HJ0039eng 96TH GENERAL ASSEMBLY

HJ0039 Engrossed LRB096 12039 JDS 23932 r

HOUSE JOINT RESOLUTION 39

WHEREAS, In 1993, Public Act 88-496 established the Leaking Underground Storage Tank (LUST) program; and

WHEREAS, The purpose of the LUST program is, in accordance with the requirements of the Federal Hazardous and Solid Waste Amendments of 1984 of the Resource Conservation and Recovery Act of 1976 and in accordance with the State's interest to protect the environment, to establish procedures for the remediation of environmental contamination caused by leaking underground storage tanks; to oversee and review any required remediation of sites containing those tanks; to establish an Underground Storage Tank Fund to satisfy the financial responsibility requirements imposed by federal and State laws and regulations; and to establish procedures for persons eligible to seek payment from the Fund for costs associated with remediation; and

WHEREAS, Illinois motor fuel taxes and environmental impact fees have financed the Fund; and

WHEREAS, Over the course of its operation, the Fund has paid over $1 billion for eligible environmental clean-ups; and

WHEREAS, During this period, the Fund has twice experienced funding shortages, the current shortage requiring applicants for reimbursement to wait up to 18 months for payment; and

WHEREAS, There is currently a backlog of unpaid claims totaling $62 million; and

WHEREAS, If the Fund is not solvent, Illinois tank owners and operators will be forced to find more costly methods to satisfy their financial responsibility obligations under federal and State laws and regulations; and

WHEREAS, The Illinois Environmental Protection Agency estimates under the current system a future liability of $864 million to clean up projected 6500 leaking underground storage tank sites in Illinois over the next 20 years; and

WHEREAS, Under the current system, the existing funding sources will not be sufficient to keep up with the costs; and

WHEREAS, The cost of an average leaking underground storage tank site where costs are reimbursed from the Fund is significantly higher than in other states; and

WHEREAS, Current law does not contain adequate methods for monitoring and controlling costs at leaking underground storage tank sites where costs are reimbursed from the Fund; and

WHEREAS, The General Assembly finds that it is necessary to form a Task Force to study the significant problems that the Fund currently faces; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there is created an Underground Storage Tank Task Force to study the significant problems that the Underground Storage Tank Fund faces and to suggest a new approach to determine how moneys in the Fund will be used to pay for corrective action costs in addressing petroleum releases at sites and to study ways to monitor and control the costs of clean-up of leaking underground storage tank sites; and be it further

RESOLVED, That the Task Force shall consist of 11 members appointed as follows:

(1) One person appointed by the Speaker of the House, who shall serve as cochairman of the Task Force;

(2) One person appointed by the Minority Leader of the House;

(3) One person appointed by the President of the Senate, who shall serve as cochairman of the Task Force;

(4) One person appointed by the Minority Leader of the Senate;

(5) The Director of the Illinois Environmental Protection Agency, or his or her representative;

(6) One person representing the Office of the State Fire Marshall;

(7) One person, designated by the President of a petroleum marketers' association in Illinois;

(8) One person, designated by the Director of the Illinois Environmental Protection Agency, of a petroleum council in Illinois;

(9) One person, designated by the Director of the Illinois Environmental Protection Agency, of an association of petroleum and environmental engineers in Illinois;

(10) One person, designated by the Director of the Illinois Environmental Protection Agency, of an association of convenience stores in Illinois;

(11) One person, designated by the Director of the Illinois Environmental Protection Agency, of a council of engineering companies in Illinois; and be it further

RESOLVED, That the approaches studied by the Task Force shall include, but shall not be limited to, the following:

(1) In order to prevent the recurrence of a backlog of unpaid claims, requiring that the total costs approved for reimbursement from the Fund not exceed the monies in the Fund available to pay the costs;

(2) Requiring that costs reimbursed from the Fund be minimized to the greatest extent practicable, including, but not limited to, utilization of the Illinois Pollution Control Board's risk-based corrective action rules to the greatest extent practicable;

(3) Requiring that costs that will be reimbursed from the Fund be pre-approved by the State before they are incurred;

(4) Prioritizing approvals of costs that will be reimbursed from the Fund so that (1) sites posing a greater threat to human health and the environment receive higher priority than sites posing a lesser threat to human health and the environment, and (2) sites with operating underground storage tanks at the time of the release receive higher priority than sites without operating underground storage tanks at the time of the release;

(5) Competitive bidding of costs that will be reimbursed from the Fund, with such bidding including, but not being limited to, public notice of bid proposals; and be it further

RESOLVED, That the Illinois Environmental Protection Agency shall provide staff and support for the Task Force; and be it further

RESOLVED, That the members of the Task Force shall receive no compensation for serving as members of the Task Force; and be it further

RESOLVED, That the Task Force shall make its recommendations on proposed solutions to the significant problems facing the Leaking Underground Storage Tank Program and Fund and shall submit a report of its findings to the Governor and the General Assembly by December 31, 2009.