Illinois General Assembly - Full Text of HB3318
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Full Text of HB3318  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. John D. Cavaletto


415 ILCS 5/57.11

    Amends the Environmental Protection Act. Provides that the Underground Storage Tank Fund is not subject to sweeps, administrative charges, or charge-backs when any owner or operator is awaiting payment from the Fund. Effective immediately.

LRB098 08256 JDS 38356 b






HB3318LRB098 08256 JDS 38356 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5changing Section 57.11 as follows:
6    (415 ILCS 5/57.11)
7    Sec. 57.11. Underground Storage Tank Fund; creation.
8    (a) There is hereby created in the State Treasury a special
9fund to be known as the Underground Storage Tank Fund. There
10shall be deposited into the Underground Storage Tank Fund all
11monies received by the Office of the State Fire Marshal as fees
12for underground storage tanks under Sections 4 and 5 of the
13Gasoline Storage Act and as fees pursuant to the Motor Fuel Tax
14Law. All amounts held in the Underground Storage Tank Fund
15shall be invested at interest by the State Treasurer. All
16income earned from the investments shall be deposited into the
17Underground Storage Tank Fund no less frequently than
18quarterly. Moneys in the Underground Storage Tank Fund,
19pursuant to appropriation, may be used by the Agency and the
20Office of the State Fire Marshal for the following purposes:
21        (1) To take action authorized under Section 57.12 to
22    recover costs under Section 57.12.
23        (2) To assist in the reduction and mitigation of damage



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1    caused by leaks from underground storage tanks, including
2    but not limited to, providing alternative water supplies to
3    persons whose drinking water has become contaminated as a
4    result of those leaks.
5        (3) To be used as a matching amount towards federal
6    assistance relative to the release of petroleum from
7    underground storage tanks.
8        (4) For the costs of administering activities of the
9    Agency and the Office of the State Fire Marshal relative to
10    the Underground Storage Tank Fund.
11        (5) For payment of costs of corrective action incurred
12    by and indemnification to operators of underground storage
13    tanks as provided in this Title.
14        (6) For a total of 2 demonstration projects in amounts
15    in excess of a $10,000 deductible charge designed to assess
16    the viability of corrective action projects at sites which
17    have experienced contamination from petroleum releases.
18    Such demonstration projects shall be conducted in
19    accordance with the provision of this Title.
20        (7) Subject to appropriation, moneys in the
21    Underground Storage Tank Fund may also be used by the
22    Department of Revenue for the costs of administering its
23    activities relative to the Fund and for refunds provided
24    for in Section 13a.8 of the Motor Fuel Tax Act.
25    (b) Moneys in the Underground Storage Tank Fund may,
26pursuant to appropriation, be used by the Office of the State



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1Fire Marshal or the Agency to take whatever emergency action is
2necessary or appropriate to assure that the public health or
3safety is not threatened whenever there is a release or
4substantial threat of a release of petroleum from an
5underground storage tank and for the costs of administering its
6activities relative to the Underground Storage Tank Fund.
7    (c) Beginning July 1, 1993, the Governor shall certify to
8the State Comptroller and State Treasurer the monthly amount
9necessary to pay debt service on State obligations issued
10pursuant to Section 6 of the General Obligation Bond Act. On
11the last day of each month, the Comptroller shall order
12transferred and the Treasurer shall transfer from the
13Underground Storage Tank Fund to the General Obligation Bond
14Retirement and Interest Fund the amount certified by the
15Governor, plus any cumulative deficiency in those transfers for
16prior months.
17    (d) Except as provided in subsection (c) of this Section,
18the Underground Storage Tank Fund is not subject to sweeps,
19administrative charges, or charge-backs, including, but not
20limited to, those authorized under Section 8h of the State
21Finance Act, or any other fiscal or budgetary maneuver that
22would in any way transfer any funds from the Underground
23Storage Tank Fund into any other fund of the State when any
24owner or operator is awaiting payment from the Fund.
25    (e) Each fiscal year, subject to appropriation, the Agency
26may commit up to $10,000,000 of the moneys in the Underground



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1Storage Tank Fund to the payment of corrective action costs for
2legacy sites that meet one or more of the following criteria as
3a result of the underground storage tank release: (i) the
4presence of free product, (ii) contamination within a regulated
5recharge area, a wellhead protection area, or the setback zone
6of a potable water supply well, (iii) contamination extending
7beyond the boundaries of the site where the release occurred,
8or (iv) such other criteria as may be adopted in Agency rules.
9        (1) Fund moneys committed under this subsection (e)
10    shall be held in the Fund for payment of the corrective
11    action costs for which the moneys were committed.
12        (2) The Agency may adopt rules governing the commitment
13    of Fund moneys under this subsection (e).
14        (3) This subsection (e) does not limit the use of Fund
15    moneys at legacy sites as otherwise provided under this
16    Title.
17        (4) For the purposes of this subsection (e), the term
18    "legacy site" means a site for which (i) an underground
19    storage tank release was reported prior to January 1, 2005,
20    (ii) the owner or operator has been determined eligible to
21    receive payment from the Fund for corrective action costs,
22    and (iii) the Agency did not receive any applications for
23    payment prior to January 1, 2010.
24(Source: P.A. 96-34, eff. 7-13-09; 96-908, eff. 6-8-10.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.