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90_HB2668ham001
LRB9008765LDdvam02
1 AMENDMENT TO HOUSE BILL 2668
2 AMENDMENT NO. . Amend House Bill 2668 by replacing
3 the title with the following:
4 "AN ACT to amend the Environmental Protection Act by
5 changing Section 57.11 and adding Sections 57.4a, 57.4b, and
6 57.4c."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Environmental Protection Act is amended
10 by changing Section 57.11 and adding Sections 57.4a, 57.4b,
11 and 57.4c as follows:
12 (415 ILCS 5/57.4a new)
13 Sec. 57.4a. Creation of Clean Tanks Management Board.
14 (a) There is hereby created the Clean Tanks Management
15 Board to develop a Clean Tanks Program. The Clean Tanks
16 Management Board is created as a political subdivision and
17 body politic and corporate and is not a State agency.
18 (b) The Clean Tanks Management Board shall consist of 11
19 members, including the Governor, the Director of the Illinois
20 Environmental Protection Agency, the Director of the
21 Department of Revenue, the Director of the Department of
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1 Insurance, and the State Fire Marshal, or their designees,
2 and 2 representatives each from the Illinois Petroleum
3 Marketers Association, the Illinois Petroleum Council, and
4 the Illinois Manufacturers Association. The Governor shall
5 designate one member to serve as Chairperson.
6 (c) Initial Clean Tanks Management Board members shall
7 be appointed by the Governor to serve as follows: 3 members
8 shall serve one-year terms, 4 members shall serve 2-year
9 terms, and 4 members shall serve 3-year terms, and until
10 their successors are appointed. As terms of initial members
11 expire, their successors shall be appointed to terms to
12 expire the first day of January 3 years following their
13 appointment.
14 (d) A vacancy in the Clean Tanks Management Board
15 occurring for any reason other than the expiration of a term
16 shall be filled for the unexpired term in the same manner as
17 the original appointment.
18 (e) A member of the Clean Tanks Management Board may be
19 removed by the Governor for neglect of duty, misfeasance,
20 malfeasance, or nonfeasance in office.
21 (415 ILCS 5/57.4b new)
22 Sec. 57.4b. Powers and duties of the Clean Tanks
23 Management Board; immunity.
24 (a) The Clean Tanks Management Board shall prepare a
25 plan detailing its findings and recommendations concerning
26 the development of a Clean Tanks Program and other
27 information requested by the Majority and Minority Leaders of
28 the General Assembly.
29 (c) The Clean Tanks Management Board shall establish a
30 plan for administering the Clean Tanks Program, including
31 but not limited to the following components:
32 (1) procedures for the operation of the Clean Tanks
33 Management Board;
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1 (2) procedures for the handling and accounting of
2 assets and moneys of the Clean Tanks Program;
3 (3) an agenda for publicizing the Clean Tanks
4 Program, including its eligibility requirements, and for
5 maintaining public awareness of the Clean Tanks Program;
6 (4) procedures for transition from the Underground
7 Storage Tank Fund to private insurance as the mechanism
8 for financial assurance for underground storage tank
9 system owners and operators;
10 (5) procedures for enhanced enforcement against
11 owners and operators who have not upgraded underground
12 storage tank systems and have not performed appropriate
13 corrective action in response to releases from
14 underground storage tank systems;
15 (6) procedures for an Orphan Tank Program to
16 perform corrective action at sites where public health
17 impacts are imminent and substantial and owners and
18 operators are unavailable or recalcitrant;
19 (7) procedures for a Brownfield Assistance Program
20 to provide assistance to communities to clean up
21 Brownfield sites impacted by tank contamination that
22 adversely affects the welfare of the community;
23 (8) procedures to continue to streamline cleanups
24 and make cleanups more cost-effective under existing
25 rules and regulations;
26 (9) procedures for contracting with a Program
27 Administrator to administer designated elements of the
28 Program; and
29 (10) procedures for handling other matters as
30 necessary to fulfill its duties under this Section.
31 (c) The Clean Tanks Management Board may enter into
32 contracts as necessary to carry out the provisions and
33 purposes of the Clean Tanks Program.
