Sen. John J. Cullerton
Filed: 5/20/2009
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| 1 | AMENDMENT TO HOUSE BILL 255
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| 2 | AMENDMENT NO. ______. Amend House Bill 255, AS AMENDED, | ||||||
| 3 | with reference to page and line numbers of Senate Amendment No. | ||||||
| 4 | 1, on page 184, immediately below line 3, by inserting the | ||||||
| 5 | following: | ||||||
| 6 | "Section 950. The Environmental Protection Act is amended | ||||||
| 7 | by changing Section 57.11 as follows:
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| 8 | (415 ILCS 5/57.11)
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| 9 | Sec. 57.11. Underground Storage Tank Fund; creation.
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| 10 | (a) There is hereby created in the State Treasury a special | ||||||
| 11 | fund
to be known as the Underground Storage Tank Fund. There | ||||||
| 12 | shall be deposited
into the Underground Storage Tank Fund all | ||||||
| 13 | monies received by the Office of the
State Fire Marshal as fees | ||||||
| 14 | for underground storage tanks under Sections 4 and 5
of the | ||||||
| 15 | Gasoline Storage Act and as fees pursuant to the Motor Fuel Tax | ||||||
| 16 | Law.
All amounts held in the Underground Storage Tank Fund | ||||||
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| 1 | shall be invested at
interest by the State Treasurer. All | ||||||
| 2 | income earned from the investments shall
be deposited into the | ||||||
| 3 | Underground Storage Tank Fund no less frequently than
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| 4 | quarterly. Moneys in the Underground Storage Tank Fund, | ||||||
| 5 | pursuant to
appropriation, may be used by the Agency and the | ||||||
| 6 | Office of the State Fire
Marshal for the following purposes:
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| 7 | (1) To take action authorized under Section 57.12 to | ||||||
| 8 | recover costs under
Section 57.12.
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| 9 | (2) To assist in the reduction and mitigation of damage | ||||||
| 10 | caused by leaks
from underground storage tanks, including | ||||||
| 11 | but not limited to, providing
alternative water supplies to | ||||||
| 12 | persons whose drinking water has become
contaminated as a | ||||||
| 13 | result of those leaks.
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| 14 | (3) To be used as a matching amount towards federal | ||||||
| 15 | assistance relative to
the release of petroleum from | ||||||
| 16 | underground storage tanks.
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| 17 | (4) For the costs of administering activities of the | ||||||
| 18 | Agency and the Office
of the State Fire Marshal relative to | ||||||
| 19 | the Underground Storage Tank Fund.
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| 20 | (5) For payment of costs of corrective action incurred | ||||||
| 21 | by and
indemnification to operators of underground storage | ||||||
| 22 | tanks as provided in this
Title.
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| 23 | (6) For a total of 2 demonstration projects in amounts | ||||||
| 24 | in excess of a
$10,000 deductible charge designed to assess | ||||||
| 25 | the viability of corrective action
projects at sites which | ||||||
| 26 | have experienced contamination from petroleum releases.
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| 1 | Such demonstration projects shall be conducted in | ||||||
| 2 | accordance with the provision
of this Title.
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| 3 | (7) Subject to appropriation, moneys in the | ||||||
| 4 | Underground Storage Tank Fund
may also be used by the | ||||||
| 5 | Department of Revenue for the costs of administering
its | ||||||
| 6 | activities relative to the Fund and for refunds provided | ||||||
| 7 | for in Section
13a.8 of the Motor Fuel Tax Act.
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| 8 | (b) Moneys in the Underground Storage Tank Fund may, | ||||||
| 9 | pursuant to
appropriation, be used by the Office of the State | ||||||
| 10 | Fire Marshal or the Agency to
take whatever emergency action is | ||||||
| 11 | necessary or appropriate to assure that the
public health or | ||||||
| 12 | safety is not threatened whenever there is a release or
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| 13 | substantial threat of a release of petroleum from an | ||||||
| 14 | underground storage tank
and for the costs of administering its | ||||||
| 15 | activities relative to the Underground
Storage Tank Fund.
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| 16 | (c) Beginning July 1, 1993, the Governor shall certify to | ||||||
| 17 | the State
Comptroller and State Treasurer the monthly amount | ||||||
| 18 | necessary to pay debt
service on State obligations issued | ||||||
| 19 | pursuant to Section 6 of the General
Obligation Bond Act. On | ||||||
| 20 | the last day of each month, the Comptroller shall order
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| 21 | transferred and the Treasurer shall transfer from the | ||||||
| 22 | Underground Storage Tank
Fund to the General Obligation Bond | ||||||
| 23 | Retirement and Interest Fund the amount
certified by the | ||||||
| 24 | Governor, plus any cumulative deficiency in those transfers
for | ||||||
| 25 | prior months.
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| 26 | (d) Except as provided in subsection (c) of this Section, | ||||||
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| 1 | the Underground Storage Tank Fund is not subject to | ||||||
| 2 | administrative charges authorized under Section 8h of the State | ||||||
| 3 | Finance Act that would in any way transfer any funds from the | ||||||
| 4 | Underground Storage Tank Fund into any other fund of the State. | ||||||
| 5 | (Source: P.A. 90-491, eff. 1-1-98.)"; and
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| 6 | on page 277, line 19, by replacing "2010" with "2010; but this | ||||||
| 7 | Act does not take effect at all unless House Bill 312 of the | ||||||
| 8 | 96th General Assembly, as amended, becomes law".
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