Bill Text: IL HB3318 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3318 Detail]

Download: Illinois-2013-HB3318-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB3318 Introduced , by Rep. John D. Cavaletto SYNOPSIS AS INTRODUCED:
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.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Section 57.11 as follows:
(415 ILCS 5/57.11)
Sec. 57.11. Underground Storage Tank Fund; creation.
(a) There is hereby created in the State Treasury a special
fund to be known as the Underground Storage Tank Fund. There
shall be deposited into the Underground Storage Tank Fund all
monies received by the Office of the State Fire Marshal as fees
for underground storage tanks under Sections 4 and 5 of the
Gasoline Storage Act and as fees pursuant to the Motor Fuel Tax
Law. All amounts held in the Underground Storage Tank Fund
shall be invested at interest by the State Treasurer. All
income earned from the investments shall be deposited into the
Underground Storage Tank Fund no less frequently than
quarterly. Moneys in the Underground Storage Tank Fund,
pursuant to appropriation, may be used by the Agency and the
Office of the State Fire Marshal for the following purposes:
(1) To take action authorized under Section 57.12 to
recover costs under Section 57.12.
(2) To assist in the reduction and mitigation of damage

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

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

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