.12.
(2) To assist in the reduction and mitigation of damage
caused by leaks from underground storage tanks, including
but not limited to, providing alternative water supplies to
persons whose drinking water has become contaminated as a
result of those leaks.
(3) To be used as a matching amount towards federal
assistance relative to the release of petroleum from
underground storage tanks.
(4) For the costs of administering activities of the
Agency and the Office of the State Fire Marshal relative to
the Underground Storage Tank Fund.
(5) For payment of costs of corrective action incurred
by and indemnification to operators of underground storage
tanks as provided in this Title.
(6) For a total of 2 demonstration projects in amounts
in excess of a $10,000 deductible charge designed to assess
the viability of corrective action projects at sites which
have experienced contamination from petroleum releases.

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Such demonstration projects shall be conducted in
accordance with the provision of this Title.
(7) Subject to appropriation, moneys in the
Underground Storage Tank Fund may also be used by the
Department of Revenue for the costs of administering its
activities relative to the Fund and for refunds provided
for in Section 13a.8 of the Motor Fuel Tax Act.
(8) To remove petroleum underground storage tanks that
(i) do not have an owner or operator and (ii) are located
on property owned by a unit of local government.
(b) Moneys in the Underground Storage Tank Fund may,
pursuant to appropriation, be used by the Office of the State
Fire Marshal or the Agency to take whatever emergency action is
necessary or appropriate to assure that the public health or
safety is not threatened whenever there is a release or
substantial threat of a release of petroleum from an
underground storage tank and for the costs of administering its
activities relative to the Underground Storage Tank Fund.
(c) Beginning July 1, 1993, the Governor shall certify to
the State Comptroller and State Treasurer the monthly amount
necessary to pay debt service on State obligations issued
pursuant to Section 6 of the General Obligation Bond Act. On
the last day of each month, the Comptroller shall order
transferred and the Treasurer shall transfer from the
Underground Storage Tank Fund to the General Obligation Bond
Retirement and Interest Fund the amount certified by the

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Governor, plus any cumulative deficiency in those transfers for
prior months.
(d) Except as provided in subsection (c) of this Section,
the Underground Storage Tank Fund is not subject to
administrative charges authorized under Section 8h of the State
Finance Act that would in any way transfer any funds from the
Underground Storage Tank Fund into any other fund of the State.
(e) Each fiscal year, subject to appropriation, the Agency
may commit up to $10,000,000 of the moneys in the Underground
Storage Tank Fund to the payment of corrective action costs for
legacy sites that meet one or more of the following criteria as
a result of the underground storage tank release: (i) the
presence of free product, (ii) contamination within a regulated
recharge area, a wellhead protection area, or the setback zone
of a potable water supply well, (iii) contamination extending
beyond the boundaries of the site where the release occurred,
or (iv) such other criteria as may be adopted in Agency rules.
(1) Fund moneys committed under this subsection (e)
shall be held in the Fund for payment of the corrective
action costs for which the moneys were committed.
(2) The Agency may adopt rules governing the commitment
of Fund moneys under this subsection (e).
(3) This subsection (e) does not limit the use of Fund
moneys at legacy sites as otherwise provided under this
Title.
(4) For the purposes of this subsection (e), the term

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"legacy site" means a site for which (i) an underground
storage tank release was reported prior to January 1, 2005,
(ii) the owner or operator has been determined eligible to
receive payment from the Fund for corrective action costs,
and (iii) the Agency did not receive any applications for
payment prior to January 1, 2010.
(f) Beginning July 1, 2013, if the amounts deposited into
the Fund from moneys received by the Office of the State Fire
Marshal as fees for underground storage tanks under Sections 4
and 5 of the Gasoline Storage Act and as fees pursuant to the
Motor Fuel Tax Law during a State fiscal year are sufficient to
pay all claims for payment by the fund received during that
State fiscal year, then the amount of any payments into the
fund pursuant to the Use Tax Act, the Service Use Tax Act, the
Service Occupation Tax Act, and the Retailers' Occupation Tax
Act during that State fiscal year shall be deposited as
follows: 75% thereof shall be paid into the State treasury and
25% shall be reserved in a special account and used only for
the transfer to the Common School Fund as part of the monthly
transfer from the General Revenue Fund in accordance with
Section 8a of the State Finance Act.
(Source: P.A. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19.)
(415 ILCS 5/57.20 new)
Sec. 57.20. Orphan tank program. The Agency may adopt rules
under which units of local government may request that the

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Agency remove, or take investigative, preventive, or
corrective action in response to releases from, petroleum
underground storage tanks that (i) do not have an owner or
operator and (ii) are located on property owned by a unit of
local government. The rules shall include criteria for ranking
sites so that highest priority is given to sites that pose the
greatest threat to human health and the environment. This
Section does not limit the use of Underground Storage Tank Fund
moneys as otherwise provided under this Title. The Agency shall
not take action on requests submitted under this Section if
there is a payment priority list formed under paragraph (3) of
subsection (a) of Section 57.8.
Section 99. Effective date. This Act takes effect upon
becoming law.