34 (d) The Clean Tanks Management Board shall not be liable
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1 for any obligation of the Clean Tanks Program. In addition,
2 there shall be no liability on the part of any member or
3 employee of the Clean Tanks Management Board or their
4 represented agencies or associations and no cause of action
5 of any nature may arise against them for any action taken or
6 omission made by them in the performance of their duties,
7 unless the action or omission constitutes willful or wanton
8 misconduct. The Clean Tanks Management Board may provide for
9 the indemnification and legal representation of its members
10 and employees.
11 (f) The Clean Tanks Management Board may adopt rules as
12 necessary to implement this Section and Section 57.4c.
13 (415 ILCS 5/57.4c new)
14 Sec. 57.4c. Clean Tanks Program plan development. The
15 Clean Tanks Management Board shall meet on or before July 15,
16 1998 to develop a plan for the implementation of the Clean
17 Tanks Program. The Plan shall be prepared on or before
18 September 1, 1998 and distributed on or before September 15,
19 1998. Persons or entities interested shall respond to the
20 Clean Tanks Management Board's Plan on or before November 1,
21 1998. The Clean Tanks Management Board shall prepare a final
22 plan on or before January 1, 1999. If the final plan is not
23 completed by the Clean Tanks Management Board before January
24 1, 1999, the Clean Tanks Management Board is abolished and
25 the Clean Tanks Program shall terminate on that date.
26 (415 ILCS 5/57.11)
27 Sec. 57.11. Underground Storage Tank Fund; creation.
28 (a) There is hereby created in the State Treasury a
29 special fund to be known as the Underground Storage Tank
30 Fund. There shall be deposited into the Underground Storage
31 Tank Fund all monies received by the Office of the State Fire
32 Marshal as fees for underground storage tanks under Sections
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1 4 and 5 of the Gasoline Storage Act and as fees pursuant to
2 the Motor Fuel Tax Law. All amounts held in the Underground
3 Storage Tank Fund shall be invested at interest by the State
4 Treasurer. All income earned from the investments shall be
5 deposited into the Underground Storage Tank Fund no less
6 frequently than quarterly. Moneys in the Underground Storage
7 Tank Fund, pursuant to appropriation, may be used by the
8 Agency and the Office of the State Fire Marshal for the
9 following purposes:
10 (1) To take action authorized under Section 57.12
11 to recover costs under Section 57.12.
12 (2) To assist in the reduction and mitigation of
13 damage caused by leaks from underground storage tanks,
14 including but not limited to, providing alternative water
15 supplies to persons whose drinking water has become
16 contaminated as a result of those leaks.
17 (3) To be used as a matching amount towards federal
18 assistance relative to the release of petroleum from
19 underground storage tanks.
20 (4) For the costs of administering activities of
21 the Agency, and the Office of the State Fire Marshal, and
22 the Clean Tanks Management Board relative to the
23 Underground Storage Tank Fund.
24 (5) For payment of costs of corrective action
25 incurred by and indemnification to operators of
26 underground storage tanks as provided in this Title.
27 (6) For a total of 2 demonstration projects in
28 amounts in excess of a $10,000 deductible charge designed
29 to assess the viability of corrective action projects at
30 sites which have experienced contamination from petroleum
31 releases. Such demonstration projects shall be conducted
32 in accordance with the provision of this Title.
33 (7) Subject to appropriation, moneys in the
34 Underground Storage Tank Fund may also be used by the
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1 Department of Revenue for the costs of administering its
2 activities relative to the Fund and for refunds provided
3 for in Section 13a.8 of the Motor Fuel Tax Act.
4 (b) Moneys in the Underground Storage Tank Fund may,
5 pursuant to appropriation, be used by the Office of the State
6 Fire Marshal or the Agency to take whatever emergency action
7 is necessary or appropriate to assure that the public health
8 or safety is not threatened whenever there is a release or
9 substantial threat of a release of petroleum from an
10 underground storage tank and for the costs of administering
11 its activities relative to the Underground Storage Tank Fund.
12 (c) Beginning July 1, 1993, the Governor shall certify
13 to the State Comptroller and State Treasurer the monthly
14 amount necessary to pay debt service on State obligations
15 issued pursuant to Section 6 of the General Obligation Bond
16 Act. On the last day of each month, the Comptroller shall
17 order transferred and the Treasurer shall transfer from the
18 Underground Storage Tank Fund to the General Obligation Bond
19 Retirement and Interest Fund the amount certified by the
20 Governor, plus any cumulative deficiency in those transfers
21 for prior months.
22 (Source: P.A. 90-491, eff. 1-1-98.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.".