Full Text of HB3318 98th General Assembly
HB3318 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3318 Introduced , by Rep. John D. Cavaletto SYNOPSIS AS INTRODUCED: |
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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.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing 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 | 9 | | fund
to be known as the Underground Storage Tank Fund. There | 10 | | shall be deposited
into the Underground Storage Tank Fund all | 11 | | monies received by the Office of the
State Fire Marshal as fees | 12 | | for underground storage tanks under Sections 4 and 5
of the | 13 | | Gasoline Storage Act and as fees pursuant to the Motor Fuel Tax | 14 | | Law.
All amounts held in the Underground Storage Tank Fund | 15 | | shall be invested at
interest by the State Treasurer. All | 16 | | income earned from the investments shall
be deposited into the | 17 | | Underground Storage Tank Fund no less frequently than
| 18 | | quarterly. Moneys in the Underground Storage Tank Fund, | 19 | | pursuant to
appropriation, may be used by the Agency and the | 20 | | Office 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, | 26 | | pursuant to
appropriation, be used by the Office of the State |
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| 1 | | Fire Marshal or the Agency to
take whatever emergency action is | 2 | | necessary or appropriate to assure that the
public health or | 3 | | safety is not threatened whenever there is a release or
| 4 | | substantial threat of a release of petroleum from an | 5 | | underground storage tank
and for the costs of administering its | 6 | | activities relative to the Underground
Storage Tank Fund. | 7 | | (c) Beginning July 1, 1993, the Governor shall certify to | 8 | | the State
Comptroller and State Treasurer the monthly amount | 9 | | necessary to pay debt
service on State obligations issued | 10 | | pursuant to Section 6 of the General
Obligation Bond Act. On | 11 | | the last day of each month, the Comptroller shall order
| 12 | | transferred and the Treasurer shall transfer from the | 13 | | Underground Storage Tank
Fund to the General Obligation Bond | 14 | | Retirement and Interest Fund the amount
certified by the | 15 | | Governor, plus any cumulative deficiency in those transfers
for | 16 | | prior months. | 17 | | (d) Except as provided in subsection (c) of this Section, | 18 | | the Underground Storage Tank Fund is not subject to sweeps, | 19 | | administrative charges , or charge-backs, including, but not | 20 | | limited to, those authorized under Section 8h of the State | 21 | | Finance Act , or any other fiscal or budgetary maneuver that | 22 | | would in any way transfer any funds from the Underground | 23 | | Storage Tank Fund into any other fund of the State when any | 24 | | owner or operator is awaiting payment from the Fund . | 25 | | (e) Each fiscal year, subject to appropriation, the Agency | 26 | | may commit up to $10,000,000 of the moneys in the Underground |
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| 1 | | Storage Tank Fund to the payment of corrective action costs for | 2 | | legacy sites that meet one or more of the following criteria as | 3 | | a result of the underground storage tank release: (i) the | 4 | | presence of free product, (ii) contamination within a regulated | 5 | | recharge area, a wellhead protection area, or the setback zone | 6 | | of a potable water supply well, (iii) contamination extending | 7 | | beyond the boundaries of the site where the release occurred, | 8 | | or (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 | 26 | | becoming law.
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